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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 t HKIPERIY AffiIIu's TA% FWP/IOI' k 0.SID2 qt INIE2ESf F%CDE[t 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. y0 C ` \ 9 Croi a IN IN Re 12 \ t \ 8 a 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.