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.