HomeMy WebLinkAbout1962-08-13 204-P ORDERIntroduced by Councilor /3roww
CITY OF BANGOR
(TITLE) P)EIlert Authorizing the, City Manager to Sign a Stipulation
Naval Reserve Property
By the City Couw.it of City of Bangor:
ORDERED,
THAT the City Manager be and is hereby authorized to execute
a stipulation between the United States of America and the City of
Bangor relative to the Navel Reserve property so called on Essex
Street. A copy of the Stipulation is attached hereto.
V� 047 200-P
y oaA
OADBB
V riSle,
IN CITY MUSCIL
Aug. 13, 1962
Referred to City iyknnr Solicitor.
tabled
Ef£j' B plK
IP CITY COUNCIL
Avg. 27, 1962
Taken from table, PA361m
.. agNt eity manager to Stgq St(gy;,
lotion-NavalReserve.Property.....,
................
latrodubmi and filed by
Li THS W -TEP STATES PUT= CCMT
FnR THE ➢➢STRICT OF MINE,
NORTHERN rMSION
LNIiRP STP.TzS OF A IAs
Plaintiff,
V. ( Civil Action No. 1239
3.2 AGRFB OF L&NDs MORE OR LESS,
IN Ta COUNTY OF PFNOWCOfs STATE
OF MALE, AND THE CDTT OF BWOORs
MAINE, SP AL.,
OaYandavts.
.STIPLTATION FE:,r THE ONITEP STATS OF ANY:RICA AND
THE CM OF BANGOR, I AINE, and FASTMH TRUST AND 13lNKRA COMPANY ( m TGAM).
This stiruiation made this day of _,
iy And hmtween the L ited States of America, represented by ALTON A. I2S.S92 s
United Sates Attorney, and DAbIP G. RPP TS, Assistant United States Attomey,
acting under the inatrmtiona of the Attorney General of the united Atatess
And the undersigned defendant(5) herein, witnesseth:
The. said Undersigned dsfsndsnttyy 4 IAn�at the
t Maine)
(4 t, M of the t.a.kLy;
United Stated, by virtue of this condemnation proceedhog, of the 1tud. !w_eva-
after described, clain(s) sole ownership at that time of the lard! borein
identifier. as
onne or less,
that plat or plan entitled SCHEDULE °fl^, a copy of which is attachet to the
rent ration of Taking 4i -led in this proceeding And made a pa -t theinof. The
'.hit -,t States "]Jos upon the aforesaid statement that, at the tins of the
ta�hLdp of the said ]anal deecribad herein by the United ttatas by virtue e4 this
crn�tlsmnatior. procaediig, the title to said Iuui as irented as stated herein And
that tbora ware no otbsr outstandiag intereats in or claims to the .said land
other &an as se. out hnrein.
The said underaignsd dehendant(s) being (�1 (aaa the
paa:ias) in lntnrcat ( ivea) (do) hereby es-ressly consent to become (a..partwzl
;Parties) to the ehoae entitled case as defen2 ((s) and (abed) (on) hereby
en.sr EM} -in-} (then) appsaranen in this action, and n:cprassly Waive("
ser,n'a of samens, eonplaint, notice of the filing o4 complaint, snd any and
rJ n'.har iaaneaeed vd DronawHv.ga, IpietyeAPv9nAf7-'mivine, trial by .1" ✓✓ nod
U4 And ail, r ghta nffe•.al :hereby.
Stipulation—
The said defendants) duet (do) hereby further stip.late(r} end agree(ai'
that the Honorable, the United States District Court for the District of Maine,
is authorized and petitioned to anter, without further notice, a judment in
said action reciting the vesting of
fee simple title subject to reversion to the City of Dargor of all rights title$
and interest acquired from the City of Bangor herein upon the abandonment of the li
use Of the site for Naval Reserve and Marine Corps Reserve training purposes$
provided$ however$ that any buildings and improvements now on the land or hereafter
placed or constructed on the land shall be and remain the property of the United
States and the United States shall have the rights at any time all at its discretions
to abandon any or all such buildings and improvements as otherwise dispose of them$
in the United States of merlca pursuant to the filing of said declaration
of toling net deposit thereunder$ and adjudging just compensation to be the
=mount stipulated herein without interest, and the court is authorized and
petitioned to include a provision in the judgment for the disbursement of the
said compensation.
It is intended by these presents to relv.se all claims far the taking,
s aforesaid, of the area described herein, and to release all rights and
claims by any of the undarsigned of rights by descent and all other statutory
rights in the premises describod by or included in this stipulation.
Cityf Bangor, Maine,
The undsrsigned/further agree(s) to repay to the United States of :,merica
all or any port of the compensation paid by virtue of this stipulation if it
should appear that any other person or persons is (are) entitled to a part or
all of such compensation, and said repayment shall be made in whatever amount
and in vhatsysr manner is directed by the United States District Cart.
IT 13, TFSR?CHE, STIkUD.,TED :d1D i;CHEED by and between the parties.
hereto that the full. and just compensation to be paid by the United States
for the taking, as aforesaid, of said 1:.nd, including damzge arising out
of this tzking, if any, to any remaining land owned by the defendant(s), shall
be the sue of $1•CU inclusive of interest, and that a
judg. nt by consent be entered herein against the United States of ,merica
Por the s.cid sun, ordering its disbursement in the fo Dowing msmer:
Stipulation -3
4
To the City of Bangor$ Maines for the taking of said parcel of land
containing 3.2 acres$ more or less. the 5m of M MTIM ($1.00)$ naw on
deposit in the Registry of the U ted States District Courts to be paid forth.
with.
ALTON A. LFSSARc
United States Attorney
By
DAVID G. BU=S
Assistant U. S. Attorney
Attorreye for Plaintiff
WITN65S: cm or &Nf/lRs MATNE
By
City Nanagar
BAS= mB AND BANRAG co 3=
BY
Its duly aMJxrLzed
Title
(Seal)