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.
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Manager's Comments[
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Budget Approvals
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Legal Approvals
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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
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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.