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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 .................. ))nn))p���yy lyyI��/A/'yy' Fed to ...... fl.4 ^1 .:..................... 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. -