HomeMy WebLinkAbout1989-08-28 89-367 ORDERIntrm!red For
sage
❑ First Reading Pege_of_
❑ Referral
Date
August 24, 1989 Item No.
Item/Subject: Parcel B-4
Respomible Mpar mens:
Commentary:
The purpose of
this Order is to confirm the
City's willingness to perform
a "perimeter taking' -of the land
areaencompassed in Parcel
B-4 to eliminate any title defects
on the record.. A similar course of proceeding was necessary in
the conveyance of property
in the York -Hancock Street area and
the parcel acquired by Franeway Realty for the new Key Bank
Building.
"
no0mn fmL '.
—
Manager's Comments:
—
city Mewgr
AsaociatM Information:
Rudgeu Approval
"
Firmer gixtor
Legal Approval:
k
-
'Cio satirize,
Intrm!red For
sage
❑ First Reading Pege_of_
❑ Referral
Amipied to Counedor
CITY OF BANGOR
(TITLE) (ffirbex Authorize Execution of Agreement with Mt. Desert
Associates: Parcel B-4 - Eminent Domain Proceedings
By Um City Council of W MY ofBa*Oa+
OEDEEED,
THAT The City Manager is hereby authorized and directed
on behalf of the City of Bangor to execute an agreement, a copy
of which is on file in the office of the City Clerk, providing
for the exercise of the City's eminent domain powers to eliminate
on the record certain technical defects in the City's title to
Parcel B-4.
Inbred ced For
sage
❑First Reading _Pape — of
L1 Referral
msncn
`Augusts
Date
24, 1989 Item No. 89-367
Imrn/Subject: parcel B-4
Responsible Department:
Commentary:
The purpose of
this Order is to confirm the
City's willingness to perform a "perimeter taking"of the land
area encompassed in Parcel
B-4 to eliminate .any title defects
on the record. A similar
course of proceeding was necessary in
the conveyance of property
in the York -Hancock Street area and
the parcel acquired by Fransway
Realty for the new Key Bank
Building.
wpan. same I
Manager's Comments:
Cayman's=•
Associated Information:
Budget Approval:
Fire ceDire
Legal Approval:
_ kw
Miry Solieirui
Inbred ced For
sage
❑First Reading _Pape — of
L1 Referral
89-36]
Asdred to CouncJor Tilley, August 28, 1989
CITY OF BANGOR
)DILL) Mri¢rt Authorize, Execution of Agreement with Mt. Desert
As80Clatea: Parcel B-4 - Eminent Domain Proceedings
By tha CUP Coumel oftU MY OfBam PT.'
t't t
TUT The City Manager is hereby authorized and directed
on behalf of the City of Bangor to execute an agreement, a copy
of which is on file in the office of the City Clerk, providing
for the exercise of the City's eminent domain powers to eliminate
on the record certain technical defects in the City's title to
Parcel B-9.
89-367
Authorize Execution of Agreementwith Mr.
IN CITY COUNCIL Desert Associates: Parcel 8 - Eminent
August 28, 1989 Domain Proceedings
Passed
Councilor Tilley
O
CITY ]LEER
$'uS rai tow s9.947
r.egal�cepartment 0 F TN" 2v+w9
Date August 24, 1989.
10: -City 'Council
IR(MP Robert Miller
RE: " ' Parcel 3-4
Enclosed please find a proposed Council Order
which I would like to have you consider under Suspension of the
rules on Monday night. It is necessary for the development of
Parcel B-4.
Please call me if you have any questions.
/jm A.E.M.
AGREEMENT
This Agreement is entered into as of this _ day of August,
1989, by and between Mt. Desert Associates, a Maine General
Partnership with a place of business in Bangor County of
Penobscot, State of Maine (hereinafter "Buyer') and the City Of
Bangor, a municipality situated in Bangor, County of Penobscot,
state of Maine (hereinafter "Seller").
RECITALS:
1. Buyer has acquired a lot of land (commonly referred to
s Parcel B-4) from Seller by deed of even date for the
development of a commercial structure thereon.
2. The parties acknowledge that there are title defects to
certain portions of Parcel B-4 which need to be cured.
NOW, THEREFORE, in further consideration of the purchase of
the premises and the obligations of the parties, the parties
hereby agree as follows:
1. Seller shall proceed with due diligence to exercise its
eminent domain authority to cure any title defects to Parcel B-4.
2. Seller and Buyer, through their respective legal
counsel, shall coordinate the exercise of said eminent domain
authority to insure that the title defects are adequately
addressed to the satisfaction of Buyers legal counsel and/or its
title insurance company.
3. UPON completion of said eminent domain action, Seller
shall provide Buyer with a duly executed confirmatory deed for
Parcel B-4.
4. All costs and expenses arising from the exercise of said
eminent domain authority, except for expenses incurred by Buyer,
shall be borne by Seller.
IN WITNESS WHEREOF, the parties have duly executed this
document as of the day and year first above written.
MT. DESERT ASSOCIATES
By:
Its Partner
CITY OF BANGOR
By:
Edward A. Barrett
Its City Manager
pate August 24, 1989.
TO: City Council
FROM: Robert Miller
AB; Parcel B-4
Enclosed please find a proposed Council Order
which I would like to have you consider under Suspension of the
mules on Monday night. It is necessary for the development of
Parcel B-4.
Please call me if you have any questions.
/jm A.E.M.
AGREEMENT
This Agreement is entered into as of this_day of August,
1989, by and between Mt. Desert Associates, a Mane General
Partnership with a place of business in Sanger, County of
Penobscot, State of Maine (hereinafter "Buyer") and the City of
Bangor, a municipality situated in Bangor, County of Penobscot,
State of Maine (hereinafter "Seller").
RECITALSz
1. Buyer has acquired a lot of land (commonly referred to
as Parcel B-4). from Seller by deed of even date for the
development of a commercial structure thereon.
3. The Parties acknowledge that there are title defects to
certain portions of Parcel B-4 which need to be cured.
NOW, THEREFORE, in further consideration of the purchase of
the premises and the obligations of the parties, the parties
hereby agree as fullness
1. Seller shall proceed with due diligence to exercise its
eminent domain authority to cure any title defects to Parcel B-4.
1. Seller and Buyer, through their respective legal
counsel, shall coordinate the exercise of said eminent domain
authority to insure that the title defects are adequately
addressed to the satisfaction of Buyer's legal counsel and/or its
title insurance company.
3. Upon completion of said eminent domain action, Seller
shall provide Buyer with a duly executed confirmatory deed for
Parcel B-4.
4. All coats and expenses arising from the exercise of said
eminent domain authority, except for expenses incurred by Buyer,
shall be borne by Seller.
IN WITNESS WHEREOF, the parties have duly executed this
document as of the day and year first above written.
MT. DESERT ASSOCIATES
Byz
Its Partner
CITY OF BANGOR
Bys
Edward A. Barrett
Its City Manager