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HomeMy WebLinkAbout1994-02-14 94-93 ORDERCOUNCIL ACTION Item No. 94-93 Date 2-14-94 Item/Subject: ORDER: Authorizing the City manager to execute a Release Deed to S. Robert Beaumont and Ruth S. Beaumont Releasing Title to a Portion of "Park Lane", so-called Responsible Department: Legal See Attached Associated Information: Finance Director ILAA city sol'c'tor Introdu ed £or Passage First Reading Referral Page 1 of 6 Department Head manager's Commmeata: Associated Information: Finance Director ILAA city sol'c'tor Introdu ed £or Passage First Reading Referral Page 1 of 6 94-91 Avipedto CouncOor Blanchette February 14, 1994 Alb CITY OF BANGOR (➢TLE.) "r Authorizing the City Manager to execute a Release Deed to S. Robert Beaumont and Ruth J. Beaumont Releasing Title to a Portion of "Park Lane", so-called BY as ah CouseU efae Cly efDmssff: ORDER®, THAT The City Manager is hereby authorized, o behalf of the City of Bangor, to execute and deliver a certain "Release Deed', a copy of which is attached to this Order, releasing to S. Robert Beaumont and Ruth J. Beaumont of Bangor any right, title, or interest of the City of Bangor in and to a portion of an unbuilt, unaccepted street known a -Park lane" adjacent to the Beaumonta' property at 119 South Park Street. IN CITY COUNCIL 94-93 February 14, 1993 0 R.0 E R Pas Title, Authorizing the City Manager to execute CIq,Y nav a Release Deed to S. Robert Beaumont and Ruth J. Beaumont Releasing Title to a Portion of "Park Laos", so celle'a: ' "' ...................................... 0. P.. . ........... Councilman 94-93 The attached Council Order would authorize the City Manager to execute and deliver a release deed, releasing any interest of the City of Bangor in a portion of "Park Lane", an unbuilt, unaccepted street in the Broadway Park area. As shown on the original 1835 lotting plan for Broadway Park, recorded at the Penobscot Registry of Deeds, Park Lane was originally planned to extend from Pine Street to Broadway, at a location 100 feet south of South Park Street. A sketch, based on the City's tax map, is attached. Records in the City Engineer's office indicate that Park Lane was never built nor formally accepted by the City of Bangor, nor has it been kept open for passage of motor vehicles at public expense for any part of the past 30 years. Accordingly, to the extent that the City of Bangor might otherwise claim any public dedication rights over the Park Lane right-of-way, the City's rights are deemed abandoned under Maine's local highway law, 23 MRSA 5 3028. The Release Deed attached to the proposed Council Order would formally release to S. Robert and Ruth J. Beaumont any public rights In the portion of the Park Lane right of way abutting their lot at 119 South Park Street. The Beaumoats are currently being taxed by the City as Owners of the land concerned. The City's Release Deed, upon recording, would serve to clear the Deanmonts' title. Because the City has no actual interest in the land concerned, no purchase price is contemplated by the attached Order. The Beaumonts will be responsible for payment of the City's 570.00 quitclaim deed fee. 94-93 EMERGE DEED ' The CITY OF BANGOR, a municipal corporation organized and existing under and by virtue of the laws of the State of Maine and located in Penobscot County, Maine, releases to S. ROBERT BEAUMONT AND RUTH J. BERUMONT, husband and wife, both of Bangor, Penobscot County, Maine, as joint tenants, the land in Bangor, Penobscot County, Maine, described as follows: Beginning at the southwesterly corner of lot Numbered Seven (7) according to a plan of Broadway Park and lots made by J. Prescott, and recorded in Penobscot Registry of Deeds, Plan Book No. 1, Page 53; thence easterly following the southerly line of lot Numbered Seven (7) and lot Numbered Eight (8), 48 feet, more r less, to the westerly line of Pine Street so-called; thence southerly by the westerly line of Pine Street, thirty- one and one-tenth (31.1) feet more or lees to the northerly line of land formerly owned by Harry W. Libbey and now of Rodney G. McKay at us, thence westerly by the northerly line of land formerly of said Libbey and now of Rodney G. McKay at us, 4B feet, more r less to the westerly line of said lot Numbered Seven (7) extended; thence northerly by said westerly line of lot Numbered Seven (7) extended thirty-one and one- tenth (31.1) feet more or less to the point of beginning. Meaning and intending to convey and hereby conveying all title and interest, if any, of the City of Bangor 'and to a portion of the land formerly designated as Park Lane' lying northerly of Lots 7 and 14 as shown in Dean's Plan for Ham 6 Hill recorded in Plan Book 3, Page 45, Penobscot County Registry of Deeds, and as described in the deed from Hudson R. Berce and Judith G. Berne to Rodney G. McKay and Sharon A. McKay dated October 21, 1971 and recorded in Penobscot County Registry of Deeds in Volume 2230, Page 118. EXCEPTING AND RESERVING from the land herein released all right, title and interest of the City of Bangor in and to the right-of-way of Pine Street, together with any public sewer, storm s r drainage easements now existing upon the above-described land. a WITNESS the following signatures and seals: S. Robert Beaumont Ruth T. Beaumont STATE OF MAINE PENOBSCOT, as. 1994 Then personally appeared the above-named S. ROBERT BEAUMONT AND RUTH S. BEAUMONT, and acknowledged the foregoing instrument t0 be their free act and deed. Before me, Notary Publlc/Attorney-at-Lav Printed name: B R O A 0 W A Y f A! SOUTH PARK P A R K 4.4 A! sv w� 94-9J Emu Box mint J � ww0 0 P A R K 4.4 A! sv w� 94-9J