HomeMy WebLinkAbout1990-12-26 91-53 RESOLVEGOOnOI Action
Date 12-26-90 Item No, 91-53
Itam/Subjoce Resolution of Condemnation for Certain Property Located
at 119 Front Street -- Tax Map 43, Lot 32 (Waterfront Rather. Plan)
Responsible Department: Legal
Commentary:
This Resolve would authorize acquisition of property of Maine
Central Railroad at 119 Front Street by eminent domain. The
property i of the parcels sought to be acquired as part of
Bangor's "Penobscot River Waterfront Redevelopment Plan", which
was approved by the Council in January, 1990 per Council Order
90-35.
Negotiations with Maine Central Railroad have not resulted i
an agreed price for the property, which i currently assessed
at a figure i ess of the appraised value. Accordingly, a
taking is required
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Introduced For
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O First Reading Pap _of_
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91-53
RESOLVE
IN CITY COUNCIL
Uetemb at 26. 1990 Resolution of Condemvet ion £or Ceitaiv Property
Amended by Substitution iv Bangoz cats a[ Fxont Saeet -
ese Penobscot River Waterfront Redevelopment Plan
Tax Nap 43, Loa 32.
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Cary
CITY OF BANGOR 9i• rz
(TITIFJ Y.. 01bg Resolution of Condemnation for Certain Property
in Bangor Located at 119 Front Street -- Penobscot River Waterfront
Redevelops nt Plart Tag. Map ._43, Dot 32,_._....
BY Cu Of Comma of Ow City ofBaspw.
RESOLVED.
_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 N.R.S.A. 5 5201 gj sec.; 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
Commmnfty Development and Maine Central Railroad, the 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. S 5204, any and all fee, leasehold, reversionary and/or
residual interests owned by the persons set forth in Exhibit R
attached hereto and incorporated herein by reference, and all
persona known and unknown -claiming -under the aforesaid persons or
any of them and owners unknown or their heirs, devisees, legal
representatives, successors, assigns, grantees, trustees in
bankruptcy, receivers, dieseizors, creditors, lienors, and any and
91-53
Assigned to Councilor Baldacci, December 26, 1990
CITY OF BANGOR,
(TITLE.) ACS0111t, Resolution_ ofCondemnn P
ation for Certairoperty._.,,_...
in Bangor Located at 119 Front Street -- Penobscot River Waterfront
RedevelOpment Plan -- Tax Map 43, Lot 32
BYW CRY Cosner{ of W City or8assw:
RESOLVED,
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. $5201 gy ,ggg.; 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 authorised by Council Order
90-53; and
WHEREAS, negotiations between the City of Bangor's Director of
Community Development and Maine Central Railroad, the owner of said
property, have failed to result in an agreement for conveyance of
the property to the City Of Bangor;
HOW, 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. 9 5209, 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
persons known and unknown claiminO under the aforesaid persons or
any of them and Owners unknown or their heirs, deviance, legal
representatives, successors, assigns, grantees, trustees in
bankruptcy, receivers, disseisors, creditors, lienors, and any and
-2 -
all other persons unascertained or not,being or unknown, or
out of
the State, and all other persons whomsoever who claim or may
claim
any right, title, interest or estate, legal or equitable, in
the
within described land, real estate, building or any other interest
n the within described promisee. The previous are more
particularly described as follows:
A certain lot or parcel of land situate in the
City of Bangor, County
of Penobscot and State of
Maine more particularly
described as follows:
Beginning at a steel rebar set in the southerly
side line of South Street at its intersection
with the westerly sideline of Front Street, as
the Base now exists, following a widening of
Front Street to a 90' street by the City of
Bangor in 1865;
Thence S 80 49'-40" E by and along the existing
sideline of Front Street a distance of 27.85 feet
to a steel rebar set;
Thence continuing S 10 23. 50" B by and along the
existing side line of Front Street, as relocated
by the City of Bangor in 1867, to the
intersection of said line with the northwesterly
line of Railroad Street, as the same now exists
following a relocation of Railroad Street by the
City of Bangor in 1894;
Thence S 510 40. 10" W by and along the
northwesterly aide line of Railroad Street a
distance of 46.46 feet to the common corner of
two parcels described in the deed from Thomas M.
Hersey to Paul R. England and Richard A. England
dated January 14, 1970 and recorded in Volume
2176, Page 502, Penobscot Registry of Deeds;
Thence R 30 33. 30" E by and along the easterly
line of "Parcel II" as described in said Volume
2176, Page 502 a distance of 110.19 feet to a
steel rebar found;
Thence continuing on the same line R 30 33. 30' e
a distance of 19.04 feet to the southerly line of
South Street at a point o.81' from a steel rebar
found within the South Street right-of-way;
Thence R 870 28. 10" E by and along the southerly
aide line of South Street a distance of 22.08
feet to the place of Beginning;
-2-
Thence N 360 53. 31" E by and along the
fisting common boundary line between land of
the Grantor and Bangor International Airport,
as the same now "late, a. distance of 743.22
feet to land of Edwin L. Colburn as described
in Volume 4106, Page 332, Penobscot Registry
of Deeds;
Thence N 560 32. 07" W.by and along the
existing common boundary line between land of
the Grantor and lands of said Edwin L.
Colburn's a distance of 200 feet to a corner
of the parcel herein conveyed;
Thence S 360 53. 31" N through land of the
Grantor a distance of 709.61 feet, more or
less, to a corner of the parcel herein
conveyed;
Thence S 450 35. 31" E by and along the
existing common boundary line between lands of
the Grantor and Bangor International Airport,
as the same now exists, a distance of 201.67
feet, more or less, to the place of BEGINNING;
Being a land-locked parcel off the easterly
end of Grantor's lot, containing 3.31 acres,
more or less.
Bearings .herein are referenced to grid north,
Maine State Coordinate System, _East Bone, "NAD
83".
Being a portion of the premises conveyed to
the Grantor herein by Sohn P. Downing by his
warranty deed dated December 5, 1945 and
recorded in Volume 2104, Page 18, Penobscot
Registry of Deeds remaining after prior
acquisitions by the United States Government
antl others in connection with previous
expansions of Dow Air Force ease, presently
Bangor International Airport.
The above-described premiaea being a portion
of "Parcel D" as shown on a standard boundary
Burvey dated march, 1990, prepared by Jerome
Watts, RLS, for the Maine Air National
Guard, to be recorded. Also being the same
premises depicted as "Parcel 2" on a plan of
the City of Bangor Engineer's Office titled
"Bangor International Airport Land Acquisition
Plan" to be recorded herewith.
-3-
and be it further
MDMED,
THAT the City Engineer shall and is hereby directed to give notice
of this acquisition to all Interested parties as provided in Title,
30-A M.R.S.A. S 3103 and 23 M.R.S.A. SE 3022-30231 to conduct a
hearing for the purposes of determining the amount of just
compensation to be awarded for the acquisition of the above real
estates and to make a report of his findings to the City Council.
_4_
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-five Thousand Dollars
($45,000.00).
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, the Bangor City Council must first adopt a "Resolution of
Condemnation" to be served upon the property owner(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 then 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 property described..
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BURGUNDY TRUST
_2_
all other persons unascertained or not, being or unknown, or
out of
the State, and all other persons whomsoever who claim or may
claim
any
right, title, interest 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:
A certain lot or parcel of land situate in the
City of Bangor, County
of Penobscot and State of
Maine more particularly
described as follows:
Beginning at a steel rebut set in the Southerly
side line of South Street at its intersection
with the westerly sideline of Front Street, as
the same now exists, following a widening of
Front Street to a 90' street by the City of
Bangor In 1865;
Thence S 80 49. 40" 8 by and along the. existing
Sideline of Front Street
a distance of 27.85 feet
to a steel rebar set;
Thence continuing S 10 23. 50' E by and along the
existing side line of Front Street, as relocated
by the City of Bangor in 1867, to the
intersection of Said line with the northwesterly
line of Railroad Street, as the same now exists
following a relocation of Railroad Street by the
City of Bangor in 1894;
Thence S 510 40. 10" w by and along the
northwesterly side line of Railroad Street a
distance of 46.46 feet to the nominee corner of
two parcels described in the deed from Thomas M.
Hersey to Paul R. England and Richard A. England
dated January 14, 1970 and recorded in Volume
2176, Page 502, Penobscot Registry of Deeds;
Thence N 30 33' 30" B by and along the easterly
line of "Parcel II" as described in said Volume
2176, Page 502 a distance of 110.19 feet to a
steel rebar found;
Thence continuing on the same line N 30 33. 30^ E
a distance of 19.04 feet to the southerly line of
South Street at a point o.81' from a steel rebar
found within the South Street right-of-way;
Thence N 87" 28. 10" B by and along the southerly
side line of South Street
a distance of 22.08
-
feet to the place of Beginning;.
-3 -
Being a small irregular-shaped lot on Front
Street containing 3,460 square feet, more or
lose.
Bearings herein are referenced to Grid North,
Maine State Coordinate System (1927) East Sone,
as determined by Pliega S Day, Land Surveyors, in
a survey for Burgandy Realty Trust dated January
30, 1990, to be recorded herewith.
The above-described premises consists of portions
of Lots Nos. 5, 6, 7 and 8 as shown on the Survey
and Partition Plan prepared for Albert Dole and
others dated November 20, 1857, and recorded in
Plan Book Volume 3, Page 71, Penobscot Registry
of Deeds, remaining after prior widenings and
relocations of Front Street and Railroad Street
by the City of Bangor in 1865, 1867 and 1894.
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-five Thousand Do11arB
($45,000.00).
STATEMENT OF FACT: 30-A M.R.S.A. 5 5204 authorises municipalities
to acquire by eminent domain property, or interests therein, in
designated Blum or blighted areas. - In order to ar ercise this
Power, the Bangor City Council must first adopt a"Resolution of
Condemnation" to be served upon the property owner(s). After
service he 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 then have
three months in which to appeal the amount of the award; condemnees
who do not receive personal notice have twelvemonths in which to
appeal the amount of the award. The purpose of this eminent domain
action is to acquire fee simple title to the property described.
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"EXHIBIT B"
Maine Central Eallrcad Company
Other claimants unknown
CERTIFICATION:
THIS SURVEY CONFORMS TO STANDARDS SET FORTH
BY THE STATE BOARD OF REGISTRATION FOR LAND
SURVEYORS, CATEGORY T, CONDITION IL, WITH
THE FOLLOWING EXCEPTIONS'
a) NO REVISED LEGAL DESCRIPTION WAS
PREPARED]
L) NO REPORT OF FINDINGS AND OPINIONS
WAS PREPARED.
91-53
GRID NORTH
MAINE STATE
COORDSYSTEM
NATE
SYSTEM (1e27)
EAST ZONE
r
z
O�
A
L
A �
m A
A mO
ANDARD BOUNDARY SURVEY
PLILGAtY
LAND SURVEYORS
72 MAIN STREET
BAWGOR, MAINE 44401
DATE - JAN. 30,1990
P)•Eo J -No 861IO
LEGEND
UTILITY POLE
------ OVERHEAD WIRES
❑ GRANITE MONUMENT (POUND)
O REBAR / BOLT (FOUND)
REBAR (SET)
HYDRANT
0 SEWER MANHOLE
15 CATCH BA5IN
O FILL COVER
SCALE
0 20
AND
TOPOGRAPHIC SURVEY
LAND OF
)TO PAINT SUPPLY,INC.
PEN085COTREbISTRY OF DEED5
VOLUME 2890 PAGE 25G
3E W. WEATHERBEE, ETA L.
PFNOBSCOT REGISTRY OF DEEDS
VOLUME 2398 PAGE 324
INE CENTRAL RAILROAD
PENOBSCOT REGISTRY OF DEEDS
.300, VOL. 535PE,. 453, VOL G4G-PG 312
BANGOR, MAINE
FOR
3UNDY REALTY TRUST
28 10
I
08,
7-
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NOTES HWrn
l I I
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uNK FENCE NI/ m Col
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AUTO
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I. ALL UTILITIES SHOWN HEREON ARE wU
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PAINT SUPPLY, INC.
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APPROXIMATE AND SUBJECT TO I I SUPPLY
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AND RIGHT OF FIRST REFUSAL I L—O
9 -I II �/
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Or
GRANTED TO W.C_ WEATHERBFE ( OaT
SONS, INC. RECORDED IN YOL.4515,j
I /% a / I
PG. 17 AT PENOBSCOT REGISTRY
/G
m
I A
OF DEED5. �w���
111/// 1 m� I �COO°5'O�
I ' I
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3. VERTICAL CONTROL BASED ON X "* / \5
/ I C,///'
U. S.G.S. BENCHMARK Y-8, 1927, 1
—
ELEV. = 20. G8G' ( I' CONTOUR2/i
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4. BOUNTNRY LINE ESTABLISHED BY
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/ `�2//q'///�I I BRICK
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CALLS RECITED IN A DEED FROM ,��% �- NIF
AL 11/� I
I
THOMAS M- MERSEY TO PAUL R.
0.01'
I / �/ GEORGE W.
/ /
WEATHERSEE,ET /
ENGLAND, ET, AL., RECORDED IN
O--}--�
VOL
yW
/IS,
98GIP 4.FT4
PENGQSCOT REGISTRY OF DEEDS /\
VOLUME 2176- PAGE 502.
PLILGAtY
LAND SURVEYORS
72 MAIN STREET
BAWGOR, MAINE 44401
DATE - JAN. 30,1990
P)•Eo J -No 861IO
LEGEND
UTILITY POLE
------ OVERHEAD WIRES
❑ GRANITE MONUMENT (POUND)
O REBAR / BOLT (FOUND)
REBAR (SET)
HYDRANT
0 SEWER MANHOLE
15 CATCH BA5IN
O FILL COVER
SCALE
0 20
AND
TOPOGRAPHIC SURVEY
LAND OF
)TO PAINT SUPPLY,INC.
PEN085COTREbISTRY OF DEED5
VOLUME 2890 PAGE 25G
3E W. WEATHERBEE, ETA L.
PFNOBSCOT REGISTRY OF DEEDS
VOLUME 2398 PAGE 324
INE CENTRAL RAILROAD
PENOBSCOT REGISTRY OF DEEDS
.300, VOL. 535PE,. 453, VOL G4G-PG 312
BANGOR, MAINE
FOR
3UNDY REALTY TRUST