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HomeMy WebLinkAbout1995-09-11 95-396 ORDERCOUNCIL ACTION Dates 9-11-95 Item M 95-396 Item/Subjects ORDER, Authorizing Sale and Conveyance of Land Located at Lot 20-A Target Industrial Plaza West to V.P. winter Distributing Co. Responsible Department; Legal Department Commentary3 Please see .the attached memorandum from Me It. City Solicitor Norm Neitmann regarding this issue. It was reviewed by the Finance Committee at its September 5th meeting which recommended approval. nFPARTM£NT HFAn Manager's Comments[ Azsociated Information: Order, Men�o�IaNIMIXsuv� Budget Approvals FiNAmrg Legal Approvals Inti't�deced For ('ST SIJOL✓S�CS"' Passage age shot Reading Page_of Referral 95-396 Aeuped to Couneilu Frankel September 11, 1995 CITY OF BANGOR (TITLE) gVTDCT Authorizing Sale and Conveyance of Land Located at Lot 20-A Target Industrial Plaza West to V.P. Winter Distrihuting Co. By the CWs CoymJ olds My ofBsrpor: ORDFB.SD, the City Manager is authorized to convey to V.P. Winter Distribtw;g Co. Lot W 20-A as shown on Plan entitled "Target Industrial Plaza west Revision of Lot W6, W17, W18, W19, and W20, Bangor, Penobscot County, [lain" by Andrew S. Shyka, Land Surveyor, Bangor, Maine dated dune 1978 and recorded in Penobscot County Registry of Deeds, in Plan File D62-78. 95-396 IN, Cf TT CwNCIC o H D E R Septem6ex 11, 1995 Is Title, Atthorizing Sale and Conveyance f Land located at Lot 20-A Target _ CIT4 LEM inousrriai P1 as West to V.P. Winter ...................... . e ' ,� Sieditidfidq'cd: ...................................... tGo`� ..� Councilmen MEMORANDUM 95-396 August 30, 1995 TO: Bangor City Council/Finance Committee FROM: Norman S. Heitman, III, Asst. City Solicitor RE: Deed of City of Bangor to V.P. Winter Distributing Co. On August 31, 1978 Bangor Target Area Development conveyed to the City of Bangor Lot W20 -A, a parcel containing 189,554 square feet, located in Target Industrial Plaza West. The City on September 1, 1978 entered into a lease agreement with V.P. Winter Distributing Co. whereby V.P. Winter Distributing Co. leased the property. This w industrial -commercial project` as provided by the Maine Securities Approval Act, 30 MRSA S 5325 at seq. The City Council authorized the issuance of revenue obligation securities with a fifteen (15) year term. The lease had a term of fifteen (15) years. The lease provided that V.P. Winter Distributing Co. would buy and the City of Bangor would sell and convey, by Quitclaim Deed with Covenant, the property for $1.00 at the expiration of the lease term upon full payment of the indebtedness issued. V.P. Winter Distributing Co. has met their obligations under the lease by the expiration of the lease, September 1, 1993. A deed could have been executed at that time.. I would assume that no one brought it to the City's attention or requested the deed at the time, though V.P. Winter Distributing Co. has now done so. Attached is the proposed deed of conveyance and City Council Order. The lease and any other documents from 1978 related to the project are available and if any Council member would Like copies Ken Gibb can provide the requested information. This will be presented to the Finance Committee o September 5, 1995 and i would anticipate it would be on the City Council agenda on September 11, 1995. red Attachments pc: Edward A. Barrett, City Manager Kenneth Gibb, Director Community 6 Economic Development 95-396 20 QUITCLAIM DEED WITH COVENANTS The CITY OF BANGOR, a municipal corporation organized and existing under the laws of the State of Mine, and located in Bangor, County of Penobscot, State of Maine, for consideration paid, grants to V.P. WINTER DISTRIBUTING CO., a corporation organized under the laws of Rhode Island, having its principal place of business at East Providence, County of Providence, State of Mode Island and having an additional place of business at Bangor, County of Penobscot, State of Maine, with QUITCLAIM COVENANTS, the land situated in said Bangor and more particularly described in Schedule A annexed hereto and made a part hereof. This conveyance is made subject to the following restrictions: 1. No further subdivision of the property shall be permitted by Grantee, its successors or assigns. 2. Buildings set back from public ways must be at least fifty (50) feet or such greater distances as the City of Bangor Land Development Code may provide. 3. All easements of record for roads, ways, drainage, and public utilities. 4. A permanent setback of ten (30) feet from all property lines must be maintained for the sole purpose of landscaping or screening. 5. Any conditions, obligations or restrictions imposed by City or State governments because of environmental or other similar considerations. IN WITNESS WHEREOF, said CITY OF BANGOR has caused this instrument to be sealed with its corporate seal and signed in its corporate name by EDWARD A. BARRETT, its City Manager, hereunto duly authorized, this _ day of September, 1995. Signed, Sealed and Delivered CITY OF BANGOR in the Presence of: By Edward A. Barrett Its City manager 95-396 24 STATE OF MAINE PENOBSCOT, as. September —, 1995 Then personally appeared the above-named EDWARD A. PARRETTI in his capacity as City manager of the City of Bangor, 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: 95-396 SCHEDULE A 20 LOT W 20-A A certain lot or parcel of land situated in the City of Bangor, County of Penobscot, State of Maine, bounded and described as follows: Being all of Lot W 20-A as shown on Plan entitled "Target Industrial Plaza West Revision of Lot W 6, W 17, W 18, W 19, and W 20, Bangor, Penobscot County, Maine" by Andrew S. Shyka, Land Surveyor, Bangor, Maine dated June 1978 and recorded in Penobscot Registry of Deeds, in Plan File D 62-78, more particularly described as follows: Beginning at an iron rod at the southeast corner of Lot W 20-A as shown on aforesaid Plan of Target Industrial Plaza West, said iron rod being in the northerly line of the Maine Central Railroad right -o£ -way and at the southwest corner of landnewor formerly owned by Simpson; thence by and along the said northerly line of the Maine Central Railroad, N 660 32 ' 11" W four hundred and twenty (420.00) feet to the southeast corner of Lot W 19-A as shown on aforesaid Plan; thence by and along the easterly line of said Lot W 19-A, N 120 16' 15" E four hundred sixty and seven hundredths (460.07) feet to the northeast corner of said Sot W 19-A being in the southerly line of Target Industrial Circle; thence by and along the southerly line of Target Industrial Circle S 660 32' 11- E four hundred and twenty (420.00) feet to the northeast corner of aforesaid Lot w 20-A being in the westerly line of said land now or formerly owned by Simpson; thence southerly by and along the westerly line of said now or formerly Simpson land, S 12" 16' 15" W four hundred and sixty and seven hundredths (460.07) feet to the point of beginning. Containing 189,554 square feet and being a portion of the same premises conveyed to Bangor Target Area Development Corporation by Paganica, Inc. by deed dated December 4, 1973, recorded in Penobscot Registry of Deeds in Vol. 2422, Page 38. Reference Meridian is Magnetic North, 1954, as shown on aforesaid plan of Target Industrial Plaza West. Also being the same premises conveyed to Grantor herein by Bangor Target Area Development Corporation by deed dated August 31, 1978 and recorded in Penboscot Registry of Deeds in volume 2903, Page 313. EBCEPTING AND RESERVING, however, to Bangor Target Area Development Corporation, its successors and assigns, a right of way to be used in common with the Grantor for the location of a spur track to be constructed by the V.P. Winter Distributing Co. from a point on the Northerly side of the Maine Central Railroad right of way Which lies easterly of Lot W 20-A to its terminus; in ordance with and subject to an agreement dated August 31, 197B between Bangor Target Area Development Corporation and V.P. Winter Distributing Co.; and the reservation to Bangor Target Area Development Corporation, its 95-396 n ' successors and assigns, a right of way to extend said spur track to the Westerly line of said Lot W 20-A to provide for the continuance of said spur track to serve the remaining land of Bangor Target area Development Corporation which adjoins and lies Northerly of said Maine Central Railroad right of way. There is also conveyed herewith a right of way in common with others for constructing and maintaining the aforementioned railroad spur track, over a triangular parcel of land adjoining and lying easterly of the above described premises bounded and described as followsi Beginning at an iron rod set in the ground at a point marking the southeasterly corner of Lot W 20-A according to the aforementioned plan; thence S 660 32. 11" a along the northerly line of the Maine Central Railroad right of way a distance of sixty (60) lest; thence in a generally northwesterly direction to a point on the easterly line of Lot W 20-A, said point being thirty (30) feet distant in a northeasterly direction from the southeasterly corner of said lot; thence by and along the easterly line of said Lot 20-A in a generally southwesterly direction a distance of thirty (30) feet or point of beginning. Being the same right of way c veyed to Bangor Target Area Development Corporation herein by Martin M. Schmidt by deed dated August 23, 1978 and recorded in the Penobscot Registry of Deeds. This deed is given in full satisfaction of Grantee's rights pursuant to the terms of a lease between Grantor and Grantee dated September 1, 1978. A memorandum of lease is recorded in Penobscot County Registry of Deeds in volume 2903, Page 317. By acceptance of this deed Grantee does hereby discharge Grantor of any further obligations of performance under the terms of said lease.