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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 Ar P611 ReP e Manager's Comments: —rXra7 iap.the ,,; �„I.,, Ipsi,st 410! Ar ��t,LV��MW�-`Fd .rl�rnaQ�W�nen� ery n.,rn.,s.r Associated lnformatien:d n,dyt ,thp.P r Budget Approval: CD (t Fina a Di¢ Legal Approval cirysaliaim, Introduced For ED Passage O First Reading Pap _of_ 0 Referral 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. 1LC /x2.. 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.. Y�zi 'ii �) l L IL E AUTO PAINT wna�rcrcv G E< SPL. MINE CENTRAL IIAILRWO / UARWAHNNE 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. s[aana. OQ Im pwFAINTSK. IM CENTRAL MKIWO ux¢agNN^•n n .UNUY REALTY TRUST I EE f' ?pp4 :q9 {a s[aana. OQ Im pwFAINTSK. IM CENTRAL MKIWO ux¢agNN^•n n .UNUY REALTY TRUST OQ Im pwFAINTSK. IM CENTRAL MKIWO ux¢agNN^•n n .UNUY REALTY TRUST 9i -sI "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- I A NOTES HWrn l I I NIP uNK FENCE NI/ m Col I w3 II L I I\ I A AUTO P•_ I PAINT AUTO I. ALL UTILITIES SHOWN HEREON ARE wU N I PAINT SUPPLY, INC. / ¢Pik IIII �I I I / I I mn APPROXIMATE AND SUBJECT TO I I SUPPLY VOL. 289C- PO ZSG I . x Ozl I I TIS UA VERIFICATION BY LOCAL UTILITY Q I OH)'-, �PARCELI �, 528 Nal So 11 >\ IN� I I COM PANIES Id _D 2� -FT- I N I yZr IIII/ I I \ I NO I 2. PARCEL No.I SUBJECT TO OPTION / to a `}, I • I I I I Ipl / IIII II I I LI m I AND RIGHT OF FIRST REFUSAL I L—O 9 -I II �/ I I/ n III I hIII I I" \ I w" 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 l� 3. VERTICAL CONTROL BASED ON X "* / \5 / I C,///' U. S.G.S. BENCHMARK Y-8, 1927, 1 — ELEV. = 20. G8G' ( I' CONTOUR2/i / �Osio�P I INTERVAL SHOWN. — I I �✓ I I `�/�� 4. BOUNTNRY LINE ESTABLISHED BY \) / `�2//q'///�I I BRICK I / I 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