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 (