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HomeMy WebLinkAbout1990-01-08 90-37 ORDERCONSfe+'r 111 Date ..1-80camc -90 Item No. 90-37 Item/Subject: Resolution of Condemnation for Certain Property Located Within the Area Bounded by Newbury, York, Boyd and Hancock Streets Responsible Departmer" Legal - Commmmry: The purpose of this Order is to begin the process for a "perimeter taking" for the property under option to Gridley Street Associates. For further information, see the Statement of Pact incorporated in the Order. A-prtrnms Hmd Wausa's Comments: —T)I.LD K490 vu.Lm� �� �a �41e4ANs 8�D-i G\O�tf�✓*F".° "<f� MOAA cur m..ase. Auociaud! Informabono , Budget Approval: EZ eu Dots, Legal Approval: ctr to;;tnw Introduced For O Passage ❑ First Reading Page_ of ❑Referral 90-3] AmipvS to Casual or Sullivan, January B. 1990 CITY OF BANGOR (RRFJ (Prbgry Resolution of Conaennation. for Certain Property Located Within the Area Founded by Newbury, York, BoydandHancock Streets, Including Ways Formerly Known as Gridley Street, Frazier Street, and Church Lane .._ _.. .------ ................. By I" Cay Conan ofd w City of Baayor ORDERED, THAT WHEREAS, pursuant to its duly adopted Community Development Program, the City of Bangor deems it to be in the public interest to convey the property described below and shown on exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the City has previously acquired title to all or most of the privately -held interests of third parties in the property; and WHEREAS, the City wishes to acquire all remaining interests, if any, of any third party in the property, - 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 N.R.S.A. S 5204, any and all residual or fee 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 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 o estate, legal or equitable, in the within described land, real estate, building or any other interest in the within described premiaes. The premises are more particularly described as follows: A certain lot or parcel of land situated in Bangor, County of Penobscot, State of Heine, bounded and .deacribed as follows: Beginning at a 48" no. 6 rebar set on the westerly sideline of Newbury Street a distance of 200.0 feet from the intersection with the southerly sideline of York Street; thence south 666 00' 30" Nest a distance of 213.6 feet to a 48" no. 6 rebar; thence south 100 15' 30' east a distance of 29.0 feet to a 48' no. 6 rater; thence south 61" 00' 00" west a distance of 99.2 feet to a 48' no. 6 rebar; thence south 900 04' 00" west a distance of 247.8 feet to a 48" No. 6 rebar on the easterly sideline of Boyd Street; thence south 250 20' 50" east by and along the easterly sideline of Boyd Street 139.4 feet to a 48' no. 6 rebar; thence north 710 35. 10' east a distance of 63.7 feet to a 48" no. 6 rebar; thence south 180 24' 40" seat a distance of 2.4 feet to a 48' no. 6 rebar; thence north 710 35' 30" east a distance of 72.9 feet to a 48" no. 6 rebar; thence north 13" 00" 00" west a distance of 18.9 feet to a 48' no. 6 rebar; thence north 720 19. 20" east a distance of 439.8 feet to an iron rod on the westerly sideline of Newbury Street; thence north 270 42. 00" wear by and along the westerly sideline of Newbury Street 204.5 feet to the point of beginning. Bearings referenced herein are based upon grid north, Raine State Coordinate System (1927), east Included in this taking are the fee and any other interests of any party in the former dedicated and undedicated ways known as Gridley Street, Frasier Street, and Church Bane. Be IT FURTHER RESOLVED, THAT inasmuch as the interests acquired herein are those remaining after prior acquisitions of the City, the amount of damages constituting Just compensation for the acquisition of the entire fee simple interest in the above-described property is $1.00. STATEMENT OF FACT: 30-A R.R.S.A. S 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 most 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 City's taking; condemnees who do not receive personal notice have twelve months in which to appeal the City's taking. The purpose of this eminent domain action is to acquire any private interests outstanding in the premises after previous acquisitions by the City of Bangor. I City Cnwcil Jar ry 8.1990 Pasb'Ed �j/ City Clerk 90,3] ORDER Title, ileealttiar Of oo 1O atlm for _Ceztain ................... Property I ttd Within the Area Bounaea By 'N""' $k:'$or.....I. Heridsk'SEicets i5 +eys faxgr r%y idley Frazier, and [[,,�G(( ((�9 A gnedd to ...... .. .. ........ Councilman { z. .. _._, _ PA lee \ we \ . .P,[ 140 .'^ IS 90-3) EXHIBIT "B" Heirs Of Noses Brown Ebenezer Mme Samuel Veazie Joseph N. Curtis John Barker Sohn Fraser Sohn H. Brom Nary McGrath Michael Gahagan Roman Catholic Bishop. of Portland Parkway Realty Development Corporation