HomeMy WebLinkAbout1995-06-26 95-296 RESOLVECOUNCIL ACTION
Item No. 95-296
Date June 26, 1995
Item/Subject: Resolution of Condemnation for Properties Located at
17 Patten Street, 22 Patten Street, 373 Main Street, and 379-383
Main Street.
Responsible Department: Legal
The attached Resolution of Condemnation would initiate the
statutory process under 30-A MRSA S 5204 for condemnation of four
properties listed in the Resolution. Following adoption and
service of the attached Resolution of Condemnation, the item would
be brought back to the City Council for final approval in
accordance with S 5204(1).
/r . u
Department Head
City Manager
Associated Information:
Resolve,
Sketch,
and
Statute
Budget Approval:
Legal Approval:
Finance. Director
91 City Sol'cito
Passage Pea 60SfMSj
First Reading
Referral Page of
Assigned to Councilor Popper dune 26, 1995 95-296
CITY OF BANGOR
(TITLE) pSQIUE,Resolution of Condemnation for Properties Located
.. .......... _. __ __.... __._.
at 17 Patten Street, 22 Patten Street, 373 Main Street,
and 379-383 Main Street.
BY Me aty Council oftAe City of Summer.
R LVED,
WHEREAS, Title 30-A MRSA 3 5203(3) authorizes Maine
municipalities to acquire real estate located i
designated slum or blighted areas, for purposes of
demolition and removal, rehabilitation and repair, or
redevelopment, pursuant to duly adopted Community
Development programs of the municipality concerned, by
purchase or eminent domain;
WHEREAS,
by Council Order 95-72 approved January 9, 1995, the
City Council authorized negotiation of purchase options
n five properties located in the City of Bangor as
further described in that Order; and
wHSRSAS,
subsequent negotiations have failed to produce agreement
on the terms of purchase with respect to four of the
properties described in Council Order 95-72; and
WHEREAS,
acquisition of the four properties concerned is pursuant
to and in furtherance of the CommunityDevelopment
Program -Redevelopment Plan for the Third -Main
Neighborhood Conservation Project duly adopted and
approved by the Bangor City Council on June 27, 1977, by
Council Order 261AE, a ended and revised on May 8,
1995 by Council Order 95-210; and
WHEREAS,
the City Council of the City of Bangor, as municipal
officers pursuant to 30-A MRSA S 5204(1), has determined
the amount of just compensation to be awarded for the
City's acquisition of each of the four properties
concerned, as hereinafter set forth; and
wumm,
this Resolution of Condemnation is adopted by the City
Council of the City of Bangor, acting as municipal
officers pursuant to 30-A MRSA 9 5204(1).
IN CITY MUNCIL
June 26, 1995
Nation for Passage - Popper
Ren Gibb, Director of Community
Development, spoke on the Subject
of this Resolve. Ted Sherwood a
representative from Somber Real
Estate, appraiser for these
properties, explained the cent
appraisal. Clifford Goodall, arty
for Perry's Restaurant, maintained
that Perry's primary objective is to
main at their present location.
Notim Passed
CITY CL=
95-296
R E S 0 L Y E
Resolutim of Condeaiatim for Properties
Located at 17 Pattai Street, 22 Patten
Street. 373 Main Street and 379-383 Main
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HKIPERIY AffiIIu's
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IN1HiESf ACV=
OY4PEBS mw
At41Ef
17 Patten Street
IRp 35, Int 131
Ieniel R. guts
fYe title pex
$31,000.00^
Haxgs, Maine
Te le Terrace, Florida
W1. 4917, Page 286
N+D
Pem, les F&xi.[age Savage
Mortgage Enlder par
$
1.00
BazYc, Bazgx, h9ine
Vol. 4941, Page 162
FSRf!
" ^ ^ Ms state Hoaxing mot[ colder per $ 1.00
Au Ity, Augusta, Mune Vol. 4917, Page 287
WtD AeVl . 5053,
to
P4 in Vol. 5
Page 271
P'FO
22 Patten Street Mep 25, Int 168 M 1 E. Bradbuy tree-[hixd urciividai $ 9,666.67
Baegor, Maine Sollis Ca¢es, Maine irnerest per
Vol. 3603, Page 244
FCRO
W. Pradxy $ 9,666.61
C/o Milton E. Bradt lntexeet per
kbllie Center, M+,� Vol. 3603, Page 244
FCRO
^ " " Weirs of Patricia Mcenig tree -third paiivided $ 9,666.67
a/k/a Patricia A. � intereet per
C/o M 1 E. Bradd 401. 3603, Page 244
Bullis meter, w;..o PCRD
PCIm = t O y R3istry of LYxda
SQ3FOOLE "A" (ca¢'d)
of � J�ligsn Vol. 3046, Page 100
PM
Heirs of Joseph B. Perry, 60% issdivided $92,000.00+
Sr. c% Jazqueline A. interest per Will
Rawcliffe, P al of Martlu C. per
Fepxeaentative Vol. 3096, Page 100
}men, pa:w PM
^ " " Fleet Bank of Massie HA as
successor Sn intense: w
FY ill 'Rost Cagy
379-383 Main Street Map 25, I 165 Ralph W. B , Jr.
Eans , Maine and Myrtle M. Braes
joint tenants
= - Pentl'amt C my Registry of Deals
• 1M a ammts are Mihject to acxtgage Folder claims.
Vol. 3975,PPage 276 $ 1.00
FL'm
Fee title per $39,500.00
Va. 2109, Page 265
P'RO
95-296
EXHIBIT 1
Property Description - 17 Patten Street
Bangor, Maine
The land in Bangor, Penobscot County, State of Maine, together
with all buildings located thereon, more particularly described as
follows:
Beginning on the northeasterly line of Patten
street in the dividing line of lots numbered
thirty-three and thirty-four on a plan drawn by
Fred H. Coombe of land between Walter and Parker
Streets, dated May 27th, 1871; thence
northwesterly insaid line of Patten Street
forty-five (45) feet to stake and stones; thence
northeasterly in a line parallel with said
dividing line one hundred five (105) feet to lot
no. 32; thence southeasterly by said lot no. 32,
forty-five (45) feet to lot no. 34; thence
southwesterly in said dividing line between lots
33 and 34 one hundred five (105) feet to place of
beginning on Patten Street. Being lot numbered
thirty-three as laid down on plan aforesaid.
Being the same premises conveyed to Daniel R.
Davie by Viola Susal by deed dated September 30,
1991, recorded in Penobscot County Registry of
Deeds in Volume 4917, Page 286.
Plus all other rights, easements, privileges and
appurtenances belonging to said land.
95-296
EXHIBIT 2
Property Description - 22 Patten Street
Bangor, Maine
The land in Bangor, Penobscot County, State of Maine,
together with all buildings located thereon, more particularly
described as follows;
Beginning on the southerly aide of Patten Street
at the northeast corner of the lot of land sold by
George H. Hamlin to Benjamin F. Carter, at al, by
deed recorded in Penobscot Registry of Deeds i
Vol. 722, Page 38; thence running southwesterly an
said Carter line sixty-four (64) feet; thence
running northwesterly parallel to Patten Street
sixty-five and one-half (65 1/2) feet to a stake
n the northerly line of land now or formerly
owned by Sophronia or Charles H. Hathaway; thence
running northeasterly onsaid Hathaway's line
sixty-four (64) feet toastone monument an aid
southerly line of Patten Street; thence running
southeasterly onsaid line of Patten Street
sixty-five (65) feet to the point of beginning.
Said premises are subject to an agreement with the
City of Bangor regarding sewer rights duly filed
in the Office of the Citv Clerk.
Being the same premises described in a deed of
distribution from Forrest W. Bradbury, personal
representative of the estate of William H.
Bradbury, to said Forrest W. Bradbury, Milton B.
Bradley and Patricia A. Dobson as devisees of
William H. Bradbury, said deed dated November 13,
1984 and recorded in Book 3603, Page 244,
Penobscot Registry of Deeds.
95-296
EXHIBIT 3
Property Description - 373 Main Street
Bangor, Maine
The land in Bangor, Penobscot County, State of Maine,
together with all buildings located thereon, more particularly
described as follows:
Beginning at a point in the northwesterly line of
Main Street which marks the intersection of said
line of Main Street with the line drawn through
the center of the partition wall of the premises
numbered 371 and 373 Main Street respectively;
thence in a northwesterly direction by and along
said center line seventy-three (73) feet, more
or
less, to the generally southerly line of land
conveyed by Peter LaFlamme to Francis R. Golden et
al, dated November 22, 1946 and recorded in the
Penobscot Registry of Deeds, Vol. 1253, Page 365;
thence southwesterly by and along the line of said
Golden land and the extension thereof, twenty-six
(26) feet, more or less, to the northeasterly line
of Patten Street; thence southeasterly by and
along said line of Patten Street seventy-three
(73) feet, more or lees, to the intersection of
said line of Patten Street with said Main Street;
thence northeasterly by and along said Main Street
twenty-six (26) feet, more r less, to the point
of beginning. Meaning and intending hereby to
describe the premises situate at, numbered and
known as 373 Main Street in said Bangor.
The described premises are subject to a right of
way over the driveway situated in the rear of the
above-mentioned premises and extending in a
northeasterly direction from Patten Street,
granted by Charles Perry Enterprises, Inc, to
Joseph A. LaFlamme by deed dated July 21, 1960 and
recorded in said Registry, Vol. 1738, Page 79,
hereby referred to for a further and more
particular description.
Being the same premises conveyed by Charles Perry
Enterprises, Inc. to Charles B. Perry and Martha
C. Perry by warranty deed dated February 21, 1968
and recorded in Book 2126, Page 351, Penobscot
Registry of Deeds.
95-296
EXHIBIT 4
Property Description - 379-383 Main Street
Bangor, Maine
The land in Bangor, Penobscot County, State of Maine, together
with all buildings located thereon, more particularly described as
follows:
A certain lot or parcel of land with all buildings
and improvements thereon located in said Bangor,
n the generally northwesterly side of Main Street
and the generally southwesterly side of Patten
Street, and measuring easterly by Main Street
sixty-five feet, more or less; northerly by Patten
Street eighty-three feet, more or less; southerly
by land formerly of Felix Quinn; westerly by land
formerly of George I. Brown.
Containing 5,395 square feet, more or leas.
Being the same premises conveyed by David Braidy
to Ralph W. Brown, Jr. and Myrtle M. Brown by
warranty deed dated May 17, 1967 and recorded i
Book 2401, Page 265, Penobscot Registry of Deeds.
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95-296
NOW, THEREFORE, By the City Council of the City of Bangor be it
RESOLVED AS FOLLOWS:
(1) The following properties, as further described in
exhibits 1-4 attached, including all buildings and other
improvements thereon, are hereby condemned and acquired
n fee simple by the City of Bangor pursuant to 30-A
IMSA 5 5204 and the City of Bangor's duly -adopted
Community Development Program -Redevelopment Plan for the
Third -Main Neighborhood Conservation Project, as
amended:
See Schedule "A" attached
(2) Damages in the amounts stated in Schedule "A" are
hereby awarded to the persons named in Schedule "A" in
the amounts indicated, as just compensation for all
interests in the properties to be acquired pursuant to
this Order; and
(3) The City Solicitor is hereby directed to effect
service of this Resolution of Condemnation on all
persona named in Schedule "A", and to take all other
actions that may be required under 30-A MRSA 5 5204(1),
upon completion of which this Resolution of Condemnation
shall be submitted to the City Council, acting as the
Legislative body of the City of Bangor, for final
approval.