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Home My WebLink About1992-12-28 93-84 ORDERCOUNCIL ACTION 93-84 Item No. Date December 28, 1992 Item/Subject: Authorizing Execution of Municipal Quitclaim Deed -- Real Estate Located at 40 Vine Street Responsible Department: Legal During acxent title examination of property at 40 Vine Street, attorney Gary Norton discovered 3 undischarged tax collector's deeds recorded by the City of Bangor in 1935, 1936 and 1937 affecting 40 Vine Street and seven other nearby properties. These deeds Were not cleared at the time the current owners of 40 Vine Street, John and Carolyn Foley, acquired title in 1976. Accordingly, attorney Norton has asked the City to issue a quitclaim deed to the Foleys releasing the City's interest in this property. The City's tax and assessing records do not show a current unpaid balance due for taxes on the 40 Vine Street property. We also are not carrying this property as City -owned. Accordingly, I would recommend that attorney Norton's request be granted. canted on next page ,: (z-/DeW—pp[ar_/"Wtme�nt �N�jead YYY (•��lllll lam' city manger e" Associated Information: Order, Quitclaim. Deed, St statute I Letter Budget Approval: r ance Director Legal Approval: / p /� City Sol'c'tor Introduced for New Business A Passage -£g."A. First Reading - 7 Referral Page 1 - of __ 93-84 Authorizing Execution of Municipal Quitclaim Used 40 Vine Street (cont'd) The Council should be aware that this item differs somewhat from similar requests involving undischarged tax lien certificates. Under the current Maine statute, Title 36, M.R.S.A., an undischarged tax lien certificate by itself does not show that the City took the appropriate steps to foreclose its tax lien at the time the lien matured. Accordingly, our policy has bean to issue quitclaim deeds routinely in such cases, where the City's records do not show anoutstanding tax balance or any action by the City to foreclose the lien or to otherwise assert title. Under the tax collector's deed procedure, however, the recording of thetax collector's deed upon expiration of the statutory redemption period is Drina facie evidence that the taxes concerned remain unpaid and that the purchaser recording the deed has taken all steps necessary under the statute to perfect title. See 36 M.R.S.A. S 1083,copy attached. (This provision was in force in similar form in the 1930x.) For this reason, the City's practice with respect to undischarged tax collector's deeds has been to consider each item on a case-by-case basis. Accordingly, the attached item has been placed on the Council's regular agenda for consideration. 93-84 Aayned to Couneilor Stone, December 28, 1992 ��I CITY OF BANGOR (TITLE.) (®x3er,11 1. Authorizing Execution of Bunic pal Quitclaim Deed ........ -- Real Estate Located at 40 Vine Street By W City Courant of W CBy of Be .- ORDERED, THAT John Quartaraio, Finance Director, is hereby authorized and directed, on behalf of the City of Bangor, to execute a Municipal Quitclaim Dead, a copy of which is on file with the City Clerk, releasing any interest the City may have in the real estate located at 40 Vine Street in said Bangor by virtue of undischarged collector's deeds assessed against the above-described property for tax years 1932, 1933 and 1934. Said Deed shall be directed to John A. Foley and Carolyn J. Foley. 93-86 ORDER IN CITY COUNCIL Title, - I' December 28. 1992 Passed Authoiizing Execution Of Nunicly 1 Qultclgim W( ••Deed 1(;af*$sfate'fjceied�ai 4d Wi ;'Street CITY LBRR ...................................... —&Lw Q. AmiignedLe . Councilmen 93-84 MUNICIPAL OUITCLAIN DEED The CITY OF BANGOR, a body corporate, located at Bangor, County of Penobscot, State of Maine, for consideration paid, releases to JOSE A. FOLEY ansi CAROLYN J. FOLEY, as joint tenants, both of Bangor, Penobscot County, State of Maine, all its right, title and interest in and to certain property located in said Bangor and more particularly described as follows: A certain lot or parcel of land with the buildings thereon, situate on Vine Street in said Bangor and being lot numbered twenty-five (25) according to a plan of lots made for George Savage on October 2, 1864 and recorded in Penobscot Registry of Deeds, Plan Book 2, Page 49, said lot measuraing sixty-three and one-fourth (63 1/4) feet on Vine Street and extending back, holding the same width, one hundred (100) feet, according to said plan, reference to he had thereto for a further and more particular description. Being the same prenises described in a Warranty Deed from Alta L. Davies to John A. Foley and Carolyn J. Foley, dated July 6, 1976 and recorded in the Penobscot Registry of Deeds in Volume 2668, Page 348. The purpose of this deed is to release any interest the City may have in the above-described property by virtue of undischarged tax collector's deeds assessed against the property for the years 1932, 1933 and 1934 recorded in Volume 1084, Page 110; Volume 1110, Page 9 and volume 1110, Page 284 respectively. The said CITY OF BANGOR has caused this instrument to be sealed with its corporate seal, and signed in its corporate name by JOHN QBARTARARO, Finance Director, thereunto duly authorised, this day of December, 1992. Signed, Sealed and Delivered In the Presence of CITY OF BANGOR By John Quartararo Finance Director STATE OF MAINE PENOBSCOT, as. Detaches _, 1992 Then personally appeared the above-named JOSE QOARTARARO, Finance Director, 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: 93-84 NORTONSWEEKS Caryl. Norton, Esq. Law Offices Telephone (207)942-3426 Paul A.Weeks, Esq. Suite 203 Telecopier (207)941-8501 23 Water Sweet Bangor, ME 04401 December 18, 1992 „:+✓ G.a3 N 0 2 1 $'2 LEGAL DVAkfnlMT Erik M. Stumpfel, Esq. East. City Solicitor City Hall - 73 Harlow Street Bangor, ME 04401 Re: John A. Foley and Carolyn J. Foley Dear Erik: As I indicated to you on the telephone, I have examined the indices at the Penobscot county Registry of Deeds relating to the above property. Regrettably the original Abstract of Title has been misplaced and the only thing I have to rely on is a 1976 Title Opinion rendered by Winfred A. Stevens, a copy of which is enclosed. I have enclosed copies of the Tax Collectors Deeds for Resident Real Estate recorded in the Penobscot County Registry of Deeds at Volume 1084, Page 110, Volume 1110, Page 9 and Volume 1110, Page 284. As these are tax collectors deeds that are held for a period of two years and then recorded, I am concerned that there may be an outstanding interest in the City of Bangor, although I must agree with Mr. Stevens' assessment that the deeds are unclear and self- contradictory. The property is not referred to as Plan Book 2, Page 49 and seems to be included yet excluded in the description of the deeds. Nevertheless, the recording of the deed is prima facie evidence that the municipality complied with statute and, in my opinion, places a cloud upon the title. The certificate sued by the Treasurer of the City of Bangor, W. L. Weymouth, on February 13, 1956 is not available to me. My title insurance company's resident counsel indicates that if a municipal quitclaim deed is obtained from the City of Bangor to the present title holders, we can dispense with examining the indices at the Penobscot County Registry of Deeds from 1935 to present. 93-84 December 18, 1992 _ Page 2 Therefore, for your information I am including photocopies of the three deeds in question, the present legal description of the property, a copy of the July 9, 1976 opinion from Winfred A. Stevens, and a photocopy of the mortgage inspection sketch. is that unless this fails to meet with your 1 prepare municipal quitclaim dead and put it ounsel an December 28, 1992. If you require the r the preparation of the municipal quitclaim dvise me. yours