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HomeMy WebLinkAbout1984-05-14 84-197 ORDER84-19] Introduced by Councilor Brown, May 14, 1984 CITY OF BANGOR (TITLE.) �TifTT Auth r ng Con I v 1. eyan11 ce o£ 1. .Title to Union Street _.Bra Dow Lane Sch q} to„phe U it<ed 5tt.ktes.ofAmerxga„ By Be CBy Couwdt oftAe Oily ofBawgor: t.h 1 THAT the City Manager is hereby authpnized and directed, on behalf of the City of Bangor, to execute a document entitled "Voluntary Reconveyance” providing for the conveyance of title to the Union Street and Dow Lane Schools, -so -Called, and land appurtenant thereto, back to the. United States of America. B4 -19y ORDER W My 10 P312 IN CITY COUNCIL Title, Nay 14, 1984 � RECEIVED Authorizing Conveyance of Title to EITY OF BANGOR Pas Fd - .............................. CITY CLERK G.`��°�•��. anion street and One Sane Schools Ue[ ty C5Lty Clerk "' to the United Stat6djof Avarice Introduced and filed by. r . .... Councilman e4-197 THIS AGREEMENT is made this day of May, 1984, between the CITY OF BANGOR, 73 Harlow Street, Bangor, Maine ("GRANTOR") and the UNITED STATES OF AMERICA, acting by and through the Secretary of Education ("SECRETARY"), Successor in function t0 the Secretary Of Health, Education and Welfare, pursuant to Section 203(k) of the Federal Property and Administrative Services Act as amended, ("ACT") [Pub. L. No, 81-152, 63 Stat. 377, 40 U.S.C. 9 484(k)], Reorganization Plan 1 of 1953, the Department of Education Organization Act of 1979, [Pub. L. No. 96-88, 93 Stat. 668, 20 U.S.C. 5 3401 at seq.]. I. RECITALS 1. On October 8, 1970, the UNITED STATES OF AMERICA, acting by and through the Secretary of Health, Education b Welfare, acting through S. Lloyd Taylor, Acting Director, Office of Surplus Property Utilization, Department of Health, Education 6 Welfare, conveyed certain real property commonly known as the Dow Lane, Union Street and Downcast Schools, and land appurtenant thereto, and consist7ing of approximately 42.49 acres to the GRANTOR by Quitclaim Deed dated October 8, 1970 ("DEED") which was recorded in Volume 2199, Page 371, Penobscot Registry of Deeds on November 4, 1970. 2. The conveyance of said property was made expressly subject to certain covenants and conditions, which the GRANTOR expressly assumed and agreed to observe and perform, including provisions that require that the property be used for an educational purpose in accordance with a program and plan approved by the Department of Health, Education 6 Welfare. 3. The Deed further provided that in the event of breach of conditions set forth in the Deed, whether caused by legal or other inability of the GRANTOR, its successors Or assigns, to perform any of the obligations set forth, all right, title and interest in and to said property shall, at the option of the UNITED STATES OF AMERICA, revert to and become the property of the UNITED STATES OF AMERICA, which shall have an immediate right of entry thereon, and the GRANTOR, its successors or assigns, shall forfeit all right, title and interest in and to the property and in any and all of the tenements, -2 - hereditaments, and appurtenances thereunto belonging; and 4. GRANTOR Was authorized to execute this Agreement by a resolution of its City Council adopted On 1984. II. AGREEMENT 5. In consideration of one dollar, the mutual agreements contained herein, other good and valuable consideration, the receipt of which is hereby acknowledged, and in performance of the agreements contained in the Deed, GRANTOR hereby grants and conveys a portion of said property consisting of the Union Street and Dow Lane Schools, so-called, and land appurtenant thereto, said land and buildings being more particularly described as follows: A certain lot or parcel of land together with buildings thereon, situate in Bangor, County of Penobscot, State of Maine, bounded and described as follows: Beginning at an iron pin on the northerly side of Union Street at the southeast corner of a parcel of land described in a Deed from: Linwood S. Scripture to Dana C. Devoe and Lowell T. Sherwood dated December 8, 1967 and recorded in Penobscot County Registry of Deeds in vol. 2121, Page 71; thence S 55" 33' 48" E by and along the north side of said Union Street three hundred eighty-seven (387) feet to a point; thence N 370 39' 38" E two hundred fourteen (214) feet to a point; thence N 520 20' 22" W twenty-nine (29), feet to a point; thence N 370 39' 38" E two hundred twenty-five (225) feet to a point; thence N 52" 20' 22" W sixty-two (62) feet to a point; thence N 370 39' 38" E two hundred forty-seven (247) feet to a point; thence S 520 20' 22" E twenty-seven (27) feet to a point; thence N 370 39' 38" E one hundred ninety-one (191) feet to a point; thence N 521 20' 22" W eighty-three (83) feet to a point; thence N 370 39' 38" E one hundred eighty-six and sixty-nine one hundredths (186.69) feet to a point; thence N 550 33' 48" W two hundred forty-seven and twenty-six one hundredths (247.26) feet to an iron pin in the southeast line of said Dana C. Devoe, at al; thence 5 370 39' 38" W by and along said line of Dana C. Devoe, at al, nine hundred thirty-eight and seventy-six one hundredths (938.76) feet to a iron pin; thence S340 26' 12" W one hundred thirty-three (133) feet to the point of beginning. -3 - The above described land is a portion of the land described a "Annex 3" in a Deed from the United States of America to the City of Bangor, dated October 0, 1970 and recorded in the Penobscot County Registry of Deeds in Vol. 2199, Page 371, and contains 9.09 acres. EXCEPTING AND RESERVING to said City of Bangor, its inhabitants and invitees, a permanent easement for ingress and egress over the surface of the premises contained in aforementioned "Annex 3" which are herein conveyed to the UNITED STATES OF AMERICA Said easement is granted solely for the following purposes: (a) ingress and egress over said property into that property contained in the aforementioned "Annex 3" which is not herein conveyed to the UNITED STATES OF AMERICA: (b) for the parking Of motor vehicles by persons using the property contained in "Annex 3" which is not hereinconveyed to the UNITED STATES OF AMERICA. The City of Bangor agrees to bear an equitable share based onuse of the maintenance of the property over which said easement is granted; and further agrees that it will be responsible for the repair of any damage to said easement property caused by the City, its inhabitants, or invitees. Grantee's address: John W. McCormack Post Office and Courthouse, Boston, Massachusetts 02109. GRANTOR warrants that it has not alienated, conveyed, or encumbered any interest in said land and buildings and that it hereby conveys all right, title and interest to said land and buildings which the UNITED STATES OF AMERICA conveyed to it by the Deed. 6. GRANTOR warrants that the property is in good order, condition and repair and is free from any waste. 7. The UNITED STATES OF AMERICA, by its acceptance of this Voluntary Reconveyance, hereby releases GRANTOR from all of the obligations imposed by the Deed to the extent they related to said land and buildings. Nothing herein.shall release the GRANTOR from all of the obligations imposed by the Deed as to the remaining property retained by the GRANTOR. -4- 8. TO indicate its agreement, GRANTOR has executed this document as of the date and year first written above. CITY OF BANGOR, GRANTOR 0 Its City Manager ACKNOWLEDGEMENT state of Maine Penobscot, Be. May , 1984 Then personally appeared the above-named JOHN W. FLYNN, City Manager, and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said municipal corporation. Before me, Justice of the Peace / Notary Public