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,
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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.
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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.
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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