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HomeMy WebLinkAbout1995-03-27 95-155 ORDERCOUNCIL ACTION ,95-155 Item No. _ Date March 22, 1995 Item/Subject: Authorizing City Manager to Hxecute Municipal Quitclaim Deed with the Moulton Band ofMaliseet Indians - Land on Oak Street, Bangor, Maine. Responsible Department: Legal Commentary: This Order is self-explanatory. The Houlton Band of Maliseet Indians has fulfilled conditions placed by the City Council o a reconveyance of the Maliseet Gardens project, as recited in the Order. The Order would approve the form of a municipal Quitclaim Deed, and would require the City Manager to execute and deliver the deed to the Houlton Band of Maliseet Indians. V�"1' Department tad Associated Information: Order, Draft easement deed Finance Director City SolicltorVV Int roduped For 6160M �_ Passage First Reading Referral Page — of 95-155 Auipmd to ncio Frankel March 27, 1995 CITY OF BANGOR (nom) 0rUt Appr ng Executi f Municipal Quit l 1. aim need 11 Reconveying Maliseet Gardens Project, Tax Map 49, Lot 224, to Houlton. 11 Band of Maliseet Indians By ti. City C4w4B of ON; Cty n/B4nd4r: ORDERED. THAT wlrEREAs, by Council order 94-125 as amended, passed March 16, 1994, the City Council authorized reconveyance of the tax -acquired property known a -Maliseet Gardens", City Tax Map 49, Lot 224 as described in Volume 4142, Page 313 Penobscot Registry of Deeds, to the Houlton Band of Maliseet Indians, subject to prior payment of certain tax and other delinquent accounts then owed to the City of Bangor and correction of certain encroachments onto adjacent City -owned land and rights-of-way; and WHEREAS, all tax and other delinquent accounts referred to in Council Order 94-125 were paid in full on and prior to March 30, 1994; and WHEREAS, the Moulton Band of Maliseet Indians has resolved all encroadchment issues to the satisfaction of the City Manager, City Engineer and City Solicitor by (1) relocating an existing sewer connection line, (2) removing an underground fire alarm line, (3) relocating a storm s n connection, and (4) obtaining a easement to maintainexisting entrance way from Oak Street onto the Maliseet Gardens property; MOW, THEREFORE, By the City Council of the City of Bangor be it ORDERED, THAT the City Manager is hereby authorized and directed on behalf of the City of Bangor to execute and deliver to the Houlton Band of Maliseet Indians a Municipal - Quitclaim Deed reconveying title to the Maliseet Gardens project, in the form attached to this Order. IN CITY COUNCIL 95-155 Match 27, 1995 0 R D E R Notion to move to NewBusiness - Motion Passed Title, Approving Execution of Municipal Quitclaim Bead Under New Business Deed Resurveying Maliseet Gardens Project ..Tax Or- Passed Map 49, Lot 224, to Moulton Band of Maliseet Indians. CI U CLERK....�.././........,.�.N......�....�... Aeeiped to Councilman The CITY OF BANGOR, a municipal corporation located in Penobscot County, State of Maine, herein called "Grantor", for consideration paid, releases to the HOULTON BAND OF MALISEET INDIANS, the Maliseet Tribe of Indians as constituted on March 4, 1789, and all predecessors and successors in interest, being represented by the Houlton Said Council of Maliseet Indians, having its place of business in Houlton, Aroostook County, State of Maine, the land in Penobscot County, State of Maine, herein called `the premises", bounded and described as follows: Beginning at the intersection of the easterly right -o£ -way line of Exchange Street with the southerly right-of-way line of York Street at Coordinates North 353,013.90, East 430,125.84, Maine State Coordinate System, East Zone; thence North 710 47' 41" East along the southerly right-of-way line of York Street for a distance of 400.33 feet to a point, being the point of curvature of a curve to the right having a radius of 22.00 feet; thence along said curve for a c distance of 34.47 feet to a point, being the point of tangency to said curve of a line parallel to, and 11.00 feet west from the westerly right-of-way line of Oak Street; thence South 180 25' 31" East along said line parallel to and 11.00 feet west from the westerly line of Oak Street for a distance of 153.65 feet to a point; thence South 710 37' 28" West for a distance of one hundredseventy-five (175.00) feet; thence North 180 25' 31" West for a distance of twenty-two and eighty-four one hundredths (22.84) feet to a point; thence South 71° 37' 28" West seventy (70.00) feet to a point; thence North 180 25' 31" West twenty (20.00) feet to a point; thence South 710 37' 28" West for a distance of one hundred seventy-seven and twenty-four one hundredths (177.24) feet to the easterly right-of-way line of Exchange Street; thence North 180 25' 31" West along said easterly right-ef-way line of Exchange Street for a distance of one hundred thirty-four (134.00) feet to the intersection of the southerly right-of- way line of York Street at the point of beginning. The above-described portion of Parcel E-11 contains a total area of 65,110 square feet.. 95-155 MON CIPAL OUITCLAIM DEED ° The CITY OF BANGOR, a municipal corporation located in Penobscot County, State of Maine, herein called "Grantor", for consideration paid, releases to the HOULTON BAND OF MALISEET INDIANS, the Maliseet Tribe of Indians as constituted on March 4, 1789, and all predecessors and successors in interest, being represented by the Houlton Said Council of Maliseet Indians, having its place of business in Houlton, Aroostook County, State of Maine, the land in Penobscot County, State of Maine, herein called `the premises", bounded and described as follows: Beginning at the intersection of the easterly right -o£ -way line of Exchange Street with the southerly right-of-way line of York Street at Coordinates North 353,013.90, East 430,125.84, Maine State Coordinate System, East Zone; thence North 710 47' 41" East along the southerly right-of-way line of York Street for a distance of 400.33 feet to a point, being the point of curvature of a curve to the right having a radius of 22.00 feet; thence along said curve for a c distance of 34.47 feet to a point, being the point of tangency to said curve of a line parallel to, and 11.00 feet west from the westerly right-of-way line of Oak Street; thence South 180 25' 31" East along said line parallel to and 11.00 feet west from the westerly line of Oak Street for a distance of 153.65 feet to a point; thence South 710 37' 28" West for a distance of one hundredseventy-five (175.00) feet; thence North 180 25' 31" West for a distance of twenty-two and eighty-four one hundredths (22.84) feet to a point; thence South 71° 37' 28" West seventy (70.00) feet to a point; thence North 180 25' 31" West twenty (20.00) feet to a point; thence South 710 37' 28" West for a distance of one hundred seventy-seven and twenty-four one hundredths (177.24) feet to the easterly right-of-way line of Exchange Street; thence North 180 25' 31" West along said easterly right-ef-way line of Exchange Street for a distance of one hundred thirty-four (134.00) feet to the intersection of the southerly right-of- way line of York Street at the point of beginning. The above-described portion of Parcel E-11 contains a total area of 65,110 square feet.. 95-155 Meaning and intending to convey all and the same premises previously conveyed by the Grantor to said Houlton Band of Maliseet Indians by Municipal Quitclaim Deed dated November 18, 1989 and recorded in Rook 4142, Page 313, Penobscot Registry of Deeds, to which deed reference may be had for a further source of title. Being the same premises acquired by the City of Bangor Collector of Taxes on December 28, 1993, by virtue of the statutory foreclosure of a municipal tax lien certificate duly recorded in Book 5101, Page 68, Penobscot Registry of Deeds. The purpose of this deed is to release to said Houlton Rand of Maliseet Indians all of the Grantor's right, title and interest in and to the above-described premises arising by virtue of unpaid property taxes assessed by the City of Bangor against the above- described premises for municipal tax years 1992, 1993, and 1994, said taxes having been paid in full. Reference is made to municipal Tax Lien Certificates previously recorded in Book 5101, Page 68 and Book 5343, Page 353, Penobscot Registry of Deeds, which are hereby discharged. This deed is given subject to all easements of record or Other interests of the City of Bangor in the described premises for roads, sewers, or other public purposes, which are hereby expressly reserved. This conveyance is made upon the following express conditions, covenants and restrictions, for breach of which by the Grantee or its successors or assigns, the Grantor may enter and revest in itself title to the premises described herein as if this deed had never been given, or exercise any other remedies 95-155 -3- hereinafter set forth or otherwise available. The conditions, covenants, and restrictions provided herein shall run with the land shall be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the Grantor and any successor in interest, in perpetuity unless a shorter time period is specifically provided for herein. 1. Ilse Restriction. The premises or any part thereof, and any improvements which may be or may become located thereon shall be used, constructed, developed occupied and maintained i accordancewith the laws, ordinances, or regulations of the State ate of Maine and the City of Bangor, as the same may now or hereafter be in effect. In the event that both the state and the city have laws governing the same subject matter, the more restrictive shall control. 2. DiscriMinati The Grantee, and its successors ssors and signs, shall not discriminatec upon the basis of race, color, reed, national originsex, or physical handicap in the sale, lease, rental, or use or occupancy of the premises, or any part thereof, or any improvement thereon. Besides being for the benefit of and enforceable by the City as provided above, this covenant shall also be for the benefit of and enforceable by the United States of America. 3. Prooerty Taxes. The premises or any part thereof shall be subject to all taxes and assessments as may be imposed by any governmental authority upon the premises and any buildings, structures, or improvements which may be or may become located thereon. The Grantee hereby agrees that it waives, for itself and any successors in interest, all right or privilege of exemption from municipal taxation of the premises and any buildings, structures, or improvements which may be or may become located thereon, as may otherwise be available by reason of Grantee's or such successors' legal status, or for any other reason, and that the Grantor City of Bangor, in its capacity as a taxing authority, may assess all taxes as would otherwise be applicable to the premises and any buildings, structures, or improvements which may be or may become located thereon, as if such exemption did not exist. Grantee further covenants, for itself and any successors in interest, to pay any taxes and assessments in accordance with all applicable laws. Grantee and any successors in interest shall have the right to contest the amount of such taxes or assessments in the manner prescribed by law. 95-155 4. g,bdjvjsiqU Restriction. The premises shall not be subdivided without the City of Bangor's express written consent. Neither development of the premises by separate development entities nor development of the premises as a condominium pursuant to the Maine Condominium Act, 33 M.R.S.A. 5 1601-101 at seq., shall alone constitute a subdivision for purposes of this restriction. Leasing of portions of the premises by the Grantee herein to any other party shall not alone constitute a subdivision for the purposes of this restriction. This deed shall further operate as the ^Certificate of Completion-- referred to in paragraph 9 of the deed from the City of Bangor previously recorded in Book 4142, Page 313, Penobscot Registry of Deeds. By granting this deed, the City of Bangor acknowledges completion of all improvements required to be made under the parties' option Agreement dated April 1, 1987, referred to in paragraph 5 of the deed previously recorded in Book 4142, Page 313, Penobscot Registry of Deeds. The City of Bangor, as Grantor, hereby releases said Boulton Band of Maliseet Indians from the conditions, covenants and restrictions contained in Paragraphs Z, 6, 9 and 8 of the deed previously recorded in Book 4142, Page 313. By granting this deed, Grantor further acknowledges satisfaction of all conditions precedent to re -conveyance of the above-described premises as set out in Bangor City Council Order 94-125, as amended, passed March 16, 1994. The CITY OF BANGOR has caused this instrument to be signed in its corporate name by EDWARD A. BARRETT, its City Manager, thereunto duly authorized this day of 1995. -F - CITY OF BANGOR (By) Witness Edward A. Barrett City Manager STATE OF MAINE PENOBSCOT, as. 1995 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 cooperate. Before me, Notary Public/Attorney-at-Law Printed Name (