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Home My WebLink About1994-11-14 95-2 ORDERCOUNCIL ACTION _ -Item No.95_2 Date November 14. 1994 - Item/Subject: Authorizing City Manager to execute a Deed Releasing a Portion of "Ford Street", so-called, to Georgianna R. Ellis Responsible Department: Legal .. The attached Order would authorize a release of the City's interest in a portion of Ford Street, so-called, lying adjacent to the property of Georgianna R. Ellis at 35 turning Boulevard (Tax Bap R25, Lot 9- see sketch attached). Ford Street was dedicated as a public street upon subdivision of the surrounding land in 1926, but was never accepted or built. Accordingly, a statutory presumptionofabandonment applies under 23 MRSA 5 3028. Mrs. Ellis holds fee title to the land underlying the portion of Ford Street concerned, by virtue of her ownership of the abutting property at 35 Dunning Boulevard, and by virtue of a release deed Continued on next page WZ,f ti He r� Manager's Coments:Iz •. zl T 1 I i MRI' Associated Information: Order, Deeds, Sketch Finance Director Legal Approval, City Sol citor IntroFor BLKi-Btl9iHES5 CDIU S£N j' Passage First Reading Referral Page 1 of _� I Mriped to Councilor Soucy November 14, 1994 CITY OF BANGOR Authorizing City Manager to Execute a Deed mrLE.) (Drber, Releasing a Portion of 'Ford Street", so-called, to Georgianna R. Ellis -1— By the CUR QwwwU of Me My oj9anow. _ OBD' Wo -TWT the City Manager is authorized to execute and deliver to Georgianna R. Ellis of 35 Dunning Boulevard, Bangor, Maine, a Municipal Quitclaim Deed, in a form Substantially similar to the deed attached hereto, releasing any right, title and interest of the City of Bangor in and to a portion of -Ford Street," so-called, lying adjacent to her property at 35 Dunning Boulevard, said "Ford Street" being an unaccepted, unbuilt street. 95-2 from Bal wheeler, owner of 57 Dunning Boulevard (s_ copy attached). The City's release to Mrs. Ellis will clear her title by confirming the legal status of the Ford Street right of way. In that the City has no ownership interest in Ford Street, no price has been set for the City's conveyance. Our usual 570.00 quitclaim deed fee has been received. This conveyance is similar to three earlier conveyances approved by the Council in April, 1994, which released portions of Monroe Street to Dennis and Sane Libbey, Atlantic Land Company, and Coastal Acreage, Inc. 95-2 IN CITY CMCIL O R D E R November 14, 1994 Passed Title, Authorizing City Manager to Execute a Deed Releasing a Portion of "Ford street, so-called, to Rls Geosgianua x. li. CITY C RR ...................................... Assigned to ' -. .....�!..... - UUU Eo' wcllmen 95-2 , MUNICIPAL ONITCLAIM DEED The City OF BANGOR, a body corporate, located in Bangor, Penobscot County, Maine, for noconsideration, releases to GEORGIANNA K. ELLIS of Bangor, Penobscot County, Maine, the land in Bangor, Penobscot County, Maine bounded and described as follows: BEGINNING at a point in the northwesterly sideline of Dunning Boulevard at the southerly corner of Lot No. 1 in Block No. 31 in "Westland Park", so-called, as shown In the plan of "Westland Park", made by David J. Mason, CE, for the Graham-lvers Company dated October 31, 1921, revised January 1926, and recorded in Plan Book vol. 13, Page 3, Penobscot Registry of Deeds; said Lot No. 1 being part of the premises described in a deed from Casco Northern Bank, NA to Georgianna K. Ellis, dated April 29, 1993 and recorded in Book 5371, Page 264, Penobscot Registry of Deeds; Thence southwesterly by an extension of the southeasterly line of said Lot No. 1 in Block No. 31 a distance of fifty feet (50'), more or less to, the northeasterly corner of Lot No. 3 in Block No. 30 as shown in said plan of "Westland Park"; Thence northwesterly by and along the northeasterly line of said Lot No. 3 in Block No. 30 a distance of two hundred ten feet (2101), more or lees, to the northernmost corner of said Lot No. 3 in Block No. 30; Thence northeasterly a distance of fifty feet (501), more or less, to the northwesterly corner of said Lot. No. 1 in Block No. 31; Thence southeasterly by and along the westerly line of Lot No. 1 in Block No. 31 a distance of two hundred ten feet (2101),. more or less, to the point of BEGINNING. Meaning and intending to convey, and there is hereby conveyed, all right, title and interest, if any, of the City of Bangor in and to that portion of -Ford Street", so-called, lying adjacent to said Lot No. I in Block No. 30, arising by virtue of the dedication of "Ford Street" s a public way in the above - referenced plan of "Westland Park9; said "Ford Street" not having been built or accepted as a public way and not having been kept passable for the use of motor vehicles at public expense for a period of more thanthirty years next preceding the execution and delivery of this deed. 95-2 By execution and delivery of this deed, the City of Bangor further relinquishes the right to retain a public easement, as defined in Title 23 MRSA 5 3026, in the land herein conveyed,and further relinquishes the right to make the land herein conveyed an easement for recreational use pursuant to Title 23 MRSA S 3028. All rights of the City of Bangor, if any, in and to the described premises arising by virtue of any recorded instrument other than the plan of "Westland Park' recorded in Plan Book Vol. 13, Page 3, Penobscot Registry of Deeds, are hereby expressly reserved. The said CITY OF BANGOR has caused this instrument to be Baled with its corporate seal, and signed in its corporate name by EDWARD A. BARRETT, City Manager, thereunto duly authorized, this day of November, 1994. Signed and Sealed CITY OF BANGOR In the Presence of By Edward A. Barrett city Manager PENOBSCOT, as. November , 1994 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: WAABJETY DEED SNOW ALL MEN BY THESE PRESENTS, THAT, HAROLD A. WHEELER aed DEBORAH D. WHEELER, both with an address of 57 Dunning Boulevard, Bangor, Maine 04401, for consideration paid, GRANT, to GEORGIAMNA A. ELLIS, With an address of 35 Dunning Boulevard, Bangor, Maine 04401, with WARRANTY COVENANTS, the land situated in Bangor, Penobscot County, Maine, described in Exhibit A annexed hereto. Together with all rights, easements, privileges and appurtenances belonging to the granted estate. WITNESS our hands and seals this 4?3a day oof/f 4Q' ' 1994. Rare, laws. Wheeler -- Deborah D. WReeler STATE OF MAINE COUNTY OF PENOBSCOT fid/ 3 , 1994 Personally appeared the above named Harold A. Wheeler and acknowledged the foregoing instrument to�bbeeMhis free act and deed. Before me l/�/�(�%�'-� Notary Public �' l //7 .cn✓ p NIA print °r�tiusi yaF u/p� 95-2 BaEOLD A.IK. ELLIS A certain lot or parcel of land situated in Bangor, Penobscot County, Maine, described as follows: Beginning at the most easterly corner bound of Lot No. 3, Block 30, on Plan of Westland Park, dated October 31, 1921, revised January, 1926 and recorded in Penobscot county Registry of Deeds in Flan Book 13, Page 3; thence northwesterly by and along the northeasterly bound of said Lot No. 3, aforesaid, 210 feet, more or lass, to the most northerly corner thereof; thence northeasterly 25 feet, more or leas, to the centerline of Ford Street as shown on said Plan of Westland Park, aforesaid; thence southeasterly by and along the centerline of Ford Street, aforesaid, 210 feet, more or less, to Dunning Boulevard; thence southwesterly by and along Dunning Boulevard, 25 feet, more or less, to point of beginning. Meaning and intending to convey the southwesterly one-half of Ford Street as shown on Plan of Westland Park recorded in Penobscot County Registry of Deeds in Plan Book 13, Page 3, Ford Street having been discontinued as a public street. .The Grantee herein Georgianna R. Ellis is the owner of the northeasterly one-half of said Ford Street. C. S. 4 -M�_