HomeMy WebLinkAbout1995-09-27 95-424 ORDERCOUNCIL ACTION 95 424
Item No.
Date 09-27- 1995
Item/Subject: Ratifying Release of Property at 112 Gilman Road
(Lot No. 3, TAC/CO/SAC Gilman Plaza Subdivision)to Barney W.
Silver.
Responsible Department: Legal
Commentary: In August, 1992, the City of Bangor acquired a
security interest in Lot No. 3 of the JAC/CO/SAC Gilman Plaza
subdivision, to secure completion required public improvements in
the subdivision. Our security interest took the form of a recorded
'Subdivision Improvement Guarantee Agreement- and a warranty deed
from Carl H. Snow, Jr., then owner of Lot No. 3. The warranty dead
was held in escrow. At the same time, the City received a personal
performance bond in the amount of $15,000.00 from Lou Silver, Inc.,
Nr. Snow's contractor, as additional security for the completion of
the required public improvements.
The completion dates specified in the Subdivision improvement
Guarantee Agreement and Lou Silver Inc.'s bond were not met. The
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Department Head YU
Manager's Comments:
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/'ckl?J City Manager
Associated Information: Council Order,Quitclaim Deed
Budget Approval:
Finance Director
Legal Approval:
City Sc icitor
Introduced For
X Passage
First Reading
Referral Page _ of
95-424
City subsequently declared a default of the bond and retained
$15,000.00 from funds due to Lou Silver, Inc. under a City
construction contract on Fire Station Mo. S. By Council Order
94-146 passed March 28, 1994, the City Council further directed the
City Solicitor to record the City's escrow deed to Lot No. 3 and
directed the Purchasing Officer and City Manager to negotiate a
private sale of Lot No. 3, with the purchase price to include
completion of the required public improvements in the subdivision.
In May 1994, Barney W. Silver, President and chief shareholder
of Lou Silver, Inc., acquired Carl Snow's interest in the Gilman
Plaza subdivision, specifically Lot No. 4 and Mr. Snow's interest,
if any. in Lot No. 3. By an exchange of correspondence, under the
authority of Council Order 94-146, the City Manager and City staff
subsequently agreed to release the City's interest in Lot No. 3 to
Mr. Silver and to refund Lou Silver, Inc.'s $15,000.00 upon Mr.
Silver's completion of the required public improvements. A
deadline of July 1, 1995 was established. Although diverted by
other work, including several City sewer projects, Mr. Silver
completed street, sever and other required improvements in the
subdivision to the satisfaction of the City Engineer in June,
1995. Accordingly, the attached Council Order would ratify the
City Manager's execution of a municipal quitclaim deed to Mr.
Silver, and would further authorize the City Manager to reimburse
Lou Silver, Inc. its $15,000.00 at the time the dead is delivered.
95-424
Aeeipped to Counaor Woodcock September 27, 1995
_NNpp CITY OF BANGOR
(TITLE.) anrbtrt ........ Ratifying, Release of Property at 112 Gilman
Road (Lot No. 3, TAC/CO/SAC Gilman Plaza Subdivision) to Barney W.
Bu the Cps CaszR of #A C ty of Beeler.,
The action of City Manager on behalf of the City of
Bangor, in executing aunicipal quitclaim deed releasing title to
property located at 112 Gilman Road, being lot No. 3 in the
JAC/CO/SAC Gilman Plaza Subdivision, to Barney W. Silver, is hereby
ratified and confirmed.
Upon delivery of the quitclaim deed, the City Manager is
hereby authorized to refund to Barney W. Silver and/or Lou Silver
Inc., without interest, the am of $15,000.00 currently held by the
City of Bangor as partial security for the completion of public
improvements in the JAC/C0/SAC Gilman Plaza subdivision, said
improvements having been completed by Mr. Silver in June, 1995.
IN CITY COUNCIL
September 27, 1995
Passed
CLEF
95-424
ORDER
Title, Ratifying Release of Property
at 112 Gilman Road (Lot No.3, JAC/CO/SAC
Gilman Plaza Subdivision) to Barney H.
Silver .. ..... .... ... ......... ...
p � Migud to
WC�JCGeK
Councilman
95-424
MUNICIPAL OBITCLAIM DEED
The CITY OF BANGOR, a municipal corporation organized and
existing under and by virtue of the laws of the State of Maine,
located in Bangor, Penobscot County, Maine, as Grantor, for
consideration paid, releases to BARNEYW. SILVER, of Orono,
Penobscot County, Maine, as Grantee, the land in Bangor, Penobscot
County, Maine more particularly described as follows:
Lot Number Three (3) as shown on Subdivision
Plan for JAC/CO/SAC prepared by Plisga A Day,
Land Surveyors, dated October 13, 1989, and
recorded in Plan Book D-274, Page 90, as revised
August 27, 1992, to which Revised Subdivision
Plan and the record thereof reference is hereby
made for further description of the premises
hereby conveyed.
Subject to all easements for drainage and other
easements as shown on said Revised Subdivision
Plan.
The purposeof this deed is to release all right, title and
interest of the City of Bangor in and to said Lot Number 3 arising
by virtue of a 'Subdivision Improvement Guarantee Agreement" dated
August 13, 1992 and recorded in Book 5142, Page 141, Penobscot
Registry of Deeds; by virtue of Bangor City Council Order number
94-146 as recorded in Book 5598, Page 221, Penobscot Registry of
Deeds; and by virtue of a Warranty Deed from Carl H. Snow, Jr. to
the City of Bangor dated August 13, 1992 and recorded in Book 5598,
Page 223, Penobscot Registry of Deeds. All other public rights in
said Lot Number 3 for streets, sewer or other public purposes, o
arising by virtue of unpaid real estate taxes, fees or assessments,
are hereby expressly reserved.
The 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, City Manager, thereunto duly authorized,
this day of , 1995.
Signed and Sealed CITY OF BANGOR
In the Presence of
By
Edward A. Barrett
City Manager
95-424
STATE OF MAINE
PENOBSCOT, 88. , 1995
Then personally appeared the above-named EDWARD A. BARNETT,
City Manager, and acknowledged the foregoing instrument to be his
free act and dead in his said capacity, and the free act and deed
of said body corporate.
Before me,
Notary Public/Attorney-at-Law
Printed Name:
My Commission Expires: