HomeMy WebLinkAbout1980-12-22 81-51 RESOLVE81-51
Incralviced by Councilor Soucy, December 22, 1980
CITY OF ' BANGOR
(TITLE.) ltlC, R Swti oY.0 vd®vatiov_To.A qui Hy Ervin t Domain Any,
and All Right Title, Interest or Estate of Valeria T&Mitz, et ala, in Property
located on Wash on SL „t,,„HepBp a Ma?na, ,,,,,,,,,,,,
o.... .. ... ............. ......._.
By City Consent efMe GUY ofBamyor:
B GLVBD. THAT the City of Bangor acquire by ®inept domain, pursuant to its
duly adopted Commarity Develooneat Program, all the right, title, interest or
estate, legal or equitable, a Valeria Ticmitz, end all persons known and wwtown
claiming underorthrough the aforesaid person and owners unknown, or their heirs,
devisees, legal representatives, successons, assigns, grantees, trustees in bank-
ruptcy, receivers, dlsseizors, creditors, and lisMClders end Any and all other
persons .mmoertained or not, in being or unknown, or out of the State, used all
other persons whceaay slats any right, title, interest or estate, legalor equitable,
n the within described laid rush real estate through or under the above-named persons.
Said premises being more particularly described as follows:
A certain lot or parcel of land, with the buildings thereon, situate an the earth -
westerly side a Washington Street, in said BANGOR, bounded end described as followspl
viz: Beginning at an Bron bolt driven into the ground in the northwesterly line a
Washington Street at the seuthweeterly comer a a lot of land conveyed by Associated
Realty Co. to Joe Gelpert by Deed dated April 21, 1913, recorded in Penobscot Registry
of Deeds, Vol. 845; Page 317; thence northeasterly on and by said line of Washington
Street fifty-two and eighty-four one hundredths (F.84) feet to an iron spike driven
into the ground; thence deflecting to the left 91 27' and running northwesterly
seventy-nine and. five tenths (79.5) feet to an iron spike driven into the ground;
thence deflecting to the left 700 end running southwesterly thirty -roux and eight
ane hundredths (34.08) feet to m iron spike driven into the ground In the southwesterly
line of land conveyed to Galpert by deed above referred to; thence southeasterly on
can. by said line of said Galpert land ninety-two seal thirty-three one hundredths (92.33)
feet to the point of beginning.
AI50:aa passagewey for foot passengers andvehicles,a strip a land lying southwesterly
of and adjoining the northwesterly Sine of the above described premises, bounded and
described as follows, n Diming at a spike driven into the ground at the generaLiy
northerly corner of the above described premises; theme southeasterly on a l by the
northeasterly line of the above described preslees eight end twenty-seven one meAredt4s
(8.27) feet to a point; thence deflecting to the right 1040 21' and running westerly
three and fifty-six one hundredths (3.56) feet to a point; thane deflecting to the
right 150 44' end running northwesterly twenty-nine and nlnety-six one hundredths (29.96)
feet to a point in the northwesterly line of the premises above described; thence
northeasterly on and by the northwesterly line of the above described premises twenty-
nine and fifty-six one handredthe (29.56) feet to the place of begiming.
_2_
ALSO: the right to use, in coffin with Sarah Galpert, her heirs, assigns and
successors in interest, as a passageway for foot passengers and vehicle; a strip
of ]and eight (8) feet in width extending wrtheasterly from the northeasterly line
of the prosiaes herein conveyed, bounded and described as follows: Beginning at an
iron spike driven into the ground at the generally northerly corner of the prises
herein conveyed; thence northeasterly, on end by a line which will pass eight (8)
feet northwesterly of the generally northerly comer of the house standing on the
prises northeasterly of and adjoining the prises herein conveyed, to the sauth-
w�sterly line of a twelve (12) foot passageway described in said deed from Associated
Realty Cc to Joe Galpert; thence southeasterly W and by said line of said passageway
to a point where said line a said passageway would be intersected by a line eight
(8) feet southeasterly of and parallel with the first described line; thence south-
westerly on and by a line which is eight (8) feet southeasterly of and parallel with
the first described line to a point in the northeasterly line a the prenises herein
conveyed; theses northwesterly on and by the northeasterly line of the premises herein
corNeyed to the place of b6ginning. Also granting to the grantees, their heirs and
,signs, the right to use in coon with the grantor, her heirs and assigns, the
twelve (12) foot passageway described in the above mentioned deed fron Associated
Realty Co.ts Joe Galpert.
Being the came premises described in a certain Warranty Deed from Sarah Galpert to
Mike and Victoria Ticonitz dated July 20, 1933, and recorded in the Penobscot County
Registry a Deeds in Vohnae 10759 Page 213.
BENT FURTHER BEACOM by the City Council of the City of Hanger that the total decant
of daeages determined to be just canpenaation for the acquisition of the above-described
property interest is One Dollar ($1.00).
STATEMENT OF FACT: The purpose of this eminent Cousin action,. pursuant to 30 M.R.S.A.
x.`§4854, is to cure a passible defect in the title to a parcel of ]and acquired by
the City of Barger from Brake Service and Parta, Inc, by Qadtclaim Deed dated October
29, 1980, send rewffiee. in the Penobscot County Registry of Deeds in Valine 3133, Page
3179 said pareel'beirg a portion of the premises identified as THIRD PARCEL in said
Deed. The parcel of land in question wen subsequently coseveyed. by the City oP Barger
to Reuben Cohen by a Quitclaim Deed dated October 29, 1980, and recorded in the
Penobscot County Registry of Deeds in Vohme 3133, Page 325.
The possible defect arises fron the fact that the parcel in question was acquired by
Mike and Victoria Ticonitz, as tenants in coon, from Cereal, Galpert by a Warranty
Deed dated July 20, 1933, and recorded in the Penobscot County Registry of Deeds in
Vohme 1075, Page 213. According to records in the Perobscot County Registry of Pro-
bate (Docket 20, Page 320,. Case No. 15919), lWke Ticonitz died intestate on November 3,
1934, in Bangor, Maine, leaving a widow, Victoria Ticonitz, and a minordaughter,
.Valeria Ticonitz. It is believed that Valeria Ticonitz died shortly thereafter, leaving
Victoria Ticonitz as her only heir at Law and next of kin, but verification of that
fact is unattainable. Records in the Office a the City Clerk, Bangor, Maine, indicate
that a Violet Ticonitz, daughter of Michael Ticonitz sad Victoria Ticonitz, died on
September 28, 1936 in Bangor, Maine at the age of 6. Victoria Ticonitz conveyed the
parcel in question to Bugenla Olsen by a Warranty Deed dated October 10, 1961, and
corded in the Penobscot County Registry of Deeds in Volume 18065 Page 83. As stated
earlier, the purpose of this wrinert domain action is to care a possible defect in
the title to the above-described parcel by acquiring any possible outstanding fractional
Interest in the same resting in Valeria Ticonitz, Or arising urger or through her.
. In CM Council December 22,1980 R E 5 0 t V E
"Passed
Rasolwtion of fella®atiwL
Cit dark
By S nant Ooaain Amy end all Rights -
Title,Tnterest,or Estate of Valeria
Ticonitz,n ale, In property locate on Weahington
Street Bangor Name