The URL can be used to link to this page

Home My WebLink About1997-04-28 97-188 RESOLVECOUNCIL ACTION Item No. 97-188 Date Aoril 28 1999 Item/Subject: Ratifying Execution and Delivery of Municipal Quitclaim Deed and Mortgage Discharge -- 22-24 Carroll Street Responsible Department: Legal In April 1994 the property at 22-24 Carroll Street was demolished. Demolition costs, including expenses incurred by both the Code Enforcement and Legal Departments, were assessed to the Talbots in the amount of $9,515.83. The charges were incorporated into the FY 1995 tax bill to be collected in the same manner as other real estate taxes. Efforts to collect these charges were unsuccessful. In November 1996 the Talbots requested an abatement of the 1995 special assessment. Their request was heard by the Finance Committee on December 2, 1996, which recommended partial approval. The Talbots were directed to pay one half the demolition charges less accrued interest either through a standard workout agreement (cont'd on next page) Department Nead Manager's Comments: -i��Dsnw ftwAu I City Manager Associated Information: Resolve, Deed, Mortgage & Discharge Finance Director V Y "I City SoliclCOY Introduced For Consent Agenda x Passage First Reading Referral Page 1 of $; 9;-188 Assigned to Councilor Woodcock April 28, 1997 CITY OF BANGOR Ratifying Execution and Delivery of Municipal ITITLEJEesalsm.................... ..... _.......... _... _... _... ......... .................. ........ .... ......_........ Quitclaim Deed and Mortgage Discharge -- 22-24 Carroll Street By W City CpunpA of Use qty Of Dan . "5pgVt% actions of the Deputy Finance Director and City Solicitor in executing and delivering a municipal quitclaim deed and discharge of mortgage for property located at 22-24 Carroll Street to Gerald E. Talbot and Mita J. Talbot are hereby ratified and affirmed. Copies of bath documents are attached to this Resolve and are incorporated herein by reference. IN CITY COUNCIL April 28. 1997 Passed CLE PK 9]-188 EES0LVE Eatifvina Execution and Delivery of Municipal Quitclaim Deed and Mortgage Discharge - 22-2/44 Carroll Street aw V - I'( W T, a)ftXOCL MORTGAGE GERALD E. TALBOT and ANITA J. TALBOT, both of Portland, Cumberland County, Maine, as Grantors, for consideration paid, grant to the CITY OF BANGOR, a municipal corporation organized and existing under the laws of the State of Maine, located at Bangor, Penobscot County, Maine, as Grantee, with MORTGAGE COVENANTS, to secure the payment, as of December 2, 1996 of Four Thousand Five Hundred Dollars and No Cents ($4,500.00) with zero percent (0%) simple interest per annum thereafter, the property in Bangor, Penobscot County, Maine, more particularly described as follows: Land (and buildings) located at 22-24 Carroll Street in said Bangor and further described in deeds recorded in volume 3578, Page 1; Volume 5601, page 145; and Volume 5679, Page 106, Penobscot County Registry of Deeds. Designated further as real estate account number 65369. This Mortgage is given by the undersigned Grantors and is accepted by the Grantee in satisfaction and compromise of the sums secured by a municipal Tax Lien Certificate dated June 12, 1995, recorded in Book 5896, Page 187, Penobscot County Registry of Deeds. Without waiving its statutory priority under 36 MRSA 4 943 with respect to the sums secured by this Mortgage, the Grantee, by its acceptance and recording of this Mortgage, agrees not to employ the statutory foreclosure process under 36 MRSA 44 941-944 with aspect to said Tax Lien Certificate, and agrees to waive any claim for amounts secured by said Tax Lien Certificate in excess of the $4,500.00 secured by this Mortgage. This Mortgage is upon the statutory condition, for any breach of which the Grantee shall have the remedies provided by law. The Grantors reserve the right to prepay the a= secured by this Mortgage, in whole or in part, at any time. All some secured by this Mortgage shall be payable to the City of Bangor in 60 regular monthly payments of Seventy-five Dollars ($75.00) each until paid n full, with the first payment due on January 31, 1997 and subsequent payments due on the let of each month thereafter. If t previously paid, the balance of the some secured by this Mortgage shall be due and payable in full upon any sale or other transfer of ownership of the above-described property, with transfer of ownership for this purpose to include any transfer by sale or gift or due to death of both Grantors, insolvency of the Grantors, or any foreclosure of prior or subordinate mortgage interests. By its acceptance and recording of this Mortgage, the Grantee agrees that upon finalpaymentof the $4,500.00 amount secured hereby, it shall issue a discharge of this Mortgage, which shall also operate as a release and discharge of any interest of the Grantee arising under the Tax Lien Certificate previously recorded in Book 5876, Page 187, Penobscot County Registry of Deeds. 9]-188 or tax mortgage. The Talbots executed amortgage in the amount of $4500 in late December which provided for monthly payments over the ext five Years. These monthly payments were made in January and February, 1997. Last month we were notified that the Talbots paid the mortgage in full, together with the administrative quitclaim fee. In order to clear the record at the Penobscot Registry of Deeds, both a mortgage discharge and municipal quitclaim deed were recorded. This Resolve would ratify the above action. 9)-188 WITNESS our hands and seals this day of December. 1996. WZ Gerald E. Talbot Witness Anita Talbot STATE OF MAINE Penobscot, ss.December 'J�� , 1996 Then personally appeared the above-named Gerald E. Talbot and Anita J. Talbot and acknowledged the foregoing instrument to be their respective free act and deed. Before me, Notary Public/AttorPey-at-Law Printed Name: Cnrcl/wt p. xsi¢e/rcy GRANTEELs ACCEPTANCE A�) The City of Bangor, as Grantee, joins in this Mortgage for the purpose of evidencing its acceptance of this Mortgage upon the terms and conditions stated herein. IN WITNESS WHEREOF', the City of Bangor has caused this Mortgage to be executed by Ronald I. Heller, its Finance Director, duly authorized, this day of December, 1996. CITY OF BANGOR 4. (BY) — wi mess - Ronald I. Heller Its Finance Director 9➢ -188 STATE OF MAINE p' PENOBSCOT, ss. December 1996 Then personally appeared the above-named Ronald 1. Heller in his capacity as Finance Director for the City of Bangor, and acknowledged the foregoing "Grantee's Acceptance" to be his free act and deed in said capacity, and the free act and deed of the City of Bangor. Before me, Notary ac{httoII[2y'-cfLaw Printed Name: 'f�EiCRI Fc Co o- /9Vd RI 3 (IOSUV'l97-188 0x6350 PG095 DISCHARGE OF MORTGAGE CITY OF BANGOR, holder of a Mortgage from GERALD E. TALBOT AND ANITA S. TALBOT to the CITY OF BANGOR, dated December 28, 1996 and recorded in the Penobscot County Registry of Deeds in Book 6301, Page 356, hereby acknowledges satisfaction of and hereby discharges the same in full. 1N WITNESS WHEREOF, 1, the said Deborah �A. Cyr, Deputy Finance Director, have hereunto set my hand this geAday of March, 1997. CITY OF BANGOR Ieyl 1l�`� Wi ness Deborah A. Cys Deputy Finance Director STATE OF MAINE PENOBSCOT, as. March oq8 , 1997 Then personally appeared the above named Deborah A. Cyr, Deputy Finance Director, and acknowledged the foregoing instrument to be her free act and deed in her said capacity, and the free act and deed of said body corporate. Before me, (3B gU rvocary Public*Ateefacy-ac InO..ry Printed Name: fengi LEE CO,a/ is12AI03 PENUSCOT. 95 RECEIVED 1991 MAR 28 P12.51 �dunm�� (inPp� REGISTER "OC -165 65 eK6350 PGO96 97-188 NNNICIPAL ODITCLAIM DEED The CITY OF BANGOR, a body corporate, located in Bangor, Penobscot County, Maine, for consideration paid, releases to GERALD E. TALBOT AND ANITA J. TALBOT, both of Portland, Cumberland County, Maine, the property located in said Bangor and more particularly described as follows: Real estate located at 26 Carroll Street in said Bangor, and further described in Volume 3758, Page 1, Penobscot Registry of Deeds. This property is further designated as real estate account number 65369, Assessor's Map 26, Lot 113. Being the same premises acquired by said City of Bangor for unpaid taxes assessed for the tax year 1995 by virtue of an undischarged tax lien recorded in the Penobscot Registry of Deeds in Book 5876, Page 187. The purpose of this deed is to release any interest the city may have in the above-described property by virtue of unpaid taxes assessed for tax year 1995. All public easements or other public interests in the described premises for roads, sewers, or other purposes are expressly reserved. The said CITY OF BANGOR has caused this instrument to be sealed with its corporate seal, and signed in its corporate name by DEBORAH A. CYR, Deputy Finance Director, thereunto duly authorized, this 291h day of March, 1997. - Signed, Sealed and Delivered In the Presence of CITY /OFFn JBANGOR / By Wii sSV V Deborah Aborah A. Cyr Deputy Finance Director STATE OF MAINE PENOBSCOT, as. March 0?& , 1997 Then personally appeared the above-named DEBORAH A. CYR. Deputy Finance Director, and acknowledged the foregoing instrument to be her free act and deed in her said capacity, and the free act and deed of said body Corporate. PENOBSCOT. as RECEIVED Before me, 1981 NAA 28 P 12. 51 • Aon rou Notary Public a pp - U/J Printed Name: TERIL LC£ Ce�tpy Aub,,uld✓ 1apa%o3 REGISTER