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Home My WebLink About1993-05-10 93-262 RESOLVECOUNCIL ACTION Item No. 93-262 Date May 30, 1993 Item/Subject, Ratifying City Solicitor's execution of Release Used for Land off Hammond Street Responsible Department: Legal Commentary: By Council Order 251-N, dated October 23, 1961, copy attached, the City Council accepted a report of the City engineer recommending various sewer assessments for the layout and construction of a new sewer extension from odlin Road to Hildreth Street. Under terms of the Council's Order, payment of the assessments was deferred "until such time as the owner or occupant requests a right of entry into the sewer- thus constructed. Included among these deferred assessments was a $6,449.73 assessment of a property owned by Albion Dorr Sr., located south of the Sammond Street Bulge, totalling 34.64 acres. Subsequently, Mr. Burr executed and delivered to the City of Bangor a "Subordinate Agreement" reflecting the deferred assessments, which was recorded in Volume 1829, Page 205, Penobscot Registry of Deeds. (cont'd on next page) Associated Information Resolve, Release Deed, C.O. #251-N Finance Director City Solicitor Introduced For X Passage First Reading Referral Page 1 of 7 cont'd Since 1961, no occupant or owner of the Darr property has requested a right of entry into the City Dever. Accordingly, the City's assessment has remained unpaid. Recently, Albion Darr, Jr., as executor of his deceased mother's estate, asked the City Solicitor to execute a Release Deed, releasing a 3.87 acre portion of the property concerned from operation of the "Subordinate Agreement", in order to facilitate closing on a sale of the 3.87 re parcel scheduled for April 29, 1993. Mr. Darr tendered a $650 pro -rata payment of the City's 1961 smear assessment, which was accepted by the City Engineer's office as consideration for execution of the Release Deed. The City Solicitor executed the deed and delivered it to Mr. Darr Jr. to enable him to close the sale of the parcel concerned. The attached Resolve would ratify the City Solicitor's action in executing and delivering the Release Deed to Mr. Darn. 93-262 Assigned to Councilor Sullivan, May 10, 1993 CITY OF BANGOR (TITLEJ FW501be,.-Ratifying...Ci4yos.-.Release.... Deed for Land off Hammond Street BY w CRY t!0Untg of W C"y of Snow. RESOLVED. THAT the action of the City Solicitor In executing and delivering a certain -Release Deed" from the City of Bangor to Albion M. Dorr, Jr., dated April 29, 1993, said Deed releasing the 3.81 acre parcel described therein from operation of a certain " Subordinates Agreement" from Albion M. Door to the City of Bangor dated March 8, 1962 and recorded in Volume 1829, Page 205, Penobscot Registry of Deeds, is hereby ratified and affirmed. A copy of said "Release Deed" as executed by the City Solicitor is attached to this Resolve and is incorporated herein by this reference. 93-262 RES0tYE IN CITY COUNCIL May 1D, 1993 Ratifying city Solicitor's Execution of Passed IRelease Oaed for Land off Hammond Street ZY Cily 8 `Frga.11//1(/ ��^ ie JL 93-262 251-N Introduced by Councilor Keith, Oct. 23, 1961 CITY OF BANGOR (TITLE.) ORDER, ACCopti g Report of City Engineer on Industrial Park Tank Sewer Extension to Hildreth Street. By the City Council of the City of Sanger: ORDERED, THAT the attached report of the City Engineer showing the Boats of the construction of the Hildreth Street trunk sewer extension between the Colin Road and Hildreth Street, together with a list of possible assessments be and hereby 1s accepted, and be 1t further. ORDERED, that a date be. set for a public hearing on the proposed aasess- cents. CITY OF BANGOR, MINES Engineering Department October 18, 1961 To& The Municipal Officers Pursuant to Council Order 91-M, passed March 14, 1960, the City Engineer proceeded to lay out and construct a new sewer extending from the Odlin Road to Hildreth Street. This installation was required to comply with an order of the Maine Water Utilities Commission, and the job was awarded to Samuel Aceto Company, the lowest of seven bidders. The work startedMay23rd and was completed November 9th, 1960. The total length of this new construction was 6,580 feet, consisting, of 168 feet of 24" reinfofced concretepipe, 4,818 feet of 18" reinforced concrete pipe, 1,544 feet of 15" reinforced concrete pipe and 50 feet of 12" and 50 feet of S" vitrified clay pipe, together with twentyrone manhole ventilators. The total cost amounted to one hunted twenty-three thousand one hundred sixty eight dollars and seventy cents (8123,168.70) of which 75%, or ninety-two thousand three hundred sevearsix dollars and fifty-three cents ($92,376.53) may be masses. against the property benefited. A list of possible assessments follow$ South or West Side Owner Er nu taae assessment Bangor Real Estate Co. 508' $3,656.79 P.R. of D., Vol. 1683, page 252 Bangor Real Estate Co. 1,501' 10,804.73 s! ' 93-262: RELEASE DEED INHABITANTS OF THE CITY OF BANGOR, a Maine municipal corporation of Bangor, Penobscot County, Maine, for Consideration paid, release to ALBION M. DORS, JR. Of Bangor, Penobscot County, Maine, all of its interest in the premises described 1n Exhibit "A" which interest was acquired by the Grantor herein pursuant to a "Subordinate Agreement" between Grantor and Albion H. Dorr dated March 8, 1962, recorded in the Penobscot Registry of Deeds in Volume 1829, Page 205. IN WITNESS WHEggS�OF, yyh2 Said inhabitants OE the City of Bangor by Erik M Ji �{a.� , its duly authorized representative ,a -into set its nano and seal this 29th day of April, 1993. WITNESS: INHABITANTS OF THE CITY OF BANGOR 0 1 . By t/""u Its G{y STATE OF MAINE COUNTY OF PENOBSCOT, SS. April 29, 1993 Then personally appeared the above named eu n lrl. SRam�rF•L in his said capacity and acknowledged the foregoing inateument to be/his free act and deed. Before me, �.tA$ stye, N Otaiy Pl1b iT C � �a Print Name rvlj ryyTE. 3s':L'. Pi .._.. . 5 93-262 EXHIBIT A The land in Bangor, County of Penobscot, State of Maine, bounded and described as follows, viz. A certain lot or parcel of land situated on the southerly side of Hammond Street, so-called, in the City of Bangor, Count of Penobscot and State of Maine, being more particularly bounded and described as follows: Beginning at a found inrod situated on the southerly sideline of said Hammond Street, marking the northwesterly corner of lands now or formerly of key Bank of Maine, as described in the deed recorded in volume 4565, page 335 of the Penobscot County Registry of Deeds. Thence S 13 deg. 32' 29" W, along said lands of Rey Bank of Maine, a distance of 450.00 feet to a set iron rod; Thence N 76 deg. 27' 31" W, along remaining lands of Albion Dorm, a distance of 300.00 feet to a set iron rod; Thence N 13 deg. 32' 29" E, along remaining lands of Albion Dort, a distance of 585.60 feet to a set iron rod; Thence N 43 deg. 31' 25" E, along r ing lands of Albion Dorr, a distance of 68.98 feet to a set iron rod on the southerly sideline of Said Hammond Street; Thence southeasterly, along a curve to the right and said Hammond Street sideline, a distance of 321.36 feet (said curve also having a radius of 1512.28 feet) to a found highway monument; Thence S 34 deg. 11' 38" P, along said Hammond Street sideline, a distance of S.94 feet to the point of beginning. Containing 3.87 acres, more or less. Being a portion of Lot B as shown on the plan entitled "Standard Boundary survey showing division of the Albion M. Dome Property", dated February 4, 1993 by PLISG4 & DAY Land Survevors. The basis of bearing for this description is the observed magnetic meridian of 1954. 93-262 251-H _ 2 Horth or East Side Charles A Elmer Roberts P.R. of D., Vol. 1550, Page 417 1 299' 29152.31 H. Rankin Grant Frenchman's Bey Realty Co. 52' .374.31 - Barbara Simpson 475* 39419.22 P.R. of D„ Vol. 12451 page 98, Vol. 1494, 19740 12,525.15 page 221, Vol. 1500, page 232 Carl Simpson Li P.R. of D., Vol.. 1143, page 426, Vol. 1208. 11316' 9,473.04 .Page 444,-VOI�4494r Dago 221 Vol. 1500, page 232 Albion Dorr / P.R. of D. Vol. 12009 page 37, Vol. 1494, page 16961 96 3�o1^�//ll e�acy. r'b 61"9.]3 P.R.or eal Estate Co. P.ofRD., Vol. 1683,1,592' page 252 11,459.79 recom It is payment bed that Me above list of assessments be approved for the record but that paymsM be d9 sore until such time as the owner or occupant requests a right of entry Into the sewer, at which time the assessment will be lawfully levied and shall became payable before entry is granted. As a condition for the deferment, oath Property owner Shall deliver to the City Enginser.a recordable Instrument , 9 the .mount of the appv»yrt assac¢muni as an Out liability agaLut hminNe property. Failure on Mo part of airy property owner to deliver a recordable Instrument within 60 do" from the Council approval shall be cause for the assess- sent to be lawfully levied at that tLw and to become payable according to law. A plan showing the various faoMagea is enclosed herewith. Respectfully submitted, James L. Macleod, .. .. City Engineer A true Copy, Attacts CItt CLERI A Public Hafting will b hold in the Council Room, City Halt, MOV. 13, 1961 at RaaO 00t10tk All P.M. APersona be hefttl, if theydesire.ll for or agalmat the aggoval of this aroar may