HomeMy WebLinkAbout1995-04-10 95-159 ORDERCOUNCIL ACTION
Item No. 95-159
Date Anr'I 10 1995
Item/Subject: Amending Bangor City Council Order 95-136
(Authorizing City Manager to Take Possession of Freese's Building)
Responsible Department: ,Legal
This Council. Order will correct two errors in deed references to
City of Bangor tax liens referred to in Council Order 95-136 passed
March 27, 1995. The two corrections are
shown by strikeeaes and
1
underlin a in the attached Order. An additional date correction
has been made in the final paragraph of the Order.
Associated Information: Order
Department HOOOOe//a����d'"���`
Finance Director
Legal Approval:
I
City Solicitor
Introduced For CONSENT AGENDA
x Passage
First Reading
Referral Page I of 3
95-159
A®ip,ed to COumaa Tyler April 10, 1995
;.r CITY OF BANGOR
(TITLE.) Mrber, Amend in9
Bangor, _City Council O dex 95 136 (A thorizing
City Manager to Take Possession. of Freese's Building)
By w City County of Ow Cq'Na w.r.
ORDERED.
TUz
Bangor City Council Order 95-136 passed March 27, 1995
s hereby
amended to read in its entirety as follows:
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 tax liens affecting
said property, said tax liens being reorded in Rook
5343, Page 248 242 and Book 5343, Page 250 249,
Penobscot Registry of Deeds, respectively; and
WHEREAS,
Charles Fitzgerald, as previous ownerof the building,
has asked the City Council to allowa late redemption of
the property and has tendered payment of $62,056.72 i
satisfaction of all delinquent and current taxes, lien
chargee, interest and other charges 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 anent decree
entered in Maine District Three District Court docket
. 90 -LU -013 on October 10, 1990, and an order
subsequently entered on December 26, 1991 in docket no.
90 -LU -013; and
wRERRAB,
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
95-159
WHEREAS, the Freese's building has been identified as being in
need of rehabilitation and redevelopment in furtherance
of the City of Bangor's "Community Development Downtown
Revitalization Program" adopted in Council Order 52-239
on September 27, 1982; and
WHEREAS, 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
ORDERED, 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 persons;; 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,
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 the Freese's
building;
and be it further,
ORDERED, THAT an attested copy of this Order shall be recorded at
the Penobscot County Registry of Deeds on or after
Mareh-97 Anril 3. 1995 as evidence of the City of
Bangor entry into possession of "Parcel One" a
described in Book 3669, Page 1, in said registry$
IN CITY COUNCIL
April 10, 1995 - 95-159
EAEV4 URDER
CL CLERK Title, Amending Bangor City Coms11 Order 95-136
-(Barbarizing City Manager to Take Possession of
F.aeeesa. Ba1.1dip61..................
.............................. �.......
C (ate
Ae®gned to ,
cnweiimnn