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Home My WebLink About1994-05-09 94-217 ORDERCOUNCIL ACTION Item No. 94-211 Date May 9, 1994 Item/Subject: Directing City Manager to Take Possession of Lots 3 and 4, Gilman Plaza Subdivision, Tax Map R55, Lots 15C and 15D Responsible Department: See attached Memo to the Finance Committee. At their meeting on May 2, 1994, the Finance Committee recommended approval of this Committee item unless all taxes plus accrued interest and costs are paid 'prior to the City Council's meeting on May 9thi:.. DepexTm Head Manager's Comments: City Manager Associated Information: Memorandum to Finance Committee dated April 26, 1994 with attachments Budget Approval: qq v Final} a Director Legal Approval: nn /,, SCity Sol'c'tor Introduced For Passage First Reading Referral Page of 94-217 AMENDMENT BY SUBSTITUTION Awipied to CommSm May _23, 1994 CITY OF BANGOR Authorizing Execution of Municipal Quitclaim (TITLE.) (®rbV, Deed -- Lots 3 S 4, Gilman. Plaza Subdivision (Tax Map ASS, Lots 15C antl 15D -- Real Estate Account Numbers 59286 and 59287) By W City CON" of as CUP OfByeyor: ORDERED, TEAT . Edward A. Barrett, City Manager, is hereby authorized and directed, on behalf of the City of Bangor, to execute a Municipal Quitclaim Deed, in a form approved by the City Solicitor, releasing any interest the City may have in Lots 3 and 4, Gilman Plaza Subdivision, Tax Map R55, Note 15C and 15D, by virtue of unpaid real estate taxes for tax year 1992. Said Deed shall be directed to Barney Silver and/or Lou Silver, Inc. as successor in title to Carl H. Snow, Sr. 94-21) ,Wiped to Councilor Sullivan May 9, 1994 CITY OF BANGOR (TITLE.) —-Directing the City Manager to Take Possession of Lots 3's 4, Gilman Plaza Subdivision/Tax Map R55, Lots 15C S 15D By Lha City Counall of W Gih KBsspor ORDERETI, THAT the City Manager is hereby directed to take possession of Lots 3 and 4, Gilman Plaza Subdivision, Tax Map R55 Lots 15C and 150, by reason of matured tax liens for unpaid real estate taxes assessed against said lots for FY 1992, said tax liens being recorded in volume 5101 Page 354 (Lot 3) and volume 5101 Page 355 (Let 4) respectively. In City Council meeting Tablea Until May 23 Meeting CE (M C a....�- ity Clu IN CITY COUNCIL May 23, 1994 Passed As Amended by.5ub8titution as Distributed a��JJ -w `/Ym(/mfr CITY CLOCK 94-21] ➢RDCR Title, the City Manager to take possession of Lots 3&4 Gilman Pleas .................................. Subdivision / Tax [Mp R55 Late 15C b ... 15 D ...�..... I ........ �......... ......� lural • � InA/Iae�^®rad io Councilman tiF.M1�oM.. "man owcilmen 94-217 MEMORANDUM April 26, 1994 T0: Finance Committee FROM: -Erik M. Stumpfel, City Solicitor RE: Proposed ACQuisitict.£ lax -Foreclosed Properties The City Finance Director and City Treasurer have recommended that the City Council adopt an Order formally taking title to the three properties listed below. In each case, the property is subject to a matured tax lien for FY 1992 taxes; the taxes concerned remain unpaid; and notices of impending foreclosure were given in a timely manner to the property owners and mortgage holders concerned. In each case, the property owner is also in breach of a City workout agreement with respect to taxes owed on the property concerned. Copies of those agreements are attached. I have also attached copies of current tax printouts and the City's tax map for each property. If recommended by the Finance Committee, my office will prepare a Council Order for final approval at the Council's regular meeting on May 9th. Upon recording, the approved Council Order will provide record notice that the City has taken possession of these properties. 112 Gilman Plaza - Account No. 59286 owner: City of Bangor This property is Lot 3 in The JAC/CO/SAC Subdivision (Gilman Plaza) off of Gilman Road. The City recently recorded an escrow deed to this lot due to JAC/CO/SAC's default of a subdivision Improvement Guarantee Agreement, and how holds title. The City's matured1992 tax lien would provide a second source of title to this lot. 114 Gilman Plaza - Account No 59287 Owner: Carl H. Snow, Jr. This property is Lot 4 in the JAC/CO/SAC subdivision. Despite ample notice, Mr. Snow has failed to comply with the terms of his tax workout agreement. 212 Garland Street - Account No. 88127 ere: Jamee E. and Dawn M. Rn'ght This is Morrison's Bra ervice property. Thia proper the lett of a pending private foreclosure act d July 20, 1993, in which the form , Evelyn ood, is seeking to for se a defaulted mortgage he took back the Knights as past of a 1990 put a e and sale. The Knights have coon seeking to rescin etori ginal tran�3� fin, on grounds that Mrs. Wood m rase d�the good will and going concern Glue <business prior to the 1990 sale.rn v e interim�e of the parties ed have paid the City's 994 tax bills, with a balance of $5,900+ curre wned. Mr. Snow and attorneys for the Knights and Evelyn Wood will be notified of the Committee's May 2nd meeting. l- E.S. mjr pc: John ¢uartararo, Finance Director J. Thomas Hicks, City Treasurer Carl Snow, Jr. Morris D. Rubin, Esq. 94-211 94-217 AGREEMENT This is an agreement between thCity Of uOztBan Bangor taxes )ne tax nlions. property owner (Owner) concerning paymento o a _ property Address: 112 GILMPN ROAD (land) Owner: Carl Snow Jr. Address: 461 Garland Street Bangor,Maine 04401 Tax RcmountA: 59286 Tax Lien Filing Date: June 24, 1992 Book: 5101 Page: 354 Deed of Reference Filing Date: February 5, 1991 Book:4788 Pager 78 Leined Owner:llf different from owner above): Terms: Down Payment: 39.00 Date Paid: 12/27/93 Monthly Payments: 60.00 First Payment Due Date: January 27,1994 Monthly Due Date: 27th day of each month (Final payment may be more or less far interest amount collected 8 due) - _ Whereas the City and the Owner agree that there is a tax lien filed against the Owners property az described above; and, Whereas,the period of redemption has or will expire on December 27,1993; Whereas, the Owner desires to retain ownership of the property described above and to pay the taxes due to the City{ and, Whereas, the Finance Committee o1992the tBangor City into payment authorized tthe Finance Director on November 2, e r far D who a unable to redeem theirs property before theredemption period expires and allowing 6 months for monthly payments, Now, therefore;in consideration of the downpayment and monthly Payments agreed to above, the City agrees not to dispossesso the owner r sell the property described above while this agreement is maintained; the City and the Owner agree that this is as e v r of dispossession and/ or sale of the property only and not a waiverof the automatic foreclosure under Title 36 M.R.S.R.{ that the City has not subordinated its position to any mortgage holder or other party -in -interest concerning the property described aboveq 94-31] administrative] and ofilinghcosts, payment ity willaquit aclain its $70.00for Bated by the tax lien described above to the Owner; and,that should the Owner fail to maintain the agreement the City may, at its option, exercise all rights which accrue totheCity due to automatic foreclosure of the tax lien described above including the sale of the Property without additional notice to the owner, mood gdge�iold�r or other party -in -interest. �� Agreed to9'E h day of December, 1993. For tM1el C/ f armor: owns Director StateofMaine ) Penobscot )ss Personally appeared the above named Carl H. Snow Jr. and acknowledged this instrument to be his (hor)free act and dged.— Beforetme: Dated 12/27/1993 Notary Public/ My commission exxp res:jJ,..:. MRHASLJ. moo"coN State of Maine ) RMUsAp4 IWMA ES - Penobscot )ss NfCONL55WX WIM[9 MPY Personally appeared the above named n/a and acknowledged this instrument to be his (her)free act and deed. Before me: Date: 12/27/1993 State of Maine ) Penobscot )ss Notary Public/ Attorney -pt -Law My commission expires: Personally appeared the abovenamed n/a and acknowledged this instrument to be his (her)free act and deed. Before ms. Date: 12/27/1993 Notary Public/ Attorney -At -Lau My commission expires: AGREEMENT 94-211 This is an agreement between the City of Bangor (City 1 and the property. owner (Owner) concerning payment of outstanding taxes and tax liens. Property Address: 114 OILMAN ROAD (land) Owner: Carl Snow Jr. Address: 461 Garland Street Bangor,Maine 04401 Tax AccounCO: 59260 Tax Lien Filing Bate: June 24, 1992 Book: 5101 Page: 355 Deed of Reference Filing Date: February 5, 1991 BouN:478B Page: 78 Leined Owner:(If different from owner above): Terms: Down Payment: 68.00 Date Paid: 12/27/93 ,Monthly Payments: 110.00 First Payment Due Date: January 279 1994 Monthly Due Date: 27th day of each month (Final payment may bemoreor less for interest amount collected 8 duel ------------------------------------------------------------- -------- Whereas the City and the Owner agree that there is a tax lien filed against the Owner's property as described abavel and, Whereas,the period of redemption has or will expire on December 27, 19931 Whereas, the Owner desire% to retain ownership of the property described above and to pay the taxes due to the Cityl and, 'Whereas, the Finance Committee of the Bangor City Council authorized the Finance Director On November 2, 1992 to enter into payment arrangements for owners who are unable to redeem their property before the redemption period expires and allowing 6 months for monthly payments, Now, thereforelin consideration of the downpaynent and monthly payments agreed to above, the City agrees not to dispossessthe ownero r sell the property described above while this agreement is maintainedl the City and the Owner agree that this is aaa v r of dispossession and/ or sale of the property only and not a waiver of the automatic foreclosure under Title 36 M.R.6.A.1 that the City has not subordinated its position to any mortgage holder or other party -in -interest concerning the property described above; 94-217 administrative] ando filinghcosts, Payment ityreempnt willa" I claim ment of 170.00 interest createdBated by the tax lien described above to the owner; and,that should the owner fail to maintain the agreement the City may, at its optionj exercise all rights which accrue to the City due to automatic foreclosure of the tax lien described above including the sale of the property without additional notice to the owner, mor er or other party -in -Interest. Agreed to 'M1Iz 27th tlay aP Oecen bery 1993. For t oP Bangor. Owner( 8' John ¢cart araro/Finance Director States of Maine ) Penobscot )ss Personally appeared the above named Carl H.Snow Jr. and acknowledged this instrument to be his (her)free act and deed. Before me Dated 12/27/1993 Notary Public/ Attorneyy-At L wK My commission expire s: F State of Maine J AUCHAEJO ROBINSON Penobscot )ss VDIRSB$90N DRABS MAY 5, 1994 Personally appeared the above named n/a and acknowledged this instrument to be his (her)free act and deed. Before me. Date: 12/27/1993 Notary Public/ Attorney -Rt -Law My commission expires: State of Maine ) _ Penobscot )ss pers thisnally instrument appeared tobehhisbove (her)amed free act and acknowledged and deetl Before me. (late: 12/27/1993 Notary Public/ Attorney -At -Law My commission expires: 94-217 N RE 59286 SNOW CARL H SR AB OF 04/26/94 08:20 ORIGINAL AMT 280.34 RE93 LIEN TRANSFER 06/08/93 280.34 RE93 BALANCE .00 RE93 * ORIGINAL AMT 96.80 RE94 BALANCE -1- 48.40 RE94 INT= 2.94 PER DIM= .02 -2- 48.40 RE94 * INT= .56 TOTAL DUE 100.30 ORIGINAL AMT 322.81 TL92 PAYMENT 12/27/93 31.30 TL92 BALANCE -1- .00 TL92 INT= .00 PER DIEM= .09 _2- 291.43 TL92 * INT- 68.58 TOTAL DUE 360.01 ORIGINAL AMT - 326.05 TL93 BALANCE -1- .00 TL93 INT= .00 PER DIEM= .09 -2- 326.05 TL93 * INT= 29.16 TOTAL DUE 355.21 ORIGINAL AMT 279.03 RE92 LIEN TRANSFER 06/19/92 279.03 RE92 BALANCE .00 RE92 * ENTER NEW ACCT TO CONTINUE - E TO END ** ***** ENTER NEW ACCT TO CONTINUE - E TO END ** ***** 94-217 N RE 59287 SNOW CARL N JR AS OF 04/26/94 08:21 ORIGINAL AMT 511.46 RE93 LIEN TRANSFER 06/08/93 511.46 RE93 BALANCE .00 RE93 ORIGINAL AMT 195.80 RE94 BALANCE -1- 97.90 RE94 INT= 5.95 PER DIEM= .05 -2- 97.90 RE94 * INT- 1.14 TOTAL DUE 202.89 ORIGINAL ANT 568.10 TL92 PAYMENT 12/27/93 54.71 TL92 PAYMENT 02/17/94 86.65 TL92 BALANCE -1- .00 TL92 INT= .00 PER DIEM= .14 -2- 426.74 TL92 * INT= 100.42 TOTAL DUE 527.16 ORIGINAL AMT 569.05 TL93 BALANCE -1- .00 TL93 INT= .00 PER DIEM= .15 -2- 569.05 TL93 * INT- 50.89 TOTAL DUE 619.94 ORIGINAL AMT 509.07 RE92 LIEN TRANSFER 06/19/92 509.07 RE92 ** MORE ** N SNOW CARL N JR AS OF BALANCE .00 RE92 ENTER NEW ACCT TO CONTINUE - E TO END ** ***** 96-217 1 L____JI roe YI 'S£/ 2v b6'6 LJ - Vr`i� FV%J arm ib 98'01 / 1- m Y o 4 S5