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HomeMy WebLinkAbout1993-08-09 93-392 ORDERCOUNCIL ACTION Item No. 93-392 Date August 9, 1993 item/Subjectx Authorizing Acquisition of Land Located Adjacent to City Tax Nap 53, Lots 214 and 216A, for City School Purposes Responsible Department: Legal Commentary: This Order would condemn and acquire a recorded private right of way that has prevented completion of the City's Garland Street School project. The right of way was created in 1951, prior to the City's acquisition of the land.. concerned, and is not currently in active use as a right of way. The City and the Gordons, owners; of the abutting real estate, have to date been unable to agree upon a satisfactory arrangement for extinguishing the Cordons' interests in the right of way. Council action Is necessary to permit completion of the Garland Street School project. Department Head Manager' 6 Comments}i-Tj QA.iOr/ahY.U4n\, 1 ppp _ ,. A Cit Hager Associated Information: Order Finance Director Legal Approval: City Solicitor Introduced Per Passage First Reading Referral vP F++w^"4 Page I of 4 93-392 Assigned to Couneflor Stone, August 9, 1993 _ CITY OF BANGOR �p Authorizing Acquisition of land Located Adjacent (TITLE.) Orlmr.......... _ ......... ........... 1. 1....... ....... to City Tax Map 53, Lots 214 and 216A, for City School Purposes By W Wry Cot l ofthe aW of Beaver. ORDERED. THAT WHEREAS, the City of Bangor, through the Bangor School Department, is currently engaged in a project to expand facilities appurtenant to the City's Garland Street School, including construction of a tennis court and related facilities on adjacent land owned in fee by the City of Bangor; and WHEREAS, title to a portion of the land owned by the City of Bangor designated as the site of the new tennis court is encumbered by a private right of way originally created by virtue of a deed from Christine C. McEwen to Mary Louise Lintott and Katherine Beck Hodge dated March 29, 1951 and recorded in Volume 1342, Page 153, Penobscot Registry of Deeds; and WHEREAS, said private right-of-way has not been used for the purposes recited in said deed for a number of years, and is currently occupied and obstructed in part by a barn and garden used and held by owners of an abutting residence; and WHEREAS, negotiations between owners of the abutting residence concerned and the Bangor School -Department have not produced a satisfactory resolution of the title issues created by the record existence of said private right-of-way across the City's land; and WHEREAS, resolution of the title issues thus created is necessary ary to permit construction of the planned tennis court within the term of the current construction contract between the Bangor School Department and its project contractor; and WHEREAS, the foregoing recitals constitute a 'public exigency" within the meaning of Title 23 MRSA 8.3023, 93-392 NOW, THEREFORE, By the City Council of the City of Bangor, be it ORDERED, THAT pursuant to Title 30-A MRSA S 3101 and 23 MRSA S 3023, the City of Bangor hereby condemns and acquires for public School purpoeeB any and all private rights-of-way or other private rights now existing in and to the parcel of land located in Bangor, Penobscot County, State of Maine, described as follows, Beginning at a point on the westerly line of Otis Street, said point also being four hundred twenty and sixteen hundredths (420.16) feet northerly from the northerly aide line of Garland Street, and at the northerly end of said Otis Street as laid out and shown On a plan recorded in Plan Book &3, Page 11 in the Bangor City Engineer's office; Thence northerly on a straight line which is a continuation of the said westerly line of Otis Street for a distance of about three hundred (300) feet to the northerly line of property now or formerly owned by Leonard H. Gordon Jr. and J. Lynn Gordon of Bangor as described in Volume 3505, Page 300, Penobscot Registry of Deeds; Thence easterly and at right angles to the last described line a distance of fifty (50) feet; Thence southerly and parallel to the first described line for a distance of about three hundred (300) feet to the end of the easterly line of Otis Street as now laid out; Thence westerly for a distance of fifty (50) feet to the point of beginning. Meaning and intending to describe a lot or parcel of land fifty (50) feet wide and three hundred (300) feet long, which is a continuation of Otis Street as now laid out; and which was formerly granted as a private right-of-way, for use by said Mary Louise Lintott and Hatherine Beck Hodge for all - purposes for ingress and egress to property then Owned by them lying westerly of and adjacent to the above described right-of-way; and being the same parcel of land described in Volume 1342, Page 153, Penobscot Registry of Deeds. IN CITY COUNCIL August 9, 1993 Referred to Appropriate tee. _ IN CITY COUNCIL August 23, 1993 C�'1Ce1;atPo C T CLOAK 93-392 ORDER Title, Authorizing Ac ulaiHan of Land Loca[ed Adjacent to City Tax Hap 53, Lots 216 and 216A for City School Purposes ....... . /..�/. .,.�..f..../..�......_...t� �.(.�...... (T� Assigned to Councilman 93-392 pursuant to 23 M S 3023, the City Council of the City of Bangor hereby determines that the following damages should be warded to the persons listed below on account of the foregoing taking, Owner/Clalmant Amount Leonard E. Gordon Sr. and $1,575.00 (recommended S. Lynn Gordon figure) 123 Fruit Street Bangor, Mine04401 Meredith Albright $1.00 113 Fruit Street (recommended figure) Bangor, Maine 04401 All others $1.00 (recommended figure) pursuant to 23 MRSA SS 3023-3024, the City Finance Director and City Solicitor are directed to take all necessary action, i accordance with the statute, to serve notice and to tender payment of damages as provided to the persons listed above; and to otherwise record and protect the City of Bangor's title in regard to the interests herein acquired. CITY SHEET yC N D s T R.IE C T 5CALE• FFNT STREET SCHOOL g '© GARLAND FIELD Qb CITY CITY TAT LOT I H P� © LIT, Gerde © _ C I �y and W/ Pr" way 50'Y vo' 13 Fol } S} Mer=d11h - e _ Prllb�lys,l.. N D s T R.IE C T 5CALE•