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Home My WebLink About1986-05-28 86-236 RESOLVEB6GHfi Introduced by Cn=cilor Willey May 28 CITY OF BANGOR (TITLE.) �egulj3P, 1aalot on. of oxwaanetion fo Property Within ...... 7 the frea Adjoinig water street, a:oa3 street, Indefendent Street, and Short Street and a_lay.Fcxmerls. xnavwn..as. ae]edm..5[ree.0.. ... ........... -- Bs•tka-fw'ey 6aurw:f aftM erty<{Banger: a�aaeai� W0WA5, pursuant to its duly adopted (kmmmity @velopcent Progran, the City deems it to be in the public interest to convey the property described below and shown on Exhibit A attached hereto and incorporated herein by reference; and WHEaWS, the City has previously acquired title to all or most of the privately - held interests of thim parties in the property; and WH=AS, the City wishes to acquire all renainieg interests, if any, of any third party in the property, NOW, =REFCH2E, By the City Council of the City of Bangor: Witaxi EB, 1BAT the City of Bangor acquire by eninent dvwin, pursuant to its duly adopted Camanity @velopuenT Prrgran, and 30 M.R.S.A. 5 4854, any and all residual or fee interests oened by the persons set forth in F hibit B attached hereto and incorporated herein by reference, and all persons known and unknown claiming under the aforesaid persons or any of than and Owners unkenan or their heirs, devisees, legal representatives, successor.,, assigns, grantees, trustees in bankruptcy, receivers, ddsseizors, creditors, lienors, and any and all other persona unascertained or not, being or unknown, or out of the State, and all Other persons wlanexever who claim or may claim any right, title, interest o -- estate, legal or equitable, in the within dascribed land, real estate, building, or any other interest in the within described pvenises. The preuises are more particularly described as follows: A certain lot or parcel of land situated in Bangor, County of Penobscot, State of Maine, rounded and described as follows: Beginning at the intersection of the wast line of Broad Street and the south line of Water Street; thence North 80° 08' 30" West by and along the south line of Water Street three hundred fourteen Council May 28,1985 m nde2 by adding exibit B Paoses as amended - IL yZOAZ� 86-236 NE SOL VE Re ao #ti4rt-Ot�ede tio�for Property in eated�Sl xnae e the Area dj n water St oda st. an a way formerly known as Hodson st -2 - and twenty-four one hundredths (314.24) feet to the northeast Corner Of a parosi Of lalxl described in a Case to the Masonic Temple association dated December 22, 1953 and recorded in the Penobscot County Registry of feeds in allure 1476, Pape 162; thence South 20° 18' 32 - war two hundred arca six one hundredths (200.06) feet to a point in the north lire of Hoilsdon Street (now abandoned); thence South 550 28' 00" Fast by and along the north line of ibdsdon Street one hundre3 twenty-nine and nine one hundredtls (129.09) feet to a point in the west line of Short Street; theme Month 34° 29' 00" East by and along the west side of Slot Street thirty-seven (37.00) fest to an angle in said street lire; thence South 55° 28' On" fast by and along the nth line of said Short Street one hundred ninety-three and fifty-four one hundredths (193.54) fast to the northwest line of Independent Street; thence Nath 36° 41. 28" East by and along said northwest lire of independent Street eighty-eight and seven are hundredtnne (80.07) fast to a point; thence northeasterly by curve to the right with a radius of three hundred sixteen and ninety-eight one hundredths (316.90) feet a distance of one hundred £our and ninety-eight one hundredths (104.98) feet to a point in the vast line of said Broad Street; thence North 140 01' 40" West by and along the west side of Bcced Street one hwMred forty-seven and sixty-six one hundredths (147.66) fast to the point of beginning. BE IT FURN38R RE' yfr, Ti IAT inaewch as the interests eaVire9 herein are those resiaining after prior acquisitions of the City, the amount of damages ronetituting just compensation for the acquisition of the entire fee simple interest in the property is $1.00. SfATN4ENT OF FACT: 30 M.R.S.A. S 4854 authorizes municipalities to acquire by eminent &main property, or interests therein, in designated slun or blighted In order to exercise this power, the Bangor City Council must first adopt a "Emaciation of Codematim" to be served upon the property owner(s). After service is completed and a public hearing a&vertiaed and held, the resolution is resubmitted to the City Council for its approval or disapproval. Condea ses who receive personal notice than have three acorns in union to appeal the City's taking; condemnees who do not receive personal entice have twelve acorns in which to appeal tis City's taking. Ma purpose of this eminent damain action is to acquire any private interests outstanding in the promises after previous acquisitions by the City of Bangor. =IRIT A 0 BROAD STREET CRRWICATIONS The grantee certifies that: &G- a3G (a) It possesses legal authority to make a grant submission and to execute a community development and (musing program; (b) Its governing body has duly adopted or passed as an official not a resolulign, motion or similar action authorizing the person Identified as the official representative of the grantee to submit the final statement and all understandings and assurences contained therein, and directing and authorizing the person Identified as the official reprommative of the grantee to eat in connection with the submission of the final statement and to provide such additional information es may be requiredi (e) Prior to submission of its final statement to HUD, the grantee bas: (1) met the citizen participation requirements of 5570.301(a)(2) and has provided citizens with: (A) the estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and (B) its plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced es a result of such activities; -- (2) prepared its fined statement of community development objectives and projected we of funds in accordance with 5 570.301(aX3) and made the final statement available to the public (d) Tire grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 52000d at sea.); and (2) Title VIII of the Civil Rights Act of 1968 Veto. L. 90-284; 42 U.S.C. 53601 at eeg ); (e) It will affirmatively further fair housing; (f) It has developed its final statement of projected use of fundis so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the final statement of projected use of funds may also include activities which the grentce certifies are designed to meet other community development needs laving a Particular urgency because existing ceniitions pose a serious and Immediate threat to the health or welfare of the community, and other financial resources are not available); except that the aggregate use of CDBG funds received under section 106 of the Act and, if applicable, under section 108 of the Act, during the 1985, 1986 A 1987 program youths) (a period specified by the grantee consisting oY1, 2, or 3 program years, e.g., 1984 h 1985), shall Office of Block Grant Assistance December 1084 -14- principally benefit persons of low and moderate income In a mannan that ensures that not less than 51 percent of such funds are used for activities that benefit such persons during such period; (g) it has developed a community development plan, for the period specified in paragraph (f) above, that identifies community development and housing needs and specifies Goth short and long-term community development objectives that have been developed in accordance with the primary objective and requirements of the Act; (h) It Is following a current housing assistance plan which hos been approved by HUD pursuant to S 570.206; (I) It will amt attempt to recover any capitol costs of public Improvements assisted in whole or in pert with funds provided under section 106 of the Act or with amounts resulting from a guarantee under section 108 of the Act by assessing any amount against properties owned and occupied by. persons of low and moderate inem m% including any fee charged or assessment made as a condition of obtaining access to such public improvements, undess: (1) funds received under section 106 of the Act are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title 1 the Act; or (2) for purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that it lacks sufficient funds received under section 106 of the Act to comply with the requirements of subparagraph (1); and U) it will comply with the other provisions of the Act and with other applicable laws. Kriusof, irk Grant Assistance -15- ExxIaTT a Me following persons and those claiming through them on or may own interests in the withimdescri]md pmnises. F. Drum Freese and Merchants National Bank of Bangor, husteea under the Will of Carrie D. Cushing F. Drunrord Freese individually - Barbara F. Schulman May F. Cavan A. Langdon Freese Ruth D. Wlley and George F. Peabody. Executors under the Will of Henry Drumond Ruth D. Wlley individually Charlotte D. IMinecke Mrjorie B. � Elizabeth Drummond Gleason Pauline Dnrnnond Poell Paul W. Freese Estbar A. Freese Willim A. Freese John D. Freese Bather F. TaNy I rgdon J. Freese Mildred L. Freese Gail M. Presse Andrew J. Freese Wrathy Freese Caandom Julia Eleanor Largay Patricia J. Barry Thane A. Sing Jamt " Sing ung Gim' un Edward P. Murray and Lucille C. O'Brien, ltustms under the Will of John Cassidy Lucille C. O'Brien individually Mary A. Murphy Willim J. Murphy Edythe Rice Dyer John P. Cassidy Jam M. Sullivan Roselle M. Flynn Joan Cassidy Stetson Bard ra Anne Stetson John E. Stetson Stephen W. Stetson saran D. Stetson Barbara Pune Cassidy "(� v -_- John B. Foster Mary Catherine Wward John McGaw Foster Isaac M. Bragg Gro ine lo Mann Estate Roland W. Mann E. P. Baldwin William F. Baldwin Frederick G. Baldwin Harriet B. Bartlett M. Emerson Adelaide M. nnersov Hilda F. Emerson Seth Mary Futh S. every l4unac Dolan Patrick Dgin (Pagan) John Bellier Welter Hellier M. Brown John McCann Owen McCann Isaac Jack Jotm C. Young S. H. we Matilda Dale J. B. Fiske Elizabe1a Carr Fiske John O. Fiske T. A. Taylor Ch. Hathaway W. Hill G. W. Merrill Ira Gmihue Maria Goodhue D. F arlam H. McLaughlin James McLaughlin John G. Moles th G. W. Pickering Charles FEhn` Seth Nye aM Jeremiah Farrier P inistrators of the Estate of Nathaniel Carver Alfred Herrick Jeraniah Dudley JOM Wooing Vincent Waning Nathaniel Harlow Ancs Patten Elijah 9 ith Janes INafes George W. Brown CITY OF BANGOR Interdepartment Routing slip Nmne Oaeck and P ard /!fid Ne: %�ir.eC,nc. 8(0-0736 Your Information Su it your 6nments Reply to Correspondent Directly Iumeaiate Action _ Return to My office Remarks: aJ !A) 44 �odOLL�wD Yldr�va rw l 7 � T Data jo[biter E.Mille[ City SofE.Lil UHIBTT B 9 following persons and tbose claiming throgh them own or may own interests in the within -described pranises. F. Dru m Freed ani Merchants National Mark of Ba or. Trustees oder the Will of Carrie D. Cushing F. LtimWld Freese individually Barbara F. Schulman Mary F. Cavan A. Langdon Fre Ruth D. pulley mid George F. Faabody, Esecutora under the Will of Henry Remmmd Ruth D. Dolley individually Charlotte D. Meinecke Marjorie B. Rwi i Elizabeth Du: s Gleason Pauline Drumiad Powell Paul W. Freese Edther A. Freese Willim A. Freese Juhn D. Freese Esther F. Tardy Langdon J. Freese Mildred L. Freese Gail M. Freese Pnirew J. Freese D rothy Freese [ arborn Pare B. Byrnes Julia Eleanor Largay Patricia J. Barry 'Mwrws A. Sieg Janet May Sieg ung Gim Tion Edward P. Murray and Lucille C. O'Brien, Trustees under the Will of John Csseidy lucllle C. O'Brien inlividually Mary A. Murphy Willimn J. Murphy Edythe Rice Dyer John F. Cassidy Jame M. Sullivan Bi salla M. Flynn Joan Cassidy Stench Barbara Pone Stetson John E. stetson stepnee W. Stetson Sarah D. stetson Barbara Anne Gssidy -2- J M B. Foster Mary Catherine Howard John McCaw Foster Isaar M. Bragg Caroline A MaM Estate Roland W. MaM B. P. Baldwin willimm F. Baldwin Frc erick G. Baldwin Harriet B. Bartlett M. 0irerv+cn Adelaide M. Hneracn Hilda F. Hieraon seN finery RUN S. Golan Thanes Patrick g (Dg) John Hellilie Walter Hellier M.Brom Joi JOM hLCeM Join C. yowg S. H. Igle Matilda W J. B. Fiske 61i2ah Carr Fiske John O. Fiske T. A. Taylor Ch. Hathaway W. Hill G. W. Merrill Ira Cacdhue Maria Gsodhne D. Garland H. McLaughlin James MI WU in John G. miesworth G. W. Fickering Charles W Se We and Jeraniah Farris, Administrators of the Estate of Nata iel Carver Alfred Herrick Jeremiah Willey JoM L i(g viooenc WMllg Na iel Harlow h Patten Elijah Smith J"s Thanes George W. Brtl`T