HomeMy WebLinkAbout1986-07-28 86-320 RESOLVE_1 CITY OFf'BANGOR
(TITLE.) 712...... Acquisition of Land Fire stab and
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for otherMunicipal Borposea
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By Gu GC^ty Council of hfe City ysaxpor:
�RSsougwee,00r City Council has received a Petition signed by at least
tAirty (30) of its taxlzying Citizens, directing the Council to take a certain
parcel or parcels of land described, therein, toyether with all buildings,
structures, or h�roveaa tg thexscn; and
Mff.HFPS, p suant to 30 M.RS.A. 5 4002 the Council has taken action to
provide notice to the carers, has viewed the land to be taken, and Ices held a
public hearing,
Nov, therefore, hry the City Council of the City of Bangor:
zpa<VA'w 'tag,
THAT in accordance with 30 M.H.S.A. SS 4001-0003, the City Council hereby
declares that the land described fn Exhibit W attar re hereto and made a
Part hereof is a suitable location for the construction, operation, and
maintenance of a building for municipal purposes, namely, a new branch fire
station and any other municipal papcses which the City Council may from time
to ties dean necessary and proper; and further
THAT the owners, so far as keawn, of the land ad property interests to be
taken are:
William M. (bore
mited S las S Servioe, Im.
Everett N. Millips
Vivian Howard Savage
Eastern loan Company, Inc.
!Dais JaaG Nailer
Stephanie Sulimki
Helm Mincric
Jeanne Waksoxnski
Victoria Miemjeski
Joseph Mznsak Hairs
Stalls wzneak Heirs
Blsson College
86-320
1-
N E 5 0 L V E
IN CITY COUNCIL
Tuly.28. 1986
Suspension of the Rules Pe sed. Acgviati On of Lend for New Branch Fire Station
Continueder PEblic Bearing - s for other al Purposes ry
Co der next ting.
In City. Council August 11,1986
passed as extended
..:AmeMed by inserting the Po vies:
ltissov College VOCO,w « .
All persons uNmovn or unes&zteired $1.00
Ci ask
7
S
<L
Ct
ai be it further
FEq' LVED,
THAT the land described in Exhibit A, together with all
buildings, structures,
W lmprovenents thereon, is hereby taken, for the purposes referred to abo�sp
ani be it further
REMLNED,
THAT the damages to be paid to each owner, so far as known,
are herepy
estimated to be the following amounts:
Wflliaa H. Moore
_ $1.00
United Sales 6 Service, Inc.
1.00
Everett N. Ihillips
1.00
Vivian Huward Savage
1.00
Eastern Roan O gany, Inc.
1.00
Lois wJaCm Weiler
1.00
Stephanie sulinski
1.00
Helen Minoric
1.00
Jeanre t3k Ski
1.00
Victoria Miezejeski
1.00
.Joseph Mzneak Heirs
1.00
Stella V zneak Heirs
1.00
Husson College
g�J10,00
All persons unlmewn or a ascertaired
1.00
ani bs it further
FS^aDLUEO,
THAT the Qty Clerk shall cause a cs y of this Resolve
to be served on each
owner, se far as kroan, and shall cause a w of this
Resolve to to filed in
the Fenonsoat County Registry of needs.
q:Gll:. e
Beginning at a point fanned by the intersection of
the southerly right-of-way line of Strickland
Rad, as altered by the City Council on Ootohen
13, 1%9 and recorded in Penobscot Rgistry of
Weds in Vol. 2170, Page 114, aM the easterly
right-of-way line of Yerdnskeag Avenue; thence
Nncth 710 07' 00" east along said altered
Stricklaml I right-of-way line for a distance
of 225.00 feet W a point; thence South 210 10'
30" Fast along a lice parallel to aM 225 feet
distant from the easterly right-of-way line of
kerduskeag Avenue for a distance of 225.00 feet;
thence South 71a 07' 00• Nast along a lire
parallel to and 225 feet distant from said
altered line of Strickland Rad for a distance
of 225.00 feet W a point on the easterly right-
of-xay-llne of eenduskeag Avenue; thence North
210 10' 30" Gast along said easterly right-of-
way line of eenduskeag Avenue for a distance of
225.00 feet W the print of beginning.
Meaning aM interding to describe a parcel of
land measling 225 feet square, located on the
southeast earner of Strickland Goad ami
eenduskeag Avenue, said paroal having a total
area of 50,625 feet.
• l4YAq:ARb[I11
woman 11, 1986
M: Bangor Qty Ocmgil
FROM: Hobert E. Millen City Solicitor
RE: Resolve Mo. 86-va
larding before the City Council is Resolve No. 86-326 which, when
adopted, will be one of the final steps for acquiring necessary land for a new
branch fire station. This itan is currently before the Council under
unfinished Business, and there is a continued public hearing pending.
Once the hearing is closed, I ask that action he taken to amend the
item with the following in the Statement of mages:
Musson Collage 57.500.00
All persons unkrown or unasoertainad 1.00
W have reached agreement in principle with officials of Musson
College for the swap of a piece of land belonging to then within tM project
area for a triangular-maled piece of land easterly of the subject parcel.
Because of intervening vacations; and other minor problems, we have cot been
able to reach final agreement as to the form of all doaments needed for the
closing. I have recently learned that the property owned by Human has been
leased to a third party for a new project. Ere lease has not been recorded in
the Registry of leads. Balefully, all of the details will be worked out so we
can complete the transaction within the next week or so.
It appears, at this juncture, that it will not be necessary for us
to raise the $7,500 in damages due Hasson under the taking. M er, if for
same reason, our proposed swap does not work out, tle Council will have to
appropriate that sun. The $7,500 figure is basad upon an opinion of value for
both the Musson property and the triangular-shaped lot prepared by James -
Phillips, Chief Assesor. A copy of his opinion is enclosed for your review.
The Council mould be aware that any award of damages in an aminent.
domain proceeding is subject to appeal to the Superior Court. Unless a defect
is found in the procedures followed, the taking takes place upon adoption and
rwro ation of the Rasolve and Return. 'The damage award is subject to a 60 -
day appeal period. After the Resolve is adopted, we will circulate a RetJf&.-
which is required by statute to he signal and recorded.
Loring the course of the proceedings if you have any questions,
please foel free to bring than to my attention.
R.E.M.
tc
Enclosure
Bangor, the 'eener'of Maine—the GaII to Maine's NorfhWoods and Seashore Resorts
JAMInA PHILLIPS. JR., CAE
ChIO ARMS" El
Qlilg of 39angor, Arsine
ASSISom DEPARTMENT
July 31, 1986
Mr. Robert Miller, City Solicitor
City Hall
Bangor, Maine 04401
Dear Mr. Miller:
At your request I have considered the value of two parcels of
land involved in a possible land swap between the city and Hasson
College.
The lots are located near the corner of 8enduskeag Avenue and
the Strickland Road, and each consists of about .46 acres,
although the shape is quite different, one having about 429
feet of frontage on Strickland Road and the other having about
58 feet of frontage on Rendoskeag Avenue.
Dispite the difference in frontage and shape, it i my opinion
that the lots are of approximately the same values Neither i
'large enough by itself to be used for any use permitted in the
Civic and Institutional zone in which they are located.
As to the value, since there are no similar land sales of civic
and institutional land in the area, the estimate of value of
land so zoned is not .possible. I do believe that the valuation
of .these lots can be reasonably estimated in considering an ewvalent
property which is zone for single family residential use.
In that case, it is my opinion that the value of each of the two
lots in question is approximately 57,500.
If I can be of further assistance, please let me know
game LA. _i'nillip ,lY.'
Chief Assessor
M
N ICE CF INPENf TO TAKE I
Pursuant to Title 30 M.R.S.A. SS 4001-4003, and pursuant to Council
Order 86-303, adopted on July 14, 1906 ami on file in the office of the City
Clerk, PDTICE IS NEEfBY GIVEN on behalf of the Bangor City Wuncfl, the
Municipal Officers of tic City of Bangor, a municipal corporation locate] in
Penooscot County, State of Maine, as folloxs:
1. On July 14, 1986, the municipal officers received a Petition
signed by at least thirty (30) taxpaying citizens of the City of emgor,
directing the municipal officers to take certain lani described therein,
together With all buildings, structures, or improvements thereon, for purposes
of providing a suitable location for the construction, operation, and
maintenance of a building for municipal purposes, namely, a new branch fire
station and any other municipal purposes Mich the municipal officers may from
time to time deem necessary ani proper. The municipal officers acknmledged
the receipt of the Petition, and the validity thereof, in Council Coder 86-
302, adopted July 14, 1986.
2. It is the present intent of the municipal officers, on behalf of
the City of Ban3or, to take the land, together with all buildings, structures,
or imprwarmts thereon, as describes in tie Petition referred to above, and
as described in Exhibit W attact d hereto ani mase a part hereof.
MMMT A
Beginning at a point formed by the intersection of
the southerly right-of-way line of Strickland
Ro i, as alterel by the City Council on Cctben
13, 1969 urd recorded in Penobscot Registry of
Oeais in vol. 2170, Page 119, ani the easterly
right-of-way line of Kendusksag Avenue; thence
North 710 07' 00" Past along said altered
Stricklai Poi right-ofvay line for a distance
of 225.00 feet W a point; theme South 210 10'
30' Past along a line parallel W and 225 feet
distant iron the easterly right-of-way lire of
Keiuskeag Avenue for a distance of 225.00 feet;
thente South 71" 0' 00" West along a lire
parallel to and 225 feet distant from saki
altered line of Strickland Rad for a distance
of 225.00 feet to a point an the easterly right -
of e y lire of Kerduskeag Avenue; thence north
210 10. 30' lest along said easterly right-of-
way lire of Keiuskeag Avenue for a distance of
225.00 feet to the yint of beginning.
Meaning ani inteiieg to describe a parcel of
land measuring 225 feet square, locat¢L on the
southeast corner of Strickland Rai and
Kenduskeag Avenue, said parcel Raving a total
area of S ,625 feet.
3. The municipal officers met at 12 neon on July 28, 1966, at the
premises lxat d at tne intersection of t0e swRharly line of StricklaM Rad
and the easterly lire of Eenduskeag Avenue, for the purposa of viewing the
lard to be taken.
4. 11e municipal officers met at 7:30 p.m. on July 28, 1986, in the
City Council Chaobers, City Hall, 73 Harlow Street, Bangor, Maine, for the
purposes of co:du.Yirg a public tearing on tha proposed taking. said hearing
was eantinued until August 11, 1986 at 7:30 p.m.
5. PfE'1.5E 'fAR6 NOTICE TINT the municipal officers shall again meet at
7:30 p.m. on August 11, 1986, in tle City Council CINWmers, City Hall, 73
Harlow Street, Eager, Maine, for the purposes of oa dmting the contlnued
pwblic tearing, at which time all parties interested may he heard. At the
conclusion of the bearing, tha municipal officers shall decide whetlee the
lard is suitable for the proposal purpose, and if so decided, shall take the
land aha estimate the damages to be paid to each owner, as far as Inwn, in
ooarlame wiN 30 M.R.6.A. SS 4001-4003.
BMADIt CITY CGUMCM, the Municipal
officers of tha City of Bangor
Dated: July 31, 1986 BNS. 49 AR P
ssell M:Eenne
City Clerk
Qty of Bangor, Maine