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HomeMy WebLinkAbout1990-12-26 91-52 RESOLVEron Date usureri26nItem No. 91-52 Item/Subjecn Resolution of Condemnation for Certain Property in Bangor Located on Lower Broad Street Adjacent to Renduskeag Stream Bridge Responsible Department: Legal Commentary: This Resolve would authorize eminent domain acquisition of land of the Maine Central Railroad on Broad Street, adjacent to the Renduskeag Stream railroad bridge. For those with avery long moursov, this is the former "Emerson Wharf' property. The acquisition is a part of Bangor's current waterfront redevelopment plan. The parcel concerned here is divided by the Maine Central right of way, which the Railroad owns in fee. Maine Central holds the southerly portion of the parcel, "Parcel No. 2" in the attached Resolve, under a 999 year leasehold arrangement which dates from 1881. In discussions with the Railroad, Maine Central has been willing to warrant that it has met the conditions of that Lease, thus raising the possibility of a reversion to the heirs of thes original o A taking would avoid possible double payment by the City and Would place the allocation of the damage award amount with the Superior Court. Note that the Council is acting here by "Resolve" under the community development statute. Takings under other statutes, e.g.. the current Airport takings, are done by Order. rvpen.ernt Heed Manager's Comments: �.. r ({6%} Ing D, GryMmiaK<r Associated Information:0 1 Budget Approval: Ca86 F n ntt Do' Legal Approval eitys'licoo. Introduced For > asyage First Reading Page_ of El Referral /ielre ref), CITY OF BANGOR s/- sc (TITLE.) psalbH, Resolution,of Condemnation for certain Property_.._ in Bangor Located on Lower Broad Street Adjacent to Eenduskeag Stream Bridge -- Penobscot River Waterfront Redevelopment Plan arae cuv cmwaeBmrw awmramam.: RaSOLV6D. WHEREAS, by Council Order 90-35 adopted. January B. 1990, the City Council of the City of Bangor adopted the "Penobscot River Water- front Redevelopment Plan" as a duly authorized Community Development Program under Title 30-A M.R.S.A. 5 5201 et esq.; and WHEREAS, by Council Order 90-53 adopted January 22, 1990? the City Council of the City of Bangor authorized the City's Director of Community Development to acquire certain properties in behalf of the City of Bangor as authorized in said Plan; and WHEREAS, the property described below and shown on Exhibit A attached hereto and incorporated herein by reference is among those properties acquisition of which was authorized by Council Order 90-53; and WHEREAS, negotiations between the City of Bangor's Director of Community Development and Maine Central Railroad, theprincipal owner of said property, have failed to result in an agreement for conveyance of the property to the City of Bangor; NOW, THEREFORE, By the City Council of the City of Bangor, RESOLVED, THAT the City of Bangor acquire by eminent domain, pursuant to its duly adopted Community Development Program and 30-A M.R.S.A. 5 5204, any and all fee, leasehold, reversionary and/or residual interests owned by the persons set forth in Exhibit B attached hereto and incorporated herein by reference, and all Persona known and unknown claiming under the aforesaid persona or any of them and owners unknown or their heirs, devisees, legal representatives, successors, assigns, grantees, trustees in bankruptcy, receivers, disseizors, creditors, lienors, and any and 91-52 Assigned to Councilor saldacci, Decueber 26, CITY OF BANGOR 1990 (TITLE.) gmaltrE,.Resolution _of- Condemnation lnr..Sexcain.,,n, o exey_„_ In Bangor Located on Lower Broad Street Adjacent to Renduskeag Stream Bridge -- Penobscot River waterfront Redevelopment Plan By City Counted ofdw City oJBaapor. BBSOLVBD. WHEREAS, by Council Order 90-35 adopted January 8, 1990, the City Council of the City of Bangor adopted the "Penobscot River Water- front Redevelopment Plan” as a duly authorized Community Development Program under Title 30-A E.R.S.A. 8 5201 at sem.; and WHEREAS, by Council Order 90-53 adapted January 22, 1990, the City Council of the City of Bangor authorized the City's Director of Community Development to acquire certain properties in behalf of the City of Bangor as authorized in said Plan; and WHEREAS, the property described below and shown on Exhibit A attached hereto and incorporated herein by reference is among those properties acquisition of which was authorised by Council Order 90-53; and WHERRhS, negotiations between the City of Bangor's Director of Community Development and Maine Central Railroad, the principal owner of said property, have failed to result in an agreement for conveyance of Ne property to the City of Banger; NOW, THEREFORE, By the City Council of the City of Bangor, RESOLVED, THAT the City of Bangor acquire by eminent domain, pursuant to its duly adopted Community Development Program and 30-A M.R.S.A. S 5204, any and all fee, leasehold,reversionary and/or residual interests owned by the persona set forth in Exhibit B attached hereto and incorporated herein by reference, and all persons known antl unknown claiming under the aforesaid persona or any of them and owners unc own or their heirs, devisees, legal representatives, successors, assigns,. grantees, trustees in bankruptcy, receivers, disseizors, creditors, lienors, and any and 11 IN CITY COUNCIL December 26, 1990 Amended by Substitution and Passed. uirr CLERK 91-52 RESOLVE Resolution of Condemnation for Certain Property in Bangor Located On LOWet Pro t Adjacent to Renduskeag Stream Bridge - Penobscot River Waterfront Redevelopment Plan all other persona unascertained or not. being or unknown the State, and all other persona whomsoever who claim or may claim any right, title or estate, legal or equitable, in the within described land, real estate, building or any other interest in the within described premises. The premises are more particularly described as follows: Certain lets or parcels of land situate in the City of Bangor. County of 'Penobscot. State of Was, bounded and described as follows: Parcel No. l Beginning ata paint o the east line of Broad Street at the s southwest c of a parcel of land described is a deed from Morse and Company to The European and North American Railway dated October 20, 1911 and recorded in the Penobscot County Registry of Deeds in Vol. 823, Page 72; thence North 14° O1' 40" Meat by and along Broad Streeteleven (11) feet. m r lees; thence South D° 58' 20" East fiftysix and a euty-five one hundredths (56.75) feet to the southeast corner of a parcel of land described In a deed from The European and North American Railway to Morse and Company dated December 16, 1911 and recorded in said Registry of deeds in Vol. 823, Page 74; thence northeasterly by and along said Morse and Company's (now the City of Sengor) east line twenty-eight and three tenths (28.3) feet; thence northeasterly, by and - along the south line of land owned by the City of Bangor, forty-five (45) feet, more r less, to theside of the Kenduskeag Stream; thence southerly, by and along saidwest Stream, sixty-eight (68) feet, more or legs, to the northerly right-of-way line of the Maine Central Railroad Company as shown on a Right of Way and Track Map of the Maine Central Railroad Company on file in the City of Bangor Engineer's Office to be recorded herewith; thence westerly, with said northerly right-of-way line, one hundred eight -seven (187) feet, mo r less, t the east line of said Broad Street; thence North 19° 07' 23e East one hundred five (105) feet, more or less, to the point of beginning. The above described parcel of land contains 7,660 square feet. Being all or a portion of theseveral premises described in Volume 388, Page383, Penobscot Registry of Deeds; in Volume 384, Page 531, and Volume 390, Page 68, Penobscot Registry of Deeds, and In Volume 524, Page 259, Penobscot Registry of Deeds. Page 2 first paragraph added February 9. 1991 due to clerical error when Order was introduced. -2 - Certain lots or parcels of land situate in the City of Bangor, County of Penobscot, State of Maine, bounded and described as follows: Parcel No. 1 Beginning at a point on the east line of Broad Street at the southwest corner of a parcel of land described in a dead from Norse and Company to The European and North American Railway dated October 20, 1911 and recorded in the Penobscot County Registry of Deeds in Vol. 823, Page 72; thence North 140 01' 40" West by and along Broad Street eleven (11) feet, more or lees; thence South 750 58. 20" Beet fifty-six and seventy-five one hundredths (56.75) feet to the southeast corner of a Parcel of land described in a dead from The European and North American Railway to Morse and Company, dated December 16, 1911 and recorded in said Registry of Deeds in Vol. 823, Page 74; thence northeasterly by and along said Morse and Company's (now the City of Bangor) east line twenty-eight and three tenths (28.3) feet; thence northeasterly, by and along the south line of land owned by the City of Bangor, forty-five (45) feet, more or lees, to the "at side of the Renduskeag Stream; thence southerly, by and along said Stream, sixty-eight (68) feet, more or less, to the northerly right-of-way line of the Maine Central Railroad Company as shown on a Right of way and Track Map of the Maine Central Railroad Company on file in the City of Bangor Engineer's Office to be recorded herewith; thence westerly, with said northerly right-of-way line, one hundred eighty-seven (187) feet, more or leas, to the east line of said Broad Street; thence North 190 07. 23" Beat one hundred five (105) feet, more or lase, to the point of beginning. The above described parcel of land contains 7,660 square feet. - Being all or a Portion of the senoeral premises described in Volume 388, Page 383, Penobscot Registry of Deeds; in Volume 3840 Page 531, and Volume 390, Page 68, Penobscot Registry of Deeds, and in Volume 524, Page 259, Penobscot Registry of Deeds. p -2- all other persons u ascertained or not, being or uNcnawn, or out of the State, and all other persona whomsoever whoclaim or may claim any right, title or estate, legal or equitable, in the within described land, real estate, building or any other interest in the within described promisee. The premises are more particularly described as follows: Certain lots or parcels of land situate in the City of Bangor, County of Penobscot, State of Maine, bounded and described as follows: Parcel No. 1 Beginning at a point on the east line of Broad Street at the southwest career of a parcel of land described in a deed from Morse and Company to The European and North American Railway dated October 20, 1911 and recorded in the Penobscot County Registry of Deeds in Vol. 823, Page 72; thence North 140 01' 40" West by and along Broad Street eleven (11) feet, more or lees; thence South 750 58. 20" east fifty-six and seventy- five one hundredths (56.75) feet to the southeast corner of a parcel of land described in a deed from The European and Morth American Railway to Morse and Company dated December 16, 1911 and recorded in said Registry of Deeds in Vol. 823, Page 74; thence northeasterly by and along. said Morse and Company's (now, the City of Bangor) east line twenty-eight and three tenths (28.3) feet; thence northeasterly, by and along the south line of land owned by the City of Bangor, forty-five (45) feet, more or less, to the west side of the Nenduskeag Stream; thence southerly, by and along said Stream, sixty-eight (68) feet, more or less, to the northerly right-of-way line of the Maine Central Railroad Company as shown on a Right of Way and Track Map of the Maine Central Railroad Company on file in the City of Bangor Engineer's Office to be recorded herewith; thence westerly, with said northerly sight -of -way line, one hundred eighty-seven (187) feet, more r leas, to the east line of said Broad Street; thence North 190 07' 23" East e hundred five (105) feet, more or less, to the point of beginning. The above described parcel of land contains 7,660 square feet. Being all or a portion of the several premises described in volume 388, Page 383, Penobscot Registry of Deeds; in Volume 384, Page 531, and Volume 390, Page 68, Penobscot Registry of Deeds, and in Volume 524, Page 259, Penobscot Registry of Deeds. pk.,.enu 3 9/ Parcel No. 2 Beginning at a point on the north side of the Penobscot River on the northeast line of land of the City of Bangor, formerly the Perry Slip at the foot of union Street; thence North 670 22' 37" West by and along said 'Ferry Slip one hundred eighty-two (182) feet, more or lees, to the southerly right-of-way line of the Maine Central Railroad Company; thence easterly with said southerly right-of-way line one hundred eighty-two (182) feet, more or lase, to the Penobscot River; thence southerly by and along said River, two hundred (200) feet, more or lase, to the point of beginning. The above described parcel contains 13,440 square feet 11 Being a portion of the premises described In a Lease from Jesse S. Rowe et ale to The European and North American Railway, dated August 18, 1881 and recorded in Volume 524, Page 259, Penobscot Registry of Deeds. Both parcels being depicted in the above -referenced plan of the City of Bangor Engineer's Office, to be recorded herewith, to which reference may be had. A F CITY Or SANPA _ C \ y�� FRONT ST��J , y� T. AMERICAN RXL.. M CITY O,SOUNIMw I IFFY.,...,...._.., CITY OF BANGOR ENONVERING DEPORTMENT ACQUISITION PLAN MORAL PROPERTY FRONT ST 9 BROAD IT R��ER 005CO1 PE14 .,.F .... .r^:.AN. 0, CITY OF BANGOR ENONVERING DEPORTMENT ACQUISITION PLAN MORAL PROPERTY FRONT ST 9 BROAD IT g/- r& EXHIBIT "B" Baine Central Railroad Company (fee & leasehold interests) Charles D. Barlett, Jr. & Harry M. Bartlett (fee & residual interests) as Surviving beneficiaries of the Charles B. Bartlett Trust Fleet Bank, WA, Trustee of the Charles H. Bartlett Trust Heirs of James W. Bartlett, unknovm (fee & residual interests) Heirs of Francis Gilbert Atwood, unknown (fee & residual interests) Other claimants unknown (fee & residual interests) FRONT ST. !� E CI -Y OF BANGOR CITY OF BANGOR /\ VOL. 300, PG.]) 23 E N 823. PG. 14 5 f 203 i s': VOL 524, PG 259 vC_ ]00, PC / P� VOL. 304, PG. $31 W�\ VOL. 390, . 60 ` M / JAMES 5. ROPE. El PUTO S \��..... \\. EUROPEAN & NORTH AMERICAN RAILWAY CO. AUGUST 18,WI \\ VOL. 524, PC 259 1999 YEAR LEASE AT S100/YP.1 PCOOOSGOT RIv�, NOTE THIS PLAN HAS MEN COMPILED FROM PLANS AND RECORDS ON FILE AT THE CITY ENGINEERS OFFICE AND IS NOT A SURVEY. 0 IO 290 Ip 29 ED SCALE IN FEET ' 20 NOTE THIS PLAN REVISED 12/l7/90 91_3L ALQIISITION PLAN MC RL PMPERTY FRONT ST. 8 fiPOGO ST RIVER PENpg5COT ALQIISITION PLAN MC RL PMPERTY FRONT ST. 8 fiPOGO ST -3- Parcel No: 2 Beginning at a point on the north side of the Penobscot River an the northeast line of land of the City of Bangor, formerly the Ferry Slip at the foot of Onion Street; thence North 670 22. 37" West by Rod along said Ferry Slip one hundred sixty (160) feet, more or lees, to the southerly right-of-way line of the Maine Central Railroad Company; thence easterly with said southerly right-of-way line one hundred fifty (150) feet, more or lase, to the Penobscot River; thence southerly by and along said River, one hundred sixty-five (165) feet, more or leas, to the point of beginning. The above described parcel contains 13,440 square feet. Being a portion of the premises described in a Lease from James S. Rowe et ale to the European and North American Railway, dated Auguat 18, 1881 and recorded in Volume 524, Page 259, Penobscot Registry of Deeds. Both parcels being depicted In the above -referenced plan of the City of Bangor Engineer's Office, to be recorded herewith, to which reference may be had. and be it further RESOLVED, THAT the amount of damages determined by the municipal officers to be just compensation for acquisition of all Interests in the above property is Forty-two Thousand Dollars ($42,000.00). STATEMENT OF FACT: 30-A M.R.S.A. 5 5204 authorises municipalities to acquire by eminent domain property, or interests therein, in designated slum or blighted areas. In order to exercise this power, theBangorCity Council must first adopt a "Resolution of Condemnation" to be served upon the propertyowner(s). After service is completed and a public hearing advertised and held, the Resolution is resubmitted to the City Council for its approval or disapproval. Condemnees who receive personal notice than have three months in which to appeal the amount of the award; condemnees who do not receive personal notice have twelve months in which to appeal the amount of the award. The Purpose of this eminent domain action is to acquire fee simple title to the prceprty described.