HomeMy WebLinkAbout1995-05-22 95-230 ORDERCOUNCIL ACTION
Item No. 95-230
Date May 22 1995
Item/Subject: Authorizing City Manager to Fxecute a Release Deed
to Maine Department of Transportation -- Bullseye Bridge Project
Responsible Department: Legal
The attached Order would authorize a release of the City's interest
in certain property located on either side of the Bullseye Bridge.
A detailed explanation of the circumstances giving rise to this
recent settlement between the City of Bangor and State of Maine
Departmentof Transportation is contained in the attached memo.
The Finance Committee approved this settlement at its meeting o
May 15, 1995. This Order would authorize the City Manager to
execute the release deed.
Associated Information: order, Deed, Memo
Budget Approval:
Finance Director
City Solicitor
Introduced For
a� Passage -
First Reading
Referral Page 1 of 7
Department
Read
Manager's
Comments:
Associated Information: order, Deed, Memo
Budget Approval:
Finance Director
City Solicitor
Introduced For
a� Passage -
First Reading
Referral Page 1 of 7
95-230
Anipned is CuunNor Frankel may 22, 1995
CITY OF BANGOR
Authorizing City Manager to Execute a Release
amer_ .(Drbtr,_
--- ...
Deed to Maine Department of Transportation -- Bullseye Bridge'
Project
By Ma Cite Caums! NW CRY of Ba ser.
ORDRRRD,
THAT the City,Manager is authorized to execute and
deliver to the State of Maine Department of Transportation, a
Release Deed, in a form substantially similar to the deed attached
-hereto, releasing any right, title and interest of the City of
Bangor in property located on either aide of the Bullseye Bridge
and described in said deed.
IN CITY COUNCIL
May 22 1995
Pas d
CI CLERK
95-230
DR DER
Title, Authorizing City Manager to Execute a Release
Deed to Maine Department of Transportation - Bullaeye
Bridge Project.
......... ........................... nn
cl�
Assigned to
... �. �l=✓'1. ...
Councilmen
95-230
The CITY OF BANGOR, a municipal corporation organized and
existing under and by virtue of the laws of the State of Maine and
located in Penobscot County, Maine, as Grantor, releases to the
STATE OF MAINE, DEPARTMENT OF TRANSPORTATION, as Grantee, the land
in Bangor, Penobscot County, Maine, described as follows:
Parcel number 5-2, consisting of a total of
0.27 acres of stream bed and adjacent uplands,
lying on either side of the "Bullseye Bridge",
so-called, where said bridge carries the
Strickland Road (formerly Griffin Road) across
Kenduskeag Stream in said Bangor, as depicted
n sheet number 2 of 2 of a right-of-way plan
titled "Bullseye Bridge Over Renduakeag River"
Federal Aid Project No. BR -1537117, dated
July, 1989, the original of said plan being on
file in the offices of the Chief Engineer,
Maine Department of Transportation, in D.O.T.
file number 10-332.
The purpose of this deed.is to release any right, title and
interest in the above-described parcel that the City of Bangor may
have acquired by virtue of a deed from Francis K. Meaney to the
City of Bangor dated November 3, 1977 and recorded in Book 2842,
Page 181, Penobscot Registry of Deeds.
EXCEPTING AND RESERVING fromtheabove-described parcel all
public sewer easements and sewer linea owned or held by the City of
Bangor, to the extent the same have not been previously acquired by
the Grantee. -
The said CIT$ OF BANGOR has caused this instrument to be
Baled with its corporate seal, and signed in its corporate name by
EDWARD A. BARRETT, City Manager, thereunto duly authorized, this
day of May, 1995.
Signed, Sealed and Delivered
In the Presence of CITY OF BANGOR
BY
Eddard A. Barrett
City Manager
95-230
STATE OF MAINE
PENOBSCOT, as. May � 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 corporate.
Before me,
Notary Public/Attorney-at-Law
Printed name.
95-D0
May 11, 1995
T0: Finance Committee
FROM: Erik M. Stumpfel, City Solicitor
RB: Claim Settlement MDOT Bulleeye Bridge Takings
In 1990-91, the Maine Department of Transportation
completed a bridge project in Bangor, replacing the "Bulleeye"
bridge over Kenduakeag Stream on the Strickland Road. As part of
that project, MDOT condemned and acquired additional land adjacent
to Strickland Road at both ands of the new bridge, plus portions of
the Kenduakeag Stream bed underlying the new bridge. At the time,
the City of Bangor received $200 for MDOT's acquisition of 175
Square feet of land owned by the City, plus a drainage easement.
An unresolved issue was title to the stream bed underlying
the new bridge. Getchell Brothers, Inc. at one time owned most of
the adjacent land and stream bed from the former Hatch Mill dam
located 600' downstream from Strickland Road to a point some
distance north of Bullseye bridge. Getchell Brothers later
conveyed most of its land northerly of the Hatch Mill dam to
various parties, in each instance conveying title to the high water
mark rather than to the center thread of the stream. Getchell
Brothers retained title to two lots oneither side of the Hatch
Mill dam until 1957, when it conveyed to S.A. Maxfield, Inc. The
deed to S.A. Maxfield conveyed the two lots concerned, plus "all
water rights andmillprivileges in connection with said dam."
However, title to the stream bed northerly of the two Hatch Mill
dam parcels was not expressly conveyed, even though the stream bed
was within the flowage area of the Hatch Mills dam.
In 1977, the City of Bangor acquired title to the Hatch
Mill dam parcels and other former Getchell Brothers, Inc. land from
Francis X. Meaney, successor in title to S.A. Maxfield, Inc. The
deed to the City against conveys "all water rights and mill
privileges in connection with said dam," but does not expressly
convey the upstream stream bed. Getchell Brothers, Inc. was never
assessed or taxed by the City of Bangor for the upstream stream bed
as a separate parcel. when contacted by Bob Miller in 1990,
Getchell Brothers had no knowledge of any ownership interest in the
stream bed below the Bulleeye bridge.
Despite this history, MDOT, in 1991, took the position that
Getchell Brothers, Inc. owned the stream bed, and awarded Getchell
Brothers, Inc. $400.00 as damages for the State's taking. The City
contested this award, based on the language of the 1977 and prior
95-230
SETTI.ph6NT AGREEMENT
parcel No.
T wa
c'Uaty ?o1 of v a tx�
i' pr ject No.~' fJ `g R x l Si`2p ?w`fJa
PHe N
o.
This agreement Is mado this l l"t' day aE Ma -1 1996 -between
and the Maine -Department of -
ji
Tommpertatmn relating to a certaux parcel of hand as captioned above.
WITNESSETH
met, In'c naidersten of the ';val ble sbisAtkm as noted below as full
.payment for -the '.real,estate and fci aR damages ,accused by the ;construction of a
ibighwayacreas cold real estate so desuribed above, 'I/We_as wen as my/oor heir ;
exsoutor,'and assigns release and -discharge, the Items Department of Transportation
from -an claims, demands, or causes a action that t/We have ormayhave arising
from a taking of rights and highway construction,"on Project No.'4s,-i53T(s) .
;.The amount of $ ncD on was paid to the landoemor at condemnation.
- Baadowner agrees to accept an additional $ Smc .irtl -iu fWl settlement of damages -
,:'on,the,alcove designated project for_"a fatal settlement of $ gso.W -
`This agreementIs subject to the approval and acceptance by the Commissioner
of the lidee Department of Tranapartat5ov. -.
WITNESSED BYy SIG�NED.pBY/yyJ Ci)7 Sa(kil✓f
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