HomeMy WebLinkAbout1980-10-27 315 AH ORDER315 An
Introduced by Councilor Soucy, October a], 1500
CITY OF BANGOR
(TITLE.) (00ere Authorizing the City Naneter to Execute a Deed for the Conveusuce
of Parcel c L':.
By the C1ey Caw Na ofAte C:W of Bmpar:
ORDERED,
THAT 40ffiffA3, by virtue Council Order 193AC adopted on March 26, 1979 the
City Council authorized An exchange of land between Drake Service and Parte, Inc. and
the City of Bangor for percela adjoining Parcel C-1 and approved a redesignation of
Parcel C-1 to Coincide with said land exchange; and
WIMCCAS, by virtue of Council Order 217AC adapted on April 9, 1979 the
City Council designated Reuben Cohen, d/b/a Bangor Ice Bread, as the tentative developer
of said Parcel C-lg and
WEBEAS, by virtue of Comcil Order 25CA3 adopted on Msy 14, 1979 the
City Council authorised the City Manager to execute an Option Agzeemeat for said Parcel
C-1; and
Wopbkps, said Option Agreement was executed on tucy 31, 1979; and
W6REAS, certain title problems have caused a delay in the exchange of
land between Brake Service end Parts, Inc. sued the City of Bangor and the conveyance of
said Parcel C-1( and
wdsBBAS, the land exchange and the conveyance of Parcel C-1 are now in
order for completion;
NOW, =12FORE, BE IT ORDERED BY THE CITY COUNCIL OF 711E CITY OF BgNCAR TEAT:
1) The City Manager is hereby authorized to execute a Quitclaim Deed to
acomplish the lend evcbouge authorized. by Caancil order 193 , a copy of said
Deed being m file in the Office of the City Cleric,
2) .the City Manager is hereby authorized to execute a Quitclaim Deed to convey
Parcel C-1 to Reuben Cohen in accordance with the terms and coaditiona of the
Option Agreement authorized by Council Order 250A0, a copy of said Deed being on
file In the office of the City Clerk.
In City Council October
Passed
ity Clerk
315 M
ORDER
'80, OCi 23 P2 -03
Title
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$ th 1 in the City Mamger Lo 6;ecute - CIi YFCIFRHUR
a. Deed for onveyance of Parcel C I
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315 An
WFPCIAIM DEED
The CM OF BANGOR, a municipal corporation located in Bangor, County
Of Penobscot, State of Wine, for consideration paid, grants to DENNIS SERVICE
AND PARTS, INC., a corporation with Its principal place of business in
Bangor, County of Penobscot, State of Wine, the following parcels of land
located In said Bangor, as numbered and shown on a Plan entitled "Lend
Transfer Plan, City of Bangor, Brake Service and Parts, Inc." prepared by the
City of Bangor Engineering Department, Plan No. W-25 dated March 1979, and
recorded in the Penobscot County Registry of Deeds in Map File D39-80, and
described as follows:
FIRST PARCEL: Beginning at the southwesterly corner of
a parcel of land described in a Deed from the Bangor
Drban Renewal Authority recorded in Penobscot Registry
of Deeds in Vol. 2720, Page 191; thence North 67' 531
43i1 East along the southerly line of said parcel on
line parallel to, add 38.95 feet south from, the southerly
right-of-way line of Hancock Street for a distance of
47.17 feet to a point; thence Norm W' 2l' 18" West for
a distance of 18.95 feet; thence South 67' 531 43" West
along a line parallel to, aM 20.00 feet south from, the
southerly right-of-way line of Hancock Strait for a
distance of 45.53 feet to a point; thence South 18' 241
50" Best for a distance of 18.98 feet to the Point of
beginning. Being a part of the premises acquired by the
City of Combat from Bangor urban Renewal Authority, more
fully described in a Dead x1corded in Penobscot Registry
of Deeds in Vol. 2720, Page191.
Meaning and intending to describe and convey parcel
numbered t on the aforementioned Plan.
SECURE PARCEL; Beginning at a point on the westerly
line of a former right-of-way became as Essex Street
Court, described as Parcel 3 in a Deed free Brake
Service, Inc. to Brake Service and Parts, Inc, recorded
in Penobscot Registry of Deeds in Vol. 2153, Page345,
said point being 38.96 feet south from the southerly
right-of-way line l
of Hancock Street, a ured along
the westerly line
of said Essex StreetCourt; thence
North 67. 531 431' East along the southerly line of said
parcel, being on a line parallel to, and 38.95 feet
south from, the southerly right-of-way line of Wncock
Street for a distance of 20.01 Feer; thence North 20-
281 17" Hest for a distance of 18.95 feet; thence South
67' 53' 43" West along a line parallel to, ami 20.00 feet
south from, the southerly right-of-way line of Hancock
Street for a distance of 20.01 feet to a Point; thence
South 20' 201 17" East for a distance of 18.95 feet to the
point of beginning. Being part of a forme[ comman
right-
of-way described as Parcel 3 in a Deed frim Brake Service,
Inc. to Brake Service and Parts, Inc., recorded In Penobscot
Registry of Image in Vol. 2153, Page 345, and .intending to
convey any rights net the City has in said right-of-way.
Meaning and intending to describe and convey any and all
right, title and interest of the Grantor herein to the
southerly portion of a former right -o£ -way known as Essex
Street Court, said portion being parcel numbered 4 w the
aforementioned Plan.
THIRD PARCEL: Beginning at a Point on the easterly line
Of a farmer right-of-way known as Essex Street Court,
described a5 Parcel 3 in a Deed from Brake Service, Inc.
recorded in Penobscot Registry of Deeds in Vol. 2153,
Page 345, said point being 38.96 fast south from the
southerly right-af-way line of Hancock Street, as
measured along the easterly lineof said Essex Street
^
Court; thence South 20' 28' 1]�eat for a distance of
49.39 feet, and North 67' 53' 43" East for a distance of
50.00 feet, to a point; thence North 21. 46' 00" West
for a distance of 68.31 feet to a point; thence South
67' 53' 43" West along a line parallel to, and 20.00
feet south from, the southerly right-of-way line of
Hancock Street for a distance of 48.45 feet to a point
on the easterly Line of said Essex Street Court; thence
South 20' 28' 17" Hest along said easterly line for e
distance of 18.95 feet to the point of beginning. Being
a portion of the premises acquired by the City of Bangor
from Wry C. Duke and Julia Oledev, more fully described
1n a Dead recorded in PwobscOt Registry of Deeds in
Vol. 2855, Page 169.
Meaning and intending to describe and convey parcel
numbered 5 on the aforementioned Plan.
FOURTH PARCEL: Beginning at a point on the northerly
line of a parcel of land owned by Brake Service and
Parts, Inc., as acquired from Brake Service. Inc, and
described as Parcel 1 in a Dead, recorded in Penobscot
Registry of Deeds in Vol. 2153, Page 345, said Point
being at the southeasterly comer of a parcel of land
acquired by the City of Bangor from Wry C. Duke and
Julia Clouser by a Deed recorded in Penobscot Registry
Of Deeds in Vol. 2855, Page 169; thence North b]' 53'
43" Bast along the northerly line of said Brake Service
parcel for a distance of 50.00 feet; thence North 21'
46' 00" West for a distance of 68.31 feet to a point;
thence South 67' 53' 43" West along a line parallel on,
and 20.00 fast soon from, the southerly right-of-way
line of Shamrock Street for a distance of 50.00 feet to
a point, being on the easterly line of said land
formerly owed by Wry C. Duke and Julia Clouser; thence
South 21' 46' OD" East along the easterly line of said
land for a distance of 68.31 feet to the northerly line
of said Brake Service parcel and the point of beginning.
Being a portion of the premises acquired by the City of
Bangor from Mike Singel and Liza Berg as described in a
Deed recorded in the Penobscot Registry of Deeds in
Vol. 2881, Page 176.
Meaning and Intending to describe and convey parcel
numbered 6 on the aforementioned Plan,
FIFTH PARCEL< Beginning at a point an the northerly
line of land owned by Broke Service aM Parts, Inc. a
acquired from Brake Service, Inc., described As Parcel 1
in a Deed recorded in Penobscot Registry of Deeds in Vol.
2153, Page 345, said point of beginning being at the south-
easterly comer of the parcel of lead formerly owed by
Wlka Singal and Liza Berg as acquired by the City of
Bangor by a Dead recorded in Penobscot Registry of Deeds
in Vol. 2681, Page 176; thence North 67' 53' 43" East along
the northerly line of said Brake Service parcel for a
distance of 1L.86 feet to a Point; thence North 22' 06' 17"
West for a distance of 68.31 feet to a point; chance South
67° 53' 43" West along a line parallel to, and 20.00 feet
outh from, the southerly right-of-way line of Babcock Street
for a distance of 11.46 feet to the ea erly line of said
land formerly Owned by Mike Singal and Liza Berg: thence
South 21° 46' W" East along the easterly line of said
parcel for a distance of 68.31 feet to the northerly
line of said Brake Service parcel and the point of
beginning. Being a portion of the premises acquired
by the City of Bangor from Melka Singal and Liza Berg
by a Dead recorded In Penobscot Registry of Deeds in
Vol. 2881, Page 175.
Meaning and intending to describe and convey parcel
numbered Y On the aforementioned Plan.
Together with all the right, title and interest of
the Grantor herein of every Game and nature, however
acquired, in and t0 all land or interests in land lying
in all streets, highways, rights-of-way and gores
abutting On Or appurtenant to said parcels.
Grantee's address: 170 Washington Street, Bangor,
Maine 04401
M WITNESS WHEREOF, the said CITY OF BiWpJR has caused this
instrument to be sealed with its corporate seal and signed In its corporate
Same by MEN W. FLYNN, its City Manager thereunto duly authorised this
day Of , A.D. 1980.
Signed, Scaled and Delivered
in the Presence of CM OF BANGOR
By:
STATE OF MAIBB
PBNOBSOOT, as.
, 1980
Than personally appeared the above-named MM W. PLYNN, aM
acknowledged the foregoing instrument to be his free act and deed in his said
capacity, and the free act add deed of said body corporate.
Before me,
Justice of the Peace/Notary Public
Attorney at Law
315 AH
QUITCLAIM DEED
The CITY OF BANGOR, a municipal corporation located in the
County of Penobscot, State of Maine, (hereinafter "GRANTOR") for
consideration paid, releases to MOEN COHEN, of Bangor, County
of Penobscot, -State of Maine, (hereinafter "GRANTEE") a certain
lot or parcel of land (hereinafter "Said Property"), situate in
the City of Bangor, County of Penobscot, State of Maine, bounded
land described as follows, viz:
Beginning at a point located twenty (20) feet south
from the southerly right-of-way line of Hancock Street,
measured at right angles thereto, said point being 203.90
feet east from the westerly property line of land now or
formerly owned by Brake Service and Parts, Inc., more
fully described in Penobscot County Registry of Deeds,
Volume 2153, Page 345 and Volume 2203, Page 478; thence
North 67" 53' 43" East along the line parallel to and
twenty (20) feet south from the southerly right-of-way
line of Hancock Street for a distance of 161.88 feet;
thence South 58° 58' 29" East for a distance of fifty
(50) feet to an iron pin on the westerly right-of-way
line of the so-called Washington Street ramp as laid out
by City Council Order No. 208-N passed September 11,
1961, and more fully described in City of Bangor Road
Book Volume 5, Page 33, on file in the office of the City
Engineer; thence South 350 06' 02" East along said
westerly line for a distance of 35.93 feet; thence South
67° 53' 43" West along the line parallel to the first
described line for a distance of 199.97 feet; thence
North 220 06' 17" West for a distance of 75.00 feet to
the point of beginning.
The above-described parcel contains 13,933 square feet,
and is more fully shown on a plan entitled "Hancock -York
NDP Parcel C-1, Disposition Plan," dated October 1978
and revised March 1979 and recorded in the Penobscot
Registry of Deeds in Map File D40-80.
Said Property being a combination of: (1) the south-
easterly portion of a parcel of land conveyed to the
Grantor herein by Malka Singal and Liza Berg by Warranty
Deed dated June 27, 1978 and recorded in the Penobscot
County Registry of Deeds in Volume 2881, Page 175, (2) the
southerly portion of a parcel of land conveyed to the
Grantor herein by Harold A. Brown by Warranty Deed dated
June 1, 1978 and recorded in said Registry in Volume 2869,
Page 15, (3) the southwesterly portion of a parcel of land
conveyed to the Grantor herein by Springer Realty Corpor-
ation by Quitclaim Deed dated , 1980,
and to be recorded in said Registry, and (4) a parcel of
land identified as "Third Parcel" in a Quitclaim Deed from
Brake Service and Parts, Inc. to the Grantor herein dated
and to be recorded in said
Registry.
r For further source of title, reference may be had to a plan
entitled "Land Transfer Plan, City of Bangor,, Brake Service
and Parts, Inc." prepared by the City of Bangor Engineering
Department, Plan No. CD-25, dated March 1979, and recorded
in the Penobscot County Registry of Deeds in Map File D39-
80.
Together with an easement for the purpose of ingress and
egress to Said Property on and across a certain parcel
of land situated in Bangor, County of Penobscot, State of
Maine, and described as follows, viz:
Beginning at a paint located at the northwesterly corner
of Said Property; thence North 22° 06' 17" West for a
distance of approximately twenty (20) feet to the southerly
i§ht-of-way line of Hancock Street; thence North 67° 53-
43 East along said right-of-way line for a distance of
thirty (30) feet; thence South 22° 06' 17" East for a
distance of approximately twenty (20) feet to the northerly
boundary line of Said Property; thence South 670 53' 43"
West along the northerly boundary line of Said Property for
a distance of thirty (30) feet to the point of beginning.
The Grantee herein covenants and agrees by and for himself,
his successors and assigns, that said easement shall be
used only for the exclusive benefit of Said Property, and
shall not be used for the passage of vehicular traffic from
adjoining parcels to Hancock Street.
This conveyance is made upon the following expressed con-
ditions, covenants and restrictions, for breach of which said
GRANTOR may enter and revest in itself title to the premises
granted hereby as if this Deed had never been given, or exercise
any other remedies hereinafter set forth:
1. GRANTEE covenants and agrees that the GRANTEE shall
diligently prosecute to completion the redevelopment of Said
Property through Improvements thereon provided to be made in
accordance with the terms of a written agreement between the
GRANTOR and GRANTEE. Construction of the Improvements shall be
completed by July 30, 1980. However, GRANTEE shall not be con-
sidered in breach of, or in default of, its obligations with
respect to the completion of construction of the Improvements, or
Progress in respect thereto; in the event of a forced delay in
the performance of such obligations due to unforseeable causes
beyond its control and without its fault or negligence including,
but not limited to, acts of God, acts of the public enemy, acts
of the Federal Government, acts of the other party, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes,
unusually severe weather, or delays of subconstvactors due to
such causes.
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Promptly after the completion of the improvements on Said
Property, GRANTOR shall furnish GRANTEE with an appropriate
instrument so certifying. Said certification by the GRANTOR
shall be in recordable form and shall be a conclusive determina-
tion of satisfaction with respect to the Improvements of the
above described Said Property of GRANTEE.
2.
(a) The GRANTEE herein covenants by and for himself, his
successors and assigns, and all persons claiming under
or through him, that GRANTEE and his successors and
assigns, and all persons claiming under or through him,
shall:
(1) devote Said Property to uses consistent with, and
only to and in accordance with, the restriction
that it be used only for business or professional
offices; schools conducted in a gainful business
such as a trade, business, dance or music school;
community service organization; private membership,
social and fraternal clubs; enclosed recreation
centers conducted as a gainful business; and light
industry, including manufacturing, compounding
and assembling or treatment of goods and products,
provided that the operation is conducted entirely
within the building having a gross floor area of
no greater than 10,000 square feet, with no goods
or materials stored outdoors; provided, further,
that the gross floor area shall not exceed 1.0
times the gross lot area for a period of twenty
(20)years from the date of this deed, to wit:
2000.
(ii) not discriminate on the basis of race, color,
religion, sex, or national origin in the sale,
lease or rental or in the use or occupancy of
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Said Property or any Improvements erected or to
be erected thereupon, or any part thereof.
(b) It is intended and agreed that the agreements and
covenants provided in this Section shall be covenants
running with the land and that they shall, in any event,
and without regard to technical classifications or
designations, legal or otherwise, except only as
specifically provided in this Deed, be to the fullest
extent permitted by law Andequitybinding for the
benefit and in favor of and enforceable by the GRANTOR
and the United States of America (in the case of the
covenant provided in subdivision (ii) of Subsection
2(a) hereof) against the GRANTEE, his successors and
assigns to or of Said Property or any part thereof or
any interest therein and any party in possession or
occupancy of Said Property or any part thereof. It
is further intended and agreed that the agreement
and covenant provided in subsection 2(a) (i) shall
remain in effect until , 2000, and
that those agreements and covenants provided in
Subsection 2(a)(ii) shall remain in effect without
limitation as to time; PROVIDED, H041EVER, that such
agreements and covenants shall be binding on the
GRANTEE himself, each successor in interest or assign,
and each party in possession or occupancy, respectively,'
only for such period as they shall have title to, or
an interest in, or possession or occupancy of Said
Property or part thereof.
3.
(a) In the event prior to completion of the improvements a
certified by the GRANTOR:
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(b)
(i) The GRANTEE or his successor or assigns shall !
default in or violate their obligations with
respect to the construction of the Improvements
(including the nature and the dates for the
completion thereof), or shall abandon or sub-
stantially suspend construction work, and any
such default or violation, abandonment or suspen-
sion shall not be secured, ended, or remedied
within three (3) months (six (6) months if a
default is with respect to the date of completion
.of the Improvements) after written demand by the I
GRANTOR to do so; or
(ii) There is any transfer. of Said Property, or any
part thereof, without the prior written approval
of the GRANTOR, and such violation shall not be
cured within thirty (30) days after written demand
by the GRANTOR to the GRANTEE or his successors
or assigns, then the GRANTOR shall have the right
to re-enter and take possession of Said Property
and to terminate (and revert to the GRANTOR) the
estate conveyed by this Deed to the GRANTEE; it
being the intent that the conveyance of Said Property!
to the GRANTEE is made upon a condition subsequent.!!
In addition to the right of the GRANTOR to revest it-
self of the title for the breach of the condition sub -
sequent of this conveyance, the GRANTOR shall have the
right to institute any actions, proceedings, including
the right to enforce all of the terms and conditions
of this conveyance by injunction, legal and equitable
actions in the nature of forcible entry and detainer,
writs of possession, and all other lawful process for
the enforcement of same; PROVIDED, HOWEVER, that any
delay by the GRANTOR in instituting or prosecuting any
-5-
such actions or proceedings or otherwise asserting its
rights under this Section shall not operate as a waiver
of such rights and shall not operate to deprive it of
or limit such rights in any way (it being the intent
of this provision that the GMNTOR shall not be con-
strained so as to avoid the risk of being deprived of
or limited in the exercise of the remedy provided in
this Section 3 because of concepts of waiver, laches or
otherwise) to exercise such remedies at a time when it
may still hope to resolve the problems created by the
default involved, nor shall any waiver in fact be con-
sidered as a waiver of the rights of the GRANTOR with
respect to any other defaults by the GRANTEE or his
successors or assigns.
PROVIDED, HOWEVER, that forfeiture of title for breach
of all of the foregoing conditions, or any one of them,
shall not operate to impair or diminish the lien of the
first mortgagee or its successor in interest as first
mortgagee as such first mortgage lien may exist upon
Said Property at the time of the breach of conditions.
The holder of the first mortgage, including any such
holder who obtains title to Said Property or any part
thereof as a result of foreclosure proceedings or ac-
tions in lieu thereof, shall not be obligated by the pro-
visions of this Deed to construct or to complete the
Improvements or to guarantee such construction or com-
pletion. No covenant nor any other provision in this
Deed shall be construed so as to obligate any such
holder; provided, however, neither such holder nor its
successors or assigns shall be authorized to devote
Said Property or any part thereof to any uses, or to
construct any Improvements thereon, other than those
uses or Improvements provided for in Subsection 2(e)(i)
above.
GRANTEE'S ADDRESS: Reuben Cohen, Hancock Street, Bangor,
Maine 04401
TO HAVE AND TO HOLD Said Property with all the privileges
and appurtenances thereof to REUBEN WHEN, his successors and
assigns forever. .
IN WITNESS 4IHEREOF, the CITY OF BANGOR, GRANTOR herein, has
caused this Deed to be signed, acknowledged and delivered in its
name and behalf by John W. Flynn, its City Manager, thereunto
duly authorized; and REUBEN COHEN, the GRANTEE herein, has signet
acknowledged and accepted delivery of this Deed this
day of , 1980.
CITY OF BANGOR
BY:
STATE OF MAINE
PENOBSCOT. SS. 1980.
Then personally appeared the above-named JOHN W. FLYNN and
acknowledged the foregoing instrument to be his free act and deed
in his said capacity, and the free act and deed of said body cor-
porate.
Before me,
Justice of the Peace
Notary Public
Attorney at Law
STATE OF MINE
PENOBSCOT, SS. 1980.
Then personally appearedthe above-named REUREN WHEN and
acknowledged the foregoing instrument to be his free act and deed.
Before me,
use ce o e eace
Notary Public
Attorney at Law
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