HomeMy WebLinkAbout1987-08-10 87-300 RESOLVE87-300
Introduced by Councilor Franekl, August 10, 1987
CITY OF BANGOR
(TITLE.) AM*- --------Resolution of Nnd cion for 160 Front Street,
Bangor, Maine, Owned by Nal Energy of Maine, Incorporated
By Du City Caynoit eMe City 4fDdit o .-
RDDOLV&D,
WgREAS, 30 M.R.S.A. 5 4854 authorizes municipalities to acquire real estate
by eai nent donain in accordance with their c ssmity development programa;
and
W1®i ' pursuant to its duly adopted Community Ikveloprmnt Program, the
City of Bangor deers it to he in the public interest to squire the property
described below: and
WHEREAS, previous atteapos to acquire the property by a negotiated sale have
failed,
NSW, 1BEREE , By the City Council of the City of Bangor
REBW,VED,
HEAT the City of Bogor acquire by eoinaht domain, pursuant to its duly
adopted Community Developnent Program, and 30 M.R.S.A. §.4854, any and all
interest in the real property and fixtures attached thereto situate at 160
Front Street, Bangor, Macre, as existing at the data of adoption of this
Resolution, owned by C ENERGY of vADTC, INCCMRAMD, subject to an
outstanding mortgage given by said CQ BN&CGy of MAINE, I�IED to the
�El 1'MAS£ CWietf OF Et4 M MADME, and all persons known or unknown
claiming under the aforementioned said perones or any of then and owners
unknown, or their heirs, devisces, legal representatives, successors,
signs, grantees, trustees in bankruptcy, receivers, dissei ors, creditors,
Hatred, and any and all other parsons unascertained or out, in being or
unknown, or out of the State, and all other persons whomsoever who claim or
may claim airy right, title or interest or estate, legal or equitable, in the
within describe] premises. Said prognses is more particularly described as
follows:
A certain lot or parcel of land with the buildings and
improvements thereon, situate in the City of Bangor,
County of Penobscot, State of Maine, more
particularly founded and described as follows;
• Begioning at the southeasterlymost comer of land
described in a deed £ran Bacon S Robinoun Canpany to
City of Bogor, dated July 23, 1953, recorded in the
Penobscot Registry of needs, volume 1529, Page 196,
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Mich co s defined by the intersection of the
southwesterly prolongation of the southeasterly
lire of Front Street with the easterly prolongation
Of the southerly line of Railroad Street, in said
Bangor; thence southwesterly along a further
prolongation of the southeasterly line of said
Front Street, to the northerly -most cornerof the
premises described in a deed fron Bacon 6 Robinson
CMiony to Central Distributing Corp., dated March
1956 and recordaf in said Registry, Wlune 1523,
Page 159; thence southeasterly along the
southwesterly boundary described in said deed to
General Distributing Corp., a distmsa of forty-six
(46) feet, aore or less, to an angle in said lire;
thence continuing southeasterly along said
southwesterly Wutdary descrited in said deed to
General Distributing Corp., a distance of one
hundred one (101) feet, more or less, to the cap
sill of the wharf as shown on a plan of B. S.
Deane, and others, Caienissionexs for Partition,
recorded in said Registry, Plan Book 3, Page 71;
thence southwesterly by the face of said cap sill,
a distance of forty-nine and five tenths (49.5)
feet, more or less, to the cost southerly corner of
lot numberal one (1) as shown by said plan recorded
in said Registry, Plan Book 3, Page 71; thence
continuing south westerly along the face of the cap
sill describes ina deed Fran Maine central
Railroad Wnpanyto Bacon a Midinsm Cagpny dated
March 25, 1937, recorded in said Registry, allure
1119, Page 165, a distance of two h;ndre9 twenty-
eight (228) feet, more or less, to the south corner
Of the wharf referenced by said last mentioned
deed; thence northwesterly along the southwesterly
face of the cap sill of said wharf and on a line
Mich is a direct extension northwesterly, a
distance of one hundred thirty -sin (136) fast to
the westerly -vast comer of the premises described
in a deal frau Maine Central Railroad Canpany to
Bacon s R binson comp ny, dated "ust 12, 1953,
recorded in said Registry, Volute 2074, Page 28;
thence northeasterly along the northwesterly lire
described by said last mentioned deed, a distance
Of two hundred sixty (260) feet, moa or less, to
the southwesterly line of the premises described in
deeds to Bacon 6 Robinson Co., recorded in Said
Registry, VOlme 962, Page 464, and Volume 1118,
Page 255; thence northwesterly along said
southwesterly line to an angle point therein;
thence continuing along the houndary of the lot
described in the aforesaid doods to Bacon 6
Robinson Co. recorded in Volume 962, Page 464, and
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V011me 1118, Page 255, innorthwesterly direction
to the southerly line of Railroad) Street, as said
street line is defined. by the aforarentioned deed
fron Bacon 6 Robinson mnpany to City of Bangor,
recorded in said Registry, Volume 1529, Page 96;
thence easterly along the said southerly line of
said Railroad Street, to the point of beginning.
the pranises herein conveyed are made subject to no
mcttd right of way as contained in the toed fora
Bacon s Robinson Canpsny to Bargor Garden Hones,
Inc. dated July 8, 1953, and being remrded in
Volute 1390, Page 90, Pamb sort County Registry of
Deans, and W which reference is hereby made for a
re particular description thereof: "Also is
hereby conveyed a right of way for all purposes of a
way in comaon with others war so much of the
pranises conveyed to Baron b Robinson Co. by each of
the deeds ahove referral to insofar as is bounded
southeasterly by the northwesterly lire of the above
described pretises, scuthaestorly by the
southwesterly line of the above described premises
extended northwesterly for a distance of 25 feet,
northwesterly by a lire 25 feet northwesterly frau
said northwesterly line of the above described
pranism and parallel thereto; and northeasterly by
the generally southerly line of Railroad Street
extended easterly to the above described preaises."
The premises herein conveyed] are made subject to the
following rights of way and covenants, which said
meenants shall be binding upon the Grantee, its
successoand assigns, and all as more particularly
set forth in deal frost Bamn 6 Robinson 0oa any to
Maim Central Railroad Coupany, dated August 13,
1953, and being recorded in the Panobscot County
Registry of Owls in oolune 1403, Page 122: "the
right and privilege to pass and repass on foot or
with vehicles and the right to allow its patrons and
licensees to pass and repass on foot or with
vehicles Over and across a certain lot or p noel of
land situated in the City of Bangor, County of
Penmsmt, State of Maine, bounded and described as
follows: Beginning on the southerly sideline of
Railroad Street, so-called, at the intersection of
said southerly sideline and the easterly side line
of Front Street, so-called, as now lmatedi said
southerly side line of Railroai Street being on
a
lire extending S. 88' 20' 30' B. frau the center or
base lire of location of Maine Central Railroad]
Cmpany as established by the Federal Valuation
Survey dated June 3U, 1916, at Valuation Station
-4-
2890+85.92; thence S. 88" 20' 30" E., a distance of
twenty and eight tenths (20.8) feet, more or less,
W a lire which is a direct prolongation
southwesterly of that portion of the easterly side
lire of FraK Street which lies between South and
May Streets, so-called; thence southwesterly alory
the aforesaid prolongation southwesterly of that
portion of the easterly side line of Front Street
which lies between South and Nay Streets, a distance
of sixty-seven (67) feet, More or less, to the
direct prolongation northwesterly of the northerly
side line of land conveyed by deed of Maine Central
Railroad Company to Bacon s Robinson Campany dated
march 25, 1937, at a point twenty-eight (28) feet
northwesterly, measured along said prolongated line,
from the northwesterly corner of said land conveyed
in said deed; the aforesaid northerly side lire of
land conveyed in said deed of Maine Central Railroad
company to Bacon 6 Rohinscn Company being on a line
extending S. 390 00" E. from the aforesaid center or
base lire of location of Maine Central Railroad
Company at valuation Station 2891+26.0; thence
northwesterly along the aforesaid prolongation
northwesterly of the northerly side line of land
Conveyed in said deed of Maine Central Railroad
Company to Bacon 6 Robinson Ccmpany, a distance of
eighty-three (83) feet, more or less, to the
aforesaid southerly side lien of Railroad Street;
thence S. 88° 20' 30' W. along the southerly side
line of Railroad Street, a distance of sixty-eight
feet, more or less, to the point of beginning.
The Grantor herein covenants and agrees for itself,
its successors and assigns, that no buildings or
other onstructions shall be placed upon the premises
above described! which would in any way interfere
with the easements granted herein.
The Grantor herein further grants unto said Moire
Central Railroad Company, its successors "
assigns, the right to lay and maintain railroad
tracks, and appurtenances thereto, over and across
that portion of the above described premises which
lies westerly of a line drain parallel win and
twenty-five (25) feet westerly of the easterly side
line of the parcel of land above described, together
with the right to operate locomotives and cars Wer
said tracks and the right to enter upon said
premises for the purpose of laying, maintaining,
operating, remiring and removing said tracks. this
right shall he exclusive in all respects and the
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Grantor herein covenants and agrees for itself, its
and assigns, that there shall be no
passage an foot or with vehicles by said Grantor,
its successors or assigns, aver said tracks and that
no other use whatsover shall be made of that portion
of said premises upon which railroad tracks are
installed.
T e Grantor herein further covenants and agrees for
itself, its successors andassigns, to join with the
Grantee, its successors and assigns, in making the
necassary conveyance or conveyances to the City of
Bangor of that portion of the premises herein above
described required for the lengthening and widening
of said Frant Street by prolonging the present
easterly side lire of said Front Street to the
southerly aide line of the premises herein above
described and 'extending the width of said Front
Street to the easterly side line of said premises
should said lengthening and widening of Front Street
he considered necessary by the Grantee, its
successors ora signs."
she premises herein conveyed are made subject to the
following rights of way as contained in the deed
frau Bacon 6 Robinson Cmpany to J. F. Ybodnan
Company dated November 15, 1966, and being recorded
in col. 2086, Page 32, Penobeo3t County Registry of
beads, and to which deed reference is hereby made
for a mora particular description thereof: "Also is
hereby carveyed tae right to enter upon the prenises
of Bacon s R binson N., situate southeasterly of
the above described promises far the purpose of
laying and maintaining a railroad aiding, ac -called,
access said pranises to the above described premises
and to use are enjoy Me same so as to serve the
above described premises. Said Railroad siding is
to extend from a railroad siding on land row, awned
or occupied by the Mains Central Railroad Company
situate immediately northwesterly of premises
cwrveyed to Bacon a Robinson Co. by deed of the
Maine Central Railroad Campany recorded in said
Registry, Volume 1119, Page 165, and immediately
southwesterly of the premises conveyed to dawn a
Rosinson Co. by said deed of Anastasia Woodman, at
al and by said deed of Charles B. Stanford, at al.
Also, insofar as Bacon 6 Robinson Co. has acquired
or may hereafter acquire the wbsle or any part of
the land ever which said railroad siding i
presently located, Mere is hereby conveyed the
right to enter upon such premises so as to can,
maintain and enjoy said siding as a railway to serve
the above described premises. ID the extent that
said railroad siding or any extension thereof shall
be or extend over land of Bacon s Robinson Co., it
is understNd and agreed that the Grantee, its
successors and assigns, shall u and enjoy the same
at its own risk and expense andwithoutobligation
on the part of Baron b Robinson Co. to maintain said
siding in any way for the u and benefit of the
Grantee,its successors and assigns.-
This conveyance is also male subject to any and all
railroad siding agreements which may be currently in
effect between the Maine Central Railroad Canpany,
Bacon s Nobinsm Company and Coffin 6 Winple, Inc.,
whether or rot of retard.
Excepting and reserving Iran this conveyance, the
tracks m that portion of the within described
presses as is described in a deed fron Maine
Central Railroad Conpany an Bacon 6 Robinson
Clmpany, dated March 25, 1937, recorded in said
R:yistry, Volune 1119, Page 165.
By the acceptance of this deed, the Grantee hereby
covenants and agrees for itself, its successors and
assigns, to build and maintain at its sole expense
along that portion of the above described pranises
Mich abuts other land owned, occupied or used by
Mains Central Railroad Canpany, any fence Mich said
Grantee, its successors ora signs, nay desire or
require at any tine hereafter or which my law or
govermnent authority may require to be constructed
by the Maim Central Railroad Camany or the
Grantee, their mcessors or assigns. This covenant
is t0 run with the land hereinabove conveyed and W
be binding upon the Grantee, its successors and
assigns, forever.
Me Grantor herein further grants to the Grantee
herein, its successors and assigns, the right to
pass and repass on foot and in vehicles over and
across a certain strip of land located in
said
Bangor and being southerly of and adjacentto the
southerly sideline of the right-of-way described in
a certain Indenture between the Maine Central
Railroad Canpmy and Bacm a Robinson Canpany dated
March 25, 1937, to bo recorded in Penobscot Registry
of Darts, said strip of land being described as
follows: Beginning at a point on the westerly
sideline of land described in a deed frau Maine
Central Railroad Caipany to Baron c Robinson Cawpany
dated August 12, 1953, recorded in Vol. 2074, Page
-7-
28, said point being at the intersection of said
westerly sideline and the southerly sideline of the
right-of-way described in the aforesaid Indenture;
thence southerly along the aforesaid westerly
sideline of the land described in Vol. 2074, Page
20, to intersect a line drawn parallel with and 9
feet southerly fran the aforesaid southerly sideline
of the right-of-way describe] in the aforesaid
Indenture; thence westerly along the aforesaid lim
drawn parallel with and 9 feet southerly fran the
aforesaid southerly sideline of said right -of --way, a
distance of 30 feet to a point; thence northwesterly
sostraight line to a point the aforesaid
utm herly sideline of said right -o£ -way described in
said Indenture, said point being 31 feet westerly,
necesured along said southerly sideline of said
right-of-way, fran the point of beginning; thence
easterly along the atoresaid southerly sideline of
said right-of-way, a distance of 31 feet to the
point of beginning.
The Grantor herein further grants to the Grantee,
its successors and assigns, a right-of-way in
Bangor, F6mbsrot County, Maine, is comon with the
Maine central Railroad Canpany, 15 feet in width On
the south side and adjacent to the division line of
property of the Maine Central Railroad Conpany and
property described] above, and extending frau land of
the Grantee described above, facing On Front Street
to land conveyed W Bacon & Robinson Canpany by
Maim Central Railroad Canpany by dee] dated March
25, 1937, recorded] in Vol. 1119, Page 165. Also the
right to maintain the building as existing on March
25, 1937, on the northerly portion of said right-of-
way, during the existence of the structure as
Misting in 1937, and no lorger. Lend of the
Grantee facing m seem Street is further described
as being the westerly end of land formerly known as
the Cole & Fogg Mill property. This conveyance is
given subject to the right of the Maim Central
Railroad] Conpany W lay and maintain a track or
tracks seems the Masterly portion of land of the
Grantee, formerly known as the Dole & Fagg Mill
prpparty; said track or tracks are not to be laid
easterly of the lim 14 feet distant, measured at
right angles, fron the center line of the cost
easterly track as existing in 1937. This conveyance
is also subject to the right in the Naim Central
Railroad Canpany W use a right-of-way in oaman
with the Grantee herein across said property between
the track arcs the westerly end of the building on
said Dole & Fagg Mill property as used in 1937.
go
For the Grantor's source of title, reference is made to
the Quitclaim CerN from Maine Central Railroad
Company to Bacon 6 Robinson Company dated March 25,
1937, recorded in Vol. 1119, Page 165; to Quitclaim
Deed from Bacon s Robinson Canluny to S. F. waadoan
Company dated Novarber 15, 1966, recorded in Vol.
2086, Page 29; W Warranty wed food Bacon 6 Robinson
Con{vny to S. F. Wooduan Company dated Novenber 15,
1966, recorded in Vol. 2086, Page 32; am to an
Indenture made the 25th day of March, 1937 between
Maim Central Railroad Company and amon 6 Robinson
ConpanY w he recorded in the Penobscot County
Registry of weds.
and be it further
R IXND,
THAT in accordance with independent appraisals of value of the above
described property, the amount of damages determined to he just compensation
for the acquisition of the entire fee sidple interest in the above-described
property is Ninety-eight lhousaM Dollars ($98,000.00): and
be it turner
RESW.VBO,
THAT the City Solicitor, or his agent, is hereby authorized am directed to
serve a copy of this Resolve on the owners of said property, either
Personally or by registered mail, and to take all other action nacessary for
purposes of sulmittirg this Resolve to the legislative body, of the City of
Bangor for approval or disapproval.
S ATkMENf OF FACT: 30 M.R.S.A. S 4054 authorizes municipalities w acquire
byem vent domain property, or interests therein, in designated slun or
blighted areas. In order to exercise its power, the Bangor City Council
must first adopt a 'Resolution of Condpnnation" to be served upon the
property owner(s). After service is completed and a public hearing
advertised am held, the Resolution is resubmitted to the City Council for
its approval or disapproval. Condemnees who receive personal notice then
have 3 months in Aich to appeal the City's taking; coMemnees who do not
receive personal notice have 12 months in which to appeal the City's
taking. The purpose of this emonent domain action is to acquire the fee
simple interest in the property located at 160 Front Street, Bangor, Nein.
8]-300
" IM CITY COUNCIL R E 5 0 L Y E
august 10. 1987 q
`.Passed Resolution of Condemaatlon for 160 Front VIA; ByLf P3Sr
At//ejrl Street, Bangor. Maine. Owned by Coal C 4
C CLeac �4Ae�i.aPR �fCNCCq
Energy of Maine. Incorporated.
a
IN CITY COUNCIL 87-300
August 30, 1987
Passed Introduced by Councilor Franeki, August lo, 1987
,-k
Pe�"� ITY' ,QF' BANGOR
CITY CLERK Cg
(TITLE.) pew1be, hesolutron of ro.--. -tion-for 160 Front Street,
gauger, Mains, Camel by Coal Energy of Maine, Incorporated
By egs City Cour of the City ofBaxya N.
RESOLVED, .J,
WEFEAS, 3D M.R.S.A. g 4854 aothorizm m cipalities to acMal al estate
r
by eminent domain in accordance with their tcommunity development programs;
and
HHEREAS, pursuant to its duly adopted Community mveloprent Program, the
City of Bangor deers it to he in the public interest to acquire the property
described below; and
WiEpEAS, previous attempts to acquire the property by a negotiated sale have
failed,
[JOW, THEREFORE, By the City Council of the City of Bangor
RESIX.VED,
THAT the City of Swinger acquire by eminent domain, pursuant to its duly
adopted Community Development Program, and 30 M.R.S.A. S 4854, any and all
interest in the real property and fixtures attached thereto situate at 160
Print Street, Burger, Maine, as existing at the data of adoption of this
Resolution, timed by C1W. ENERGY OF MAINE, IfYbRWHA1g0, subject to an
outstanding mortgage given by said NAL ENERGY OF MAINE, INCCRPyWTED to the
DEPOSITORS TRLLSP pY@ANY OF EASTERN MINE, and all persona knawn or unkn con
claiming under the aforementioned said persons or any of than and owners
unknown, or their heirs, devisors, legal representatives, successors,
assigns, grantees, trustees in bankruptcy, receivers, disseisors, creditors,
lissome, and any and all other persons unascertained or not, In being or
unknown, or out of the State, and all other persons whoodumbser who claim Or
may claim any right, title or interest or estate, legal or equitable, in the
within described prenises. Said promises is more particularly described as
follows:
A certain lot or parcel of land with the buildings and
improvements thereon, situate in the City of Bangor,
County of Penobscot, State of Maine, pore
particularly hounded and described as follows:
Beginning at to southeasterly -most corner of land
described in a deed from Baden 6 Rebinsm Company to
City of Bangor, dated July 23, 1953, recorded in the
Penobscot Registry of reeds, Volume 1529, Page 196,
-r
which turner is defined by the intereection of the
southwesterly prolongation of the southeasterly
lire of Fant Street with the easterly prolongation
of the southerly line of 3ailra35 street, in said
Bangor; thence southwesterly along a further
prolongation of the southeasterly line of said
Fro;: Street, to the nortxarly-mJ3t corner of the
premises described in a deed from Bacon s Robinson
Company to General Distributing Corp., dated March
1956 and recorded in said Registry, Volume 1523,
Page 159; thence southeasterly along the
southwesterly boundary described in said deed to
General Distributing Corp., a distance of forty-six
(46) feet, more or less, to an angle in said lire;
thence continuing southeasterly along said
southwesterly roundary deeeci sed in said deed to
General Distributing Cbrp., a distance of one
hundred one (101) feet, more or less, to the cap
sill of the wharf as sheen on a plan of B. S.
Deane, and others, Canniesionexs for Partition,
recorded in said Registry, Plan Bvk 3, Page 71;
thence scuthxesterly by the face of said cap sill,
a distance of forty-nine and five tenths (49.5)
feet, hore or leas, to the moat southerly corner of
lot nurberel one (1) as slmm by said plan recorded
in said Registry, Plan Book 3, Page 71; thence
continuing southwesterly along the face of the cap
sill described in a decd frau Maine Central
Railr i Company M Bacon s wbinsm Conpany dated
March 25, 1937, recorded in said Registry, WIrae
1119, Page 165, a distance of two hundred twenty-
eight (228) feet, more or less, to the south comer
of the wharf referenced by said last mentioned
deed; thehce northwesterly along the southwesterly
face of the cap sill of said wharf and on a line
which is a direct extension northwesterly, a
distance of are hundred thirty-six (136) feet to
the westerly -mast comer of the premises described
in a dcetl from mine Central railroad Company to
Bacon a Robinson Company, dated "ust 12, 1953,
recorded in said hegistry, Volume 2074, Page 28;
thence northeasterly along the northwesterly line
described by said last mentioned deed, a distance
of two hundred sixty (260) feet, more or less, to
the southwesterly lire of the prauises described in
deeds to Bacon 6 Robinson Ce., recouied in said
Registry, Volume 962, Page 464, and Volute 1118,
Page 255; thence northwesterly along said
southwesterly lire to an angle point therein;
thence continuing along the boundary of the lot
described in the aforesaid deeds to Bacon 6
Rohinson W. recorded in volume 962, Page 464, and
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Volume 1118, Page 255, in a narthxesterly direction
to the southerly line of Railroad Street, as said
street line is defined by the aforenentioned deed
fron Baron b Robinson Cora ny to City of Saeger,
recorded in said Ragistry, Volume 1529, Page 96;
thence easterly along the said southerly line of
said Railroad Street, on the point of beginning.
the promises herein conveyed are male subject to the
second right of way as contained in the deed fxen
Bacon 5 Robinson Cmpany to Bangor Garden Hanes,
Inc. dated July 8, 1953, and being recorded in
3Vclune 1398, Edge 90, Fen bsont County Registry of
Deeds, and to which reference is hereby male for a
more particular description thereof: "Alae is
hardly amceyed a right of way for all purposes of a
was, in command with others over so Men of the
promises convoyed W Bacon E Robinson Ce. by each of
the deeds above referred to insofar as is beetled
southeasterly by the northwesterly lire of the above
described promises, southwesterly by the
southwesterly lire of [he above deacribe3 premises
extended northwesterly for a distance of 25 feet,
northwesterly by a line 25 fast northwesterly frun
said northwesterly line of the above described
promises and parallel thereto; and nortM1eas[arly, by
the generally southerly line of Railroad Street
extended easterly to the above described premises.'
the premises herein conveyed are made subject to the
following rights of way and covenants, which said
revenants shall be binding upon the Grantee, its
successors and assigns, and all as more particularly
set forth in dead from Bacon S Robinson Company to
Maim Central Railroad Company, dated August 13,
1953, and being recorded in the Penolsect County
Registry of Deeds in Valune 1403, Page 122: "the
right and privilege to pass and repass on foot or
with vehicles and the right to allow its patrons and
licensees to pass and repass on feet or with
vehicles war and across a certain lot or parcel of
land situated in the City of Bangor, County of
Penobscot, State of mine, bounded and described as
follows: Beginning on the southerly sideline of
Railroad street, so-called, at the intersection of
said southerly sideline and the easterly side line
of Front. Street, so-called, as now located; said
southerly side line of Railroad Streat being on a
lire extending S. 88" 20' 38" B. £ram the center or
base line of location of Maine Central Railroad
Company as established by the Federal Valuation
Survey dated dune 30, 1916, at Valuation Station
-4-
2890~89.92; thence S. 88' 20' 30" E., a distance of
twenty and eight tenths (20.8) feet, rase or less,
to a line which is a direct prolongation
southwesterly of that portion of the easterly side
line of fret Street Bich lies between South ad
May Streets, so-called; thence southwesterly along
the aforesaid p Ic gation soutMresterly of that
portion of the easterly side line of front Street
which lies between South and May Streets, a distance
of sixty-seven (67) feet, more or less, to the
direct prolongation northwesterly of the northerly
side line of land conveyed by deed of Maine Central
Railroad company to Bacon 6 Robinson Company dated
Mrch 25, 1937, at a point twenty-eight (28) feet
northwesterly, measured along said prOlongated line,
from the northwesterly corner of said land conveyed
in said deed; the aforesaid northerly side lire Of
led conveyed in said deed of Mine Central Failroad
Mm m Baca a aobinsm Coi¢any being on a line
extending S. 39' 00" E. frau the aforesaid center or
base line of location of Mine Central Railroad
Cspeny at valuation Station 2891+26.0; thence
northwesterly along the aforesaid prolongation
northwesterly of the northerly side line of land
conveyed in said d of Mine Central Railroai
Company to fecon 6 Robinson Company, a distance of
eighty-three (83) feet, more or less, to the
aforesaid southerly side line of Railroad Street;
thence S. 889 20' 30" W. along the southerly side
line of Milro d Street, a distance of sixty-eight
fast, mare or lase, t0 the point of beginning.
rhe Grantor herein covenants and agrees for itself,
its successors and assigns, that m buildings or
other obstructions shall he placed upon the premises
shove describe] xfiich would in any way interfere
with the easeienents granted herein.
the Grantor herein further grants unto said Mire
central Railroad Company, its successors and
assigns, the right to lay and maintain railroad
tracks, and alxaurtenances thereto, over and acrose
that portion of the above described promises which
lies westerly of a lire drawn parallel with and
twenty-five (25) feet westerly of the easterly side
line of the parcel of land above described, together
with the right to operate locmwotives and care war
said tracks and the right to enter upon said
premises for the iwrpose of laying, maintaining,
(Berating, repairing and rearvi g said tracks. This
right shall he exclusive in all respects and the
-5-
Granwr herein covenants and agrees for itself, its
and assigns, that there shall be no
passage on foot or with vehicles by said Grantor,
its successor; or assigns, over said tracks and that
on other use whetsover shall be made of that portico
of said praises upon which railroad tracks are
installed.
the Grantor herein further covenants as agrees for
itself, its successors and assigns, to join with the
Grantee, its successors and assigns, in making the
necessary conveyance or mrveyances to ttw City of
Bangor of that portion of the premises herein shove
described required for the lengthening and widening
of said Front Street by prolonging the present
easterly aide line of said Front Street to the
southerly side lire of the prenisas herein above
described and extending the width of said Front
Street to the easterly aide line of said promises
skuuld said lengthening and widening of Front Street
be considered necessary by the Grantee, its
successors or assigns. -
the premises herein conveyed are mede subject to the
following rights of way as cntainal in the deed
Eras Bacon S Robinson Garpeny to J. P. Woodman
Nspany dated Nonseber 15, 1966, arc] being recorded
in Vol. 2086, Page 32, Penobscot County Registry of
hands, and to which deed reference is hereby nude
for a more particular description thereof: "Also is
hereby conveyed the right to enter upon the prenises
of Sawn s Robinson Co., situate scutiwwsterly of
the aboca described Prowess for the purpose of
laying and maintaining a railroad siding, so-called,
across said premises to the above described prenises
and to use and enjoy the same so as w serve the
above described premises. Said Railroad siding is
to extend £run a railroad siding on land now waned
or occupied by the Maine Central Railroad Company
situate immediately northwesterly of premises
coon w ro Bans d Robinson Co. by deed of the
Maine Central Railroad Company recorded in said
Registry, Volum 1119, Page 165, and immediately
southwesterly of the premises conveyed to Bacon 6
Robinson Co. by said deed of Anastasia ibodnan, at
al and by said deed of Charles B. Stanford, et al.
Alen, insofar as Baan 6 Robineun Co. has acquired
or may hereafter acquire the whole or any part of
the lard over which said railroad siding is
presently located, there is hereby conveyed the
right to enter upon such prsims; so as to use,
maintain and enjoy said siding as a railway to serve
M
the above described premises. To the extent that
said railroad siding or any extension thereof shall
W O extend over land of Bacon 6 WAinson Co., it
is understmd and agreed that the Grantee, its
sumessors and assigns, shall use and enjoy the same
at its own risk and expense and without obligation
m the part of Bacon s Robinsm Co. W maintain said
siding in any way for the use and benefit of the
Grantee, its successors and assigns."
This conveyance is also made subject to any and all
railroad siding agreanmts which may be currently in
effect betweenthe maim Central Railroad Company,
Bacon 6 Robinson Company and Coffin s Wimple, Inc.,
whether or not of record.
IXcepting and reserving fron this conveyance, the
tracks on that portion of the within described
premises as is described in a deed from Maine
central Railroad Company to Bacon s Robinson
Company, dated March 25, 1937, recorded in said
Registry, Volume 1119, Page 165.
By the acceptance of this dead, the Grantee hereby
covenants and agrees for itself, its successors and
assigns, to build and maintain at its sole expense
along that portion of the above described pranises
which abuts other land ouaw_d, occupied or ceed by
Maine Central Railroad Company, any fence Mhich said
Grantee, its successors or assigns, may desire o
require at my tine hereafter or which any law or
goverment authority may require to be mnetructed
by the Haire Central Railroad Company or the
Grantee, their sucessors or assigns. this covenant
is to roc with the lard hereinabove conveyed ad to
be hinting upon the Grantee, its successors and
signs, forever.
The Grantor herein further grants to the Grantee
herein, its successors and assigns, the right to
pass and repass on foot ant in vehicles over and
across a certain strip of land located in said
Bangor and being snutherly of and adjacent to the
southerly sideline of the right -of- y described in
a certain Indenture between the Maine Central
Railroad Company and Bacon S Robinson Company dated
March 25, 1937, to be recorded in Penobscot Registry
of meds, said strip of lard being described as
follows: Begirming at a point m the westerly
sideline of land described in a dead from Mains
Central Railroad (rinpany to Bacon 6 Robinson Camp ny
dated August 12, 1953, recorded in Vol. 2079, Page
-7-
28, said point being at the intersection of said
westerly sideline and the southerly sideline of the
right-ofvay described in the aforesaid Indenture;
thence southerly along the aforesaid westerly
sideline of the land described in Vol. 2074, Page
28, W intersect a line drawn parallel with and 9
feet southerly £r® the aforesaid southerly sideline
of the right-of-way described in the aforesaid
Indenture; thence westerly along the aforesaid line
drawn parallel with and 9 feet southerly fron the
aforesaid southerly sideline of said right-of-way, a
distance of 30 feet to a point; thence northwesterly
On a straight line W a point on the aforesaid
southerly sideline of said right-ot-way described in
said Indenture, said point being 31 feet westerly,
neasured along said southerly sideline of said
right-of-way, frau the point of beginning; thence
easterly along the aforesaid southerly sideline of
said rightwf-way, a distance of 31 feet W the
point of beginning.
the Grantor herein further grants to the Grantee,
its successors and assigns, a right-ofwway in
aangor, Penobscot County, Maine, i with the
Maine Central Railrosd Carpany, 15 n
feet iwidth on
the south side and adjacent W the division line of
Property of the Maine central Railroad ounpany and
property described above, and extending frau land of
the Grantee described above, facing on Front street
to land conveyed to Bacon s Robinson Conpany by
Maine Central Railroad Cmupany by deed dated March
25, 1937, recorded in Col. 1119, Page 165. Also the
right to maintain the Wilding as existing on March
25, 1937, on the northerly portion of said right-of-
way, during the existence of the structure as
existing in 1937, and no longer. Lend of the
Grantee facing on Front Street is further described
as being the westerly end of land formerly known as
the Nle s Fong Mill property. TTis conveyance 16
given subject to the right of the Maine Central
Railroad Conpany to lay and maintain a track or
tracks acrcea the westerly portion of land of the
Grantee, formerly known as the Dole s Fagg Mill
property; said track or tracks are rot to be laid -
easterly of the line 14 feet distant, measured at
right angles, fron the center line of the most
easterly track as existing in 1937. Phis conveyance
is also subject to the right in the Maine Central
Railroad Company to use a right-of-way in oww ai
with the Grantee herein across said property between
the track and the westerly end of the Wilding On
said Nle s Fogg Mill property as used in 1937.
Q2
For the Grantor's Source
of title, reference is made to
the ouitclaim Deed from Mine Central Railrosd
Company to Bacon & Robinson Company dated March 25,
1937, recorded in Vol. 1119, Page 165; to Quitclaim
Deed frau Bacon s Robinson Cmpany to J. F. NbcMan
Company dated November 15, 1966, recorded in Vol.
2086, Page 29; to Warranty Deed from Bram & Robinson
Company to J. F. Woduan Company dated November 15,
1966, recorded in t . 2086, Page 32; and to an
Indenture made the 25th day of March, 1937 between
Maine Central Railroad Company and Bacon & Robinson
Cerpany to be recorded in the Penobscot County
Registry of Deeds.
and be it further
THAT in accordance with independent appraisals of value of the shove -
described property, the arount of damges determined to be just compensation
for the acquisition of the entire fee simple interest in the above-described
prgerty is Ninety-eight I sand Callers ($98,000.00); and
nt,
TBAT the City Solicitor, or his agent, is hereby authorized and directed to
serve a copy of this Resolve on the owners of said property, either
personally or by registered mail, and to take all other action necessary for
purpcses of submitting this Resolve to the legislative body of the City of
Bangor for approval or disapproval.
BFAT@ffNP CF FACT: 30 M.R.S.A. 4 4854 authorizes municipalities to acquire
by m nent damin property, or interests therein, IS designated slue or
blighted areas. in order to exercise its power, the Bargor City Council
must first adopt a "Resolution of Condemnation' to he 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. Condemess who receive peraccal notice then
have 3 months in which to appeal the City's taking; co demcees who do not
receive personal notice have 12 months in which to appeal the City's
taking. Tfie purpose of this eminent domain action is to x ire the fee
sitple interest in the property located at 160 Front Street. Bangor, Maine.