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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.
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