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Home My WebLink About1995-01-23 95-81 ORDERCOUNCIL ACTION Item No. 95-81 Date January 23 1995 Item/Subject: Authorizing City Manager to Execute Easement Deed with UnitedcOrp and Houlton Hand of Maliseet Indians - Land on oak Street, Bangor, Maine. ' Responsible Department: Legal Commentary: On March 11, 1994, the City Council approved an amended version of Council Order 94-125, which as amended authorized the City Manager to execute a quitclaim deed releasing the City's tax title to the Malieeet Gardena property back to the Houlton Band of Malieeet Indians. The Order provided that aid Deed shall not be delivered to the Houlton Band of Malieeet Indians until all tax and other accounts owed to the City of Bangor are brought current and all encroachment issues have been resolved to the satisfaction of the City Manager and the City Solicitor.' (cont'd) so Associated Information: Order, Draft easement deed Finance Director Cl t}' —Cl tOr Int rod For L&naR _L Passage First Reading Referral Page 1 of 5 Departm nt Head /� Manager's Comments: so Associated Information: Order, Draft easement deed Finance Director Cl t}' —Cl tOr Int rod For L&naR _L Passage First Reading Referral Page 1 of 5 95-81 -2- Following passage of Council Order 94-125, a ended, the Houlton Band of Maliseet Indians and the Bureau of Indian Affairs promptly paid the balance due On some $180,559.97 in delinquent taxes, sewer charges, parking lease payments, and other obligations owed to the City. The Maliseets also moved a sewer connection and fire alarm line that encroached on two adjacent development lots owned by the City, both subsequently sold to Unitedcorp. The attached Council Order would authorize the City Manager to consent to an easement deed from Unitedcorp to the Maliseets, which will resolve a remaining encroachment issue. City consent is necessary because, under the City's deed to Unitedcorp, the City retains a reversionary interest in the lot concerned. Upon execution and recording of the attached easement deed, and upon resolution a final encroachment issue relating to a separate are= sewer e connection, w will be in a position to finally reconvey Maliseet Gardens to the Boulton Band of Maliseet Indians. 95-81 Assigned fo fuu mor Popper January 23, 1995 CITY OF BANGOR (IDLE.) @rhba Authorizing City Manager, to Execute._ easement Deed with Unitedcorp and Moulton Band of Maliseet Indains - Land on Oak Street, Bangor, Maine. By the City CoaneB of the City of Bangor. ORDERED, TWT the City Manager is hereby authorized on behalf of.the City of Bangor, to execute an Easement Deed from Dnitedcorp to the Moulton Band of Maliseet Indians, attached hereto, and incorporated herein by reference, granting a easement for overaccess - the land on Oak Street described in Volume 5584, Page 88, Penbobscot Registry of Deeds. STATEMENT OF FACT: The City of Bangor retains asionary interest in the land described in Volume 5584, Pagerever 88, Penobscot Registry of Deeds. The attached deed would grant the City's consent to conveyance of an access easement over a portion of the property concerned.. IN CITY COUNCIL 95-81 January 23, 1995 0 R D E R Passed Title,Authori. CITY RLHRR . - City Managev to Execute Easemene b;;a,"ving Oeet'Wet nia51too Bent' of Land NBlisae[ Indians......- Land .. Oak Street,....... Ha�ov, - on tlPtpq QWVe . Asdned w ......,, C .pp 1c...a�oon cii�n EASEMENT VNIxaoCORP, a Maine corporation having its principal place c£ business inBeason. County of Penobscot, State of Maine, for consideration paid, grants to BOVBiW BYN OF MwxessT xNDIANS, the M,liaeet Tribe of Indians as constitutsd on March 4, 1789, and all predecessors woo succeaa,rs, in interest, being represented by the Houlton Band Council of Maliadt Indian, having it, place of business in Boulton, County of A1118taok, State of Maine, an easement In, on, and across certain real estate situated in Bangor, County of Pevorscot ',Si State of Maine, aes¢ibea as foliose: Beginning on the Westerly a of Oak Street at "a n northeast n of a parent of lana described in a used I.. the City of Bangor to Vnitedcorp dated March 1 ¢wrdal in the Penobscot County Registry of Beede in Volume 5584, Page 88, said point of beginning elan Being the Slid Parcel of land being a parties of the parcel of land conveyed to unit d orp by the City of Bangor by dead dated March 17, 1994, recorded in the Penobscot Canary Registry of Cowie i V1Iuun 5584, Page 86. Alsobbeing a Portion It Barrel B3ae depicted o a plane Md entitled ^ taar Boundary Survey -Disposition Plan for Parcel B-11- prepared by Janes M. Greer, e . AIG9, recorded m the said Registry of Beads in Mae Pile Bl] -95. The cerement granted hereby Wall include the right to enter open the f,m,,Id ... asset location, with workers and equipment, at all r able tine rein[ repair, pew and replace a s drive red CN dry app,,tenncea thereto for the benefit adjacent land "nod W the Grantee, and the right to use any such facilities for the Purpose of ingress, agrees and access. hall rune Grantor iand aB , their respective u Ind £ assigns. C may assignitsrights hereunder as anappurtenanceto its Granted lana. In sideration of the consent to this Basement given by the City of Bangor, BN CORP hereby releases any claim, it nay haw against the City of Bangor arising from the location of Grantee's access drive on the parcel of land described in the deed recorded in Volume 5584, Page 88. Notary PW11c/Attorney at law Printed Neme: 95-81 — e IN le instrument to WITNESSas Closed ruled ozpocet' ,"e byRP CO e rated its and .. ig:woffieer, hereunto dulyauthorized, this _ Bay of 1994. BNITeocoan:.....__. nowt Witness ape. Title:: STATE BP MING Penobscot, ss. Personally ansa lly appeared the above n 1'. .- .. in paoity 11 Of UNIT and acknowledged he enregni:y inattume t Ee— free art and deed in said rapacity and one free artandmaid VNIT®COPP. .._.. Before ms, .Cary Public/Attorney at Saw Printed Naas. CONSENT City of Bangor, tb older of atet [ sionary interest in Ua locate.vier Property on wdiad the ¢.[.going is in terra of it, aeea .f 994eToU dCurp, d i 17, 1994 to uSSS4, Retm Pag, 88, here the Pst9Etot Cowry Registry in Volume 550<, Page BB. hereby o the of the easement by Indianing Band cY t the and of i¢feet Indiana and agrees Chat in pto roperty he deed shall r described the described eventane e t that City of Bangor subject ev avant euhjmt [c said a .... In exercises its cigar re-encs �d•tav¢.h In Itself title to said ProPortY. IN N the City of Bangor has caused Buie oBheNsignneed anal sealed In its carporaten a by the _.. undersigned, hereunder duly authorized, this _ day of 1994. CITY OF BANSOR [('.: ...-._. _...: _....... Vi tonse Pi � STAT. OF MINB ' Penchoccoee 1994 _— Personally appeared the above vaned in capacity ae o ' the angor, and acknowledgaed [d [ f.re� to be .tee act ane deed i ars and the free act an aeea of 4y4r said city of Bangor• Before me, Notary PW11c/Attorney at law Printed Neme: