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.
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Associated Information:
Budget Approval: y00
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Legal Approval
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Introduced For
Pass" -
First Reading Page—of—
Referral
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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.