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HomeMy WebLinkAbout1990-12-26 91-48 ORDERI-o nca Date 12�-26-90 p11 Item No. 91-48 Item/Subject: Authorizing Acceptance of Deed Amendment from USA Fairmount Park (Hayford's Field) Responsible Department: Legal Commentary: We have finally received the requested amendment to the City's deed to Fairmount Park, now Hayford Park. Upon acceptance of the deed amendment and seordation in the Penobscot Registry of Deeds, the City will then be authorized to complete its lease transaction with the Bangor Youth Hockey Association. Ue ManaAgers� Comments:-rn ciym.nny�. Associated Information: Order Budget Approval:N Fila « Oire Legal Approval: CRY Soliciror lair ad For ElFage page _of_ El First Reading ❑ Referral 91-48 Am*to councilor Saxl. December 26, 1990 ;, , CITY OF BANGOR (T(TLE.) (Druro ........ Authorising Acceptance of need Amendment from U.S.A. -- Pairaount Park (Hayford's Field) By Us City Cosner of De CHP ofsmapw: ORDERED, THAT the City of Bangor does hereby accept the deed amendment, a copy of which is on file in the office of the City Clerk, said document being an amandmant to a deed from the United States of America to the City of Bangor, dated October 20, 1969, recorded in Volume 2172, Page 126,. Penobscot Registry of Deeds, conveying title to Fairmount Terrace Park (now Hayford Park) to the City; and be it further OROBRBD, THAT the City Solicitor is hereby authorized to take all necessary action for purposes of recording and acknowledging acceptance of said deed amendment by the City of Bangor. - 91-68 ORDER IN CITY COUNCIL December 26, 1990 Title, Passed Authorizing Acceptance of Deed Amendment b `�~ from D.S.A. Fairmount Park (HYford's Field) CI CL'RR ....................... ............. Am�pnlto Councilman AMENDMENT TO QUITCLAIM DEED The UNITED STATES OF AMERICA, (hereinafter referred to as "GRANTOR") acting by and through the Regional Director, National Park Service, Mid-Atlanito Region with offices at 143 Third Street, Philadelphia, Pennsylvania, pursuant to authority delegated by the Secretary of the Interior, and as authorized by the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and particularly a5 amended by Public Law 91-485.(84 Stat. 1084), and regulations and orders promulgated thereunder, for and in consideration of the use and maintenance of the property herein conveyed as and for public park and recreational purposes, in perpetuity by the City of Bangor, (hereinafter referred to a "GRANTEE".), does hereby amend, reform and modify, the terms, conditions, reservations and restrictions contained in a Quitclaim Deed between Grantor and Grantee dated October 20, 1969 and recorded on November 1, 1969 at Book 2172, Page 126, (hereinafter referred to as "QUITCLAIM DEED") as follows: Numbered paragraph.3 on page 4 of the Quitclaim Deed is hereby amended to read as follows 1 3. The party of the second part will not. sell, lease, assign, or otherwise dispose of any of the premises above-described except to another local governmental agency or nonprofit corporation organized and incorporated under the laws of the State of Maine that the Secretary of Interior, or his successor in function, is satisfied can assure the continued use and maintenance of the property for public park and for a public recreational_ area. IN WITNESS WHEREOF, the Grantor has caused these presents tO be executedn i its name and on its behalf this gd>Hi day of %riFolj k- 1990. uuxxeD STATES v Regional Director National Park Servi e d-AtlantiC Region 43S�Third Street � Philadelphia, Pennsylvania PATE OF SS: COUNTY OFIAIA,p ) On this i9. f day of/ -e I9.G(�d,, before me, the subscriber, personally appe /G/ C LC rP9 to me known and known to me to be the Regional Dleect or, National Park Service, Mid -Atlantic Region, Of the United States Department of the Interior, a governmental agency of the United States of America, with offices at 143S.Third Street, Philadelphia, Pennsylvania, and known to me to be the same person described in and who executed the foregoing instrument as such Regional Director aforesaid,as the act and deed of the United States Of America, for an on behalf of the Secretary of the Interior, duly designated, empowered and authorized so to do by said Secretary, and he acknowledged that he executed the foregoing instrument for and o behalf of the United States of America, for the purposes and uses - therein described. (NOTARIAL SEAL) - Notary PobfiC My commission expires: Ny .county of Residence: /��O e6Jifam runnier.. wxeaT. wPY Pena . O,y 01 AYaeelae a. PNW CwnO My eecnis5ian ryN,aa 4,139. iO3 The foregoing Deed Amendment is hereby assented to and the right of the Regional Administrator of the General Services Administration to disapproveofthe foregoing Deed Amendment pursuant to 40 U.S.C. 484(x) (4) is hereby waived. UNITED STATES OF AMERICA Acting by and Through the REGIONAL DIRECTOR OFFICE OF REAL ESTATE SALES GENERAL. SERVICES ADMINISTRATION, Boston, Massachusetts mitle: L/-r7.r� ✓e'%.r-�Ts� /`�'4 ./ WITNESSES:" COMMONWEALTH OF MASSACHUSETTS ) ) SS: COUNTY OF SUFFOLK - In Boston, in said County and State, on this Z( day. of POVfMSeA, 1990, before me personally appearsMo„ae<u C' authorized and delegated by the Administrator of General Services, to me known to be the party executing the foregoing Deed Amendment, and5he acknowledged said instrument by hLlq duly executed to be heA free act and dead as l�dY4 «bL of P du 5is" General Services Administration, Boston, Massachusetts. Notary Pub 'c My Commission expires: My County of Residence: l is q j"etwe; Midbael P. Matlalo. Xa::'y PUElle My COMIu ion EHpnm Junel'ims The foregoing Deed Amendment is hereby accepted and the undersigned agrees, by his acceptance, to assume and be bound by all the obligations, conditions, covenants and agreements therein contained.' CITgY OF BANGOR By k_SS�fyi1�! '��c Title: City Manager WITNESSES! i/ STATE OF MAINE SS COUNTY OF PENOBSCOT ) In Bangor, in said County and States, on this 26th day of , 193g_, before me then and there personally appeared -'ha.a A w..a.+ duly empowered and authorized, who signed the foregoing rnstrument and acknowledged the same to be his free act and deed in his said capacity and the free act and deed of the CITY OF BANGOR. IN WITNESS WHEREOF, I have hereunto set my hand and affirmed my official seal the day and year aforesaid. Notary PUDli<�gtCarray-et-Iu- My Commission expires: