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HomeMy WebLinkAbout1976-01-26 120 AD ORDERlzo AD Introduced by Councilor Soucy, January 26, 1976 CITY OF BANGOR (TITLE.) Writer Author ng City Treasurer to Execute the Attached y...._...... ...... ..._._ _..__. _.. _. Deed - Land Adjacent to State Street Bridge By w IXty. courted efw QLvv ofRanvor. ORDER®, THAT WHEREAS, the State Department of Transportation is planning to replace the State Street Bridge over Aenduskeag Stream, and WHEREAS, said replacement will require minor alterations along a strip of land directly adjacent to the existing northerly and southerly sight -of -way lines which would warrant a widening of the existing right -of -wag; NOW.THEAEFORE, be itel. ORDERED, that the City Treasurer be and hereby is authorized to execute the attached Quit -claim Deed covering the conveyance of said strips of land to the State of Maine for the necessary widening of the sight -of -way. The widening consists of five foot wide strip of land along the southerly right-of-way line, at the north end of Aenduskeag Plaza, and a five foot wide strip of land along the northerly edge of the existing bight -of -way across the Aenduskeag Mall. No noticeable change in the present appearance or use of the areas involved. STATEMENT'OF FACT The widening consists of five foot wide strip of land along the southerly right-of-way line, at the north end of Aenduskeag Plaza, and a five foot wide strip of land along the northerly edge of the existing bight -of -way across the Aenduskeag Mall. No noticeable change in the present appearance or use of the areas involved. 120 AD IN CTTY COUNCIL 26, January 1976' Amended by adding the fdlloeing 0 R D E R" to the deed: L_ - P-" Aad however, that this- ftfVE6 - conveyance is auWect to add b p th CiT a t bx to Attached t ITV OF YANOft ordinatet any add all b s e........ or restrictionsaa.' may lie against -'.' SIT O E$OF'FICE. ad real t the and further p dad, PN - itL1Mm tl ]ate q De Tid,acant to Statethat .- to the d gree that thisp ay-:.: - ance may be nviolate any ,,, Y St. 6Mdga. ` .. �np encumbrances.. or . this on yshallti Id d h and no force or eff ct ' ti �fi � As amended,passed. m Co iman n t 1 t C f •. I _ r 11 id ' t (9401 The k&i City of Bangor a body corporate, located at Bangor in the County of Penobscot and State of Maine, 1n consideration of One ($1.00) Dollar and other c nsideratins paid by the State of Maine, of the receipt whereof It does hereby as knowledge, does hereby rmnhu: re4ast, bargain, vM will faworg. and forever qiA lain unto the said State of Maine, its successors Always and Assigns forever, all its right, title and interest is and to the following described real estate situated M in the City of Bangor, in the County of Penobscot and State of Maine, _. and more partloulanly described an follows, to wit:. l II Being Parcels (3-1)3, (3-2)3 and (3-3)3 as ahem on a Right-of-way Map State �i Highway " O Burger, Penobscot County, Federal Aid Project No. F-01-3(4) noted I: November 1975 and en file in the office of the Department of Transportation, ii Bureau of Highways at Augusta, (D.O.T. File No. 10-220) and to be recorded in !� the Penobscot Call Registry oft Deeds. �j Parcel (3-1)3 - it it I, Beginning at a point in the present southerly aide line of State Highwv "1" �j (HB wmnd Street) said callbeing about thirty-three (33) feet southerly from �,I Iland as measured along a line at right angles to the State Highway, "1" (Ha®oond- ii Street) Base Line at about Station 11+80; III jl Street) about aeventees (1ence easterly along the 7)feettouthee west etherly dge oftRtenduskeag Strauss; (Battered I'! I j 'Thence southerly along the westerly edge of Nenduskesg Stream about five (5) feet to a point thirty-eight (38) feet southerly from and as measured along a line at 11 right angles to the State HighwV "1" (Consul Street) Base blue at about Station ll+97p j Thence S. 640-15, W. about eighteen (19) feet to the easterly line of land of !� or formerly of Merrill Treat Coapary; 'I lhenoe northerly along the easterly line oI larl now or formerly of Merrill Treat Company, about air (6) feet to the point of beginning. N Said lot or parcel of land contains about 105 square feet. Parcel (3-3)3 J Beginning at a point in the present southerly line of State Highway "1" (State Street), said point being thirty-three (33) feet southerly from and as measures ' along a line at right angles to the Base Line of State Highway "1" (State Street) at about Station 13µ5p VIII TTense southerly along the westerly line of land now or formerly, of Bangor Savings Bank about five (5) feet to a point thirty-eight (38) feet southerly of the Base Line of state Highway "1" (State street); Menus S. 64°-15' W. about fifteen (15) feet to the easterly edge of Kenduakeag Stream; Thence northerly along the easterly edge of Kenduskeag Stream about five (5) feet to the present southerly line of State Highway "1" (State Street), Thence easterly along the present southerly line of State Highway "1" (State Street) about fifteen (15) feet to the point of beginning. Said lot or parcel contains about 75 square feet. Also hereby conveying all right, title and interest the Grantor herein may have in and to the land under Kenduskeag Stream hounded and described as follows: Northerly by the present southerly line of State Highway "1" (Hammond Street and State Street); easterly by the edge of Kenduskeag Stream) westerly by the edge ofl. Kenduskeag Stream; southerly by a line thirty-eight (38) feet southerly of and Parallel to the State Highway 111" Base Line. Parcels (3-1)3 and (3-3) being Part and part only of the premises acquired by L, the Grantor herein by the two following documents: 1. Merrill Trust Company, to the City of Bangor by Quit -Claim Deed dated November 5, 1962 aryl recorded in the Penobscot County Registry of Deeds 14 Book 1867, Page 184. 2. Bangor Savings Ha WE to the City of Bangor by Quit -Claim Dead dated April 2, 1962 and recorded in the Penobscot County Registry of Deeds Book 1831, Page 379. Parcel (3-2)3 Beginning at a point in the present northerly, line of State Highway "1" said point being m a line at right angles to the State Highway "1" Base Line at abouti Station 12'36; Thence northerly along She easterly edge oI the West Channel of Kenduskeag _ Atreus about five (5) feet to a point thirty-eight (38) feet northerly from and as measured along a line at, right angles to the State Highway."1" Base Line at about Station 12h34; Thence H. ann E. about fifty-five (55) Peet to a point on the westerly edge of the BasttChannel of Kenduskeag ng aali said right angle thirtyeeight (hie way II northerly from and o measured along a line at right angles to the State Highway "1" Base Line at about Statim 12t91; Thence southerly along the westerly edge o4 the East Channel of Kenduskeag Stream about five(5)feet to the present northerly line of State Highway "1"; Thence easterly along the present northerly line of State Highway "1" about fifty-five (55) feet to the point of begin Said lot or Parcel contains about 250 square feet. �i Also hereby conveying all right, title and interest the Grantor herein may, have ' in and to the land andel Kentluskeag Stream bouMed and described as Yollows;. Southerly by the present northerly line of State Highway "1'; easterly by the easterly edge of the West Channel and East Channel of Kenduskeag Stream; westerly by the westerly edge of the West Channel and East Channel of Kenduskeag is Stream and northerly by a line thirty-eight (38) feet northerlyof and parallel to the State Highway "1" base Line. - Parcel (3-2)3 'being a part and part only of the premises acquired by the Grantear herein by Quit -Claim Deed of the United States of America,. dated January 11, 19191 and recorded in the Penobscot County Registry of Dends Book 821, Page 309. { I I an have Bob in halts the same, together with all the privileges and appurtenances thereunto belonging, to it the said State of Patine, its successors 7bfM1B and Assigns forever. In Bilmm =¢rtrat, the said � City of nanFor Ji has Was caused this instrument to be sealed with its carporate Beal end signed in its corporate name by - its thereunto duly authorised, this day of in the year one thousand nine hundred Bud seventy -sin. 6i9mb. 5eaw sub arlimab in pressure of CITY OF 9An Opts of Maim, County of Penobscot as. 19 76 Personally appeared the above named and acknowledged the foregoing instrument to be free act and dead in said capacity, and the free act and deed of said body corporate. Before me, justice of the Peace WARNMG: No town or maddpal seems or cams may Poetry an behalf M d r home or mwid"IsY wimms rm6may. gcmr.l as aped r. from a este of the inhabitants peace at an Boum, or Spared lewd mem meding. gee Mercer as Tater, 81 Menne, 14. Authority to convey for the own or moicipaliry lapse with da creat amud resume unlet the property bee It", deaded in permeate of the miseiry, and the new oamru most here a one ye r of authority. Thur deed must be msmed by the taker or Hamm so auWmrucd by the rins In deemipdo iolude registry, hook member real pugs member of tax deed or law. liehra9 1 File No. 10.23:-- 3-1)3, (3-2)3 & (3-3)3 vyRti-Q�lR�RI PPD - . MUNICIPAL rRor CITY OF eAi&'.CIR mD OF IIAM ........ ........... _.._.......................... 1926.... Bente at flame an Remstry of Deeds 8tedatl............... ..... ................. ... .... 19........ at.............. H.. ............ - Y................ M.. &o r.00eaea m Root ..... _.......... Pa" .._..._......... aemer: ... .............................. _........................ Resider FROM TOM opplet OF Department of Transportation MAFrnm-8 FORM NO. el DDN:cd 1/5/76- M6MDRAMDDM 2& JAN 19ts f4 33 January 26, 1976 TG: .Merle F. Goff, City Manager FROM; Robert E. 'MSLler, City Solicitor RE: proposed Owed to state of Meme A8 mentioned during tbe staff meeting this morning, there 18 an item on the agenda providing for the conveyance of two strips of land to the State of Maine for purposes of providing for the construction of the new bridge on State Street. In my judgment, the Order should be amended to provide for execution of the deed by you in your -capacity as City Meager. Of course, if such an amendment is to be made, the item will have to be taken off the Consent Agenda and considered during the regular course of business. I. find no particular problems with the form of the deed. It IS Simply a Release Deed, with the City not covenanting to any interest in the property. We are simply releasing and conveying to the State any and all interest that we may hold cc the property described in the body of the deed. One concern that I have had regarding this conveyance fe the possibility of Such atnsfer triggering ae. possible re r reversion o other restriction as may lieagainst the property involved. Ihave noidea what the nature of our title is to that property. However, an their proposed deed suggests, our source of title is from at least three sources. In order t0 unequivocably ascertain exactly the status of our title, it would require a title search which could not possibly, be dome within the Clue free Involved. For thatsm , I a Suggesting that the following paragraph be added co the. deed, asfollows 'I rovided, however, that this conveyance i8 subject and subordinate to any and all encumbrances or restrictions as may lie against said real estate{ and further provided, that cc the degree that this conveyance may be construed to violate any Such encumbrances or restrictions, this conveyance Shall be void and have no forceor effect," John Frawley has given me a Right of Way Paan showing the area n question Basically, it involves two minor strips of land on the park-bridge abutment, two minor strips of lea next to the entrances to the Flame, adjacent to the Merrill Trust Company and the Torpor Savings Seek, and our interest in the Stream Bed under the bridge. I have not taken time to fit the descriptions to the Plan, and will leave that to Sohn Frawley. if you have any questions or covenants, please feel free to contact me. to