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Home My WebLink About1994-09-12 94-401 ORDERCOUNCIL ACTION Date Sentember 12, 1994 Item No. 94-401 Item/Subject: Directing. the City Manager to Execute a Deed Releasing City's Interest in a Parcel of Land Near Rildreth and Milk Streets Responsible Department: Community 6 Economic Development Dept. Benjamin Grant has requested that the City release any interest in an 80 -foot strip of land located east of the parcel occupied by -Grant's Dairy at.the-intersection of Rildreth Street North and Milk Street. AN noted in the attached Memorandum. City Solicitor Erik Stumpfel has determined that the City has no remaining interest in such land. Therefore, the release deed will formalise this determination. S_2jj/Jg,6�///////([[[.��/nom Depa tenant Reai d Manager's Comments. 4C ty Ranger Associated Informationt Me., droP d+Ad i 410611 `bar¢ dW City Solicitor vu X passage _ First Reading Page i of _j_ Referral - _ Finance Director Legal Approvals City Solicitor vu X passage _ First Reading Page i of _j_ Referral - 94-401 Ae®pied [o Csundw Baldaccl September 12, 1994 CITY OF BANGOR (TITLE.) VYTI�BK� Directing the City manager to execute a Deed _. VY .- _. ........ .. Releasing City's Interest in a Parcel of band Hear Hildreth and milk Streets .. ........... _._."-___.. ........_. ___ ................ __. BY tea City Cwnnl o(tee GitY ofBaryor: ORDERED. ' THAT wptz E , in 1955, the City of Bangor acquired an interest in an eighty foot strip of land located east of land now owned by Benjamin E. Grant near Hildreth Street Borth and; WHEREAS, the City did not exercise any rights to utilize such land as a road and; WHEREAS,'the City's easement expired in 1985 by passage of a 30 -year period without public maintenance and; WHEREAS, Benjamin E. Grant has requested that the City release any interest it may have in this 80 -foot strip. of land and; WHEREAS, a release deed will confirm that there is no longer any public interest in this strip of land. THEREFORE, BE IT ORDERED THAT the City manager is directed to execute a dead releasing the City's interest in such land to Benjamin E. Grant. In city Council September 13.1994 Passed cit lar k, r 0 R9D EtlR Titley Directing the City Manager to Execute a Deed parcel EofelLand near ctlyi'aldreth and Milk �[a .... ..unci Councilman i f4 - August 30, 1994 TO: Ken Gibb, Director of Community a Economic Development Department FROM: Erik Stumpfel, City Solicitor RE: Grant's Dairy - Mildred Street North 94-401 I have found no evidence in my file or at the Penobscot Registry of Deeds that the City ever released to Benjie Grant the Portion of the 80' right-of-way abutting the easterly line of his lot on Rildreth Street North. Although 1 recall that it was discussed at the time, nothing in, our October 12, 1990 agreement with Mr. Grant requires the City to release its interest in any portion of the easterly 80' right-of-way. Nonetheless, I have drafted a deed for this purpose, in the event the Council wishes to approve a release of this land. A copy of the draft is attached. Reviewing my files and title notes, it appears that the City never acquired any interest other than a surface easement in either Mildreth Street or the easterly 80' right-of-way. Roth - rights-of-way were reserved asprivaterights-of-way by the Bangor ,(chamber of Commerce in 1952. (Vol. 13661. Pg. 212, Penobscot Registry of Deeds). The City did not acquire its interests until 1955. By law, the City's surface easement was extinguished as to the easterly Sight -of -way in 1985, by passage of a 30 year period without public maintenance. Our release deed would merely confirm that there is no longer any public interest in the easterly right-of-way. tc Attachment 94-401 DRAFT RELEASE DEED The CITY OF BANGOR, a municipal corporation organized and existing under and by virtue of the laws of the State of Maine, for consideration paid, releases to BENJAMIN E. GRANT of Holden, Penobscot County, Maine, the land in Bangor, Penobscot County, State of Maine described as follows: BEGINNING at an iron rod set at the southeasterly comer of the parcel of land conveyed by C. Charles Lumbert to Benjamin E. Grant, grantee herein, by Warranty Deed dated August 1, 1990 and recorded in volume 4695, Page 250, Penobscot Registry of Deeds; Thence North eight degrees, twenty-six minutes, fifteen seconds West (N 80 26' 15" W) by and along the easterly line of the parcel conveyed in volume 4695, Page 250, Penobscot Registry of Deeds a distance of eight hundred seventy-two and two tenths feet (872.2'),a or less, to a point on the sideline of the Milk Street right-of-way, so-called, said point also being the southeasterly comer of the first parcel described in the Quitclaim Beed from Benjamin E. Grant to the City of Bangor, grantor herein, dated October 12, 1990 and recorded in volume 4735, Page 22, Penobscot Registry of Deeds; Thence North eighty-two degrees, sixteen minutes, zero seconds East (N 820 16' 00" E) by and along the southerly sideline of the Milk Street right-of-way a distance of eighty feet (80.01) to a point on the easterly line of the second parcel described in the Quitclaim Deed from Pine Tree Realty Corporation to the City of Bangor dated December 22, 1955 and recorded in volume 1523, Page 99, Penobscot Registry of Deeds; Thence South eight degrees, twenty-six minutes, fifteen seconds East (S 80 26' 15" E) by and along the easterly line of said soand parcel as described in Volume 1523, Page 99,Penobscot Registry of Deeds a distance of eight hundred seventy-two and two-tenthe feet (822.21), more or less, to a point; Thence South eighty-one degrees, forty minutes, thirty seconds west (S 810 40' 30" W) a distance of eighty feet (BO.G'), more or less., to the Point of BEGINNING; x::;ov Being -southerly 872.2 feet, more nr less, of an eighty -foot (80.0'). wide strip of land lying, adjacent to land of the grantee described in volume 4695, Page 250, Penobscot Registry of Deeds; Also being a portion of the second parcel described in the Quitclaim Deed from Pine Tree Realty Corporation to the City of Bangor dated December 22, 1955, and referenced above. 94-401 meaning and intending to convey, and there is hereby conveyed, all right, title and interest of the grantor in and to that portion of the second parcel described in volume 1523, Page 99,.Penobscot Registry of Deeds, lying adjacent to land of the grantee herein as described in volume 4695, Page 250, Penobscot - Registry of Deeds; excepting an eighty foot by eighty foot (80.0' x 80.01) portion at the extreme northerly and of said second parcel, which eighty by eighty foot portion is retained by the grantor as a Portion of the milk Street right-of-way. 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 , 1994. - Signed, Sealed and Delivered In the Presence of `. CITY OF BANGOR By Edward A. Barrett City Manager STATE OF MAINE Penobscot, es. , 1994 Then personally appeared the above-named EDWARD. A. BARRETT, City Manager, 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: 94-401 TAX MAP R -B - - It A. L BANGOR CITY .- u TAX MAPS 'z (PORTION) - MrlkLStreet right-of-way conveyedto Penobscot Reg. £.neaae GRANT'S DAIRY (80. de) LoBea;akin (Parcel Owner: Parcel to -be _Grant) -._.x released to Ben' R 3 " ® Grant 1BO' X 872.2' 2 isA AS portion of O second parcel_p 2 Vol. 4695, pg. desc. in .vola. 250, Penobscot 1523, pg. 99 ~ F Penobscot W Reg. of Deeds Reg. of Deeds W 50 PIPELINE X EASEMENT m NARDEN'S INC. __ r aa. A: - 0 a 3P AI- {P SCALP a