HomeMy WebLinkAbout1976-12-27 65 AE RESOLVE65 A6
Introduced by Councilor Finnigan, December 27, 1976
CITY OF BANGOR
(TITLE.) F,200 ......... .solution, of Condensation_ for 187_191 York Street
owned by Zitaner Realty, Inc.
By the City Coynoil of the City of Banner.
RESOLVED, THAT, the City of Bangor acquire by Eminent Domain pursuant to
its duly adopted Co®unity Development Program, property owned by Zitaner Realty,
Inc, and designated as Paxeel ll -10, located at 187-191 York Street, Bangor, Maine
and described as follows:
A certain lot or parcel of land, with the buildings thereorn situate in said Bangor,
in said County of Penobaaot, on the generally southerly side of York Street end the
generally westerly aide of Hazel Street, being the homestead of said John F. MCCarthY,
and being the homestead upon which said John F. McCarthy and his mother, Catherine
A. Tracey, lived for a great many, years, bounded hold described as follows, viz:
On the easterly aide of Hazel Street; on the southerly aide by land how or formerly
of one O'Leary; on the westerly side by land of bEargaret Ibugherty; and on the
northerly side by York Street. Being all and the shore real estate described in
a deed from Adam Sekenger to Cereals McCarthy, dated November 16, 1867, and recorded
In Penobscot Registry of Deeds, Vol. 392, Page 338, referred to for further descrip-
tion of the proaiaea. Excepting a ®sll strip described in a deed iron Adam Sekenger
W A. M. Hcberts dated February, 23, 1858, recorded in said Registry, Vol. 284, Page
374, if any, part of that small strip is included. Also excepting the parcel of
lend conveyed by Dennis McCarthy to John O'Leary by deed dated June 12, 1969, re -
orded in said Registry, Vol 389, Page 415. Also excepting say, part of the a
which may have been taken W widen or establish York Street or Hazel Street, or both.
And also a certain let or parcel of land, situate in said Bangor, in said County of
Penobscot, on the generally soutberly side of York Street, bonded and described as
follows, remely; Beginning on the generally southerly side line of York Street,
at a point where said line is intersected by the line that divides the land of said
Clisham from the land of said Dvoxin, said dividing line being also the line that
divides the Hazel Street lots from the Carr Street Iota, thence in a generally
southerly direction on and by said dividing line .twenty-four and seventeen one -
hundredths feet W a point; thence in a generally northerly direction twenty-three
aM twenty-five one hundredth feet to an iron bolt recently driven into the ground
in said southerly aide line of York Street, distant in a westerly direction fkm
the point of beginning three and one half feet; thence in a generally easterly
direction on and by said southerly aide line of York Street three and one half feet
to the point begun at.
'IN CITY COUNCIL
65 AE 34i
December 27, 1976
Passed.
R
E 5.0 V V E ..
• CITY C
Pasolution
OP`CMLemratiart for 187-191
RECE YEO
YOYk
Street
owfted by Zitaner
Pretty, tad.,
CITY OF BA40OR
CITY OLERK'S OFFICE
'jfi DEC Z2, PH 1 31
_
i
neepting anal reserving, however, from the above described premiees, a certain
lot or parcel of land, aituate in said Bangor, in said County Of Penobscot, re
the southerly aide of York Street, and bounded and described as follows, namely:
Beginning in the dividing line that divides the Razed. Street lots frwn the Carr
Street lots, said dividing line being the easterly aide line of the lot of land
described in a deed from Margaret Snherty to said Isaac Dvorin, dated May 28, 1914,
recorded in Penobscot Registry of Ikeda, Vol. 859, Page 72, referred to, at a
point inaid dividing line, distant in a generally southerly direction twenty-
four and seventeen one -hundredths feet from the southerly side line of said York
Street, measured on said dividing line, thence on said division line in a generally
southerly direction forty-two feet to a point thence deflecting to the left and
easterly n,xety-eight degrees and forty-two minutes, six feet to an iron bolt
recently driven Into the ground; thence at right angles and In a generally norMerly
direction forty -ane and one half feet to the point began at.
Be it further Resolved by the City Council of the City of Bangor that, in
accordance with independent appraisal of value of the above described property,
the amount of damages determined to be just compensation for the acquisition of
the fee simple interest in the above described property is $6,500.00.
STATEMENT OF FACT: 30 M.R.S.A. Section 4854 authorizes municipalities to acquire by
Eminent Domain, property in designated elm or blighted areas.
In order to exerciseCouncilthis power,. the City Council must first adopt a "Resolution of Condemnations to
be served upon the property owner(e). After service is completed, the Resolution
is resubmitted to the City Council for its approval or disapproval. If the
Resolution is approved, the City Council shall cane an action to be commenced
in the Superior Court.