Loading...
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[ 46 (/ovse 125 .2 1 129.8 129.9 of 1 Qan'e/ 1ze.5� Kr V 'A reyeirtel [onu<y[A g�54b yfi rA�6.9 a dl IF MoryA ji uAD I itrar yura � e \ 321.] 124.1 e 1 m 123.1 121.8 e I e ...'....P : ........................ 122.4 eI MON P P ��3y' 123.0 � 1 X