HomeMy WebLinkAbout1993-04-26 93-232 ORDERCOUNCIL ACTION 93-232
Item No.
Date April 26, 1993
Item/Subject: Authorising Execution of Municipal Quitclaim Deed
(Deed of Correction) -- Real Estate Located at 746 Stillwater
Avenue -- Tax Map R61, Lot 4D
Responsible Department: Legal
Soon after W.C. Weatherbee 6 Sons, Inc. acquired title, through
Fleet Dank foreclosure proceedings and sales, to various Stillwater
Avenue properties formerly owned by Lucille DeBeck, all 1988 and
1989 outstanding taxes, interest, and fees were paid to the City by
B.C. Weatherbee S Sons, Inc. Prior Quitclaim Deeds or Discharges
have been issued by the City to W.C. Weatherbee 6 Sone, Inc. to
release the City's interest in these properties.
It has been brought to the City's attention, however, that at
least one of the prior liens for 1989 taxes had not been
discharged, nor had a quitclaim dead been issued. In the course of
researching the issues and circumstances, Treasury and Legal staff
determined that a previously recorded Municipal Quitclaim Deed
(cont'd on next Page)
Department Head
Manager's Comments: __..tt
* 4WW 4d1ldn� Me k 4ftl OdP *W (lA.t'J
MWt City Manager
Associated Information: Order
Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced For CONSENT AGENDA
X Passage
First Reading
Referral Page 1 of 5
(cont'd)
concerning a lien recorded for 1988 taxes contained property
description that was materially in error in that it conveyed an
interest in property not covered by the City's lien, For this
reason, a Municipal Quitclaim Deed (peed of Correction) has been
prepared for the Council's approval to correct the prior error.
It was also determined that a City tax lien recorded against
this property for 1989 taxes has not been discharged, although the
taxes concerned have been paid. The attached Deed of Correction
would also release the City's interest arising out of the 1988 and
1989 tax liens.
Aeipmdto Gamedor Blanchette April 26, 1993
CITY OF BANGOR
Authorizing RI[BCUtIOn of Municipal Quitclaim
TITLE.) MCaPCe_.__... ......... .... .........
Deed (Deed of Correction) -- Real estate Located at 746.Stillwater
Avenue -- Tax Map R61, Lot 4D
By aw We Con wif o(W COV OfSaaFm:
[e7778i Nil
TWT Sohn Quartararo, Finance Director, is hereby
authorized and directed, on behalf of the City of Bangor, to
execute a Municipal Quitclaim Deed (Deed of Correction), in a form
approved by the City Solicitor, releasing any interest the City may
have in real estate located at 746 Stillwater Avenue by virtue of a
tax lien recorded in the Penobscot Registry of Deeds in Book 4442,
Page 281. The purpose of said deed shall be to correct an error in
the description contained in a prior Municipal Quitclaim Dead
recorded in the Penobscot County Registry of Deeds in Book 4831,
Page 110, and to discharge a previously undischarged tax lien
corded in the Penobscot County Registry of Deeds in Book 4647,
Page 358. Said deed shall be directed to W. C. Weatherbee a Sons,
Inc.
93-232
O ROER
IN CITY COUNCIL Title,
April 26, 1993
Passed AutfiorizlnQ 8xecutloq of M.QD1g1p3A Quitclaim
L /��� Deed (Deed of Correction) - Reel Estate Located
CI CLERK at, 746 Stillwater Avenue „ Tax �'[yp, }t,61. Lot 4D
..................
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Councilman
93-232
MUNICIPAL QUITCLAIM DEED
(DEED OF CORRECTION)
The CITY OF BANGOR, a municipal corporation organized and
existing under the laws of the State of Maine, located at Bangor
Penobscot County, State of Maine, for consideration paid, hereby
releases to W. C. WEATHERBEE 6 SONS, INC., a Maine corporation
having a place of business in Bangor, Penobscot County, State of
Maine, with QUITCLAIM COVENANT, the land in Bangor, Penobscot
County, State of Maine, described as follows:
Real estate located at orabout 746 Stillwater Avenue
in said Bangor, and more particularly described in
Exhibit "A" attached and incorporated herein by reference.
Meaning and intending to convey the same premises
acquired by said City of Bangor for unpaid taxes
assessed for the year 1988 by virtue of an undischarged
tax lien recorded in the Penobscot County Registry of
Deeds in Book 4442, Page 281.
The purpose of this Deed is to correct an error in the
description contained in a prior deed from the City of Bangor to
W. C. Weatherbee s Sons, Inc. recorded in Book 4381, Page 110,
Penobscot Registry of Deeds, and to release any interest the City
may have in the above-described property by virtue of unpaid real
estate taxes assessed by the City of Bangor for the tax year 1989
and previous years.
IN WITNESS WHEREOF, the City of Bangor has caused this
instrument to be signed in its corporate name and sealed by its.
undersigned officer, duly authorized, this _ day of April,
1993.
Witness: CITY OF BANGOR
By
John Quartararo
Its Finance Director
STATE OF MAINE
Penobscot, sa. April _, 1993
Personally appeared the above-named JOHN QUARTARARO, Finance
Director of the City of Bangor, and acknowledged the foregoing
instrument to be his free act act and deed in his said capacity,
and the free act and deed of said body corporate.
Before me,
Notary Public/Attarney-at-Law
Printed Name:
EXHIBIT "A"
First Parcel: "A certain lot or parcel of land with the
buildings thereon situate in Bangor, County of Penobscot, State of
Maine, bounded and described as follows: Beginning at a steel red
driven into the ground at the newly constituted southeast corner of
the parcel of land located at 744 Stillwater Avenue, thence north-
easterly on a hearing of N 310 37. 12' E"for a distance of 126.15
feet to steel rod driven into the ground adjacent to land now or
formerly owned by Ronald G. Sproul; thence in a westerly direction
along a line at an interior angle of one hundred and five (105)
degrees and zero minutes for a distance of 155.40 feet to a steel
red driven into the ground; thence southerly along a line at an
interior angle of one hundred and seven (107) degrees and thirty
(30) minutes for a distance of 96.07 feet to a steel rod driven
Into the ground; thence in an easterly direction along a line at an
interior angle of eighty (80) degrees and zero minutes for a
distance of 216.4 feet to the point of beginning."
Second Parcel: •'Also, a parcel of land attached to the
western boundary of the before mentioned parcel of land since June,
1976 and being a part of the premises located at 744 Stillwater
Avenue, bounded and described: Beginning at the southwest corner
of the parcel of land first above described, thence in a westerly
direction in prolongation of the line forming the southern boundary
of the said parcel of land fifty-five (55) feet more or less to the
enter of the stream known as Penjajawock to a steel pest on the
bottom and center line or channel of said stream; thence go in a
northerly direction along the center line of said stream a distance
of eighty-nine (89) feet more or less to a steel rod in the bed of
the stream; thence in an easterly direction a distance of 55 feet
and 6 inches more or less to the northwest corner of the parcel of
land first described in this deed; thence in a southerly direction
along the southern boundary of the land to which this parcel has
been attached a distance of 96.07 feet more or less to the point of
beginning. -
Path of the above-described parcels being the same premises
as described in a deed of Roger L. Averill and Irene L. Averill to
Lucille A. BeBeck dated July 30, 1987 and recorded in the Penobscot
County Registry of Deeds, Book 4074, Page 207. -