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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.