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HomeMy WebLinkAbout1993-04-26 93-231 ORDERCOUNCIL ACTION Item No. 93-231 Date Aoril 26. 1993 Item/Subject: Authorizing Execution of Municipal Quitclaim Deed -- Mobile Home Located at 91 Hogan Road Responsible Department: Legal The purpose of this item is to replace five outstanding municipal tax liens for unpaid taxes assessed against Mr. Denning's mobile home for City tax years 1986-1990. All liens have matured and have been foreclosed, so that the City now has legal title to Mr. Denning's mobile home. However, the City has not evicted Mr. Denning due to the poor condition of the mobile home, and because we have no interest in placing Mr. Denning out on the street. The attached quitclaim deed conveys title to the mobile home back to Mr. Denning. In return, the City's mortgage will require monthly payments on the 1986-1990 tax arrears. Releasing title to Mr. Denning will also relieve the City of any potential premises liability claims for this property. (cont'd on next page) City Manager Associated Information: Order, Deed l Mortgage Budget Approval: Finance Director Legal Approval: Cite Introduced For _ Passaged ST] First Reading Referral Page 3 of 6 Department Head Manager's Comments: City Manager Associated Information: Order, Deed l Mortgage Budget Approval: Finance Director Legal Approval: Cite Introduced For _ Passaged ST] First Reading Referral Page 3 of 6 (cont'd) Please note that the attached mortgage specifies at 108 annual interest rate. This rate will apply to all taxes, interest, and costs outstanding on April 81 1993. Higher statutory rates on taxes owed under the City's 1986-1990 tax liens apply only to the original tax amount. Accordingly, the 108 rate represents a better return for the City than the higher statutory rates. The amount secured by the proposed mortgage includes the Legal Department's $50 quitclaim dead fee. 93-231 Amig,ed W Coumew Saxi April 26, 1993 CITY OF BANGOR Authorizing execution of Municipal Quitclaim Deed (TITLE.) Mrbtrr . -- Mobile Home Located at 91 Hogan Road, Lot i3 Hv w wr cmm.H aru. atyaaawo.: ORDERED, THAT John Quartararo, Finance Director, is hereby authorized and directed, on behalf of the City of Bangor, to execute a Municipal Quitclaim Deed, a copy of said deed being on file with the City Clerk, releasing any interest the City may have in the mobile home located at 91 Hogan Road, Lot #3, Fowlers Trailer Park in said Bangor, by virtue of undischarged municipal tax liens assessed against the above-described property for the tax years 1986, 1987, 1988, 1989 and 1990. Said Dead shall be directed to Edward Denning. 93-231 ORDER IN CITY COUNCIL Title, April 26. 1993 Passed Aurhooiaiqq Execution of Iu 1 al, eltclaim ate ".`..! Deed - Mobile Rome Located at 91 Hogan Road ITY eRR Lot 93 .............................. Awig,�d to ............................ Councilman 93-231 The CITY OF BANGOR, a body corporate, located at Bangor, County. of Penobscot, State of Maine, for consideration paid, releases to EDWARD DENNING, 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 10x66 Amer -Ari. II mobile home, serial number SN5121FN2186, located at Fowlers Trailer Park, Lot 43 at 91 Hagan Road in said Bangor. Being the same premises acquired by said City of Bangor (by John G. Field, Deputy Finance Director) for unpaid taxes assessed for the tax years 1986, 1987, 1988, 1989 and 1990 by virtue of undischarged municipal tax liens recorded in Volume 3822, Page 288; volume 4024, Page 111; Volume 4230, Page 269; Volume 4442, Page 285; and volume 4647, Page 364 respectively. The purpose of this deed is to release to said Edward Denning any interest the City may have in the above-described property by virtue of unpaid taxes assessed for the tax years 1986, 1987, 1988, 1989 and 1990. The said CITY OF BANGOR has caused this instrument to be sealed with its corporate seal, and signed in its corporate name by JOHN QUARTARARO, Finance Director, thereunto duly authorized, This _ day of April, 1993. Signed, Sealed and Delivered In the Presence of CITY OF BANGOR By John Quartararo Finance Director STATE OF (MAINE PENOBSCOT, as. April _, 1993 Then personally appeared the above-named JOHN QUARTARARO, 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: 93-231 MORTGAGE EDWARD DENNING, being unmarried, of Bangor, Penobacot County, State of Maine for consideration paid, grants to the CITY OF BANGOR, a municipal corporation organized and existing under the laws of the State Of Maine, with MORTGAGE COVENANTS to secure the payment of NINE HUNDRED NINETY TWO AND 11/100 DOLLARS ($992.11) with Ten percent (108) interest per annum from the ninth day of April, 1993 the property in Bangor, Penobscot County, described as follows: A 10x66 Amer-Arl II Mobile Home, serial number SN5121PE2186, located at Fowlers Trailer Park, 91 Hogan Road in said Bangor. This Mortgage is upon the statutory condition, for any breach of which the mortgagee shall have the remedies provided by law. The sum secured by this mortgage shall be due and payable in regular monthly installments of not less than $100.00 each until paid in full; the first such installment being due and payable on June 1, 1993. The unpaid balance of such sums, together with accrued interest, shall be domed due and payable in full upon any sale, conveyance or other transfer of the mortgaged property, including a transfer by devise or intestacy. For this purpose, the phrase --other transfer° shall include any lease of the mortgaged property under a written lease for a term longer than one year, acquisition of the whole or a major portion of the mortgaged property by any Federal, State or municipal governmental authority under a power of eminent domain, or transfer of title pursuant to any tax or private mortgage foreclosure. Mortgagor reserves the right to prepay the a= secured by this mortgage, either principal or interest, in whole or part at any time but any such prepayment shall be in an amount of not leas than Five Dollars ($5.00). All interest accruing under this Mortgage shall be calculated on a daily simple interest basis. This Mortgage is given to secure payment of unpaid real estate taxes by the assessed against the above-described property by the City of Bangor for tax years 1986, 1987, 1988, 1989, and 1990, together with accrued interest, lien charges and coats; the consideration for this Mortgage being the City of Bangor's execution of a Municipal Quitclaim Deed releasing all interests of the City of Bangor in the above described property arising under municipal tax liens duly recorded in volume 3822, Page 288; Volume 4024, Page 111; Volume 4230, Page 269; volume 4442, Page 285; and Volume 4647, Page 364, Penobscot Registry of Deeds; said Municipal Quitclaim Deed to be recorded herewith. WITNESS my hand this _ day of April, 1993 93-231 STATE OF MAINS Penobscot, as. April , 1993 Then personally appeared the above-named Edward Denning and acknowledged the foregoing instrument to be his free act and deed. Before me, Notary Public/Attorney-at-Law Printed Name: