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HomeMy WebLinkAbout1998-07-13 98-298 ORDERCOUNCIL ACTION Item NO. 98-298 Date duly 13. 1998 Item/Subject: Authorizing Execution of Release Deed -- Portion of Enfield Street -- to William J. and Carol J. Adams Responsible Department: Legal Commentary: Enfield Street was an unbuilt "paper" street adjacent to the easterly sideline of Garland Street Field. In July, 1991, by Council Order 91-286, the City Council formally discontinued Enfield Street as a public street. When the City discontinues a public street, abutting property owners normally take title to the center line. In this case, however, further research indicated that the entire 50' width of Enfield Street had been laid out over a parcel that later became the Howard Street neighborhood. In such sea, 33 MASA § 467 provides that the abutting property owners take title in accordance with their original interest in the land Concerned. This means that lot owners fronting on Howard Street legally own the full 50' width of Enfield Street abutting the rear of their lots. (cont'd on next page) ?l>~G v/' Heg gv� Departmen ad U Manager's Comments: A,J City Mane Associated Information: Deed Legal Approval: A(5 n0r(A4 7 N•.oJ� ,n Ise A COASenf ply/')pOa i{CM, wprr � t ✓ r� OL has hzen pJaded On %��..¢¢ /e:?a a R /�A h- dV SO✓Y14 GuAPjt City Sol c'tor Introduced For 1}emhel/S ✓Nor AoeVA 41 i%ibir "(J% Pacts age Firs[ Reading �!A(,`' hitlbr 0) - Referral 9nP%eld Sj Page 1 of 5 . r (d1�ca/n Fin oanU. 98-298 William J. and Carol S. Adams, owners Of 146 Howard Street, have requested a release deed to confirm their ownership of the Portion of Enfield Street adjacent to their property. Previous requests by other Howard Street residents have been granted by the City Council. The attached order would authorize execution and delivery of a release deed to Mr. and Mrs. Adams. The proposed deed reserves a drainage easement 1n favor of the City. Our $70 quitclaim deed fee will be charged. Your approval is recommended. 98-298 Aa Pg to Camelor Crowley July 13, 1998 CITY OF BANGOR A th rizmg Execution of Pelee- ad Deed - Portion of Enfield Street -- to William J. and Carol J. Adams By tM City Coaxer! ofdw City of Bahgar. OEDEEED, THAT Edward A. Barrett, City Manager, is hereby authorized, on behalf of the City of Bangor, to execute a deed to releasing any interest the City may have in a portion of Enfield Street, so-called, abutting property of William J. and Carol J. Adams. A copy of said deed is attached hereto. 98-298 IN CITY COUNCIL dg July 13, 1998 {i 0 R D E A Notion fon Passage made 6 seconded Passed Title, Authorizing Execution of Release Deed - Portion of Enfield Street - To William and Carol J. Adams ............................ RK Assigned to .......... CCS......... Co........... uncilman 98-298 The CITY OF BANGOR, a municipal corporation organized and existing under the laws of the State of Maine and located at Bangor, Penobscot County, State of Maine. as Grantor, releases to WILLIAM J. ADAMS and CAROL J. ADAMS, husband and wife, both of Bangor, Penobscot County, State of Maine, as joint tenants, Grantees, the land located in Bangor, Penobscot County, Maine, more Particularly described as follows: BEGINNING at a point on the easterly line of the former Enfield Street right-of-way, so- called, as depicted on a Plan entitled "Howard Street Mannor, Bangor, Maine Developed by interstate Land Company, Peter V. Cipolla, Engineer" dated July 1929 and recorded in Plan Book 13, Page 14, Penobscot County Registry of Deeds; said point also being the northwesterly corner of land of the Grantees as described in Book 2134, Page 458, Penobscot Registry of Deeds; Thence westerly, by and along a continuation of the Grantees' existing northerly line, fifty feet (50') to the westerly sideline of the former Enfield Street right-of-waY; Thence, at right angles, southerly, by and along the westerly sideline of the former Enfield Street right-of-way, one hundred feet (100') to the southerly terminus of said former right-of-way; Thence, at right angles, easterly, fifty feet (50') to the southwesterly corner of the Grantees' existing land as described in Book 2134, Page 458; Thence. at right angles, northerly by and along Grantees' existing westerly line, one hundred feet (100') to the Point of BEGINNING. Being all that portion of the former Enfield Street right-of-way lying immediately to the rear of Grantees' existing land as described n Book 2134, Page 458, Penobscot Registry of Deeds. Said Enfield Street was discontinued as a public street of the City of Bangor by Bangor City Council Order 98-261 dated June 24, 1991 and Bangor City Council Order 91-286 dated July 22, 1991, as recorded in Book 4895, Pages 122 and 124, Penobscot Registry Of Deeds, respectively. EXCEPTING AND RESERVING a twenty-five foot (25') wide permanent easement for the construction and maintenance of a drainage system along the most westerly portion of said property conveyed. The easement herein reserved shall include the right to enter upon said twenty-five foot (25') strip with personnel, vehicles and equipment at all reasonable times for the purpose of constructing and maintaining said drainage. 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 July, 1998. Signed, Sealed and Delivered CITY OF BANGOR in the Presence of: (By) Edward A. Barrett Its City Manager PENOBSCOT, as. July 1998 Then personally appeared the above-named EDWARD A. BARNETT, 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: