HomeMy WebLinkAbout1974-02-11 80 AB ORDER80 A0
Introduced by Councilor Baldocci, Pebioary 11, 1974
CITY OF BANGOR
(TITLE.) (orberi Autharizing Purchase of eroparty txom the Urban. Renewal _.
By the City CoumoH oftht City of Busied:
ORDERED,
THAT the City Manager is hereby authorized and directed to execute
a contract with the Urban Renewal Authority, a copy of which is attached
hereto and made a part hereof, for purposes of purchasing certain land de.
scribed therein from the Urban Renewal Authority.
Tntrod eed and filed by
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ao AN
IN CITY COUNCIL
RECEIVED
February 11, 1974
o x n e x 3 13
PASSED.
I91t FEB -5 AMIO: 17
Title,
CITY CLERK'S OFFICE
clxr cne
aacgo:,
n,gchgaa eL Rice. t=9N.V.F.R.
60Y OF BANSOR, MAINE
Parcels
R P-1 S 11
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Tntrod eed and filed by
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Contract for Sale of Land
For Redevelopment by a Public Body
AGREEMENT (hereinafter called "Agreement") made on or as of
t1e - by and between the Urban
Renewal Authority of the City of Bangor, a public body corporate
and politic of the State of Maine (hereinafter called "Agency")
having itsOfficeat 73 Harlow Street, in the City of Bangor,
State of Maine, and the City of Bangor, a public body, corporate
and Politic of the State of Elaine (hereinafter called "Public
Body") having its office at City Bell, in the City of Bangor,
State of Maine, WITNESSETH: I -
WHEREAS, in furtherance of the objectives of the .Private and
Special Laws, Chapter 168 (1957), Maine,the Agency has undertaken
on
a program tot the clearance
learanceinnthe CityofSangoruction r(hereinaftericalled
= slum and blightedout an urban
City"), and in this connection is engaged in carrying
renewal project known as the "Rendusksag Stream Project, Me. R 7"
(hereinafter called ..Project") in an area (hereinafter called
"Project Area') located in the City; and '
WHEREAS, as of the data Of the Agreement there has been praparan
and approved by the Agency an urban renewal plan £or the Project
consisting of
"the Urban Renewal Plan, dated February 6, 1968 and approved
by the City Council of the City on August 1, 1968 (which time plan as
rsuant
amended and as it May beta a£tex be amended time time
unless therwise
to law, and as so constituted from time to time,
indicated by the context, hereinafter called "Vrban Renewal Plan");
and a copy Of the Urban Renewal Plan as constituted .oh the dace of
the Agreement, a Declaration of Restrictions has been recorded among
the land records for the place in of ch the Dee Book 2152,ct Area is Page 367vave,
namely, Penobscot County Registry
WHEREAS, in order to enable the Agency to achieve the
t and particularly to make land
objectives of the Urban Renewal Plan, cc ordarce
the Project Area available ,(afterublicrentity for else in ranee by
the Agency) for redeveloprtent �bmii'' a P both the; an
with the uses specified in the Ur� anhave Rndertakeda to provide,
Federal Goygrrusent And tt)e City, " Agency through
Contract ed Loan nti Capital Grant dated December 23. 1964, in
have provided substabtial id nd s'aistand4 td a Age y
ase aP the l rvne
the cradars Govarnt, an
d a cooperation Agreement
the c July 14, 1964, Sr. the case of the guys
NOW, THEREFORE, each of the parties hereto, for and in
consideration of the premises and the mutual obligations herein,
does hereby covenant and agree with the other as follows:
ARTICLE I. GENERAL TERMS OF CONVEYANCE OF PROPERTY
Sec. 1. Sale and Purchase Price. Subject to all the terms,
covenants and conditions of the Agreement, the Agency will sell
certain real property in the Project Area more particularly described
n Schedule B annexed hereto and made a part hereof (which property,
as so described, is hereinafter called "Property"), to the Public
Body for, and the Public Body will purchase the Property and pay to
the Agency therefor, the amount of Forty-one Thousand, Three Hundred
Dollars ($41,300.00), hereinafter called "Purchase Price". Such
payment shall be in cash, or by such check as shall be satisfactory
to the Agency, at the time and place provided herein.
Sec. 2 Conveyance The Agency shall convey to the Public
Body, upon payment in full of the purchase Price by the Public Body,
title to the Property by warranty deed (hereinafter called "Deed")
and shall provide abstracts of title showing that the Agency has
good and merchantable title. Snob conveyancs shall, in addition
to all other conditions, covenants, and restrictions set forth or
referred to elsewhere in the Agreement, be subject to:
(a) Declaration of Restrictions recorded in Book 2152,
Page 367 in the Penobscot Registry of Deeds.
Sec. 3.2
elivery of Deed. The Agency shall deliver the Deed
and possession of the Property to the Public Body on March 1, 1974,
or on such earlier date as the parties hereto may mutually agree in
writing. Conveyance shall be made at the principal office of the
Agency and the Public Body shall accept such conveyance and pay
to the Agency at such time and place the Purchase Price.
ARTICLE II. PREPARATION OF PROPERTY FOR REDEVELOPMENT
Sec. 1. Preparation of Property. The Agency shall, prior to
conveyance of the Property and without expense to the Public Body,
prepare the Property for redevelopment, which preparation shall
consist of the following:
Preparation by the Agency has been completed.
Sec. 2. Other Action WV Agency Relating to Preparation.
None.
ARTICLE III. CONSTRUCTION OF IMPROVEMENTS
Sec. 1. Construction Rewired. The Redeveloper will redevelop
the Property by construction thereon of a one -level parking facility
capable of the addition of added levels.
Sec. 2. mime for construction. The Public Body agrees for
s
itself, its succesors and assigns, and every successor in interest
to the Property, or any part thereof, and the Deed shall contain
covenants on the part of the public Body for itself and such
successors and assigns, that the public Body shall begin the
redevelopment of the Property through the construction of the
Improvements thereon, within one month from the date of the Deed,
and diligently proceed to complete such construction within twelve
(12) months from such date. It is intended and agreed, and the Deed
shall so expressly provide, that the agreements and covenants of
the Agreement pertaining to the Improvements shall be covenants
running with the land and -that they shall, in any event, and without
regard to technical classification or designation, legal or otherwise,
and except only as otherwise specifically provided in the Agreement,
be, to the fullest extent permitted by law and equity, binding for
the benefit of the community and the Agency and enforceable by the
Agency against the Public Body, its successors and assigns, and -
every successor in interest to the Property, or any part thereof or
any interest therein.
Sec. 3. Report Ln progress. Subsequent to conveyance of the
Property or any part thereof to the Public Body, and until construction
Of the Improvements has been completed, the Public Body shall, upon
written request of the Agency, make, in such detail as may reasonably
be required by the Agency, and forward to the Agency a report in
writing as to the actual progress of the Public Body with respect
to such construction. During such period, the work of the Public
Body shall be subject to Inspection by the Agency.
Sec. 4. Access to pre�erty.y Prior delivery o£rm�tstheion
of the property to the Phu lie Body, the Agency shall pe
Public Body access thereto, whenever and to the extent necessary
to carry out the purposes of this and other sections or provisions
of the Agreement; and, subsequent to such delivery, the Public
Body shall permit access to the Property by the Agency whenever and
to the extent necessary to carry out the purpose of this and other
sections or provisions of the Agreement.
Sec. 5. Certificate o£ Completion. Promptly after completion
of the improvements in accordance with the provisions of the
Agreement, the Agency shall furnish the Public Body with an
appropriate instrument so certifying. Such cirtificn he ationeed aby the
Agency shall be (and it hall be so pre
in
the certification itself) a conclusive determination of satisfaction
and termination of the agreements and covenants in the Agreement
and in the Deed with xespectand to tveryblveCaesar ations in interestpublic
to they
its successors and assigns, ' i
property, to construct the improvements and the dates for the
beginning and completion thereof. All certifications provided for
ito be
n this Section shall be ino£uDeadach r £orethewill
Co nty"able
of Penobscot.
recorded with the Registry
_3 ,
ARTICLE IV. LAND USES
Sec. 1. Restrictions an Land Use. The Public Body agrees for
itself, its successora and assigns, and every successor in interest
to the property, or any part thereof, and the Deed shall contain
covenants on the part of the Public Body for itself, and such
successors and assigns, that the Public Body, and such successors
and assigns, shall:
(a) Devote the Property to and only to and in accordance
with, the uses specified in the aforesaid Declaration of Restrictions,
as the same may hereafter be amended and extended from time to
time; and
(b) Not discriminate upon the basis of race, color, creed,
or national origin in the sale, lease, or rental or in the use or
occupancy of the Property or any improvements erected or to be
erected thereon, or any part thereof.
Sec. 2 effect of covenants; Period of Duration. It is intended
and agreed, an t e Dee s a so express y provr e, than�the
agreements and covenants provided in this Article IV shall be covenants
running with the land and that they shallin any event, and without
regard to technical classification or designation, legal or otherwise,
and except only as otherwise specifically provided in the Agreement,
be, to the fullest extent permitted by law and equity, binding for
the benefit and in favor of, and enforceable by the Agency, its
successors and assigns, the City, and the United States (in the case
of the covenant provided in subdivision (b) of Section 1 of this
Article IV), against the Public Body, its successors and assigns,
f
and every successor in interest to the Property or any pa
rt or any interest therein, and any party in possession or occupancy
of the property or any part thereof. It is further intended and
agreed that the agreement and covenant provided (a) in subdivision
(a) of Section L of this Article IV shall remain in effect until
June 22, 1984 (at which time such agreement and covenant shall
terminate, and (b) in subdivision (b) of such Section I shall
remain in effect without limitation as to time.
Sec. 3. E f b'1' Y byrAg cy and United states. In
amplification, and not m restriction, of the piovre cone of Section
2 of this Article IV, it is intended and agreed that the Agency shall
be deemed a beneficiary of the agreements and. covenants provided
n Section I of this Article IV, and the United States shall be
deemed a beneficiary of the covenant provided in subdivision (b)
of such Section 1, both for and in their or its own right and also
for the purposes of protecting the interests of the community and
the other parties, public or private, in whose favor or for whose
benefit such agreements and covenants have been provided.
Such agreements and covenants shall (and the Deed shall so state)
run in favor of the Agency and the United States for the entire
period during which such agreements and covenants shall be in force,
without regard to whether the Agency of the United States is or
has been an owner of any land or interest therein to, or in favor
of, which such agreements and covenants relate. The Agency shall
have the right, in the event of any breach of any such agreement
or covenant, and the united States shall .have the sight, in the
event of any breach of the covenant provided in subdivision (b)
Of Section 1 of this Article IV, to exercise all the rights and
remedies, and to maintain any actions or suits at law or in
equity or other proper proceedings to enfczce the curing of such
breach of agreement or covenant, to which it or any other beneficiaries
of such agreement or covenant may be entitled.
ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
Sec. 1. Re resentation As to Redevelo ment. ITS Public Body
represents and agrees t at its purc sae of the Property shall be
for the purpose of redevelopment of the Property in accordance with
the Urban Renewal Plan and the Agreement.
Sec. 2. Prohibition £ f Pro arty and Assignment.
The Public Body has not made or created, and ,"'certifiedill not, prior to
by the
the proper completion of the Improvements, a
Agency, make or create, or suffer tozbeemade
ase oor created, the Property) or any
any
total or partial sale, conveyance,
oO (b) any f the Propment o£ the
part thereof or interest therein, or
any agreement to do any of
Agreement, or aWi part thereof, approval of the Agency.
the foregoing, 'thout the prior written
Such approval shall be on such condition as the Agency may in its
exclusive discretion determine, including, but not limited to, the
sumation by the proposed transferee, by instrument in writing, for
itself and its successors and assigns, and for the benefit Y f She.
Agency, of all obligations of the Public Body under the Ag
ARTICLE VI. REMEDIES
Sec. 1. Notice of Default. In the event of any default under'
or breach o£ any of a terms or conditions of the Orment
either party hereto, or any successor ox assign o£, o a
in interest to, the Property, such party or successor shall upon
written notice from the other proceed to remedy or cure susuch
ch
default or breach within sixty (60) days after receipt ofuxsued or
notice. in case such action is not taken or diligently p
hin a
the default orbreachshall not be cured on remedied
suchtproceedings
reasonable time, the aggrieved party its
i s
s may be assess sty or desirable in es opinion to cureincluding rvremedy
such default or breach Or to obtain damages ci£ictpez Eozmaneeby
but not limited to proceedings to, compel spec
the party in default or breach of its obligations.
-B-
Sec. 2. Termination by Public Body. In the event that
(a) The Agency does not tender conveyance of the Property
ox possession thereof in the manner and condition, and by the
date, provided in the Agreement and any .such failure shall not
be cured within sixty (60) days after written demand. by the
Public Body, then the Agreement shall at.the option of the Public
Body be terminated, and neither the Agency nor the Public Body
shall have any further rights against or liability to the other
ander the Agreement.
Sec. 3. Termination by Agency. Sn the event that prior to
conveyance of the Property to the Public Body and in violation of
the Agreement the Public Body (and any successor in interest)
assigns or attempts to assign the Agreement or any rights herein
or in the Property, or the Public Body does not pay the Purchase
Price for and take title to the Property upon propertender
Of
Agreemen£
conveyance by the Agency pursuant to the Agreement, en
and any rights of the Public Body or any successor or assign Of the
Public Body or om, with respeferee o- ct to therty Agency orhthegreement Property,rshall
arising therefrom, pec
at the option of the Agency be terminated by the Agency. In such
event, except for the right of the Agency to damages for such
Br assiee or
breach afforded by law, neither the Public Earthen rights against
transferee) nor the Agency shall have any
or liability, to the other under the Agreement.
Sec. 4. Dela s Be and ControlofParties. For the purpose
enc nor s
of the Agreement, nevthat a Agthe Public Body, as
case may be, nor any successor of either of them shall be considered
in breach Of or in default or its Obligations with resr a so to
ginning
the preparation of.the Ptoperty EOx redevelopment, orro rebs in
and completion of construction of tha Improvement„.
pthep xEormance
respect thereto, in the event of enforced delay i Pecontrol
of such obligations due to unforeseeaincluding butonotvxestricted
and without its fault Or negligence, acts o£ the Government,
to acts of Goa, acts of the public enemy, demits, quarantine
acts of the other party, fixes, floods, epi
restrictions, strikes, freight ¢mbextJ0us and U21Ucausessuall 6itEY¢
weather, or delays of subcontractors due to such causes; it being
the purpose and intent of this provision that, in the event o£ the
occurrence of any such enforced dOle y,thn¢time ortimes
fto
pxefornance of the obligations of the Agency respect shall be
construction of the ImPr'ovements, as the case may be, that the
enforced
for the period of the enforced delay; provided,
party seeking the benefit of the Pro vibionf oTYthissuchBenforcedction hdelay,
within tan (10) days after the brginTheseoE in writing, and of the.
have first notified the other party
cause of Causes thereof and requested an Oxtanelon 9OY the peYiOd
of the enforced delay.
Sec. 5.''Ri hts and Remedies Cumulative. th heprovid¢dghts and law
remedies of the Partves to the A reement, w5eand the exercise brecluae
or by the Agreement, shall be cumulative,
tithes party Of any ata tor he some or dre of ifferentdtimes,, shall of any other
the exercise by it, or o£ any of its
each remedies for the same default or breby the other party.
ra=adies £or any other default or breach
by
No waiver made by either party with respcttof the performance,
or manner or time thereof, or any obligationother party shall
or any condition to its own obligation under tle Ag;
be considered a waiver of any sights of the party making the
waiver with respect to the particular obligation Of the other
party or condition to its own obligation beyond thosexpressly
respect waived and to the extent thereof, or a waiver in any
regard to any other rights of the Party making the waiver or any
other obligations of the other party. such
waiver eshall be
valid unless it is in writing duly signed bY
ng
the sight or rights. -
ARTICLE VII- MISCELLANEOUS PROVISIONS
Sec. 1. Conflict of Interest. No member, official, or
employee of the Agency�va any personal interest, direct or
indirect, in the Agreement, nor shall any such member, official
or employee participate in any decision relating to the Agreement
which affects his personalointerests or t e interewhichheaisf dicec tly
st
corporation, partnership, a
a official or employee ec
or indirectly, interested. No member,or
Of
the Agency shall be personally liable to thefpublicrBbreach any
successor in interest in the event of any
dultby
the Agency or for any amount blich gatioons�Uades the terms ofcome due to the the
Body or successor or on any oblige
Agreement.
Sec. 2. 1 Employment Opportvnitg The Public Body, for
ll
itself, and its Successors and assv
gns, ageees that it very
include the following h may ions of hereafter
Section 2 .n every contract
or purchase order which (hereinafterin thisd into between Sectioncello the
Public Eddy and any Party ( i ca
"Contractor") for x n connection wxovided forith the innthe Agreement
Improvements, or any part thereof, P rules,
unless such contract or purchase order is exempted by
regulations, or orders of the secretary of Labor issued pursuant1965:
to Section 204 of Executive Order 11246 of September 24,
"Sec 1 t Opportunity. During the
performance f this contract,
the Contractor g as with the
public Bodyasfollows:
(a) Vte Contractor wi11 notdiscriminate
ateragainst any cc or,
employee or applicant for empter October
1968, becavas of race,
or national origin, and after October 13,
color, religion, Sex, or no Origin- The Oontr icotorye a
d w.hd take
that
affirmative action to ensure that `applicants are am 10 n
ithout re o
employees are treated during employment, wrd tthe.;
race, creed, color or national origin, and after October 13, 1968,
without
regard to their race, color, religion, sex, or natiothnael
origin. Such action shall .nclude, but not be limited to,
following: h actiment,'upgrad.ng, demotion, or transfer; recruitment
or recruitment advertising; layo4£ or termination; rates o£ PaY
or other forms o£ compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and employees and applicants for employment,
notices to be provided by the Agency setting forth the provisions
of this nondiscrimination clause.
(b) The Contractor will, inall solicitations or advertisements
'or employees placed by or on behalf Of the Contractor, state that
all qualified applicants will receive consideration for employment
without regard to race, creed, color, or national origin,
and after
October 13, 1968, without regard to race, color, religion, sex, or
national origin.
(c) The Contractor will send to each labor union or
representative of workers with which the Contractor has a collective
bargaining agreement or other contract or understanding, a notice, to
be provided, advising the labor union or worker's representative o£
the Contractor's commitments ndeshasection
t202 of copies othExecutive Order
11246 of September 24, 1965, a s and applicants for
in conspicuous places available to employee
employment.
(d) The contractor will comply with all provisions of
Executive Order 11246 of September 24, 1965, and of the rules,
regulations, andrelevant orders of the Secretary o£ Labor.
(e) The contractor will furnish all information
sand brsports
required by Executive Order 11246 of September 24, 1965, y
the rules, regulations, and orders of the Secretary o£ Labor andthe
Secretary of Housing and Urban Development pursuant thereto,
will permit access to the Contractor's books, records, and accounts
by the Agency, the Secretary of Housing and Urban Development, and
the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations,
and(£) In the event of the contractor's noncompliance of such
the nondiscrimination clauses Of this cOlcontrac,trG maYrbercanceth led,
=ties, regulations, or orderwhole or in part s,
this terminated, or auspe for dance
GovernmentacontractsnOrafederally
be declared ineligibleco procedures
assisted construction contracts in accordance w£th er , 1965, and such
authorized in Executive Order landbof S
xStaticsapte invoked as provided in
other sanctions may be imposed1965or by rule, regulation,
Executive Order 11246 of September 2 , or as otherwise provided by law.
or order of the Secretary of Labor,
ons
Of
(q) Tne Contractorwill
thisrSectionthe in everyssubc ntract or
paragraphs (a) through (9) rules,
purchase order regulations, or orders Or
unless exempted by
the Secretary of Labor issued pursuant to Section 204 0£ Executive
order 11246 of September 24, 1965, so that such provisions will be
binding upon each subcontractor or vendor. .,.
_S_
The Contractor will take such action with respect to any construction
contract, subcontract, Or purchase order as the Agency or the
Department Of Housing and Urban Develo?ment may direct as a means
of enforcing such provisions, including sanctions for noncompliance:
Provided however, that in the event the Contractor becomes
involved in, or vs threatened with, litigation with a subcontractor
or vendor as a result of such direction by the Agency or the
Department of Roue ing and Urban Development, the Contractor may
request the United States to enter into such litigation to protect
the interests of the United States."
For the purpose of including such provisions in any construction
contract or purchase order, as required by this Section 2, the
term "public Body" and the term "Contractor" may be changed to
reflect appropriately the name or designation of the parties to
such contract or purchase order.
Sec. 3. Notice. A notice or communication under the Agreement
by either party to the other shall be sufficiently given or
delivered if dispatched by registered mail, postage prepaid, return
receipt requested, and
(a) in the case of a notice or communication to the
Public Body, is addressed as follows: C' Y M c'tv Hall
73 Marlow Street, Bangor Maine, and
(b)in the case of a notice or communication to the Agency
is addressed as follows: executive Director, Urban Renewal Authority
of the City of Bangor, City Hall, 73 Harlow Street, Bangor, Maine,
or is addressed in such other way in respect to either party asthat
party may, from time to time, designate in writing dispatched as
provided in this Section.
Sec, 4. A =cement Survives Conveyance. None of the provisions
f the Agreement is inten ed to or s all be merged by season of
any deed transferring title to the Property from the Agency to
the Public Body or any successor in interest, and any such deed
shall not be deemed to affect or impair the provisions and covenants
of the Agreement.
Sec. 5. Counterparts. The Agreement is executed intwo and
counterparts, each of which shall be deemed to be an original,
such counterparts shall constitute one and the same instrument.
-9
IN WITNESS WHEREOF, the Agency has caused the Agra Ment to be
duly executed in its behalf and its seal to be hereunto affixed and
attested; and tba Public Body has caused the same to be duly executed
I
n its behalf, on or as of the day and year first above witmn.
(SEAL)
ATTEST: DRSAN RENEWAL AUTHORITY OF
THE CITY OF BANGOR
B
eeut ve Director
CITY OF BANGOR
BY
(SEAL) city b ager
ATTEST:
SCHEDULE "B"
First Parcel: Beginning at a point on the easterly line of
Exchange Street, 1.10 feet south from the southerly street line
of Hancock Street, said point having coordinates north 352680.09,
east 430237.05 based on the Maine State Coordinate System East
Zone; thence north 710-37'-32" east for a distance of 232.11
feet along a line parallel to, and 1.10 feet from said southerly
line of Hancock Street to a point on the former easterly line
of French Street; thence south 18°-17'-44" east for a distance
of 161.52 feet along the former easterly line of French Street
to a point; thence south 710-44'-36" west for a distance of 231.75
feet along the northerly property line of a plat of land now or
formerly owned by Murray W. Finard, Trustee Bangor Washington -
Exchange Trust, to a point on the easterly street line of
Exchange Street; thence north 189-25'-31" west for a distance of
161.04 feet along said easterly line of Exchange Street to the
point of beginning. Said. Parcel contains 37405.96 square feet
and is identified an Parcel P-1 on CITY OF BANGOR PLAN entitled
"Plat of Disposition of Parcels H-11, P-1, H-1 and GB-7Plan
number UR802, P23, dated August 19, 1973 and filed herewith in
the Penobacet Registry of Deeds. All distances given are grid
distances based on the Maine State Coordlrate System East Zone.
Second Parcel: Beginning at a point at .the intersection of the
easterly street line of Exchange Street and the southerly street
line of Hancock Street, said point having coordinates north
352681.14 east 430236.70 based on the Maine State Coordinate
System East Zone; thence north 710-37'-32" east for a distance
of 232.11 feet along said southerly line of Hancock Street to
a paint on the former easterly street line of French Street;
thence south 180-17'-44" east for a distance of 1.10 feet along
said easterly line of French Street to a point; thence south
710-37'-32" west for a distance of 232.11 feet along a line
parallel to, and 1.10 feet south of said southerly ,line of
Hancock Street to a point o said easterly line of Exchange
Street; thence north 18"-25'-31" west for a distance of 1.10
feet along said easterly line of Exchange Street to the point
of beginning. Said parcel contains 255.32 square feet and is
identified as Parcel R-11 on City of Bangor Plan entitled "Plat
of Disposition Parcels R-11, P-1, H-1 and OB -2" Plan number
UR802, P23, dated August 19, 1973, and filed herewith in the
Penobscot Registry of Deeds. All distances given are grid
distances based on the Maine State Coordinate System East Zone.
Being the same premises conveyed to the Urban Renewal Authority
of the City of Bangor by the Inhabitants of the City of Bangor
by deed recorded in said Registry of Deeds in Vol. 2162, Page 666.
