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Home My WebLink About1998-05-11 98-215 ORDERCOUNCIL ACTION Item No. 98-215 Date May 11, 1998 Item/Subject Authorizing Execution of Purchase and Sale Agreement and Municipal Quitclaim Deed -- Real Estate Located at 645 Union Street Responsible Department: Legal 645 Union Street, formerly a Tsoulas property, was acquired by the City by virtue of a matured tax lien. Several people, including Thomas Smash, made offers to purchase the property. The Finance Committee recommended that the City sell to Thomas Emero. Mr. Emero and one other were high bidders at $5000.00. However, Mr. Emero also agreed to conditions, such as the City retaining an easement for widening Union Street that are favorable to the City. This Order authorizes the City Manager to enter into a Purchase and Sale Agreement with Mr. Emero and to execute a deed. Depaxt Hem Manager's Comments: City Manager T Associated Information: Purchase &'Sale Agreement, Deed FinanceD city 4 solicitor Introduced For NEW BUSINESS Passage First Reading Referral Page 1 of (TITLE.) Wri 98-215 Amigned to Councyoe Crowley May 11, 1998 CITY OF BANGOR Authorizing Execution of Purchase and Sale Agreement and Municipal Quitclaim Deed -- Real Estate Located at 645 Union Street By W Cao Couval Of Ms City Of 8w -* ORDMED, THAT Edward A. Barrett, City Manager, is hereby authorized, on behalf of the City of Bangor, to enter into a purchase and sale agreement with Thomas D. Emero and to execute a deed to Thomas D. Emero for 645 Union Street (Tax Map 10, Lot 71). Copies of said purchase and sale agreement and quitclaim deed are attached hereto. IM CITY WUMCIL - my it, 1998 Passed ITT LBRK 98-215 D R DEN Title, Authorizing Execution of Purchase and Sale Agreement and Municipal Quit- claim Deed - Heal Estate Located at 645'0i36n'Stteet...................... .... ... .. ............ . ..... .. �� uneilman 98-215 AGREEMENT made this day of May, 1998, by and between the CITY OF HARGOR, a municipal corporation with a mailing address of 73 Harlow Street, Bangor, Maine 04401 (hereinafter collectively called the "Seller") and THOMAH D. BMHRO, whose mailing address is 108 Sandy Beach Road, Lot 2. Glenburn, Maine 04401 (hereinafter collectively called the "Buyer"( who agree as follows: 1.0 Purchase and Sale of Property: Seller agrees to sell to Buyer and Buyer agrees to purchase from the Beller, on the terms and conditions set forth herein, the real estate situate in Bangor, Penobscot County, Maine, more particularly described in the deed from Flora M. Colburn to Timothy M. Tsoulas recorded in Book 2968, Page 335 of the Penobscot County Registry of Deeds (hereinafter called the "Property"), which will be conveyed SUBJECT TO a twenty (20) foot wide easement running along the Union Street frontage of the Property to be reserved by Seller for highway purposes. A copy of said deed is attached hereto and incorporated by reference herein. 2.0 Purchase Price: The purchase price for the Property shall be Five Thousand ($5,000.00) Dollars, which shall be payable as follows: 2.1 earnest money deposit of Five Hundred ($500.00) Dollars to be paid concurrently with the execution of this Agreement, the receipt of which is hereby acknowledged by the Seller; and 2.2 payment of the balance at closing, subject to any closing adjustments provided for in this Agreement. 3.0 Title: Upon execution of this Agreement, Seller shall provide Buyer with copies of all tax liens and related statutory notices, any existing plans, surveys, abstract Of title and title insurance policy. Buyer will assume responsibility and expense for any further title examination, and obtaining a good and sufficient deed from the tax delinquent owner, or its successors and assigns. 4.0 Deed: seller shall, on the date of closing, execute and deliver to Buyer a good and sufficient Municipal Quitclaim Deed conveying the Property to Buyer in fee simple. 5.0luso iyg The closing shall take place at Bangor City Hall, On June 15, 1998 at 2:00 p.m., or at such other time or place as the parties may mutually agree, unless otherwise extended pursuant to other terms of this Agreement. 98-215 6.0 Prorations and Fees: All municipal real estate taxes and assessments against the Property shall be paid by, or waived by Seller through June 30, 1998. Buyer shall pay its real estate transfer tax in accordance with Maine statute. Beller is exempt from transfer tax. 7.0 Default: If the Buyer fails to purchase the Property for any reason other than those reasons specified herein as giving Buyer the right to terminate this Agreement, and if Seller has fully performed all of Seller's obligations hereunder, then the Seller shall retain the earnest money deposit as liquidated damages in full and complete satisfaction of all claims against Buyer. 8.0 Possession: Seller shall deliver possession of the Property to the Buyer at closing, free of all tenants and occupants, the Property to be then in the same condition as it is now. 9.0 Fisk o£ Loss: In the event of Substantial loss Or damage to the Property prior to the closing, Buyer shall have the election either to terminate this Agreement and receive a refund of the earnest money deposit or to complete the purchase and receive the insurance proceeds or eminent domain award received by Seller on account of the damage or loss. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate original$ on the day, month and year first above written. WITNESSES: CITY OF BANGOR (SELLER) Edward A. Barrett Its City Manager Federal ID #01 60000 20 Thomas D. Emend (BUYER) SSN #009-59-6105 The CITY OF BANGOR, a body corporate, located in Bangor, Penobscot County, Maine, for consideration Paid, releases to THOMAS D. EMERO, of Glenburn, Penobscot County. Maine, the property located in said Bangor, in said County and State, being more particularly described as follows: FIRST PAR A certain lot of land, with the buildings thereon, in said Bangor, being lot numbered one, on the corner of the Avenue Road and Sixteenth Street as laid down on Nathaniel Collemore's plan of Solomon Dunning's land, recorded in Penobscot Registry of Deeds, Plan Book No. 3, Page 69. Said lot measuring eight rods on said Sixteenth Street and four rode and sixteen feet on said Avenue Road, reference to Said plan to be had. Reserving, however, a strip of tan feet in width the whole length of said lot on Sixteenth Street, Whenever the same may be wanted to widen said Street. ALSO, another lot of land with the buildings thereon, situate in said Bangor, being lot numbered two on said Avenue Road, as laid down on N. Collamore's Plan of Solomon Dunning's land, lying between the Levant and Avenue Roads, which plan bears date October 9th. 1855, and is recorded in Penobscot Registry of Deeds, Plan Book Number 3, Page 69, reference thereto may be had. Meaning and intending hereby to convey all of said Lots No. 1 and 2 on the Avenue Road, in said Bangor, mentioned in the deed of Mary A. Lombard to Mary A. Cook, dated March 5th, 1894, and recorded in Penobscot Registry of Deeds, Book 639, Page 428, and the same lots numbered one and two mentioned in the deed of Charles E. Cook at al. to Albert E. Cook, dated June 2nd, 1919, and recorded in Penobscot Registry of Deeds, Volume 911, Page 261. There is excepted and reserved from the foregoing described premises that portion acquired by the State of Maine by Layout and Notice of Taking dated June 18, 1958, recorded in Volume 1630, Page 309. The above described premises were conveyed to Harry E. Colburn and Flora M. Colburn, as joint tenants, by Warranty Deed of Edward M. Foley dated June 1, 1966, and recorded in Volume 2956, Page 191. 98-215 SECOND PARCEL: A certain lot or parcel of land situate in said Bangor, being Lot number 63 on Sixteenth Street as laid down On N. C011a re'9 Plan of S. running's land lying between the Levant Road and Avenue Road, which plan is recorded in the Penobscot Registry of Deeds, Plan Book No. 3. Page 67, EXCEPTING AND RESERVING therefrom a strip of land ten feet in width, all as set forth in the deed of Lucy E. Farrar to Peter Campbell, dated June 1, 1988, recorded in said Registry in Volume 584, Page 48. There is further expressly excepted and reserved from the within conveyance the lot or parcel of land taken by the State of Maine for highway purposes and more particularly described in the Notice of Taking dated June 18, 1958, recorded in said Registry. Volume 1630. Page 309, which said parcel was released to said State of Maine by Mabel S. Campbell by Beed recorded in said Registry, Volume 1644, Page 322. The above described SECOND PARCEL was conveyed to Harry E. Colburn and Flora M. Colburn, as joint tenants, by Warranty Deed of Mabel S. Campbell dated July 10, 1959, and recorded in Volume 1684, Page 243. The said Harry E. Colburn became deceased on November 13, 1975, thus vesting title in Flora, M. Colburn, the .surviving Joint tenant. EXCEPTING AND RESERVING an easement twenty (20) feet in width along the most westerly boundary of said parcel abutting Union Street for the purpose of widening said Union Street. By acceptance of this deed, Grantee agrees he shall place no structure upon said easement parcel. By acceptance of this deed Grantee also agrees not to have access to the above described premises from Union Street. Being the same premises described in a Warranty Deed from Flora M. Colburn to Timothy N. Tsoulas, dated April 13, 1979, and recorded in said Penobscot Registry of Deeds in Book 2968, Page 335. Being the same premises acquired by said City of Bangor for unpaid taxes assessed for tax year 1995 by virtue of an undischarged tax lien recorded in the Penobscot Registry of Deeds in Book 5876, Page 228. 98-215 The said CITY OF BANGOR has caused this instrument to be sealed with its corporate seal, and signed in its corporate name by EDWARD A. BARRETT, City Manager, thereUntO duly authorized, this day of May, 1998. Signed, Sealed and Delivered In the Presence of CITY OF BANGOR By Edward A. Barrett City Manager STATE OF MAINE _ PENOBSCOT, as. May 1998 Then personally appeared the above-named EDWARD A. BARRETT, City Manager, and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said body corporate. Before me. Notary Public/Attorney-at-Law Printed Name: GRANTEE'S ACCEPTM Thomas D. Emero, as Grantee, hereby accepts the above deed subject to the terms, conditions, covenants, and undertakings set out therein. Witness Thomas D. Emero PENOBSCOT, as. May 1998 Then personally appeared the above-named Thomas D. Emero and acknowledged the foregoing instrument to be his free act and deed. Before me, Notary Public/Attorney-at-Law Printed Name: