HomeMy WebLinkAbout1995-06-26 95-297 ORDERC
nal Action
Date June 26, 1995 Item No. 95-297
Directing the City Manager to take action relative to a
Item/Subject: property located at 51 Seventh Street
Responsible Department Code Enforcement Division
Commentary:
The structure located at 51 Seventh Street has been declared
unfit for human habitation. The C.C. Graham Trust transferred title, through
a quitclaim deed to Ben Fairbrother on the day before the 1993 tax liens
matured. it is the opinion of staff this building is beyond rehabilitation.
Located an a substandard lot, interest has been expressed by one abutter who
desires to rase the structure and add the lot to his. This individual would
like to eventually add a driveway and garage. This matte[ is complicated by
Mr. Fairbrother's position that the quitclaim deed resolved all i of
back taxes, placarding and past -due utility bilis. Mr. Fairbrother has been
cited, and enjoined by the Court for operating an illegal junkyard/salvage
operation an the property. This matter i still not resolved to the
satisfaction of the neighbors or the City. The Trust alsoleft a $43.000
grtgage. unpaid to Fleet. The redemption period has expired on the tax liens
and Fleet is believed to be pursuing payment of the note through the Courts.
A detailed packet of information outlining the City's involvement is
attached. Mn. Quartararo's letter to the Attorney for the Trust is an
excellent summation.
Fire at this structure, because of its proximity to nearby houses, as a
cult of Mr. Fairbrother`s actions or the actions of others, has the
potential to damage or destroy three other homes.
n.pmmmt xae
Manager's Comments:
'i'na (grrtnnu.�wrr) pecan-e�nu. Cb.,u�[i.. 7)u
1a„R,tg.F��,A�d1w.,a,ap�,e.w:EPlaa 'm �7te/�,
Ciry Mawgn
Associated! Information:
Budget Approval:
Fina ee ffieetor
Legal Approval: I `
airy 5oti ta.
Introduced For
Q Passage
Firm Heading Page—of _
❑ Referral
95-29]
Ameaud to fmmlor Woodcock June 26, 1995
CITY OF BANGOR
mnu (DTDBTr, Directing the city Manager to take action relative.
op _rty locat d at .51—Se. vent.h Street (Map 23 Lot ]1)
By the cup( of 04 CtY ofBaapor.
OBD68BDr
THAT WHEREAS, the structure located at 51 Seventh
Street has been declared unfit for human a and habitation by
the Code Enforcement officer of the City of Bangor; and
WHEREAS, the owners, the G.G. Graham Trust and
its successors in title Mr. Benjamin Fairbrother, have
continued to allow the property to continue to deteriorate and
violate the Land Development Cede relative to the creation and
maintenance of an illegal junkyard/salvage operation on the
premises; and,
WHEREAS, tax liens levied by the City of Bangor
have matured
IT IS HEREBY ORDERED that the City Manager take
.possession of the property and all structures upon it and
dispose of it inmanner which protects the health and welfare
of the citizens of the City of Bangor,
IN CITY COUNCIL
95-297
June 36, 1995
O R D E R
Notion for Passage - Woodcock
Dan Wellington, Code Bafovicement
Title, Mrectirg the City Ma SSNal to take
Officer, described the current
a!
actla!relative M a property located at
condition of this property.
51 Seventh Street (M9p 23, Int ]1).
Benjamin Pairbrotber, current
.............. I.......................
occupant of 51 Seventh Street,
explained improvements to
property. Becky Pappas-Jones anes To
"' i� •�•js
A Thomas Parlay, Adjacent
property weer expressed
��,�a,(Q/
prop about the of
AwignM to
thecon
Seventh S
[M1e property at 51 Seventh Street.
.............
Councilman
Ws
95-29J
.F ,
MAINEMaeda. W10E 04101
CODE INFO RCEMENT & FIRE PROTECTION ietmrmeuoo
Gants M. WdIngdn
Code Enforcement Officer
January 17, 1995
Mr. Julio De3anctis
DOWNEAST LAW ASSOCIATES
River Road
Orrington, ME 04474
Re: 51 Seventh Street, Bangor (formerly occupied by Ben Fairbrother)
Dear Mr. Desanctis,
I, and several other City employees, have met with Mr.
Fairbrother over
a.period of months with regard to the home he leased
from the G.G.Graham Trust at 51 Seventh Street in Bangor.
At each meeting I've had with Ben, he has indicated you were his
attorney. At our last meeting, on January 11, I offered to put
together a list of the various individuals involved in this property
and their voles. Mr. Fairbrother agreed to this and further agreed
the information be sent to you as his attorney.
1. grant ownership.
Gerald Graham, Trustee
G.G. Graham Trust
P.O. Box 774
Lakeland, FL 33802
Phone (813) 853-1607
2. Max liens and nrsn43.4 peRer bills
Mike.Robinson
City of Bangor Treasurer's Office
73 Marlow Street
Bangor, ME 04401
945-4400, ext. 112
3. Mort agee status inforlll@-Ugp
Glen Poster
Fleet Bank
Fleet Center - Exchange Street
Bangor, 15E 04401
941-6000
4. PiUoaj&ygn of .tax_ acquired pees
John Quartarara, Finance Director
or
Erik Stumpfel, City Attorney
city Hall
73 Marlow street
Bangor, ME 04401
945-4400
5. code y1p.I.atfonsLFlaCardi �t
Dan Wellington, Code Enforcement Officer
Code Enforcement Department
City Hell
Bangor, ME 04401
945-4400, ext. 124
6. llDpald Half ULU
Jan Robinson
Bangor Water District
614 State Street
Bangor, HE 04401
947-4516
y. Attorney for the G.G. Graham Trust (may not be current)
Mr. Thatcher Adams
26 Columbia Street
Bangor, ME 04401
947-D534
Also, attached is a copy of the lease agreement Mr. Fairbrether
shared with me to help explain his interest in the property. I, or
any other City Staff listed above, will be happy to answer any
questions you might have.
To briefly sumnarire the status of the property with respect to
this office, the structure was declared unfit for human habitation
this fall. At that time thebuilding, in addition to being badly
dilapidated, had no electrical service, no running water and the
heating plant was inoperable.
Again, I'll be most happy to speak with you in greater detail at
your convenience regarding your clients former residence.
Sincerely yours,
i .i
Dan Wellington
Code Enforcement officer
cc. Mike Robinson
John Quartarara
Erik Stumpfel
THATCHED M. ADAMS
95-297
....... .....
TRIMPHOW1 mec�r�
JAN 0 4 wnq
{ 'f,; -. LEASE AGRLEMENT
Of ,- /THIS INDENTURE OF LEASE made on this the-�C_ ay-:
1990, by GEILILD D. GRMIAM, Trustee,!
resident f 51 9th street, Bangor, Maine (hereinafter
referred to as 'the owner') and DEBORAH HAMM and BENJAMIN
FAIRBROTHER, of said Bangor, Maine (hereinafter referred to
as -the Tenants')1
W I T N E S S E T H:
1, Leased Premises: Owner hetebg leases:to Tenants
and Tenants hereby lease from Owner, the downstairs
d floor of that
edrooms on
ertainnbuilding and wlocated at 51 9th,
e me
cStreet, nBa gor, Maine.
c 2. Term: The term of this Lease shall be' for five
years, commencing on August 1, 1990; provided, however, that
after the expiration of the base term, � the Lease shall be
renewed automatically from year to year on the same terms
and conditions as the base term unless either party gives
written notice to .the other that no renewals shall occur in
which case the Lease shall terminate and the Tenants shall
surrender.the, premises over to the Owner; provided, however,
the owner reserves'" the' right to increase the rent by the
amount of any increase in ad valorem property taxes and fire
and liability insurance premiums, on the subject premises in
the event of automatic renewal hereunder.
3. Rent: The Tenants shall pay to the owner
monthly rent in the amount of $475.00, which rent shall be
paid In monthly installmehtc an the is ^E sac` ^^nth.
4. Utilities. The Tenants shall pay for all
utilities for bath apartments in the subjectpremises with
'�=the+"nexcep<{pol'i`o £ycheht for the', total premises;. owner will
reimburse -_'tenant for, any electricity used'on the second
'floor apartment (this is because Tenants are using two rooms
on the second -floor „Plus . the only water heater is on the
second floor electric bill). Tenants will pay for all -water
and sewer for the entire building; provided,however, that
if there is an increase in charges for -water sand sewer owing
to the Owner using or leasing- out the 'second floor
apartment, the Owner will reimburse for any such additional
charge of the sewer and water cause�by the additional.use of
the second floor_ apartment. it -'
5. Taxes. The Owner shall pay' all. taxes'' on the
premises.
Page - 1 o0 py
6. Maintenance and Repairs. Tenants will be
esponsiblefor any necessary repairs to the building during
the lease. I£ the Owner feels an improvement or repair is
necessary and the Tenants are unable or unwilling to pay for
same, owner may pay for such repalks and add the
thereof to the purchase price of the building discussed
upon option section below). The Tenants agree to keep the
premises in 'a neat, sanitary and clean condition. The
Tenants ble for
driveways hold bas
inigeneral use duringthe
removal f snow tertime-
9n Heat. and
in the rent is an w amount Of
$10000 for the year for. the fuel oil for the entire
building. should more than $11000 be used in any 12 -month
period, the Tenants will pay any .a mount over that $1,000
limit.
-__- 9. -Liability.. Neither -the Owner— nor. any agent .Ox -
employee of the ower 'shall be liable for any damage to the
person or property Of the Tenants Or of any subtenants o
concessionaires Or of any employee, customer, licensee,
contractor or. supplier or guest of any of the foregoing,
except where- such damagers attributable solely to the
negligence: .'.of'. the Owner,Owner's agents or Owner's
employees; including damage
(a) from acts or omissions of persons
occupying adjacent premises;
':(b) from any defect of any part of the
, demised premises;
-(c) from interruption to business resulting
from fixe, explosion, steam, gee, petroleum
products, electricity, rain, water or snow or
leaks 'n any part of the building.
30. Recording. The Tehant will not record this
Lease.
il. Condition of Premises. The premises are leased
:LT O r amw
Right
t of
firstof First o purchase
The Tenants shall have
the right of first refusal er, purchase Che premises from
de the
Owner in the event the Owner, his heirs and assigns desire
sell the premises and in no event shall the Tenants be
re to pay higher Price or enjoy lase favorable terms
than otherwise
than otherwise ies offered to any bona Eida purchaser.,
13. Binding . effect. This agreement - shall be
binding ,upon the undersigned parties, their heirs,
successors and assigns.
Page - 2
95-21
14 Amendments. This agreement may be amended at
any time in writing executed by all of the
Signatories hereto. Parties who are
15. controlling Lax. This lease is governed by the
laws of the State of Maine.
16. Option to Purchase.
a) Tenants hereby hereby pay and Owner
acknowledges receipt of a non-refundable $2,000
earnest- money payment for the purchase of a
option to the purchase of the - land and building
located at 51 7th Street, ganger, Maine, said
$2,000 to be applied to'the purchase price in the
_ plica of
SqTenants,
eQnan p�sa=xarclsa tbereof. Th®_option -
-'—
Tenants' exercistheiren clt±,event that the
der
this paragraph, the option iningtobalanceaa oftilePurchase price shall be x$47,000. The term of the
Option Period Shall be five
1990. years from August 1,
b) for each month that the Tenants pay rent of the
Premises under this lease, the sum of $50 shall be
applied toward the payment of the purchase price;
thereby reducing the balance due for each month
Tenants pay rent hereunder.
c) In the. event Tenants do notXerose their
option to purchase hereunder, tile Owner shall
refund $50 for each month's rental payment.
provided the followingconditions are satisfied:
(i) The refund must be made on the
Anniversary date of this lease;
(il) There must' be no late payments as
defined above (i.e., no payments postmarked
more than 10 days from the 1st' of the month
.r
for 7hich payme bis -due); .
rr!'
-'(iii) Tenants :must give 60 days( written
notice;
(LV) Tenants must vacate property before
recovery of the refund; and
(v) Tenants must leave the property in broom -
clean condition with no major repairs needed.
17. penalty for Late Payment of Rent. There shall
be a $25 penalty for any rental payment which is postmarked
Page - 3
,k.:
--. +
--....._....-_..........__ _IJ
over ID days from the 1¢t
payment is made. of any month for which any such
18. Owner's Rights. Owner reserves the use of the
apartment on the second floor and may rent it out if he ¢o
chooser. Owner reserves of the basement and the garage.
However, he d' t may use 191 of the Igarage: Tenant has full
Use f the driveway, However, Owne1 reserves: the right to
use one side of the driveway if nedded. owner reserves use
Of 'back room f the at floor for use as an exit. s use
reserves use of entryway, on the north side of the house near
the back stairs for future use and the installation of an
outside door.
Execu
untleralyned. ar«lem _ed od the _lav above:-wsi[ten by - the
wltn
G�EPpAL�D�A. GRANA/]M' pwner
nen" JgMIw - IFA ROROT ETenant�C
U�G RAMM�.Te� t
' I
r/
Page - 4
95-297
'CIT�Y7OF
MAINE mZET
UAN OR, MA 01
CODE ENFORCEMENT ® FIRE PREVENTION Ter. 2371946AWD
October 3, 1994
NOTICE TO ALL TBNARTS OF FLACARDINC AND ORDER TO VACATE
Location: 51 Seventh Street
Dear Ben Fairbrother
G. G. Graham Trust, owner of the structure located at 51 Seventh
Street, Bangor, Maine, has been given a Notice of Condensation and
Order to Vacate. The structure has been placarded as being UNFIT FOR
OGDEN OCCUPANCY OR USE pursuant to Chapter %, Section P14-105.4 of the
Lane and Ordinances of the City of Banger (Propery Maintenance. Cede).
You, as an occupant of the placarded premises, are hereby ORDERED To
VACATE the premises not later than 4:30 PM October 4.1994. Section
PM -108.2 provides that any person who shall occupy a placarded
promises or part thereof shall he subject to and liable for a fine up
to 3500 for each day that the occupancy continues beyond the date
specified above. More importantly, however, due to the condition of
the structure, it is in the best interest of your health, safety,
and/or welfare to vacate the premises.
I am required to notify you that you may appeal this notice of
Placarding and Order to Vacate to the Property Maintenance Appeals
Board, who could reverse or modify my actions, provided that you file
written petition for such hearing with the Inspection Department,
City Mall, within twenty (20) days after the date that you receive
this notice. My such petition most include your statement ofthe
grounds upon which such appeal is based.
�_V y trulp yo
_ ��:
Daniel M. Wellington, Director
Cade Enforcement and Fire Prevention
cc: Health 6 Welfare Dept.
CIT�Y7OF �J7 •
Y MAINE FAR aST=
7300 40
RAN aMAIm
!/CODE ENFORCEMENT 9 FIRE PREVENTION Ter. ameue.aw
October 3, 1994
G. 0. Graham Trust
P.O. Boa 774
Lakeland, Fl. 33802
NOTICE OF PLACARBING AND ORDER TO VACATE
RE: 51 Seventh Street
This i order issued by the Code Enforcement Officer pursuant to
Chapter A, Sections PM-602.1,PM-601.1 thru PM 602.2 of the laws and ordinances
of the City of Bangor (Property Maintenance Code).
kQc xtaN/WQ$fpTf01LQ_p!g _ 9] - !h et
Address Map/Lot 1
REASONS FOR NOTICE: M_01d. building used for h shall be
prqvided with an electrivAL_ t�D 9 I' alto the r puiremeg-ts of EN -6601.1_
ths_FAL 602_2._Ttl4PCQP ity�DgNN_aa_51—agYppth_et�ep_t,_ht9.110
Service.
These are the most serious violations requiring immediate correction/
abatement. Other violations discovered may be subject to further order.
CORRECTION/COMPLIANCE ORDER: You are required to correct/abate all of
the above noted violations immediately upon receipt of this notice, and
the premises must be vacated at that time. Additionally, you must permit
a full inspection by the City Code Enforcement Office of these premises
before the above deadline. Said inspection could result in additional
enforcement action or in a new compliance order being issued by this office.
If the Correction/compliance order is net adhered to, you are hereby ORDERED to
Cate the premises by 4:30 PM, October 4,1994. You are further ordered to give
notice to any and all tenants at this address to vacate within said time if
corrections/abatement are not completed.
I am required to notify you that you may appeal from the provisions
of this notice to the Building Board of Appeals, who could
reverse or modify my actions, provided that you file a written
petition for such hearing with the Inspection Department, City Rall,
Bangor, Maine, within twenty (20) days after the date that you receive
this notice. Any petition moat include your statement of the grounds
upon which such appeal is based.
There are
evil and monetary Penalties which I shall seek against you
in a court of law should you fail to act in accordance with these orders.
vyar�p t I l7ours�"/,7�
Oabfel M. cement Off
Code Enforcement officer
THATCHER M. ADAMS
26 COLUMBIA STREET 95-29)
SAILOR. MAINE 04401
QUIT -CLAIM DEED
Gerald D. Graham, Trustee, whose address is P.O. Boz
]]4, Lakeland, Florida 33802 (Grantor), for consideration
paid, grants, with quit -claim covenants, to Benjamin
Fairbrother, of Bangor, Maine (Grantee), his heirs and
assigns, the real estate and improvements thereon situated in
Bangor, Penobscot. County, Maine, described as follows, to
wit:
A certain lot of land, together with the buildings thereon,
said lot measuring fifty (50) feet by one hundred (100) feet
in the 'westerly side of Seventh (formerly called Johnson)
Street, in said Bangor, and bounded and described as follows:
Beginning at the southwesterly corner of land now or formerly
owned by Eugene 1. Barker on said Street; thence running
southwesterly on said Street, fifty (50) feet; thence running
northwesterly at right angles with said Seventh Street, one
hundred (100) feet; thence northwesterly and at right angles
with the last named line to the line of land formerly known
as the Edmund Dole tract; thence at right .angles, one hundred -
(100) feet to the first -mentioned bound.
EXCEPTING AND RESERVING from the above described premises a
certain lot or parcel of land on the northwesterly side of
Seventh Street in said Bangor, bounded and described as
follows, viz: Beginning at a stake driven into the ground o
the northwesterly line of Seventh Street, a distance of
forty-five and thirty-two hundredths - (45.32) feet
northeasterly to a point where the northwesterly line of
Seventh Street intersects the northwesterly line of Bowdoin
Street . measured on said line of Seventh Street, said 'stake
being on the southwesterly line at the lot of land conveyed
by Richard P. Raynes to Nicholas Richardson by deed dated
October '14, 1890, recorded in said Registry, Vol. 606, page
188; thence northeasterly on said line of Seventh Street
three (3) feet to a point; thence northwesterly nearly
parallel with said Bowdoin Street, one hundred (100) feet to
a point; thence. southwesterly parallel with said line of
Seventh Street, three (3) feet to a stake on the
southwesterly line of land conveyed by said Baynes to
Richardson; thence southeasterly on the southwesterly line at
land conveyed by said Baynes t0 Richardson, one hundred (100)
feet to the bound begun at.,
Being the same premises conveyed to the Grantor by deed
of Gerald D. Graham dated November 11, 1988, and recorded in
Book 4344, Page 197, of the Penobscot County Registry of
Deeds.
Executed on this the (•)4)I day ofy('! ,
�
k999. ,
7 lie
Graz
Gerald D. o' T arse
STATE OF F DA
COUNTY OF CaDA ( �,. .a , 1905
Personally appeared the above-named Gerald D. Grahem
and, upon being duly sworn, declared under oath that he
executed the foregoing instrument as his free act and dead.
Before me,
Y/IM f< .D C�JGLhK L01
Nta[y Public Gam_
Data Commission Expires: /a1-
(Seal)-p�..21y ..A+- to
u51 %Sx..anwm
� elh'Cwmiube ypum lLDlflB ��
�mn.... .. miWM'n
95-297
.'N REAL ESTATE ASSESSMENT RECORD AS OF 05/17/95
ACCOUNT: 01 73669 FAIRBROTHER BENJAMIN MAP/LOT 23/071
0051 SEVENTH ST
SALE DATA — —
LAND CODE 94 NEIGHBORHOOD CODE 29
X—Y COORD 258-520
TYPE.. LAND 6 BUILDING
20NING — URBAN RES DIST 1
OU51 SEVENTH ST
DATE.....
01/95
TORO: ROLLING UTILITIES:
CITY EATER/SE1ER
PRICE....
0
STREET/ROAD PAVED TRAFFIC.
LOW (1-1999)
VERIFIED.
OTHER SOURCE
ENCROACHMENTS: NONE ENVIRONMENT:
STATIC
VALIDITY.
NOT VALID
PRD: PRDV5799P276- 01/95
DAMP FULL BASEMENT. EARTH FLOOR. ADEQUATE. HEADROOM
BASEMENT... —
— — —— L A N D V A
L U A T I O N ——
— — — —
[
UNITS METHOD/DESCRIPTION
TOTAL FCTR INFLUENCE---
VALUE
47X100 FRONT FEET — REGULAR LOT
7.517 1.00 — -
— - —
7.517
INSULATION. —
84c
LAND TOTAL
OS 7,517
N REAL ESTATE DWELLING REPLACEMENT COST COMPUTATION AS OF 05/17/95
ACCOUNT: 01 73669 FAIRBROTHER BENJAMIN
MAP/LOT
23/071
OU51 SEVENTH ST
REPLACEMENT
— — — —— D E S C R I P T I O N — —— ——
COST NEI"
1.5 STORY FRAME CONVENTIONAL 1.093 SQUARE FEET
BASE PRICE.
74 00:
EXTERIOR: OTHER ROOF: OTHER GRADE C 1.05
DWELLING UNITS- 02 OTHER UNITS: 00
UNITS...... +
3 70(
FOUNDATION: CONCRETE BLOCK
FOUNDATION. +
DAMP FULL BASEMENT. EARTH FLOOR. ADEQUATE. HEADROOM
BASEMENT... —
1.90E
1008 HEATED — GRAVITY WARM AIR
HEAT....... +
[
FULL BATES 02 HALF BATHS00 OTHER FIXTURES: 00
PLUMBING... +
2.93'
BEDROOMS: 03 ATTIC: NONE
ATTIC...... +
C
INSULATION: CAPPED
INSULATION. —
84c
BRICK/STONE TRIM: 0 SQUARE FEET
TRIM....... +
C
BASEMENT LIVING AREA: 0 SQUARE FEET GRADE .00
BSMT LIVING +
L
FIREPLACES: 00 STACKS: 00
FIREPLACES. +
C
BASEMENT GARAGE: NONE
BSMT GARAGE +
UNFINISHED LIVING AREA: 008
UNFINISHED. +
C
REPLACEMENT
COST NEN (RCN)
77,88E
BUILT: 1900 REMODELED: 0000 LAYOUT: TYPICAL
—PERCENT GOOD—
VALUE
CONDITION: FAIR INTERIOR SIMILAR TO EXTERIOR
PHY FUNC SCOW
(RCNLD)
MODERN KITCHENS: 00 MODERN BATHS: 00
466 758 1008
26,87C
INSPECTED 05/06/91 INFORMATION SOURCE— OWNER
N REAL ESTATE — ADDITIONS/OUTBUILDINGS/IMPROVEMENTS AS OF 05/17/95
ACCOUNT: 01 73669 FAIRBROTHER BENJAMIN
MAP/LOT
23/071
0051 SEVENTH ST
—PERCENT GOOD—
VALUE
DESCRIPTION--- YEAR SIR GRADE RCN COND
PHY FUNC ECON
(RCNLD)
1S FR SNCL PORCH 1900 32 C 1.05 1,563 FAIR
.46 .75 1.00
535
1S FR SHED 1900 216 C 1.05 2,605 FAIR
.46.75 1.00
896
1S FR GARAGE 1920 360 D 1.00 3.337 FAIR
.50 .75 1.00
1.251
DECK 1988 -144 D 1.00 627 AVERAG£.95 1.00 1.00
59E
OUTBUILDING
TOTAL 01
3.284
- BUILDING TOTAL 01
30,154
N REAL ESTATE - CORRELATION AS OF 05/17/95
ACCOUNT: 73669 FAIRBROTHER BENJAMIN MAP/LOT 23/071
0051 SEVENTH ST
COST APPROACH MANUAL NRA INCOME
APPRAISAL APPRAISAL APPRAISAL APPRAISAL
LAND..... 7,517 U 0 0
BUILDING. 30,154 0 0 0
TOTAL.... 37.671 0 0 0
CORRELATED CORRELATED
JUST VALUE RATIO ASSESSMENT
LAND..... 7.517 7,500
BUILDING. 30,154 100% 30,200
TOTAL.... 37,671 37,700
95-297
-'N REAL ESTATE - ASSESSMENT RECORD AS OF 05/17/95
ACCOUNT: 01 73669 FAIRBROTHER BENJAMIN MAP/LOTS 23/071
0051 SEVENTH ST
SALE DATA - - -
LAND CODE 94 NEIGHBORHOOD CODE 29 X -Y COORD 258-520 TYPE.. LAND 6 BUILDING.
ZONING URBAN RES DIST 1 DATE..... 01/95
TOED: ROLLING UTILITIES: CITY HATER/SE1ER PRICE.... 0
STREET/ROAD PAVED TRAFFICLOW (1-1999) VERIFIED. OTHER SOURCE
ENCROACHMENTS: NONE ENVIRONMENT: STATIC VALIDITY. NOT VALID
PRD: PRDV5799P276 01/95
- I- -- L A N D V A L U A T I O N -- - - - -
UNITS METHOD/DESCRIPTION TOTAL FCTR INFLUENCE--- VALUE
47X100 FRONT FEET - REGULAR LOT 7.517 1.00 - I. -- - 7.517
LAND TOTAL 01 7,517
N REAL ESTATE DWELLING REPLACEMENT COST COMPUTATION AS OF 05/17/95 -
ACCOUNT: 01 73669 FAIRBROTHER BENJAMIN
MAP/LOT
23/071
0051 SEVENTH ST
REPLACEMENTI
- - - - - - D E S C R I P T I 0 N - - - - - -
COST NEW
1.5 STORY FRAME CONVENTIONAL 1.093 SQUARE FEET
BASE PRICE.
74 002',
EXTERIOR: OTHER ROOF: OTHER GRADE C 1.05
DWELLING UNITS' 02 OTHER UNITS: UO
UNITS...... +
3 700'
FOUNDATION: CONCRETE BLOCK
FOUNDATION. +
0
DAMP FULL BASEMENT, EARTH FLOOR, ADEQUATE HEADROOM
BASEMENT... -
1.908"
IUD% HEATED - GRAVITY NAM AIR
HEAT....... +
O
FULL BATHS' 02 HALF BATHS' 00 OTHER FIXTURES: 00
PLUMBING... +
2.937'
BEDROOMS: 03 ATTIC: NONE
ATTIC...... +
0,
INSULATION: CAPPED
INSULATION. -
845'
BRICK/STONE TRIM: O SQUARE FEET
TRIM....... +
0,
BASEMENT LIVING AREA: 0 SQUARE FEET - GRADE .00
BSMT LIVING +
0
FIREPLACES: 00 STACKS: 00
FIREPLACES. +
0
BASEMENT GARAGE: NONE
BSMT GARAGE +
0
UNFINISHED LIVING AREA: U09
UNFINISHED. +
0
REPLACEMENT
COST NEW (RCN)
77.886
BUILT: 1900 REMODELED: 0000 LAYOUT: TYPICAL
-PERCENT GOOD-
VALUE
CONDITION: FAIR INTERIOR SIMILAR TO EXTERIOR
PHY FUND SIGN
(RCNLD)
MODERN KITCHENS: 00 MODERN BATHS: 00
468 754 1008
26,870
INSPECTED 05/06/91 INFORMATION SOURCE- OWNER
N REAL ESTATE - ADDITIONS/OUTBUILDINGS/IMPROVEMENTS AS OF 05/17/95
ACCOUNT: 01 73669 FAIRBROTHER BENJAMIN
MAP/LOT
23/071
0051 SEVENTH ST
-PERCENT GOOD-
VALUE
DESCRIPTION--- YEAR 5/F GRADE RCN CORD
PAY FUNC ECON
(RCNLD)
1S FR ENOL PORCH 1900 32 C 1.05 1,563 FAIR
.46 .75 1.00
539
1S PR SHED 1900 216 C 1.05 2,604 FAIR
.46 .75 1.00
898
1S FR GARAGE 1920 360 D 1.00 3.337 FAIR
.50 .75 1.00
1.251
DECK 1988 144 D 1.00 627 AVSRAGE.95 1.00 1.O0
596
OUTBUILDING
TOTAL O1
3.284
BUILDING
TOTAL 01
30,154
REAL ESTATE - CORRELATION
ACCOUNT:
73669 FAIRBROTHER BENJAMIN
CORRELATED
0051 SEVENTH ST
JUST VALUE RATIO
COST APPROACH MANUAL
LAND.....
APPRAISAL APPRAISAL
LAND.....
7,517 0
BUILDING.
30.154 0
TOTAL ...
37,671 0
AS OF 05/17/95
MAP/LOT 23/071
MRA INCOME
APPRAISAL APPRAISAL
0 0
0 0
0 0
CORRELATED
CORRELATED
JUST VALUE RATIO
ASSESSMENT
LAND.....
7.517
7,500
BUILDING.
30.154 100%
30,300
TOTAL....
37,611
37,700
CITY OF JV
95-197
MAINE 73 s MANE 0
FINANCE DEPARTMENT MVaTEi_. 20nw5�++00
JMn Doaoararo, Finable Director
February 2, 1995
Julio V. DeSanctis, III
Downeast Law Associates, P.A.
River Road (Rt. 15)
PO Box 190
Orrington, Maine 04474
Dear Attorney DeSanctis:
As a courtesy I am forwarding a copy of my letter to Mr. Benjamin'
Fairbrother concerning the property at 51 Seventh Street.
Vexy rYlJ/,/ou(Z9//,/(� -
Fina a Director
CITY OF
MAINE mNAREOw STREET
BANGOR. MAINE W101
FINANCE DEPARTMENT Tec. coney -+-0
JMn Ouanamm. Finance 0ireclar
February 2, 1995
Thatcher M. Adams, Attorney -At -Law
25 Columbia Street
Bangor, Maine 04401
Dear Attorney Adame:
As Be courtesy 1 am forwarding a copy of my letter to Mr. Benjamin
Fairbrotherity at 51 Seventh Street.
very L//// 1 y
Toh �iiartararm
F' ante Director
95-297
SOF
r MAINE
j7 FINDEPARTMENT TEL
John T,a no
John WaMraro, Finance Olr¢dar ,
February 2, 1995
Gerald D. Graham, Trustee
PO BOX 774
Lakeland, FL 33802
Dear Mr. Graham:
Asa courtesy I am forwarding a copy of my letter to Mr. Benjamin
Fairbrother concerning the property at 51 Seventh Street.
Ver)
`An r uilkyy4Y�ousrary,
JO/
Fi nce Director
"wnlzmlj wr FILE BOTH COPIES
TAXATIONOF THIS FORM WITHT-.Iv.S-I-
Pnry Tan DMI
COUNTY REGISTRY OF DEEDS ,_y----- -
SWb Xpwe Sle6an ea4 DO NOT DETACH!
Aupwa, Mae SAM
REAL ESTATE TRANSFER TAX DECLARATION
TITLE SS, M.MSA.. SECTIONS 4641 IN...M1 d841H
I. MUNILIPALT'OR iOWN$NW COUNTY
g00H PAGE
Ban or Haire (REGISTRY I USE ONLY)
GRPMEE BUYER
2 NENInY: RAME(S)MST, FIRST, MNK) ANDS] 4 SECURITY NUMMIRSj OR CORPORATE OVASS) AND FEOENL DENT61CAWN SUMMERS)
Fairbrother
]. NUMBER AND B mom, LITY OR TOWN STATE AND ZIP CODE
GRAMS IRSLLE
4..........INME181....FlP8i,MIRPljNq£OCMl6EWWTY NUMMINSI OR W Be IATF RUBBER AND ASSER t DESTROU 1ON NUMSENS)
Grahaaar Gerald
6, NUYBBI.WD STREET CNYOR TOWN i
BfATE/N0.9P(}J.tE ,.
P.O. Box 774 Lakeland FL 33802
B. TP%MM S LOT NUMBER paStar tll
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P.ft
Nem S[I+a...nM
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0 MUNICIPALITY LOE6 NOT HAVE TAA MAPS 1Pgep hxlde pepa
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PROPERTY
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Beer; as No maRM nMe. Isen ae me len lnal lm,aw wa, a l sale, Madames. wmo>mmM ala, geMooa.
CIRCUMSTANCES
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INCOME TAX
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WITHHELD
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St.,
"Sam SUNNI 1d83)
95-29]
CITY OF MN
Q MAINE
Y FINANCE DEPARTMENT
Jan Ouarmnm, Finance Dinner
February 2, 1995
Benjamin Fairbrother
C/o Deborah Hamm
51 Water Street
Bangor, Maine 04401
Re: 51 Seventh Street, Bangor, Maine
Dear Mr. Fairbrother:
73 HARLOW s*;ET
B
9ervna . unvm
TE' 207J-15,1-00
I am writing concerning the property at 51 Seventh Street, Bangor
your former residence. It is my understanding that you leased the
property from Gerald D. Graham, Trustee, and were a tenant of the e;
property. Included within your lease agreement was a purchase option
for which you paid Mr. Graham $2,000 and you were to be consideration of $50.00 per month of your lease payments towards the
purchase price of the property.
The G. G. Graham Trust failed to pay the taxes when due, and the Cit}- 3
of Bangor filed a tax lien against the property on June e, 19 t
That tax lien matured into an automatic foreclosure, and the City of -'
Bangor foreclosed the interest Of the Trost and the Trustee, Mr..
Graham's.
There is an outstanding mortgage on the property with Fleet Bank of
Maine, but the bank's interest has not yet been foreclosed by the
city. On January 5, 1995 a notice of impending foreclosure was
mailed to Fleet Bank, and the bankhas90 days to redeem the
property. It is our understanding that Fleet Bank doe not wish to
redeem its interest in the property but instead will allow the bank's
interest to be foreclosed by the City of Bangor.
At the time that the Trust was provided with notice of the impending
foreclosure, the property was inspected and found to be in violation
of the City of Bangor's Existing Structures Code. The City's Code
Enforcement Officer then placarded the building and all inhabitants
were required to vacate the premises.
Recently you produced a quitclaim deed from Mr. Graham to you, which
was dated December 6, 1994 and notarized on January 26, 1995. The
copy of the deed provided does not have a book or page number from
the Registry of Deeds, therefore I do not know if you filed the -
deed. Eased upon your Lease Agreement, dated July 30, 1990 and the
unrecorded quitclaim deed you are asserting ownership of the
property, accepting responsibility for the unpaid taxes and
requesting that the City accept a workout plan with you for payment
of the unpaid taxes and other charges due on the property.
I am sorry but I will not entertain your request for the following
reasons:
1. The City of Bangor has not foreclosed the interests of Fleet Sank
n the property, their redemption period extends through April J,
1995.
2. In the opinion of the City's Code Enforcement Officer, based on
several recent inspections, the prooerty is not capable of being
economically restored to a condition that will allow the i of
a certificate of occupancy by the City's Code Enforcement Office•
3. The property is located on a lot that is substandard under the
City's Land Development Code (47' x 100'). It is located and
adjacent to other nonconforming substandardlots. Absent other
considerations, the City's normal goal in similar situation is to
merge adjacent substandard lots by sale to abutting property owners
so as to create house lots that conform to current code requirements.
I strongly urge to seek legal counsel on this matter before filing
the quitclaim deed and asserting responsibility for the property. As
a courtesy I am forwarding a copy of this letter to Mr. Julio V.
DeSanctis, III at Downeast Law Associates, P.A. If Mr. DeSanctis i
not your arporney I urge to seek legal counsel from another source.
/
ve t y ours{
John L:Y aro
Finance Director
cc: Julio V. DeSanctis, III
Downeast Law Associates, P.A.
River Road (Rt. 15)
PO Box 190
Orrington, Maine 04474
Gerald D. Graham, Trustee
PO Box 774
Lakeland„ FL 33502
Thatcher M. Adams, Attorney -At -Law
25 Columbia Street
Bangor, Maine 04401