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Home My WebLink About1989-12-27 90-33 RESOLVEDare 12-27-89V Item No. 90-33 Imm/8abjed: Resolution of Condemnation for Property Located within Area Adjoining Main Street - Responsible Department: Legal Commentary: The purpose of this Resolve is to begin the "perimeter taking" process on an Urban Renewal parcel conveyed to Mt. Desert Associates on August 25, 1989. For further, details, see the Statement of Fact incorporated in the Resolve. K M/'arcr n<He'd Managmi Comments p n / • z /lsg ® >/W Ntal .(B+�vsd�•o' w`+t4 �4w.+fM' co Mane_ �b Associated Information: Budget Approval: Finance Di e Legal Approval City Soliviror Int cad For MPassage ❑ First Reading Fags— of ❑Referral RITLEJ¢SpIU¢ xesoiu„t„ion,,,..ot...c.,onae..mnepion for Proeerty ,Located_ within the Area Adjoining Main Street, a tract owned by the Masonic Temple Association, Development Parcel P-6, and a Nay Formerly Known at Kodsdon Street .. .............. -__-_ ._--. .. .............. .. .........._. By W LUv Coauit of t#e btib MEaxaor: RESOLVED, WHEREAS, pursuant to its duly adopted Community Development Program, the City deems it to be in the public interest to convey the property described on exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the City has previously acquired title to all or most of. the privately -held interests of third parties in the property; and WHEREAS, the City wishes to acquire all remaining interests, if any, of any third party in the property, NOW, THEREFORE, By the City Council of the City of Bangor REsobv=' THAT the City of Bangor acquire by eminent domain, pursuant to its duly adopted Community Development Program, and 30-A M.R.S.A. S 5204, any and all residual or fee interests owned by the — persons Bet -forth in Exhibit a attached hereto and Incorporated herein by reference, and all persons known and undnowa claiming under the aforesaid persons or any of them Bud owners unknown or their heirs, devisees, legal representatives, successors, assigns, grantees, trustees in bankruptcy, receiversdiseixors, creditors, lienors, and any and all other persons unascertained or not, being or uNmown, in or out of the State, and all other persons whomsoever who claim or may claim any right, title, interest or estate, legal or equitable, in the described land, real estate, building, or any other Interest in the described promisee, See Exhibit A 90-33 Assigned to Councilor Sullivan, December 27, y989 _ CITY OF BANGOR RITLEJ¢SpIU¢ xesoiu„t„ion,,,..ot...c.,onae..mnepion for Proeerty ,Located_ within the Area Adjoining Main Street, a tract owned by the Masonic Temple Association, Development Parcel P-6, and a Nay Formerly Known at Kodsdon Street .. .............. -__-_ ._--. .. .............. .. .........._. By W LUv Coauit of t#e btib MEaxaor: RESOLVED, WHEREAS, pursuant to its duly adopted Community Development Program, the City deems it to be in the public interest to convey the property described on exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the City has previously acquired title to all or most of. the privately -held interests of third parties in the property; and WHEREAS, the City wishes to acquire all remaining interests, if any, of any third party in the property, NOW, THEREFORE, By the City Council of the City of Bangor REsobv=' THAT the City of Bangor acquire by eminent domain, pursuant to its duly adopted Community Development Program, and 30-A M.R.S.A. S 5204, any and all residual or fee interests owned by the — persons Bet -forth in Exhibit a attached hereto and Incorporated herein by reference, and all persons known and undnowa claiming under the aforesaid persons or any of them Bud owners unknown or their heirs, devisees, legal representatives, successors, assigns, grantees, trustees in bankruptcy, receiversdiseixors, creditors, lienors, and any and all other persons unascertained or not, being or uNmown, in or out of the State, and all other persons whomsoever who claim or may claim any right, title, interest or estate, legal or equitable, in the described land, real estate, building, or any other Interest in the described promisee, See Exhibit A In City Co it Decenber 27,1989 Passed 90-33 RESOLVE Resolution of Conti ation for Property located witn:n the area adjoining Main Street, a Tract cw S by tbs Masanic Ta le Assxiation ULNeIo t P 6 and a way fly k as ttodsdor. St. ar��or�z Excluded from this taking is any interest in said Parcel conveyed to Mt. Desert Associates, a Maine partnership, d/b/a "Downtown Development Group", by Municipal Quitclaim Deed dated August 25, 1989, recorded in the Penobscot Registry Of Deeds in Volume 4510, Page 350. BE IT FURTHER RESOLVED, TRAT inasmuch as the interests acquired herein are those remaining after prior acquisitions of the City, the amount of damages constituting just compensation for the acquisition of the entire fee simple interest in the above-described property is $1.00, except as to a 16' x 20.16' piece of the described parcel located to the rear of the former Dora C. Broder lot adjacent to the Masonic Temple Association property, not previously acquired by the City, title to which is unknown; for which the a= of $327.00 is awarded as damages constituting just compensation for the acquisition of the described price. STATEMENT OF PACT: 30-A M.R.S.A. S 5204 authorizes municipalities to acquire by eminent domain property, or interests therein, in designated slum or blighted areas. In order to exercise this power, the Bangor City Council must first adopt a "Resolution of Condemnation" to be served upon the property owner(s). Afters rvice is completed and a public hearing advertised and held, the Resolution is resubmitted to the City Council for its approval or disapproval. Condemnees who receive personal notice then have three months in which to appeal the City's taking; condemnees who do not receive personal notice have twelve months in which to appeal the City's taking. The purpose of this eminent domain action is to acquire any private interests outstanding in the premises after previous acquisitions by the City of Bangor. The purpose of the present acquisition is to clear title to a small piece of the "B-4" redevelopment parcel which was not included when this parcel was originally acquired by the City. The piece affected is a 16' x 20.16' piece of one unclear, based olotssearche errecoregal-tthee-to-whcot Co unclear, based on a search of records at the Penobscot County Beginning at an iron bolt marking the intersection of the southeasterly line of Main Street and the north- easterly line of the former Hodsdon Street, now discontinued; said iron bolt, having coordinates Horth 352,172.748, Hast 429,188.646, Maine Coordinate System, 1927, Bast Zone; Thence by and along the southeasterly line of Main Street north 200 18. 32" Bast a distance of 101.73 feet to an iron bolt marking the northerly corner of the lot herein described and the southwest corner of property owned by the Masonic Teeple Association, said corner having coordinates Worth 352,268.158, Hast 429,223.956, Maine Coordimm System, 1927, Hast Zone; Thence South 690 17. 28" Heat by and along the south- westerly face of the former party wall on the former division line between property of the Masonic Temple Association and property of Dora C. Broder, predecessor in title to the Grantor herein, and along the ease line extended, a distance of 104.16 feet to aniron bolt on the westerly line of property described in a deed from the City of Bangor to Haymarket Associates dated. August 15, 1986, recorded in Penobscot Registry of Deeds in volume 3877, Page 199, said bolt marking the easterly corner of the lot herein conveyed, said comer having coordinates North 352,231.325, east 429,321.286, Maine Coordinate System, 1976, east zone; Thence South 200 18' 32" West, parallel to Main Street, by and along said westerly line of Haymarket Associates, a distance of 127.41 feet to an iron bolt on the north- easterly line of the former Hodedon Strut, said bolt marking the southeasterly comer of the lot herein conveyed, said corner having coordinates North 352,111.8350 Haat 429,227.165, Maine Coordinate Systes, 1927, Hast Hone; Thence North 550 28• DO" West by and along the northeasterly line of the former Hodadon Street, a distance of 107.45 feet to the place of beginning. Containing 11,932.5 square feet, mom or less F. Drmmuond Freese and Merchants National Bank of Bangor, Trustees under the Will of Carrie D. Cushing F. Drummond Preece individually Barbara P. Schulman Mary F. Cavan A. Langdon Freese Ruth D. Colley and George F. Peabody, Executors under the Will of Henry Drummond Ruth D. Colley individually Charlotte D. Meinecke Marjorie B. Drummond Elisabeth Drummond Gleason Pauline Drummond Powell Paul W. Freese Esther A. Freese William A. Freese John D. Freese Rather F. Tardy Langdon J. Freese Mildred L. Freese Gail M. Freese Andrew J. Freese Dorothy Freese Dearborn Charles E. Milan Bridget C. Milan Heirs Thomas A. Sing Janet Boy Sing Ung Sim nun Barry T. Ung xim C. Ung Dora C. Broder and Heirs of John B. Poster, unknown Mary Catherine Howard John McGaw Poster Exhibit B Owners or Others y n Interest in the Property F. Drmmuond Freese and Merchants National Bank of Bangor, Trustees under the Will of Carrie D. Cushing F. Drummond Preece individually Barbara P. Schulman Mary F. Cavan A. Langdon Freese Ruth D. Colley and George F. Peabody, Executors under the Will of Henry Drummond Ruth D. Colley individually Charlotte D. Meinecke Marjorie B. Drummond Elisabeth Drummond Gleason Pauline Drummond Powell Paul W. Freese Esther A. Freese William A. Freese John D. Freese Rather F. Tardy Langdon J. Freese Mildred L. Freese Gail M. Freese Andrew J. Freese Dorothy Freese Dearborn Charles E. Milan Bridget C. Milan Heirs Thomas A. Sing Janet Boy Sing Ung Sim nun Barry T. Ung xim C. Ung Dora C. Broder and Heirs of John B. Poster, unknown Mary Catherine Howard John McGaw Poster