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HomeMy WebLinkAbout1995-03-15 95-136 ORDERCOUNCIL ACTION Item No. 95-136 Date March 15, 1995 Item/Subject: Authorizing City Manager to Take Possession of Freese's Building (City Tax Map 42, Lot 146) Responsible Department: This Order would direct the City Manager to take possession of the Freese's building located at ]a Main Street. The City acquired tax title to the building on December 8, 1994, upon statutory fore- closure of two FY 1993 tax liens. Although Charles Fitzgerald, the former owner of the building, tendered payment of delinquent taxes, lien charges and interest on January 27, 1995, discussions with Mr. Fitzgerald and others since that date have not produced an agreement sufficient to resolve other City concerns, i.e. uncorrected Facade Ordinance violations, building and life safety code violations, and eventual redevelopment of the property. This Order is offered as an alternative to C.O. 95-109, appearing on the Council's 3/15/95 agenda under Unfinished Business. �i.�o'/' Department H Manager's Comments: / C\�\ r y City Manager Associated Infoxmation:65 Finance Director SA-0ft amu, City Solicitor ntYOd d For Passage First Reading Referral Page I_ of 3 95-136 Auipmd to f mNor Tyler March 15, 1995 CITY OF BANGOR m__b�v Auth zing City M no to Take Poeeseal on of 1. Freese's Building (City Tax Map 42, Lot 146) BY the City Courwil of Ow Cay of Boater: ORDERED, THAT WHEREAS, the City of Bangor acquired title to the Freese's building, so-called, located at 74 Main Street in the City of Bangor (Tax Map 42, Lot 146,. further described as "Parcel One" in Book 3669, Page 1, Penobscot Registry of Deeds) on December 8, 1994, by reason of the statutory foreclosure of two FY 1993 taxliensaffecting said property, said tax liens being recorded in Book 5343, Page 248 and Book 5343, Page 250,, Penobscot Registry of Deeds, respectively; and WHEREAS, Charles Fitzgerald, as previous owner of the building,' has asked the City Council to allow a late redemption of the property and has tendered payment of $62,056.72 in satisfaction of all delinquent and current taxes, lien charges, interest and other chargee owed to the City of Bangor as of January 27, 1995 on account of the Freese's building; and WHEREAS, the Freese's building contains a number of uncorrected code violations, including twelve violations required to have been corrected by Mr. Fitzgerald on or before August 29, 1992 under provisions of a consent decree entered in Maine District Three District Court docket no. 90 -LU -013 on October 10, 1990, and an order subsequently entered on December 26, 1991 in docket no. 90 -LU -013; and WHEREAS, the Freese's building is the subject of a pending foreclosure action by a private mortgage holder, Bruce Slovin, in Penobscot Superior Court docket no. CV -94-520; and 95-136 WEEREAS, the Freese's building has been identified as being i need of rehabilitation and redevelopment in furtherance of the City of Bangor's "Community Development Downtown Revitalization Program" adopted in Council Order 82-239 on September 27, 1982; and WEEREAB, private negotiations between Mr. Fitzgerald and private parties interested in redeveloping the Freese's building have failed to produce an agreement that will result in correction of existing code violations and rehabilitation of the Freese's building in accordance with Council Order 82-239; NOW, THEREFORE, By the City Council of the City of Bangor be it ORDERBO, THAT the City Manager is directed to take possession of the Freese's building effective April 3, 1995, and thereafter to take all necessary steps to secure the property against entry by unauthorized persona and THAT the City Manager is directed to present a plan for short-term management of the property to the Bangor City Council at the Council's next regular meeting. and be it further, ¢g ORDERED, THAT the City Solicitor is hereby authorized to initiate such legal proceedings as he shall deem necessary to confirm the City of Bangor's title to theFreese's building; and be it further, ORDERED, THAT an attested copy of this Order shall be recorded at the Penobscot County Registry of needs on or after March 9, 1995 as evidence of the City of Bangor's entry into possession of "Parcel One" as described in Book 3669, Page 1, in said registry. IN CITY COUNCIL 95-136 March 15, 1995 0 R p E R Motion to Move After Order #109 OrdervTabled Title, 2;C NexCtMeCei Authorizing City Mean at to Take Possession I LBRK oty TaxMp42, Lot 146) IN CITY COUNCIL ......•...•................... ......• Merck 27, 1995,," �/-' Passed F/M^Ll_ Assigned to CITY CLERK T ..... i .. ......uncilsan Councilman