HomeMy WebLinkAbout1993-08-23 93-416 ORDERCOUNCIL ACTION
Item No. 93416
Date August 23 1993
Item/Subject: Authorizing City Manager to Execute and Exchange
Deeds to Land North of Otis Street (Garland Street School Project)
Responsible Department: Legal
As part of its Garland Street School project, the City School
Department is relocating an existing tennis court onto land
adjacent to the Garland Street School, owned by the City of
Bangor. A portion of the land owned by the City is encumbered by a
private right-of-way created in 1951. The right-of-way has not
been used for many years and is currently obstructed, in part, by a
barn add garden. The School Department and the Legal Department
have been in discussions with Leonard E. Gordon Jr. and J. Lynn
Gordon, owners of the private right-of-way, concerning
extinguishment of the private easement rights. The parties
concerned have reached an agreement which would involve a division
of the land concerned. The attached Order would authorise the City
Manager toe cute and exchange deeds with the Gordons, effecting
the exchange. Copies of the proposed deeds are attached to this
Order. The execution and recording of the attached deeds will
resolve the title issues and extinguish the Gordons' interest in
the right-of-way.
Cls`(. �/'l' (1W^'xSXI
DePartmertt Hear
, -
Budget Approval:
Finance Director
Legal Approval:
Ctty Sol'c'tor
Introduced For NEW BUSINESS
Passage
First Reading
Referral Page 1 of 8
93-416
Amignedto Cmweyw Soucy August 23, 1993
CITY OF BANGOR
Authorizing City Manager to Execute and Exchange
mT�.) mTi)eT, .......
Deeds to Land North of Otis Street (Garland Street School Project)
BY aw cup Cezwit ofdw City OfBaryor.
ORDERED,
THAT Edward A. Barrett, City manager, is hereby
authorized on behalf of the City of Bangor, to execute the attached
Municipal Quitclaim Deed from the City to Leonard E. Gordon, Jr.
and J. Lynn Gordon, conveying the City's interest in a portion of
certain City -owned land lying north of Otis Street in the City of
Bangor. The City Manager is further authorized to deliver the
executed deed to the Gordons upon delivery by the Gordons of a
executed deed releasing their interest in a certain private
right-of-way over the same and adjacent land owned by the City.
Said release dead from the Gordons to the City shall be in the form
attached to this Order.
93-616
ORDER
IN CITT COUNCIL -
August 23. 1993 Title,
Passed
s Authorizing city, Manager to, ExecPce,and
ExcLenge �eedfl to �.evd Nox[h of OCfa Street
TY UNN (Garland Street School Project).
.......
....... .....
Aumigned6.
... ... .......
Councilman
RELEASE DEED
LEONARD B. GORDON JR. AND S. LYNN GORDON, husband and wife,
both of Bangor, Penobscot County, State of Maine, for consideration
paid, release to the CITY OF BANGOR, a municipal corporation
organized and existing under and by virtue of the laws of the State
of Maine, the land in Bangor, Penobscot County, Maine, described as
follows
Beginning at a granite monument located on the
westerly line of Otis Street, said monument also being
four hundred twenty and sixteen hundredths (420.16)
feet northerly from the northerly side line of Garland
Street, and at the northerly and of said Otis Street
as laid out and shown on a plan recorded in Plan Book
R3, Page 11 in the Bangor City Engineer's office; see
also Plan Book ], Page 51, Penobscot County Registry
of Deeds;
Thence northerly on straight line which is a
continuation of the said westerly line of Otis Street
for a distance of about three hundred (300) feet to an
iron pin found at the northeasterly corner
of the
parcel now or formerly owned by Leonard E. Gordon Sr.
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 to a
corner;
Thence southerly and parallel to the first described
line for a distance of about three hundred (300) feet
to an iron pin found at 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 Louiae Lintott and
Katherine Beck Hedge 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.
93-416
The purpose of this deed is to release to the City of
Bangor as Grantee all rights of the Grantors in and to the above-
described parcel arising under or by virtue of the deed from
Christine C. McKean to Nary Louise Lintott and Katherine Beck Hodge
dated Narch 29, 1951 and recorded in Volume 1342, Page 153,
Penobscot Begiatry of Deeds. The consideration for this deed is a
municipal quitclaim deed from the City of Bangor releasing a
portion of the above-described land to the Grantors herein; said
municipal quitclaim dead to be recorded herewith.
Leonard E. Gordon Jr. and J. Lynn Gordon, husband and wife,
hereby release all rights in the premises being conveyed.
1993.
WITNESS our hands and seals this day of August,
Leonard E. Gordon
Witness J. Lynn Gordon
STATE OF MAINE
PENOBSCOT, as. August _, 1993
Then Personally appeared the above named Leonard E. Gordon and
J. Lynn Gordon and acknowledged the foregoing instrument to be
their free act and deed.
Before me,
Notary Public/Attorney-at-Law
Printed Name:
93-416
MONICIPAL ODITCLAIM DEED
The City of Bangor, a municipal corporation organized and
existing under and by virtue of the laws of the State of Maine,
for consideration paid, releases to LEONARD E. GORDON JR. AND S.
LYNN GORDON, husband and wife, both of Bangor, Penobscot County,
Maine, as joint tenants and not as tenants in common, the land in
Bangor, Penobscot County, Maine described as follows:
Beginning at a granite monument located on the
westerly line of Otte Street, said monument also
being four hundred twenty and sixteen hundredths
(420.16) feet northerly from the northerly side
line of Garland Street, and at the northerly and 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 westerly line of Otis Street
for a distance of one hundred sixty-seven (167)
feet to a point, said point constituting the TRUE
POINT OF BEGINNING of the premises herein conveyed;
Thence easterly and at right angles to the last
described line for a distance of forty-two (42)
feet to a corner to be marked;
Thence northerly and at right angles to the last
described line for a distance of fifty (50) feet to
a corner to be marked;
Thence westerly and at right angles to the last
described line for a distance of twenty-seven (27)
feet to a corner to be marked;
Thence northerly at right angles to the last
described line and parallel to the continuation of
the westerly side line of Otis Street for a
distance of eighty-three (83) feet, more or less to
a corner to he marked;
Thence westerly and at right angles to the
last -described line for a distance of fifteen (15)
feet, more or less, to an iron pin found at the
northeasterly corner of the parcel now or formerly
owned by Leonard B. Gordon Jr. and J. Lynn Gordon
of Bangor as described in volume 3505, Page 300,
Penobscot Registry of Deeds;
93-416
Thence southerly, at right -angles to the
last -described line and on a straight line which is
a continuation of the westerly side line of Otis
Street for a distance of one hundred thirty-three
(133) feet, more or lees, to the TRUE POINT OF
BEGINNING;
Being an irregularly-shaped parcel containing 3,345
square feet, more or less.
There is also conveyed herewith all of the
Grantor's right, title and interest, if any, in and
to a barn or shed now existing upon the
above-described parcel. _
Being a portion of the premises described in the
deed from Christine C. McEwen to the City of
Bangar, Grantor herein, dated March 29, 1951 and
recorded in volume 1342, Page 140, Penobscot
Registry of Deeds, to which deed reference may be
had for Grantor's source of title.
EXCEPTING AND RESERVING from the above-described
premises any and all sewer or other utility
easements now existing thereon, whether apparent or
of record.
The purpose of this deed is to release to said Leonard E.
Gordon Jr. and J. Lynn Gordon as Grantees of all of the Grantor's
right title and interest in and to a portion of the premises
underlying a private right-of-way described in the 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, said private right -o£ -way having been
reserved in the deed ft= Christine C. McEwen to the Grantor herein
recorded in volume 1342, Page 140, Penobscot Registry of Deeds.
The consideration for this deed is a release deed from Leonard E.
Gordon Jr. and J. Lynn Gordon, Grantees herein, releasing to the
City of Bangor all rights arising under the deed from Christine C.
McEwen to Mary Louise Lintott and Katherine Back Hodge, recorded in
volume 1342, Page 153, Penobscot Registry of Deeds; said release
deed to be recorded herewith.
93-416
The said CITY OF BANGOR has caused this instrument to be
sealed with its corporate seal, and signed in its corporate name by
EDWARD A. BARNETT, City manager, thereunto duly authorized, this
day of August, 1993.
Signed, Sealed and Delivered
In the Presence of CITY OF BANGOR
By
witness Edward A. Barrett
City manager
STATE OF MAINE
PENOBSCOT, as. August , 1993
Then personally appeared the above-named EDWARD A. BARNETT,
Finance Director, and acknowledged the foregoing instrument to be
his free act and deed in his said capacity, and the free act and
deed of said body corporate.
Before me,
Notary Public/Attorney-at-Law
Printed Name[
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