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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, -2 - 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 -3- 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 -5 - 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 -3 - 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.