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Home My WebLink About1992-05-27 92-283 ORDERCOUNCIL ACTION 92 283 Item No. Date May 27, 1992 Item/Subject: Authorizing Acceptance of Conveyance of Land in Winterport Adjacent to City Gravel Pit Responsible Department: Legal Commentary: For a number of years, the City of Bangor has been paying taxes on a 21 -acre parcel of land located in Winterport, Maine, lying adjacent to the City's °Twining Pit" property. (The Twining Pit property is held by the City of Bangor as a source of gravel for Public Works' purposes. The City's property is taxable by Winterport under 36 M.R.S.A. S 651 because it is located outside the municipal boundaries of the City of Bangor. The City has been paying taxes on Patten Corporation's adjoining parcel due to an .error in the Winterport Town Assessor's maps.) (continued on next page) Department Head Manager's �y�.pwef��{-4.neJ nsC4mrr:M.t14u+%wawLw.-w� �_An��//// A `nu.JA^uadt�Sv. OU City Manager - Associated Information: Order, Deed, Survey Budget Approval: _ Finance Director Legal Approvals City Solicitor VU Introduced For — Passage First Reading - Referral Page _ of _ Twining Pit Property - Winterport 9 2 28;t Commentary (Cont'd) Patten Corporation Me no interest in the Winterport parcel, which is effectively landlocked, and has offered to convey it to the City of Bangor in return for a waiver of our equitable claim for reimbursement of Winterport taxes paid by the City of Bangor in Patten's behalf. The consideration recited in the attached deed is essentially a waiver of the City's reimbursement claim. The attached Order would authorise an acceptance of Patten's deed conveying title to the parcel concerned to the City of Bangor. Rolland Perry, City Forester, has been working with Patten Corporation to resolve this situation since the error in the Winterport Assessor's maps became known. Rolland advises that the value of the parcel concerned as an adjunct to the City's existing gravel pit exceeds the value of taxes paid by the City of Bangor on the parcel in past years. In addition, there is a good amount of mature timber on the parcel that is ready for harvest, at a net profit to the City. A sketch of the Patten parcel is attached to this Commentary. The survey plan referenced in the attached Deed is being prepared by the City Engineer's office. Awped to Counaer May 27.1992 92-283 CITY OF BANGOR (TITLE.) yyrbffa.-A.ut1. hoxizing Accept n1. ce of Conveyance of Land in Winterport Adjacent to City Gravel Pit BY W Cft Cowman efDe GSW ofDansot. ORDEnD, TUT the City Solicitor is hereby authorized, on behalf of the City of Bangor, to accept and record a deed from Patten Auction and Land Corporation, copy attached, conveying to the City of Bangor 21 acres of land located in Minterport,mains. 92-283 Ix CITY COUNCIL - 0 R 0 E R May 27, 1992 Pe ed Cir. Title, i cx CLEM AvtM1oxg Acceptance of Ooavepance oft. Lava in Winterport Adjacent to City Gravel Pit ............. I................. ...... agwcc ....... /j�(I Y^VfM�.Ae pad to U e��ouncilman S 92 283 a at PATTEN AUCTIONANO LAND CORPORATION, aMassachuseas corporation with a place of business in Bangor, County of Penobscot, State of Mauro, for consideration paid, by the CITY OF BANGOR, a body corporate, located in Bangor, County of Penobscot, State of Maine, the receipt whereof is hereby acknowledged, does hereby remise, release, bargain, sell and convey and forever quitclaim, nolo the CM OF BANGOR, its successors and: assigns f0mvcr, 0 its tight, UUe and interest m and to a coram not m forced of ]nod located in said Wismarport, County of Waldo, State of Maine, bomMed and described as follows: Beghudng m the intersection m the west side of the Bangor and Aroostook Railroad right-of-way and the north side of Ore Cove Road, as the same now exist; thence N 86° W, by and along the north side of the Cove Road, fore hundred fifty-seven (457) feet, more or less, to a brook and the easterly sideline of land now or formerly of the City of Bangor, thence northeasterly, by and along said brook and said land of the City of Bangor, two hundred forty-two (242) feet, more or has, to a stake; thence N 200 W along said kind of the City of Bangor eight hundred ninety-six (896) feet, more or less, m a stake; thence N 69° B along said land of the City of Bangor me thousand five hundred eighty -nixie (1589) feet, more or less, to a stake; thence S 22" R along said laud of the City Of Bangor seventy-four (74) fact, more or less, to a stare in the northwesterly side of said Bangor and Aroostook Railroad rightb -way; thence southwesterly, by and along the westerly side of said raihoad right-of-way, to the point of beghming. Conmirdng twenty-one (21) acres, more or less. For a further description, reference may be had to a plan on file in the City Engineer's office of the City of Imager tided "Tw'_g Pit Survey - March 1979", a copy of said plan to be recorded herewith. Meaning and intending to convey, and there is hereby conveyed, all of Grammes tight, UUe and interest, if my, in and to any and aR lands lying southerly and easterly of the land of the City of Bangor depicted on the above -referenced "Wining Pit Survey" plan, northerly m the Cave Road, and westerly of said Bangor and Aroostook Railroad Company right of way, whether or not included in the above description, subject to my. tights in the above described property 92 283 previously conveyed by Patten Auction and Iand Corporation on Robert E. Treat and Margaret R. Treat dated November 1, 1990 and recorded m Book 1191, Page 225 of the Waldo County Registry of Deeds. For Ne source of Grader's interest is the above described promises, reference may be had to the deed from Bernice H. Terrell dated December 21, 1987 and recorded in Rook 1012, Page 230. IN WTfNESS WHEREOF, the said Patten Auction and Iand Corporation bas caused Ibis instrument to be sealed with its curpomte seal and signed in its corporate name by Steven R. King, its Vice President, thenumme duly authorized, this 3oday of A f A , 1992. Witness: Patten Auction and Iand Cooperation By: a3.r4\W. Q. Steven R King, Its Vice President State of Maine Penobscot County /s -fit,( 30 , 1992 Then personally appeared Steven R King, Vice President of Patten Auction and Iand Corporation, and acknowledged before me the. foregoing instrument to be his free act and deed in his said capacity and the free act and deed of said corpomtion. z No 9 any Public/Afmmw alZaw Priv[ or t Sttrtype signed name as sammiigned 032092is1 kah\deeds\Bangor 92 283 City of Gangor 126.65 ACRES Oncludfn9 path✓' c rpoxtim WA) Ox q Patten Auc41on and Land Corporafro, al acres MIL