HomeMy WebLinkAbout1962-02-26 82-P ORDER� „uN
°
cilor Brown, Feb,
CITY IntroduCeOFd by e�BANGORfi, 1962
OR[6?-MxUx7......Accepting. DeedfX o,n United skates cn.,ernment for
I Property on Union Street
OB"he Countil of the City of Bang :
ec7 OEMED,
THAT the attached deed be and is hereby accepted and that the City
Manager be authorized to execute said deed in the name of the City of Bangor
and to pay the sum of Cne Thousand Seven Hundred Fifty Dollars ($1, 750.00)
in exchange therefor.
62-P
RECEIVED ORDER
IM FEB 21 FM 9:22 m" 14
i
CITY CLERK'S OFFICE Pend_ from. U.S.._Guv"x ont for ...................
!ILY OF BANGOR, MAINE
? k rtY...P.^..Union Steeet._._ ...
IN CITY COUNCIL lhft d ced a filed b5
Feb. 269 1962
PASSER)
NKSYXNXNNjfyyxltiitlN3Y -`-��fTe.^.".i......
C Y CLFBK a.d,
TRIS MEN made by and between the UNITED STATES
OF AMERICA, acting by and through the ADMINISTRATOR OF
GENERAL SERVICES, under and pursuant to the powers and
authority contained in the provisions of the Federal
Property and Administrative Services Act of 1949 (63 Stat.
377), as amended, and the Surplus Property Act of 1949
(58 Stat. 765), as amended, and particularly by Public Law
616, 80th Congress, approved June 10, 1948, and the regula-
tions and orders promulgated thereunder, party of the first
part, and the CITY OF BANGOR, MAID, acting by and through
its CITY MANAGER, his successors and assigns, party of the
second part.
WITNESSETH: That said party of the first part,
for and in consideration of the continuous use and mainten-
ance of the premises by the party of the second part, as
and for public park and recreational purposes, and in
consideration of the payment of the sum of ONE THOUSAND
SEVEN HUNDRED FIFTY DOLLAID4 ($1,750.00), t0 it in hand
paid by the party of the second part, receipt of which is
hereby acknowledged, by these presents grants unto the
said party of the astound part, its successors and assigns,
the following described parcel of land situated in the
City Of Bangor, County of Penobscot, State of Maine, being
more particularly bounded and described as follows:
Beginning at a concrete
rete monument on the
Southwesterly side of Union Street,
1195 feet, more or less, Southeasterly
of the Southeasterly side of Thirteenth
Street: thence South 540 27' 57" West a
distance of 253.37 feet toa concrete
o
monument; thence North 35 37' 42" West
a distance of 162.46 feet to a concrete
monument; thence North 350 37' 42" West
a distance of 137.54 feet to a point;
thence. North l',> C6` 53° East a of 101.58 101.58 feet to v, y:alnq thence NntR
35o 581 24" Feet a distance of 100.00
feet to a pointe thence North 54 OV
36" East a distance of 150.00 feet to
a point on the Southwesterly side of
Union Street; thence South 350 58' 24"
East along the Southwesterly side of
Union Street a distance of 450.00
feet to the point of beginning.
Containing 2.26 acres, more or less.
Said premises having been acquired by
the United States of America in fee
simple through the filing Of a Declara-
tion of Taking in Condemnation Pro-
ceedings entitled "U. S. A. V. A Certain
Tract of Land in the County of Penobscot,
State of Maine, and Hayford Peirce, Et al.,
Law No. 64", in the District Court of the
United States, for the District of Maine,
Northern Division.
Said property transferred hereby was duly
determined to be surplus and was assigned to the
ADMINISTRATOR of GENERAL SERVICESS for disposal, pur-
suant t0 the Federal Property and Administrative Services
Act of 1949 (63 Stat. 377), and applicable rules, orders
and regulations.
In the event there is a breach of any of the
conditions and covenants herein contained by the part+
of the second part, its successors and assigns, whether
caused by the legal inability of said party of the
second part, its successors and assigns, to perform said
conditions and covenants, or otherwise, during artd a
tventy-year period, all right, title and interest in and
to all of the said premises shall revert to and become
the property of the United States of America at Its option,
and it shall have the immediate right of entry on said
premises and the party of the second p>rt its successors
and assigns, shall forfeit all right, title and interest
in said premises and in any and all of the tenements,
hereditaments and appurtenances thereunto belonging:
PROVIDED, HOWEVER, that the failure of the
Secretary of Interior, or his successor in function, to
require in any one or more instances complete performance
of any of the conditions or covenants herein contained
shall not be construed as A waiver or relinquishment of
such future performance, but the obligation of the part,
of the second pRrt, its successors and assigns, with
respect to such future performance, shall continue in
full force and effect;
PROVIDED FURTHER, that in the event the sec -e-
tary of Interior, or his successor in function, _ails to
3
exercise the option to re-enter the premises for any such
breach within twenty-one years from the date hereof, all
of said conditions and covenants, together with all rights
of the United States of America to re-enter thereon as
herelnSEbeecprovided, shall as of that date terminate and
be extinguished.
The party of the second part does by the accept-
ance of this deed covenant and agree for itself, and its
successors and assigns, forever, as follows:
1. For a period of twenty years from the
date of this conveyance, the premises
above-describedshall be continuously
used and maintained as and for public
park purposes and for a public recrea-
tional area, for incidental purposes
relating thereto, but for no other
purposes.
2. For a period of twenty years from the
date of this conveyance,the party of
the second part, its successors and
assigns, shall file biennial reports
with the Secretary of Inter_or, or
his successor in function, setting
forth the use of the property durinp
the preceding two-year period, and
other pertinent data establishing
its continuous use
e of the premises
for the purposes set forth above.
3. The party of the second part will not
sell, lease or otherwise dispose of
any or the premises above-described
(except as herein provided) within
twenty years from the date of this
conveyance, without first obtaining
the written authorization of the
Secretary of Interior, or his successor
in function, to such sale, lease or
other disposal.
4. The party of the second part may, during
the said twenty-year period, secure the
abrogation of all the said conditions
and covenants, together with all rights
of re-entry herein contained, except
the right to repossess the premises as
contained in paragraph 5 hereinafter
set forth, by: (a) payment of the on -
amortized portion of the fifty percent
(50%) public benefit allowance granted
the party of the second part from the
current market value of THESE THOUSAND
FIVE SwSasnD DOLLARS ($3,500.00)which
4
amortization shall be at the rate of
five percent (5%) for each completed
twelve (12) months of operation in
accordance with the terms of transfer;
and (b) approval of the Secretary of
interior, or his successor in function.
i. The party of the first part shall have
the right during the existence Of any
national emergency declared by the
President of the United States of
America, or the Congress thereof, includ-
ing the presently existing national e -
gency, to the full, unrestricted posses-
sion,
sion, control and use o£ the premises,
or any part thereof,without charge;
EXCEPT TEST the party of the firs- part
shall be responsible during the period
of such,if occurring within a period
of twenty years from the sate of this
conveyance, for the entire cost of main-
taining the premises, or any portion
thereof so used, and shall pay a fair
ental for the use of any installations
or structures which have been added
thereto without Federal aid; PROVIDED,
HOWEVER, that if such use Is required
after the expiration of a period of
twenty years from the date of this con-
veyance, or the party of the second part,
its successors and assigns, have secured
the abrogation of the Conditions subse-
quent together with all rights of re-
entry as hereinafter provided, the party
of the first part shall p:y a -.air rental
for the entire portion of the premises so
used.
6. In the event of a breach of any condition
or cant herein imposed, the Secretary
of Interior, or his successor in function,
may Lmmedietely spier and possess himself
of title to the herein -conveyed premises
for and on behalf of the United States
of America.
I. In the event of a breach of any condition
or covenant herein imposed, the party of
the sem no part will, upon demand by the
Secretary of Interior, or his successor
n function, take such action, v hiding
the prosecution of suit, or execute such
instruments, as may be necessary o- re-
quired to evidence transfer of title to
the herein conveyed premises to the United
States Of America.
IN WITNESS WHEREOF, the UNITED STATES OF TIMR ,
acting by and through the ADMINISTRATOR of GENERAL SEROICES,
has caused these presents to be executed in to name arta
behalf by GENBWX SERVICES RAMINISTRAT'iON, Boston, Massa-
chasetts, and the CITY OF BANGOR, MAINE, acting by and
through its CITY MANAGER, to evidence its accord with,
and its acceptance of an agreement to be bound by the
reservations, restrictions, conditions and covenants
herein contained, has caused these presents to be executed
in its name and behalf on this day of
WITNESSES:
WITNESSES:
0
UNITED STATES OF AMERICA
Acting by and through the
ADMINISTRATOR OF GENERAL SERVICES
Regional Commissioner
General Services Administration
Boston, Massachusetts
CITY OF BANGOR
By
Joseph R. Coupal, Jr.
City Manager
0
�L'FL=r.:riNTF[:iO O^
OOUNTY OF SJPPOLN %
In Boston, id said Cnunty and State on this
day of personally appeared
Regional Commissioner, General
Services Administration, Boston, Massachusetts, duly
empowered and authorized and delegated by the Administrator
Of General Services (24 Federal Register 106811, to me
known and known by me to be the party executing the fore-
going instrument and acknowledged said instrument by him
duly executed, to be the free act and deed of the UNITED
STATES OF AMERICA, as his free act and deed individually,
and in his capacity as Regional Commissioner, General
Services Administration, Boston, Massachusetts.
STATE OF MAINE
Co[ OF PENOBSCOT) ss.
In Bangor, in said County and State, on this
day of before me, then and there personally
appeared JOSEPH R. COUPAL, JR., City Manager, Bangor, Maine,
duly empowered and authorized, who signed the foregoing
instrument and acknowledged the same to be his free act
and deed In his said capacity and the free act and deed
of the CITY OF BANGOR.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal the day and year aforesaid.