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Home My WebLink About1994-04-11 94-171 ORDERCOUNCIL ACTION Item No. 94-171 Date April 11. 1999 Item/Subject: Authorising City Manager to Execute Dead Releasing Title to a Portion of "Monroe'. Street", so-called, to Dennis S. Libbey and Jayne Libbey, 73 Dunning Boulevard Responsible Department: Legal Commentary: As explained in letter by the City Solicitor, copy attached, the attached Order would authorise a release of the City's interest in the easterly half of a portion of Monroe Street, so-called, lying next to the grantees' property at 73 Dunning Boulevard. Monroe Street was dedicated as a public street, upon subdivision of the surrounding land in 1926, but was never accepted or built. Accordingly, a statutory presumption of abandonment applies under 23 MRSA § 3028. The City's conveyance of its rights will clear the Libbeystitle by confirming the legal status of this portion of the right of way.' The Libbeys have also requested a release of the westerly half of Monroe Street. However, the westerly half of the Continued on next page Depart t Heatl Manager's City Manager Associated Information: Order, Dead, Letters, Sketch Finance Director City Sol'c'tor For Passage First Evading Referral Page 1 of 9 94-171 street has reverted to the Airport as abutting property owner, so prior FAA approval will be required. In that the City has no ownership interest in the easterly half of Monroe Street, no price has been set for the City's conveyance. Our usual quitclaim deed fee (570.00) will be charged. If PAA approval is obtained for a later sale of the westerly portion of Monroe Street, a sale price will be negotiated. Aaeipped to Cassaw Cohen April 11, 1994 CITY OF BANGOR Authorizing City Manager to Execute Deed GIRL) (DrDer,_-.. _ Releasing Title to a Portion of "Monroe Street", so-called, to Dennis J. Libbey and Jayne Libbey, 73 Dunning Boulevard By Uto CBy CmwumW of 04 Oft ofBavM. - ORDERED. THAT the City Manager is authorized to execute and deliver to Dennis J. Libbey and Jayne Libbey a Municipal Quitclaim Deed, in a form substantially similar to the deed attached hereto, releasing to the Libbeys any right, title and interest of the City of Bangor inand to the easterly half of "Monroe Street," -called, lying adjacent to the Libbeys' property at 73 Dunning Boulevard, said -Monroe Street" being an unaccepted, unbuilt street. In City Council April 11, 1994 Passel/ Conflict for Councilor Soucy L,G.�✓8lin.. I Z City Cjork y 94-1)1 0 R D E R Title, Anthorizinn City Ma Nger to Excoute :.................................... Deal Releasing Title to A Portion of rooree Street -'so Called to Dennis . S"i""y'adH z.....tiff"" 3 dwnidg El W. ...... Aeei'pu/d�to /.4 ., ............ Councilmen �'�W' 94-171 The City OF BANGOR, a body corporate, located in Bangor, County of Penobscot, State of Maine, for no consideration, releases to DENNIS J. LIBBSY and JAYNE LIBBEY, both of Bangor, Penobscot County, State of Maine, as joint 'tenants and not as tenants in common, the land in Bangor, Penobscot County, State of Maine bounded and described as follows: BEGINNING at the southwesterly corner of Lot No. 1 in Block No. 30, situate in "Westland Park" according to the plan of "Westland Park" made by David J. Mason, Ce, for the Graham-Ivers Company dated October 31, 1921, revised January, 1926 and recorded in Plan Book Vol. 13, Page 3, Penobscot Registry of Deeds; said Lot No. 1 being the same premises described in a dead from Peter Schwartz and Lillian L. Schwartz to said Dennis J. Libbey and Jayne Libbay dated September 20, 1977 and recorded in Book 2795, Page 161, Penobscot Registry of Deeds; Thence southwesterly by an extension of the northwesterly line of Dunning Boulevard a .distance of twenty-five feet (251) to the centerline of "Monroe Street", asshownin the above -referenced plan of "Westland Park"; Thence northwesterly by and along the centerline of said Monroe Street a distance of two hundred feet (200'), more or less, to a point opposite the northeasterly corner of said Lot No. 1; Thence northeasterly a distance of twenty-five feet (251) to the northwesterly corner of said Lot No. 1; Thence southeasterly by and along the westerly line of said Lot No. i a distance of two hundred feet (2001), more or lees, to the Point of BEGINNING. Meaning and intending to convey, and there is hereby conveyed, all right, title and interest, if any, of the City of Bangor in and to the easterly half of "Monroe Street" lying adjacent to said Lot No. 1, Block No. 30 as described in Book 2795, Page 161, Penbubscot Registry of Deeds, arising by virtue of the dedication of "Monroe Street' as a public way in the above -referenced plan of -Westland Park"; said "Monroe Street" not having been built or accepted as a Public way and not having been kept passable for use of motor vehicles at public expense for a period of more than thirty years next preceding the execution and delivery of this deed. 94-1]1 By execution and delivery of this deed, the City of Bangor further relinquishes all rights to any public easement, as defined in Title 23 NASA S 3026, in the land herein conveyed, and further relinquishes the right to make the land herein conveyed an easement for recreational use pursuant to Title 23 MRSA S 3028. The said CITY OF BANGOR has caused this instrument to be sealed with itscorporate seal, and signed in its corporate name by EDWARD A. BARRETT, City Manager, thereunto duly authorized, this _ day of April, 1994. Signed, Sealed and Delivered CITY OF RANCOR In the Presence of By Edward A. Barrett City Manager STATE OF MAINE PENOBSCOT, as. April _, 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: CITU l_ 94-171 F1`VE`MA1NE *' TO HARLOW STREET LARGER, MAINE O,LVOI LEGAL DEVARRA ENT TEL. 207ANS-MM Erik M. SwEnfel, City Stilciew FAX ao,ry<e+uf 6ruce N. SRNM, ASR City SaliEFOR March 14, 1994 Dennis S. Libbey 73 Dunning Blvd. Bangor, MB 04401 Re: Request to Purchase Portion of Monroe Street Dear Mr. Libbey: As you know, former City Councilor Cliff Bailey has contacted me with your request to purchase a portion of Monroe Street adjacent to your property at 73 Dunning Boulevard. My response to Mr. Bailey's request on your behalf has been delayed pending title research into the parcels concerned. My title research has disclosed that the portion of Bangor International Airport bordering the westerly side of Monroe Street opposite your lot was acquired by the United States of America by eminent domain in June, 1955 during an expansion of Dow Air Force Base. The parcel concerned is identified in the relevant documents at the Penobscot Registry of Deeds as 'Tract D-450." See Book 1488, Page 256, PRCD. The boundaries of Tract D-450 as described in the 1955 takings documents are shown on the enclosed sketch. By description, Tract D-450 borders the westerly line of Monroe Street, as depicted in the 1926 Graham -Ivens Company subdivision plan for "Westland Park.' The enclosed sketch is adapted from that plan. Tract D-450 and other land then constituting Dow Air Force Base was conveyed to the City of Bangor by the United States of America in 1968 and 1969. Tract D-450 lies within the non -aeronautical portion of the BIA property. As such, it is held by the City of Bangor for the purpose of generating revenue to support aeronautical operations. For this reason, any sale of Tract D-450 by the City of Bangor would require prior approval by the Federal Aviation Administration. Because Monroe Street, as depicted in the 1926 Graham -hers Company subdivision plan, has never been laid out, used, built or accepted by the City of Bangor or by other parties as a public o private. street, title to the Monroe Street right-of-way has passed Dennis J. Libbey 94-171 March 11, 1994 Page 2 to the abutting lot owners. In this case, each abutting lot owner has acquired fee title to the land on their side of the center line of the right-of-way. This means that you and your wife are owners in fee of the easterly 25' of the portion of Monroe Street abutting your lot, while the City of Bangor, as owner of Tract D-450, is the owner in fee of the westerly 25' of Monroe Street. The westerly 25' of the Monroe Street right -o£ -way, therefore, is subject to the same use and disposition restrictions imposed an the rest of BIA by the United States of America in 1968 and 1969. FAA approval will be required before the City of Bangor may release its title to the westerly 25' of the Monroe Street right-of-way. Therefore, I have not placed an item authorizing the sale of this land on the City Council's March 16th agenda. If it would be of any help to you, the City may release any claims to the easterly 25' of the Monroe Street right -o£ -way. Please let me know if you wish to pursue this option. In the interim, I will seek permission from the FAA to negotiate a sale and to have the City sell the westerly 25' of the right-of-way. Sincerely, '"I. Erik M. Stumpfel City Solicitor EMS/mjr Enclosure PC; Cliff Bailey Don Soucy Jim Ring, City Engineer Bob Ziegelaar, Airport Director sn It .CI o I -Al , Fieceivp 94-171 ARGENT YLER MAR 221394 L`cia6�L A' EST INSURANCE SINCE 1869 103 3011H MAN STREET P. o. BOX lea BREWER. MAINE. W0120180 TELEPHONE 989-1291 FAX 909.T