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Home My WebLink About1994-04-25 94-186 ORDERCOUNCIL ACTION Item No. 94-186 Date April 25, 1994 Item/Subject: Authorising City Manager to Execute Deeds Releasing Title to a Portion of "Monroe Street", so-called, to Atlantic Land Company and Coastal Acreage, Inc. Responsible Department: Legal Commentary: As explained in a letter from Alfred G. Mosta, President of Coastal Agency, on behalf of Atlantic Land Company and Coastal Acreage, Inc., see copy attached, the attached Order would authorize a release of the City's interest in the easterly half of a portion of Monroe Street, so-called, lying next to Atlantic Land Company's and Coastal Acreage, Inc.'s properties off of Westland Avenue. Monroe Street was dedicated as a public street upon subdivision of the surrounding land in1926, but was accepted or built. Accordingly, a statutory presumption of abandonment Continued on next page, Department Head Man'a'g"e�r'''1s`` Cczanents: �W-N �N owK _,& Ln y D V � MN4�t3. �a.4YwnW��.129W�WXP� " PI 11 CC11 U ��YYY 1 City Manager Associated Information: Order, Deeds, Letter, Sketches Finance Director City Solicitor Introduced For -.r Passage First Reading Referral Page 1 of 10 applies under 23 MRSA 4 2308, The City's release to Atlantic Land Company and Coastal Acreage, Inc. will clear their respective titles by confirming the legal status of the easterly portion of the Monroe Street right of way. 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 570.00 quitclaim deed fee will be charged for each deed. These conveyances are similar to the one that was approved by the Council earlier this month concerning Dennis and Sane Libbey who reside at 73 Dunning Boulevard, and would have the same effect. 94-186 Assipmdlo Counchn Shubert April 25, 1994 CITY OF BANGOR qqppLYY4yy`,� Authorizing City Manager to Execute Deeds (TITLE,)(TITLE,)@la Releasing Title to a Portion of "Monroe Street^, so -Called, to Atlantic Land Company and Coastal Acreage, Inc. By As City Council of lM City of Raxmw: ORDERED, THAT the City Manager is authorized to execute and deliver to Atlantic Land Company and to Coastal Acreage, Inc. Municipal Quitclaim Deeds, in a form substantially similar to the deeds attached hereto, releasing to both corporations any right, title and interest of the City of Bangor in and to the easterly half of "Monroe Street," so-called, lying adjacent to their respective properties located off Westland Avenue, adjacent to Bangor International Airport, said "Monroe Street, being an unaccepted, unbuilt street. 90-186 In City Council April 25, 1990 O R D E R Pass Title, (City f { City @aec ute gerfor e City Clark io Releasing o a Monroe Releasing Title to a Foa.... of ..... Street HO called to Atlantic Land Company and.. a.x.n............... .. ....... .... .... C ed A�uipiped pto� .....2i!......... .... Comcilmav 94-186 MUNICIPAL QUITCLAIM DEED The City OF BANGOR, a body corporate, located in Bangor, Penobscot County, Maine, for no consideration, releases to ATLANTIC LAND COMPANY, a Maine Corporation with its principal place of business in Brewer, Penobscot County, Maine, the land in Bangor, Penobscot County, Maine bounded and described as follows: BEGINNING at the southwesterly c of Lot No. 14 in Block No. 30, situate in 'Westland Park" accarding to the plan of "Westland Park" made by David J. Mass, CE, for the Graham-Ivere Company dated October 31, 1921, revised January, 1926 and recorded in Plan Book Vol. 13, Page 3, Penobscot Registry of Deeds; said Lot No. 14 being the same premises described as the Second parcel in a deed from Westland Gardena, Inc. to Atlantic Land Company dated August 25, 1993 and recorded in Book - 5421, Page 143, Penobscot Registry of Deeds; Thence southwesterly by an extension of the southeasterly line of said Lot No. 14 a distance of twenty-five feet (25') to the centerline of 'Monroe Street", as shown in the above -referenced plan of "Westland Park"; Thence northwesterly by and along the centerline of said Monroe Street a distance of fifty feet (50'), more or less, to a point opposite the northwesterly corner of said Lot No. 14; Thence northeasterly a distance of twenty-five feet (251) to the northwesterly corner of said .Lot No. 14; Thence southeasterly by and along the westerly line of Lot No. 14 a distance of fifty feet (501), more or less, 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. 14, Block No. 30, 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 a of motor vehicles at public expense for a period of more than thirty years next preceding the execution and delivery of this deed. 94-186 By execution and delivery of this deed, the City of Bangor further relinquishes all rights to any public easement, as defined n Title 23 MRSA 5 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 AREA 9 3028. The said CITY OF BANGOR has caused this instrument to be Baled with its corporate seal, and signed in its corporate name by EDWARD A. BARRETT, City Manager, thereunto duly authorised, this day of , 1994. Signed and Sealed - CITY OF BANGOR In the Presence of By Edward A. Barrett city Manager STATE OF MAINE PENOBSCOT, as. _, 1994 Then personally appeared the above-named EDWARD A. BARRETTE 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-Lew Printed Name: 94-186 MUNICIPAL QUITCLAIM DEEB The City OF BANGOR, a body corporate, located in Bangor, Penobscot County, Maine, for no consideration, releases to COASTAL ACREAGE, INC., a Maine Corporation with its principal place of business in Brewer, Penobscot County, Maine, the land in Bangor, Penobscot County, Maine bounded and described as follows, BEGINNING at the southwesterly corner of Lot No. 13 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. 13 being part of the premises described in a deed from Peter Schwartz to Coastal Acreage, Inc. dated August 25, 1993 and corded in Book 5421, Page 146, Penobscot Registry of Deeds; Thence southwesterly by an extension of the southeasterly line of said Lot No. 13 a distance of twenty-five feet (251) to the centerline, of "Monroe Street", as shown in the above -referenced plan of "Westland Park"; Thence northwesterly by and along the centerline of said Monroe Street a distance of two hundred ninety (2900, more or less, to a point on the southerly sideline of Westland Avenue, as the same now exists, said point lying opposite the northwesterly corner of Lot No. 11 in Black No. 30 as depicted in Plan Book Vol. 13, Page 3, Penobscot Registry of Deeds; Thence northeasterly a distance of twenty-five feet (251) to the northwesterly corner of said Lot No. 11; Thence southeasterly by and along the westerly line of Lot Nos. 11, 12 and 13 in Block No. 30 as depicted in Plan Book Vol. 13, Page 3, Penobscot Registry of Deeds, a distance of two hundred ninety (290•), more or less, 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 Noe. 11, 12 and 13 in Block No. 30, 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. 94-186 By execution and delivery of this deed, the City of Bangor further relinquishes all rights to any public easement, as defined n Title 23 MRSA 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 its corporate seal, and signed in its corporate came by EDWARD A. BARRBTT, City Manager, thereunto duly authorized, this day of , 1994. Signed and Sealed CLTY OF BANGOR In the Presence of By Edward A. Barrett City Manager STATE OF MAINE PENOBSCOT, ss. _, 1994 Then personally appeared the above-named EDWARD A. BARNETT, 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[ 94-186 V BREWER : EW Wall elnaELL&WOPTN35XSham P.O.bee67 so, me Mal Mal" )alMMal D<05 Templonle0al ulMaSul Telephone: W71 M7667-5353 W89 TaMlu: (3Dj PSB B9 Tell IIDn E9)e389 AGENCY Please Healy To: Brewer March 25, 1994 Erik Stoo 1, Esq. City of Bangor City Hall Bangor, ME 04401 Dear Mr. Stumpfel: This letter will serve to follow our phone conversation of this day regarding (discontinued) Monroe Street off Westland Avenue in Bangor. 1 understand that you will be presenting the Bangor City Council with a proposal to release any interest the city may have in Monroe Street to the favor of the abutting property owners. This coil and Atlantic Land Company recently purchased various parcels from Peter Schwartz, some of which border Monroe Street. I an enclosing a copy of a plan that depicts the aforementioned property along with other pertinent material. On behalf of Coastal Agency and Atlantic Land Company, I would like to express our interest in obtaining a release from the city in Monroe Street that abuts our property. Should you require any assistance or further information from us, please contact us at your convenience. Thank you. Yours truly, A red G. Moac P aident Coastal Agency President Atlantic Land CompanyAGNlb 9I Enclosure EERAL DEPAR7R7EN7 SPECIALISTS IN MAINE REAL ESTATE Y 9: OfPT�AN7'ic ,CgND Co. CETT � 0� COASTAL RCRCAGE Snit. ryo ® j'E�frtsGD ,L„4ND��MIFOR�'16RL�/� s � t O N � 1 4 �4 O M ti ST O