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)
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Manager's Comments:
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Associated Information: Deed
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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: