HomeMy WebLinkAbout1992-03-23 92-184 ORDER92-184
COUNCIL ACTION
Date: March 23, 1992 Item No.-
Item/Subjects
Transferring land on Maine Avenue to the University of Maine System by
quitclaim deed.
Responsible Department: Community and Economic Development
In an amendment, dated April 21, 1989, to a lease agreement between the City
of Bangor and the University of Maine System, the City of Bangor agreed to
transfer its rights to 13.16 acre parcel of land located on Maine Avenue
and currently occupied by the University of Maine System, to the University
Of Maine System.
Also, in the amendment the University of Maine System agreed to demolish all
of the temporary wooden buildings located on property adjacent to the parcel,
principally on Illinois, Indiana, Pennsylvania, Buchanan, Cleveland, and
Texas streets, which had been leased to the University of Maine System.
In the amendment the demolition of the buildings and the transfer of land was
scheduled to be completed by September 11 1991. The Council Order will
authorize the City Manager to give permission to the University of Maine
System and its agents to go on the City's property in order to demolish the
buildings; Require the University of Maine System to indemnify the City of
Bangor against any claims which may arise during the demolition; and to
execute the quitclaim deed when the University of Maine System has
demonstrated that it will comply with its obligations to demolish the
buildings.
This item was approved by the Community and Economic Development Committee
on March 2, 1992.
De a tment neda
Manager's Comments: Ith
city Manager
Associated Information:
Page 1 of 1
A061AMI to Caunaer Sawyer March 23,92 92-184
CITY OF BANGOR
Authori1. zing C 11 ity Manager to Execute Quitclaim
Dead Transferring Sand on Maine Avenue to University of Maine
By Me CHy CwaaB of 6L City of Beazer
ORDERED,
TUT
WHEREAS, by "Amendment #1" to a certain Indenture of Lease between
the City of Bangor and the University of Maine System, said
Amendment being dated April 21, 1989, the City of Bangor agreed to
transfer its rights to a 13.16 acre parcel of land located on Maine
Avenue, and currently occupied by the University of Maine System to
the University of Maine System; and
WHEREAS, by said "Amendment #1", the University of Maine System
agreed to demolish certain temporary wooden buildings located on
other adjoining premises leased from the City of Bangor by the
University of Maine System; and
WHEREAS, neither the land transfer nor the demolitions have taken
place within the deadlines established in said "Amendment #1",
NOW, THEREFORE, By the City Council of the City of Bangor, be it
ORDERED,
THAT the City Manager of the City of Bangor is hereby authorized to
execute a certain municipal quitclaim deed conveying the City's
interest in a 13.16 acre tract described therein to the University
of Maine System, a copy of said deed being attached to this Order;
and
be it further
ORDERED,
THAT the City Manager of the City of Bangor is authorized to give
permission for the University of Maine System and its officers,
agents, employees, contractors, subcontractors, licensees, or
invitees to enter upon the adjoining premises previously Leased
92-184
0ROER
In City Council March 23,1992 Title,
Passed Authorizing City Meager to Execute
Quitclelm Geed i[anef¢[iing-loud-on.-Mite Avenue
to Calve cult y of Mein
City Clerk.............................. ......
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/�+ Aerignedb
.... �L ..(�((/t� .......
. " •COIRIC13103n
92-194
QUITCLAIM DEED
The CITY OF BANGOR, a body corporate, located at Bangor,
County of Penobscot, State of Mine, for consideration paid, by the
UNIVERSITY OF NAIVE SYSTEM, a body politic and .corporate, of
Bangor, County of Penobscot, State of Maine, the receipt whereof is
hereby acknowledged, does hereby remise, release, bargain, sell and
convey and forever quitclaim, under and subject to the
reservations, restrictions and conditions, all as hereinafter
expressed and set out, unto the UNIVERSITY OF MAINE SYSTEM, its
successors and assigns forever, all its right, title and interest
in and to a certain lot or parcel of land located in said Bangor
and more particularly described as follows:
Beginning at a number six re -bar set on the southwest
side of Maine Avenue and the northeast side of Taft
Street; thence South 490 00. 31" East one thousand one
hundred and thirteen one hundredths (1101.13) feet to
a number six re -bar (set); thence South 290 30' 25" West
three hundred seven (307) feet to a number six re -bar
(set); thence South 330 45' 30" West one hundred twenty-
eight and forty-three one hundredths (128.43) feet to a
number six re -bar (set); thence North 570 35. 31" West
one thousand one hundred twenty-one and sixty-eight
e hundredths (1121.68) feet to a numbr six re -bar
(set) on the southeast side of said Maine Avenue;
thence North 340 21.11" East five hundred ninety-nine
and sixty-nine one hundredths (599.61) feet to the
point of beginning.
The above-described parcel of land contains thirteen
and sixteen one hundredths (13.16) acres, and is
oriented to the grid system of the Maine State
Coordinate System, East Zone, (NAD 1927).
(restriction on use of property/public education purposes)
IN. WITNESS WHEREOF, the said CITY OF BANGOR has caused this
instrument to be sealed with its corporate seal and signed in its
corporate name by ROWAND A. RRETT, its city manager thereunto
duly authorized, BA
ed, this _ day of March, 1992.
CITY OF BANGOR
By
Its City Manager
92-164
STATE OF MAINE
Penobscot, as. March , 1992
Then personally appeared the above-named EDWARD A. BARRETT,
City Manager, 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-Lew
Budget Approval:
Finance Director
city Solicitor
92-184
Introduced For
__2{_Pd88age
First Reading Page 2 of 2
Referral
92-184
from the City of Bangor in order to demolish certain temporary
soden buildings; provided that any such permission shall include a
provision, in a form acceptable to the City Solicitor, that shall
require the University of Maine System to indemnify the City of
Bangor against any and all claims arising out of the use,
occupancy, or demolition of temporary wooden buildings by the
University of Maine System; and be it further
ORDERED,
THAT the City Manager of the City of Bangor is authorized to
deliver the described municipal quitclaim deed to the University of
Maine System upon receipt of adequate assurances that the
University of MaineSystemwill comply with its obligation to
demolish the above described temporary wooden buildings as required
under said "Amendment M1", said assurances to include evidence of a
funded budget allocation by the University of Maine System for that
purpose.
from the City of Bangor in order to demolish certain temporary,
wooden buildings; provided chat any such.pervIssion shall include a
provision, in a form acceptable to the City Solicitor, that shall
require the University of Maine System to indemnify the City of
Bangor against. any and all claims arising out of the use,
occupancy, or demolition of temporary wooden buildings by the
University of Moine System; and be it further
ORDERED,'
THAT the City Manager of the City of Bangor is authorized to
deliver the described municipal quitclaim deed to the University of
Maine System upon receipt of adequate assurances that the
University of Maine System will comply with its obligation to
demolish the above described temporary wooden buildings as required
under said "Amendment W,said assurances to include evidence of a
funded budget allocation by the University of Maine.System for that
purpose.