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HomeMy WebLinkAbout1991-02-25 91-112 RESOLVEDate 9-15-91 Item No. 91-112 Item/subject: Resolve, Approval of Resolution. of Condemnation 119 Front Street - Penobscot River Waterfront Responsible Department: Legal Commentary: This Resolve constitutes final Council, Approval'of the City's eminent domain acquisition of the property located at 1.0.9 Front Street belonging to Maine Central Railroad. The Council originally gave its approval to this acquisition on December 26, 1990. Under the procedure prescribed by 30-A M.R.S.A. S 5209, aeand approval by the municipal legislative body is required before a taking may become final. The City will have legal title to this parcel upon recordation of this Resolve and Council Resolve 91-53 at the Penobscot Registry of Deeds. Manager's Comments: T LzY117 - ._/ _ .I. 2W�� Ouas�1'WNWV. Vr^trbsran� Guy Mama" Associated Information: Budget Approval: y00 Fimun Di sour Legal Approval Gry Snllnf ar Introduced For Pass" - First Reading Page—of— Referral age—of— Referral Assigned to Councilor Frankel, February 25, 1991 CITY OF BANGOR (TITLE) �601t1Ci-.ApprouaL._of_.Reaolutlon--- of ... Condemnation ... for.... ............. ... Certain Property in Bangor Located at 119 Front Street - Penobscot River Waterfront Redevelopment Plan -- Tax Map 43, let 32 - ByW CRy Coanai! of flw City o(Bamyor: MSOLV&D, WHEREAS, pursuant to 30-A M.R.S.A. W 5204 and -the City Of Bangor's "Penobscot River Waterfront Redevelopment Plan", a duly adopted Community Development Program, the City of Bangor adopted on December 26, 1990, as Council Resolve 91-53, the attached Resolution of Condemnation affecting property of Maine Central Railroad at 119 Front Street in the City of Bangor; and WHEREAS, the Resolution has been served on interested parties; and WHEREAS, the Maine Department of Transportation has waived its first refusal rights over the affected parcel under 23 M.R.S.A. 9 7105(3); and WHEREAS, 30-A M.R.S.A. 5 5204 requires that after such servlce the Resolution is to bas submitted to the legislative body of the municipality for approval or disapproval; and WHEREAS, the property description contained in Council Resolve 91-53 requires amendment to conform to a survey plan of the affected parcel by Plisga A Day, Land Surveyors, dated January 30, 1990, as revised January 31, 1991, NOW, THEREFORE, By the City Council of the City of Bangor, be it RESOLVED, THAT the Resolution of Condemnation iStreet, to a y of Maine Central Railroad Company at 119 Front Street, adopted as Council Resolve 91-53 on December 26, description is hereby hed her by and that the Re the amender] property description attached hereto; and that the Resolution of Condemnation, as thus amended, Is her approved. BE IT FURTHER RESOLVED, THAT upon filing of said Resolution of Condemnation at the Penobscot Registry of Deeds in accordance with 30-A M.R.S.A. g 5204(2), the amended property description herein adopted shall be substituted for the property description contained originally in Council Resolve 91-53. IN CITY COUNCIL February 25, 1991 Consider next meeting. ri �Iry CLERK IN CITY COUNCIL March 13, 1991 Passed ' CITY ERK 91-112 RESOLVE Avorwal of Reeolutiov of Condemvaeion for Certain Property in Bangor Located at 119 Front I Street Penobscot Reiver Waterfront Redevelopment Plan Tax Mao 43, Lot 32. 91-112 119 Front Street Revised 1/31/91 A certain lot or parcel of land and buildings located thereon 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 southwesterly 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 280 37. 50• W by and along the existing sideline of Front Street a distance of 27.85 feet to a steel rebut set; Thence continuing S 360 03. 40" w by and along the existing side line of Front Street, as relocated by the City of Bangor in 1867, a distance of 73.27 feet, to the intersection of said side line with the northerly side line of Railroad Street, as the same now exists following a relocation of Railroad Street by the City of Bangor in 1894; Thence S 880 31. 40" W by and along the northerly side 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. Sngland and Richard A. England dated January 14, 1970 and recorded in Volume 2176, Page 502, Penobscot Registry of Deeds; Thence N 410 10. 00" E by and along the easterly line of "Parcel Ii" as described in said Volume I- --- -- 2176, Page 502 a distance of 110.19 feet to a steel rater found; Thence continuing on the same line N 410 10' 00" R a distance of 19.04 feet to the southerly line of South Street at a point 1.00 feet from a steel rater found within the South Street right-of-way; Thence S 550 04. 20" E by and along the southerly side line of South Street a distance of 22.08 feet to the place of Beginning; Bud containing 3,460 square feet more or less. The above description is based on a revised survey plan dated January 31, 1991, prepared by Plisga 6 Day Land Surveyors, for Burgandy Realty Trust, to be recorded herewith. The above promisee being a portion of lots nos. 5, 6, 9 and 8 of a plan for partition of leas of Albert Dole and others dated November 20, 1857 and recorded in Plan Book 3, Page 71, Penobscot Registry of Deeds. The portion of said lots being conveyed herein is that portion remaining after previous widenings and relocations of Front Street and Railroad Street, and after previous conveyances by Maine Central Railroad Company recorded in volume 1105, Page 122, Volume 1119, Page 164, Volume 119, Page 165, and Volume 2074, Page 28, Penobscot Registry of Deeds. For Grantor's source of title to the above premises, see Volume 418, Page 50, Volume 534, Page 300, Volume 535, Page 453 and Volume 646, Page 312, Penobscot Registry of Deeds. There is also conveyed herewith all of the Grantor's right, title and interest in and to the whole of an existing brick building located partially on the above-described premises, portions of which extend into the present rights-of-way of Front Street and Railroad Street, as shown on Plisga 6 Day's revised survey plan. It being the intention of Grantor by this Deed to abandon to the City of Bangor any prescriptive or other rights to encroach with said building upon the existing City rights-of-way.