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HomeMy WebLinkAbout1995-10-23 95-443 RESOLVECOUNCIL ACTION - "- Item No. 95-443 v i Date October 23 1995 Item/Subject: Resolution of Condemnation for Property Located at 74-96 Main Street (former Freese's Building) Responsible Department: Legal This item would initiate condemnation proceedings on the former Freese's Building. Condemnation proceedings are necessary to provide marketable title, in order to facilitate financingof the proposed Realty Resources Chartered redevelopment project. The proposed damage awards of $1.00 are based on the City's prior acquisition of the building from the former owner by statutory foreclosure of matured tax liens for FY 1993.. Associated Information: Order Budget Approval: �w Department Head %/„r,., ,d/ .W.W. Finance Director City Solicitor Passage First Reading Referral Page of Assigned to Councilor Ptantel October 23, 1995 95-443 _xx CITY OF BANGOR (TITLE) 9Lb __I P Resol tion of Condemnation for Property Located lC"BHUL .............. ............ ._.... ..... at 74-96 Main Street (former Freese's Building) BY MW aty Council of &@ CDs ofBammr. ABSOLVED, WHEREAS, Title 30-A MRSA 5 5203(3) authorizes Maine municipalities to acquire real estate located in designated slum or blighted a, for purposesof demolition and removal, rehabilitation and repair, or redevelopment, pursuant to duly adopted Community Development programs of the municipality concerned, by purchase or eminent domain; and WHEREAS, The former "Freese's Building", so-called, located at 74-96 Main Street, Bangor, Maine and further described n Book 3669, Page 1, Penobscot Registry of Deeds, is located within the "Downtown Revitalization Program Area", a ^slum or blighted area" designated by the Bangor City Council in Council Order 82-239, as amended, passed October 13, 1982; and WHEREAS, The former Freese's Building is currently vacant, and has remained largely vacant since its acquisition by the former owner, Charles Fitzgerald, on June 3, 1985; and WHEREAS, Despite City enforcement proceedings, the former Freese's Building has been continuously i violation of exterior maintenance requirements under thCity of Bangor's Bangor Center Revitalization Area Ordinance, Chapter XIV, Laws and Ordinances of the City of Bangor, since at least 1989; and WHEREAS, The former Freeze's Building, in its present condition, exercises a blighting influence over the entire Downtown Revitalization Area and is in need of rehabilitation, repair and redevelopment; and WHEREAS, The City of Bangor acquired tax title to the former Freese's Building on December 8, 1994 by virtue of the statutory foreclosure of unpaid matured tax liens for fiscal year 1993; and 95-443 WHEREAS, The City took possession of the former Freese's Building WHEREAS, This Resolution of Condemnation is adopted by the City Council of the City of Bangor, acting as municipal officers pursuant to 30-A MRSA S 5204(1); NOW, THEREFORE, By the City Council of the City of Bangor be it RESOLVED AS FOLLOWS: (1) The former "Freese's Building", so-called, as further described in Book 3669, Page 1, Penobscot Registry of Deeds and "Schedule A" attached hereto i hereby condemned and acquired in fee simple by the City of Bangor pursuant to 30-A MRSA 5 5204 and the City of Bangor's duly adopted Community Development Downtown Revitalization Program; on April 7, 1995 pursuant to the City's rights as title holder and pursuant to Council Order 95-136 passed March 27, 1995, as subsequently amended; and WHEREAS, The City is a party to an Option Agreement with Realty Resources Chartered dated May 26, 1995, for the rehabilitation and redevelopment of the rear third of the former Freese's Building into 34 units of elderly low income housing; and WHEREAS, Efforts by the City of Bangor to confirm its tax title by court action have been delayed on the docket of the Penobscot Superior Court; and WHEREAS, The Realty Resources Chartered project requires that the City confirm its tax title as marketable in the immediate future to facilitate project financing and to permit the utilization of low income housing tax credits by Realty Resources Chartered; and WHEREAS, Without marketable title, the City will lose its present opportunity to rehabilitate and redevelop the former Freese's Building; and WHEREAS, The proposed redevelopment of the former Freese's Building is pursuant to and in furtherance of the City Of Bangor Community Development Downtown Revitalization Program duly adopted and approved by the Bangor City Council on October 13, 1982 by Council Order 82-239, as amended; and WHEREAS, The City Council of the City of Bangor, asmunicipal officers pursuant to 38-A MRSA S 5204(l), has determined the Amount of just compensation to be awarded for the City's acquisition of the residual interests of the former owners in and to the former Freese's Building; and WHEREAS, This Resolution of Condemnation is adopted by the City Council of the City of Bangor, acting as municipal officers pursuant to 30-A MRSA S 5204(1); NOW, THEREFORE, By the City Council of the City of Bangor be it RESOLVED AS FOLLOWS: (1) The former "Freese's Building", so-called, as further described in Book 3669, Page 1, Penobscot Registry of Deeds and "Schedule A" attached hereto i hereby condemned and acquired in fee simple by the City of Bangor pursuant to 30-A MRSA 5 5204 and the City of Bangor's duly adopted Community Development Downtown Revitalization Program; 95-443 (2) Damages are hereby awarded to the persons named below in the amounts indicated, as just compensation for all interests in the property acquired pursuant to this Order; Damage Name Interest Amount Charles Fitzgerald former fee o $1.00 Bruce Slovin former mortgage holder $1.00 All others ---- $1.00 (3) The City Solicitor is hereby directed to effect service of this Resolution of Condemnation on all persons listed above, and to take allotheractions that may be required. under_ 30-A HRSA g 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. IN CITY COUNCIL 95-443 October 23, 1995 Passed R E S O L V E CITY CLERK Condemmaeiov for Property located at 74-96 Main Street (former Freese's Building) 95-443 SCUPULE A PARCEL ONE: A Certain lot or parcel of land. together Mth the buildings thereon, being generally known a 4-96 Main Street in Sensor. Penobscot County. Maine. and more particularly bounded and described as follows. to Witt aeglnning at a point 01t a generally southeasterly line of said Main streetanproximately fifty 1501 feet in a generally northeasterly direction from the intersec- tion of the generally southeasterly line of Main Street with the generally northeasterly line of water Street. said Point Of beginning being also the generally w erly corner r of a certain lot c tel of land conveyed to Langdon A. Ladon F e by deed Of Eastern Maine General HOspi- tal. at als dated August 16, 1922. recorded in Penobscot Registry Of Deeds. Volume 951. Page 108, thence in a generally northeasterly direction by and along said utheasterly line of Main Street one hundred forty-eight (148) feet. more r less. to the generally northerly comer Of the premises conveyed to said A. Langdon Freese by the following four deeds: Deed Of Joseph A. Thompson dated February 27. 1906. recorded in said Registry. Vol use 761. Page 175: Deed of Margaret C. Dudley. dated February 28. 1906. recorded in said Registry. Volume 761. Page 1]]: Deed of Ernestine Thompson dated July 2. 1906, recorded in said Registry. Volume 764, P0 114: and Deed of Louise s. Whittier, dated July 21 1906, inorded in said Registry. Volume 764, Page 152: thence a generally southeasterly direction by and along the generally northeasterly pounds of said Premises conveyed by said Joseph A. Thompson and said Others my -nine (]9) feet. more r less, to the generally easterly corner of said premises so conveyed by said Westerly pounds of the premises conveyed to said A Langdon Freese by Deed of Frederic T. Lord. at al., dated June 28. 1927. re Carded in the said Registry. Vol use 1011. Page 226,twenty-six (26) feet. a (]) inches, M r less. to the generally northerly c of said premises 80 conveyed by Said Frederic T. Loser at al,: thence in a nerally southeasterly direction by and along the generally northeasterly bounda of sola P emiseS a conveyed by sa is Frederic T. Lord• a al.. sixty (60) f. Firmr leas, e0 the generally at of said Promes s conveyed by said Frederic T. Lord. a al.. situate an Pickering Square so-called; thence in a generally southwesterly direction by and 95-443 along said Pickering Sguars and hundred five (2051 fast, or laac, to the generally southerly comer of Certain ompromises emveyed GO said A. Landed Freese in pees Of Eastern Trust act Banking Ccglany, Trustee. dated January 25. 1924, recorded 10 said Registry. Volume 966. Page 429; thence in a generally northwesterly direc- tion by and a Ong the generally southwesterly bounds of said premises so conveyed by said astern Trust and Ranking Company. Trustee. fifty-three (53) feet, m r less, tO the generally southerly t of certain or Conveyed to said A. Langdon corner by the fol- lowing two deeds: Chea of Lamle C. Match. dated November 22. 1919, recorded in said Registry, Volume 919. page 112; and Dead Of Lillian Millfams Zimmerman. Dated December • 1919, scorned in said Registry. Volum 920, Page '61. said southerly corner abutting a presently existing fifteen (15) fact passageway; thence in a generally southwest a rly direction by and along the generally north- westerly line Of said fifteen (15) foot passageway and also Using by and along the generally southeasterly bounds Of said promises s conveyed by said Louis C. Hatch, said Lillian Williams Zimmerman and said Eastern Maine General Hospital. at al., seventy-two (02) feet. r less, to the generally southerly corner Mof said premiss s Conveyed by said Dead of Eastern General pr Spital, at al. dated August 16, 1922; thence i Generally erallyenortbmntlsrly direction by and alone the agenerally Premises s conveyed by Deed Of said astern Maine General Hospital, at al., e hundred five (105) feet. mq or leas, to the point Of beginning. Together with the more to use in comm with others for all purposes of a way said s fifteen (15) foot passageway extending in a generally northeasterly direction from said Water Street and how used a entrance for the premiss hetelnbefore set forth. aBeingt to all nforementione needs to tsaid A. angdao Freese. tandeincluding a the premie sd conveyed to said A. LangdOn Freese by Deed of Thomas Upham Coe, dated October 3, 1912. recorded in said Registry Volume III, Page 248, to all of which reference may be Had for further description and source of title. E%CEPTINC AND RESERVING the promises described in the deed of Garin's Inc. to the Urban Renewal Authority Of the City of Bangor. paten July 31. 1969, recorded in the Penobscot County Registry of Deeds in Volume 2165. Page 237. 95-443 PARCEL T90: A certain lot or parcel of land, together elth a0y buildings thereon. Situate in Said Bangor, Penobscot County, Maine. and more particularly bounded and described as follows, to wit: Beginning at a Point on the westerly aide of Nell Street. now Pickering Square. where the Center line of a party wall, as agreed upon between A. Langdon Freese and Jamb Chasm by Agreement recorded in Penobecat Registry of needs. Volume 1030. Page 347, intersects the westerly street line Of Said s y thanes southerly a said street line o and four tenths 11.41 feet to a point: thence westerly twenty -Seven (27) feet, More r leas. Ou . tiro parallel to the center line Of Said party Mal to the line of a former passageway a established by the division of mea tate of the Bangor Proprietary in two lots OR Main Street and Fish Street as recorded Volume in the Penobscot Registry of Reade, 29, Page 541. thence northerly along said former passageway one Core and four tenths (1.4) feet, Co r less, to a point where the easterly line cf said Passageway intersects the center line Of the aforementioned party wall: thence easterly along said Party wail anter line to the point began at. meaning and Intending to Convey and there is hereby conveyed the South One-half (1/2) of Said party wall. Being the same premises described in deed from R. e. Igoe. Jr. to Bancer Maine Associates dated June 15, 1982 and recorded in Vol. 3294. Page 353.