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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.............................. ...... -tqo�. /�+ 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.