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HomeMy WebLinkAbout1971-05-10 173-Y ORDER1]3-Y Introduced by Councilor Mooney, May 10, 1971 CITY OF BANGOR (TITLE.) (IOrbert __.Mobilebome Part,- anter Maa®nnd, street BY W CUP CoLLTNI of W (•i yof Bafi . ORDERED, THAT ua application, made by Edward J. nudist, Sr., for permit to operate a MObilebome Park on Outer nmucand Street is hereby granted. y�..-E7VED 1371 C1 TY CLEWS OFFICE "irr 0c"490R. mow IN CITY COUNCIL Mey 10, 1971 Referred to Planning Boazd, cat ider next meeting. CIT TR IN COUNCIL May 24, 1971 Report read, indefinitely postponed. CITY 1]3-Y'.'- ore nRR Title, Mobilehome Park - Doter Hamnoni St. ..................... I................ ...................................... Intrr1oduced and filed by .. .............. Councilman To: Say E. Alley Application for City Clerk permit to Construct City of Bangor a Mobile Home Park I, Edward S. Hughes, Sr., hereby apply for a permit toconstruct a mobile home park on outer Denuded Street in the City of Bangor. The application is made in accordance with the Mobile Home Ordinance of the City of Burger, Chapter XI, Article 2,Section 4. Attached hereto is evidence of ownership and set of proposed plans. Dated April 28 1971 / �J "F�' D. a r>..1 —��i ✓ sx. Benjamin F. Young TO laid B. Syde Warranty. fyY"1,00 D: April 18, 1908 R: tpril 24, 1908 .,,certain lot or parcel of land with the buildings therccnsit- e in said Bangor on the north side of the barmel road, and &61Jln- the town line of Hehner, being lot numbered one hundred thiriy- n' - (139) on the plan where said Bangor, and branded as crosses s to mit: H=ginning at the point where the tarn lino aforesaid ae corne said road; thence 1n the }inn of the road to a under stake at the corner c.` t`_e lot Yifty-Your rots more or less; thence northerly by the line o= said lot two hundred e TO rods to the corner of doelot; thence weaver ly in the north line to the town line; thence by the tore line to thc Point begun pat,remises containing sin dee-one acres (71) more or less. Being rec rams premises described 1n deeds from Vol.TED S. Young to me logox88, in Penobscot Registry ce Deeds l, ads page 19, and Vol. 776 page 88, to which deeds reference is hereby made. Vol, 783, Page 255, Dower released -o- Lulc. B. Syde TO Howard I. Deane Yortgage $$1800 D: April 24, 1908 R: April 24, 1908 Same premises, Vol, 782, Page 376, Discharged: Sent, 14, 1917 Vol. 887, Page 235. -o- Luly B. Syde TO Richard Sutton Fortgage X500 D: April 222 1915 R: April 22, 1915 Same premises described in Vol, 783, page 255. Vol. 871, page 62, Discharged: Sept. 14, 1917 Vol, 887, page 235, .a - Lula B, Syde TO Murtagh Hughes Edward Syde, husband joining herein and D: Sept, 14, 1917 assenting hereto R: Sept, 14, 1917 Ffarranty Sl. Same premises described in Vol, 783, page 255, Vol, 896, Page 6 Dower or tit3a by descent re eased. -o Penobscot Registry of Probate Estate Murtagh Hughes. Rea, Vol, 469, pass 319, Petition Yon Administration states Murtagh Hughes died intestate play 19, 1927 leaving a widow, O1ara X. Hughes, -and as his only heirs at law: Carleton H. Hughes Son Edward J. Hughes Son Hildred L. Hughes Minor Daughter Marion E. Hughes Minor Daughter Ruth C, Hughes Minor Daughter Marie Hughes Minor Daughter Clara A. Hughes :dinar Daughter Roo. Vol, 507, pa,,e 6G1, Inventory Value Rs'uato ;07145U.06 Rea, Vol, 548, Page 869, Final Account Schedule H, debts, etc, •:$51,358,43. Pio part of astate subject to inheritance tax, _a_ Ca-leton'H, Hughes TO 3iaw England Tel, 8 Tel. Go. Ed::ard,J, Iiughes C1asa M Hughes D: March 2, 1931 R: June 30, 1931 Warranty a. ..the right to erect, operate and maintain lines of telephone and telegraph, including the necessary poles and fixtures, upon and over the premises in the town of P.ermon, and in the City of Dangov, County of Penobscot, State of Maine, of which we are the sole owners, bounded and described as follows, to wit: a parcel of land bounded northerly by land of one Hunt; southerly by Hammond Street; easterly by land of one Furnace; westerly by lands of one Morse and one Hunt, the above granted rights being more particularly described as the ex- clusive right to erect and maintain poles wit] the wires thereon with the necessary, gays and supports and the right to out down and keep trimmed, all trees and bushes, as the grantee may desire, within a strip of land Fifty -Peet in width, upon and over said described prom- ises, the location of said strip to be determined by, and to become permanent 'upon, the erection of the poles in said lines of telephone and telegraph, with the permission to enter upon said strip. and upon said premises for access thereto for all the above purposes, Vol. 1054, Page 269, Dower or title by descent released. Clara 11, Hughes, Guardian Of Hildred L. Hughes, Harlon 2. Hughes Ruth C. Hughes, Marie L. Hughes, and Clara G. Hughes TO New Ragland Tel. G Tel. Co, Guardians Deed y112,50 D: blarch 2, 1931 P.: June 30, 1931 License obtained February 18, 1931 from Hon. William K. warren Judge of Probate, Penobscot County. Same premises as above, Vol, 1054, Page 270, Clara 47, Hughes, in her said capacity, .a - Carleton H. Hughes TO New England Tel, @ Tal. Edward J, Hughes Clara 11. Hughes, Easement individually and as guardian of Hildred D: July 28, 1932 L. Hughes, Marion E. R: im.gust 12, 1932 Hughes, Ruth C. Hughes, Marie A. Hughes, Clara L, Hughes Same premises, Vol. 1114, Page 322 Dower or title by descent re-- _eased, Note: Clara a. Hughes mas appointed guardian (minors) of the above Hughes heirs on December 101 1930, (Probate Book 509, Page 85). -o- 1Custagh Hughes, Jr. Heirs, TO City of Bangor Tax Deed "64.56 D: 2/20 33 R: 2/7Y35 Bldgs, and 71 acres, Bussey, N.R, side Carmel Rd., of Evatagh Hughes by 11herit.,.1927, Vol. 1064, Page 112, Seal, _2.. Nurtegh Hughes, Jr, Heirs TO Tar Deed (864,14 Tax Deed jg64.02 Same premises, Vol, 1146, Page 15 Some premises, -o- Vol, 1110, Page 11, TO Tax Deed ('462,36 Same premises, -0' Yurtagh N.ughes, Jr, Heirs TO You Deed u64.,21 ➢9urtagh Hughes, Jr, Heirs TO Same premises, Same premises, Vol. 1110, Page 286 Vol. 1168, Page 118 -a- _0- ".Aurtagh Hughes, Jr, Heirs TO Tax Deed q""67,21 March 23, 1939, reoorded March Same premises, 1939. United States District Court of Means, Normhern Division No, Vol, 1130, Page 102, Vol, 1142, Page 355. City of Hanger D: 2/20/34 R: 2/5/36 Seal.. City of Danger D: 2,/2035 R: 2/4 37 Seal. City of Barger D: 2/20 /"a6 R: 2/3//38 Seal, City of Danger D: 2/18/37 R: 2/1 9 Seal, City 0£ Barger D: 2/26 8 R: 2/7/40 Seal, City of Burger D: 2/25 9 R: 2/6 el Seal, . Lavirence V. Jones, Trust -o Muscagh Hughes, Jr, Heirs TO Tax Deed jg64.02 Same premises, Vol, 1146, Page 15 -o- b;u-rtagh Hughes, Jr, Heirs TO Tax Deed ('462,36 Same premises, Vol. 1146, Page 320, _o_ ➢9urtagh Hughes, Jr, Heirs TO Tax Deed ;$41,39 Same premises, Vol. 1168, Page 118 -a- Carleton H. Hughes TO Qualification of Lawrence V, Jones as Trustee in Bankruptcy in case of Carleton FI, Hughes approved March 23, 1939, reoorded March 30, 1939. United States District Court of Means, Normhern Division No, 5659. Vol, 1142, Page 355. -3- City of Hanger D: 2/20/34 R: 2/5/36 Seal.. City of Danger D: 2,/2035 R: 2/4 37 Seal. City of Barger D: 2/20 /"a6 R: 2/3//38 Seal, City of Danger D: 2/18/37 R: 2/1 9 Seal, City 0£ Barger D: 2/26 8 R: 2/7/40 Seal, City of Burger D: 2/25 9 R: 2/6 el Seal, . Lavirence V. Jones, Trust Edward J. Hughes. TO Lawrence V. Jones, Trustee Qualification of Lawrence V. Jones as Trustee in Bankruptcy in case of Edward J. Hughes approved March 27, 1939, recorded march 30, 1939, Un'_ted States District Court of Maine, Nortnern Division No. 5659. Vol. 1142, Page 356. -0- Lawrence V. Jones, Trustee TO George P. Milan Of Bstate of Carleton H. Hughes, Edward J. Hughes, D: July 7, 1939 individually and as cc- R: July 142 1939 nartners under the name and style of Iiughes Bros. Trustee Deed (''1638.34 All that real estate inherited by the basuaruq.s from the estates of either the father of the bankrupts, Murtagh Hughes, or the grand- mother of the bankrupts, Katherine Hughes, sa=d real estate being described in the inventory of the estate of Murtagh Hughes now on file in the Registry of Probate for the County of Penobscot as Same premises and other land Petition for license to sell filed June 2, 1939, granted at a duly called meeting of creditors. Vol. 1148, Page 400. George F. Hilan TO Hughes Bros. Inc, Quitclaim :x I. D: July 15, 1939 R: Sept. 5, 1939 All the real estate including rights and interest therein** described in a deed given to me by Lawrence V, Jones, Trustee in Bankruptcy of the estates of Carleton H. Hughes and Edward J. Hughes individually and as co-partners under the name and style of Hughes Bros, in bartraptcyw'F acquired by me from 'oy said Lawrence V. Jones, Trustee said deed which was dated July 7, 1939 and recorded in Penobscot Registry of Deeds in Vol. 1145, Page 400. Vol. 1149, Page 17o Grantor unmarried. -o- Murtagh Hughes, Jr. Heirs TO City of Banger Tax Deed: �i42.S5 D: 2/240 R: 2/5 42 Same premises. Vol. 1178, Page 102 Seal. -o- Murtagh Hughes, Jr, Heirs TO City of Bangor Tex Deed �?�44.33 D: 2/21 41_ R: 2/3Y43 Same premises. Vol. 1193, Page 85 Seal. -4- Murtagh Hughes, Jr. Heirs TO City of Bangor Tax Deed j�47,73 D: 2/20/42 R: 2/1/44 Sa:e »remises, Vol, 1207, Page 61 Seal, United States of America vs, 269 acres of land, more or less, situate in Penobscot Petitioner County, Maine and Ceiia J, Saulsbury, et al, 1a Law No, 11'0 Defendants. PETITION FOR CONIHOMAnTON +'°"="^'+4 That tae land which is necessary for the United States Of America to acquire by condemnation in this proceeding for said public use consists of certain parcels of lane situate in the City of Bangor, Caurty of Penobscot, State of Maine, being more partic- ularly described as follows: Area v B " Beginning at a point on the northerly right of way line o: Hammond Street, said voint marking the Southeasterly corner of a tract of land now or formerly owned by C. B. Dykeman; thence along said right of way line South 61 degrees 08 minutes S!est 660 feet; thence along a line of a tract of land now or formerly owned by the Pine Grove Cemetery North 7 degrees 12 minutes West 1,080 feet to the most Northerly corner of said cemetery tract; thence North 57 de- grees 07 minuted best 1,470 feet to a point or. the North line of a tract of land now or formerly owned by L. P. Porr; thence South 86 degrees 59 minutes Heat 2,052 feet; thence North 9 degrees 52 minutes Pest 21051 feet to a point on the Southerly right of way line of Cram Road; thence along the Southerly right of way line Of Cram Road North 83 degrees 22 minutes East 2,178 feet to the ,esteramost corner of a tract of land now or formerly owned by John McClure- thence South 6 degrees 36 minutes East 1,0¢3,3 feet; thence North 86 degrees 59 minutes East 2,172 feet; thence South 6 degrees 24 minutes East 3,015.2 feet to the point of beginning, Said land contains 174 acres, more or less, 5. me estate taken for said public use is the full fee simple title thereto, subject, however, to existing easements for public roads and highways, for public utilities, for railroads, and for pipe lines, 6. That the following respondents are the apparent and presumptive owners of the lands hereinbefore described: Murtagh Hughes, 61 Third Street, Bangor, Maine (and others net herein under consideration). Dated September 11, 1942: Recorded October 3, 1942, United States of America by Sohn D. Clifford, Jr., United States Attorney Vol. 1189, Page 1, E. Donald Finnegan Assistant United States Attorney -o- United States oS America vs, 269 acres of land, mora or less, situate in Penobscot Petitioner County, Maine and Celia J. At Lav, No, 116 Saulsbury et al„ Defendants D: September 15, 1942 R: October 32 1942 -5- ORDER OF COURT On reading of the foregoing petition, it is and directed that leave 'ce, are tis hereby granted The United States of America to take imnedfate possession of said lands as more particularly described in the Petition for Condemnation to the extent of the interest to be ac- quired by the United States of America and to occupy and use the same for military purposes, John A. Peters United States District Judge -o- United States of America vs, 269 acres of land, more or less, situate in Penobscot Petitioner County, Blaine and George Civil No, 116, A. Farnum at al.,. Defendants FINAL JUDGMENT AS TO CERTAIN TRACTS It appearing to the Court that the United States of A.,zerica has paid intc the registry of this Court a sufficient sum of money to sats fy in full the amounts of certain preliminary judgments entered in the above proceeding, to wit, preliminary judgments awarding damages for the taking of the following described tracts, the numbers of said tracts as described in the petition for condemnation with the names of the alleged owners, the dates of said prel_minary judgments and the amount so awarded as follows: Tract Pio, 303 June 8� 1943 :60.00 City of Bangor (formerly) heirs of Murtagh Ilughes, and it further appearing':;t;;nrpse*O-HW it is hereby Ordered, t.djudged, and all right and title in said parcels are declared vested in the United States of America as of February 16, 1943, being the date %;hen the declaration of taking was filed in this office of the Clerk, to- gether with the deposit of funds as just compensation for said tahing, and Febraaxy 16, 1943, being the date judgment of the Court in said declaration of taking was filed; Dated: August 27, 1943 John A. Peters Recorded: August 30, 1943. United States District Judge Vol, 1189, Page 193. -o- Murtagh Hughes, Jr. Heirs TO City of Bangor Tax Deed :}45.34 D: 2/19 43 R: 2/2y45 Same premises, Vol. 1223, Page 49. Seal, -a- City of Bangor vs, Clara M, Hughes Carleton H. Hughes Edward J, Hughes Clara A. Hughes Maria Peters Ruth Armstrong Sermon Allyn Hildred Korea Records of Clerk of the Superior Court for Penobscot County Vol. 50, Page 418, January Term 1944 #7611 -6- IN A PLEA OF LAPID wherein the Plaintiff demands against the defendant the possession of the following lots or paroels of land situated in said Bangor, Bounty of Penobscot, State Of Shine, and described. as follows, to wit: same premises and other land Whereupon the plaintiff says that It has been lawfully seized of tne'demanded premises with the appurtenances, in its demesne in fee simple, vathin twenty years last past, and ought now to be in 9uiet possession thereof, but the said defendants have since unjustly entered and holds the plaintiff out. Judgment rendered for the plaintiff in the sum of 'x32,53 Judgment rendered on the 20th day of January, 1944 Writ of Possession on the 24th day of January, 1945 for J32,52 costs, April 27, 1945 writ of Possession returned into Court- -0 - City of Bangor TO Hughes Bros. Inc, Qaitclaim [04000,00 D: 4/26/45 R: 1/11/46 Same premises and other land. Vol, 1234, Page 173 1 Seal, Arlene A, Hughes TO Eastern Trust & Banking Co, Bdward J. Hughes 52 b:ortgage "j20,000. R: q 18/52 All of the real estate we or either of us own**;: .* also -all the right, title and Interest that we or either of us have to all real estate in ?enobscot County, Vol, 1361, Page 139 Dozer or title by descent released, NOT DISCHARGED, -o- Arlere A. Hughes TO Eastern Trust & Banking Co. Rdwaro J. Hughes Mortgage y`6500. R: 4/18/52 Same premises described in Vol, 1361, Page 139. Vol, 1332, Page 112, Dower or title by descent released, NOT DISCIu1RGED, -a- Arlene A. Hughes TO Eastern Trust & Bar.Ying Co. .:dc:ard J. Hughes Eortgage QM500. R: 10/852 Same premises described in Vol. 1332, Page 112, Vol, 1332, Page 170, Dower or title by descent released, NOT DISCH RGED. -7- Shirley Berger, Trustee TO Edward J. Hughes in Bankruptcy of estate Of Carleton H. Hughes D: Nov; 3 19953 - R: Nov, 21, 1953 Trustee Deed $$700, All the interest of said Bankrupt in the estate of the late ;:uragh Hughes, father of the bankrupt, 'bankrupt and also all the interest Of said in the estate of the late Catherine Hughes, grand- mother of the bankrupt, Trustee appointed Feb, 12, 1953 Authorized by order o£.Referee in Bankruptcy to sell and convey July 18, 1953. Vol, 1414, Page 380, -o- �inited States of America vs Plaintiff 136,96 acres of land, more or less, situate in tae cities of Bangor And Old Town, and towns of Argyle, Chester, Edinburg, Hampden, Heron, Howland and Orono, County of Penobscot, and in the towns of Bridgewater, Easton, Fort Fairfield, Hainesville, Houlton, littleton, Limestone, 11acwahoc, More m Hill, Civil No, 696 Holus, Monticello and Wytopiticek, unorganized township or Folkstown, and Tar 3 and North Yarmouth Academy grant, County of Aroostook., State of Maine, and Williaa Chapman at als „ and unknown owners, Defendants, JUDOMtENT ON THE DECLkRATION OF TAKING John D. Clifford Jr. This cause coming on for hearing........,. Now, therefore, it is ORDERED, ADJUDGED AND DECREED that a perpetual and assignable easement and right of way to construct, maintain, repair, operate, patrol, replace and/or remove a pipe line with all fittings and anoliances thereto, in, upon, under, over and through the lands' described in Exhibit " A attached hereto and made part hereof, subject, however, to existing easements for public roads and high- ways, public utilities, railroads and pipe lines. Together with the right to trim, cut, fell and remove therefrom all trees and under-. brush and obstructions and any other vegetation, structures, or obstacles within the limits of the right of way as is necessary to provide adequate clearance and to eliminate interference with or hazards to the structures or utilities placed or constructed on, over or under said lands, is deemed do be Condemned and taken for the United States of America, and the right to fust compensation for the property so taken is vested in the persons entitled thereto{ and the amount of such gust compensation shall be ascertained are awarded in this proceeding and established by judgment herein pursuant to law; and it is further,......... _nterad this 15th day of September, 1952, at Bangor, Heine. John D. Clifford, Jr, Seal united States District Judge A. tris copy: Attest; Morris KCox,ath Clerk by /s/ Deputy Clerk Hickson lleputy Clerk -8- NOTE The information appearing under the heading SCHEDULE " A It in this abstract was riot obtained from records in Penobscot County Registry of Deeds. I was unable to find said inforra'tion in said records of said Registry, said information was obtained from the fila35,o£ the Assistant United States Attorney, Bangor, Maine, The information appearing under the heading ^RACT NO. H -277-E in this abstract was not obtained from the records in Penobscot County Registry of Deeds, Said information was obtained from the files of the Assistant United States Attorney, Bangor, Maine, Man $NED PA -8671 Sheet 02 of 16 Searsport-Livestone Produots Pipe Line has not been recorded in said Registry, so states Leslie 17, Bowler, Register. SCHEDULE " A " The lands which are the subject matter of this Declaration of Taking, and of this Condemnation, aggregate 136,76 acres, more or less, sit- aate and being in the cities of Bangor and Old Town, and Towns of Argyle, Chester, Edinburg, Hampden, Herron, Rowland and Orono, County of Penobscot, and in the Towns of Brlcgewater,' Easton, Fort Bairfield, Haynesville, Hoalton, Littleton, Simontone,'FM1aewahoc, Maxx Hill, Molunkus, Monticello and lilytepiticok, unorganized Omni - ship of f lkstown�Aroostook and I.A.R. 3 andNorthYarmouth Academy Grant, County of dreostook, State of Maine. A description of the lands taken, together with the names of the purported owners thereof, and a statement of the sum estimated to be just compensation therefor, is as follnwc- TRACT N0, B -277-E A strip of land. in the City of Bangor, County of Penobscot, e Stat of Maine, said stria of land being 50 feet in width and apState 1397 feet long, 17 Yeet on the westerly side and 33 feet on the easterly side of the following described survey line: Beginning at a point on the boundary line between land of Grantor and land of Bangor Real Estate Development Company, and center line of Hammond Street, said point being 415 feet East of the Hermon Sown Line; thence through land of grantor North 3 degrees 25 minutes Best 887 feet, more or less, North 44 degrees 25 minutes Best 510 feet, more or less, to a point in the Easterly Boundary Line of Grantors Land at land of George A. Pernum, said point being 1245 feet, more or less, distant North of the North line of Hammond Street, Containing 1,60 acres, more or less, All as shown on Map #NED PA. -8667, Sheet $2 of 16 Searsport-Limestone Products Pipe Line recorded in Registry of Deads, Penobscot County, Baine, Name of Purported Owner Hughes Bros, Inc. Address of Purported Owner Bangor, Maine Estimated Compensation j61.00 vol, 1364, Page 350. -o- United States of America on Plaintiff 136,76 acres of land, more or less, situated in the Cities of Bangor and Old Town, and Towns of Argyle, Chester, Edinburg, Hampden, Hermon, Howland and Orono, County of Penob- soot, and _n the Towns of Bridgew'atex Hasten, Port Fairfield, H.ain=ville, Civil Pio, 696 Houlton, L'_ttleton� Limestone, D: June 15, 1953 ..440 .y V. IQiKSTown, and TAR 953 R: June 16, 1 3 arid. North Yarmouth Academy Grant, County Of Aroostook, State of 'nine and William Chapman at a1, and un- known owners, Defendants, .9_ MOTION TO AMEND JUDG6'E02 ON THE DECLARATION Of TAXING John D. Clifford, Jr, Now comes the United States of America, by Alton A. Lessard, United States Attorney for the District of Maine and E, Donald Finnegan, Assistant United States Attorney it and for said District, and moves this honorable Court that the Judgment on the Declaration of Taking heretofore filed in this proceeding may be amended by adding thereto, as Schedule B thereof, the list Or persons having or she may claim an interest in the property in question, or any par, th:crecf, whose names are asoertainable by a reasonable, diligent search of the records, and whose names may have otherwise been Hearne, Altar. A. Lessard United States Attorney D. Donald Finnegan Assistant United States A OLDER tty, On the foregoing Notion, it is hereby ORDERED, that the Judgment on the Declaration of Taking heretofore -"led in this proceeding may be amended by adding hereto the said Schedule " B ", as prayed for, and that no further service of said amendment other than that the Clerk of this Court shall file in the Registries of Deeds for the Counties of Penobscot and Aroostook ,Southern District) where said land is situated, a duly certified :cry of this Notion and Order thereon, John D. Clifford, Jr, A true cony, Attest: United States District Judge Norris Cox, Clerk by: %atherine X. Hickson Deputy Clerk. SCRIEDULE Tract Co. Name Address B -277-E HuGhes Bros, Inc, Bangor, Maine and others not herein under consideration. Vol. 1394, Page 344. -o- United States of America vs, Plaintiff 136,76 acres of land, more or less, situate in the cities of Bangor and Old Town, and towns of Argyle, nowrana-, and Orono, County o£ Penob- Civii No, 696 most, and it the towns of Bridgewater. Easton, Fort Fairfield, Hainesville D: September 16, 1953 Houlton, Littleton, Limestone, Mac- , E: Cc -,ober 6, 1953 wahoc, Mars Hill, Molunkus, Horti- and Uilliam Chapman, et ale., and unknown owners, Defendants JUDGNEIPP ON AMEND,:ENT TO DECLARATION OF CATLING This cause coming on for hearing*nr;r****i.t it appearing to the satisfaction of the Court: 1, Peat through inadvertance and mistake the,, are certain errors in the description of Tracts Nos, ;:+w: H -277 --Bs s<* as set Porch in Exhibit A attached to the ,Judgment on ,he declaration of taking, which errors necessitate the correction of said descriu- tions, and -10- 2. That Schedule " B " attached to the Declaration of .'akin; does not adequately delineate the land covered by the Declaration of Taking, and 3. Thatthe estate taken in all of the lands included in this pro- ,ceeding is incorrectly set forth in said judgment on the declare - tion of taking, and 4 That it is necessary to amend the above mentioned judgment on the declaration of taking in order to accomplish the correction of the errors mentioned above: Now therefore, it is ORDERED, ADJUDGED AND DECREED (1) that the descriptions of Tracts pros. -B-277 E xiHHt are amended to read as set forth in Exhibit A-1, attached hereto and specifically- made a part here- of by reference: (2) that Schedule "B-1" attached to the amend - sent to declaration of taking, delineating all o. the tracts in the proceeding, including said tracts as described in the attached Exhibit A-11 is substituted for Schedule B attached to the oelaration of taking; (3) that in all places in the jadgment on the declaration of taking in which the words " pipe line15 -appear, that the words 11 pipe lines " be substituted therefor; and it is PaYher;s+.:exw;f m Dated the 18th day of September, 1953, at Bangor, Maine. John D. C1i crd, Jr. .United Sftates District Judge EXHIBIT A-1 Amended Descriptions for Tracts Sea. B -277-E r<tss: Tract Vo. B -277-B A strip of land situated in the City of Bangor, County of Penobscot, State of Maine, said strip of land being 50 feet in width and approximately 1402 feet long, 17 fent on the westerly side and 33 feet on the easterly side of the following described survey line: Beginning at a point on the boundary line between land of grantor and land of Bargor Real Estate Development Co., at center line e3 Hammond Street, said point being 445 feet, more or less, easterly of the Hermon Town Line; thence north. 1 do Yee 44 minutes 20 seconds -lest 35 feet, more or less, 1 degree 46 minutes West 854 feet, more or less? North 38 degrees 47 minutes 40 seconds East 513 feet, more or less, to land of George A. Earnom, said point being 1242 feet, more or less, distant north of the center line of Hammond Street. Containing 1.61 acres, more or less. All as shown on Town NNED-PA-367, Sheet #2 of 16 °esrsport- Limestone Produots Pipe Line recorded in Registry of Deeds, Penobscot County, Seine, Base and address of Purported Owner--- Hughes Brothers Incorporated, Bangor, Laine Vol, 1409, Page 229, Note: Leslie IV. Bowler, Register of Deeds, Penobscot County, Elaine states that above mentioned map has not been filed and 'recorded in said Registry. -o- Suprene Judicial Court Penobscot, as: in Equity I hereby certify that a Bill in Equity was on 6/30/52 f led in the cities of said Court, The Bill being dated 6/25/52 whereir Marion B. Allyn, Otis C. Allyn, Ruth Armstrong, James Armstrong, KaxIe Peters, are complainants Clara M. Hughes, Carleton }I. Hughes, Edward J. Hughes, Arlene A. Hughes, Clara A. Aird, John C. Aire., Hildred L. VOran, Daniel J. yaran, Hughes Bros. Inc. are defendants :1- That the real estate in litigation in said Dill appears of record and is described as follows: Same premises described in Val, 896. Page 6 and other lands. - Eat -d-, August 25, 1954 George P. Could Clerk of Courts County of Penobscot Seal of Supreme Judicial Court, Vol, 1448; Pages 109, 110. '0 - dames A. Keeney appointed Receiver February =A, 1953 is Equity Case: sarion E. Allyn, Otis C. Allyn Ruth Armstrong, James Armstrong and Marie Peters vs, Clara X. Hughes, Carleton H. Hughes, Edward J. Hughes Arlene A. Hughes, Hildred B, Haran, Daniel J. Blotch, Cla-a A. Airs, John C. AAird, Hughes Bros. Inc, Edward P. Murray, Active Retired Vol, 1453, Page 338, Justice, Suprema Judicial Court. -o- Harion F. Allyn, Otis C. Allyn, Ruth Armstrong, James Armstrong and Tdaria Peters VS. Clara M. Hughes, Carleton H, Hughes, Edward J. Hughes, Arlene A. Hughes, Hildred b, Moran, Daniel J; Eoran, Clara A. Aird, John, C, Aird, and Hughes Bras, Inc, This matter came on for hearing: It is ORDERED, ADJUDGED Alii DECREED, That Edward J. Hugheo aoting as Treasurer of Hughes Bras. Inc, and for said Hughes Bros. Inc, convey to James A, Heaney as Receiver in this case the following described property: Same premises and other land. Dated at Bangor, Maine this 15th day of June A.D, 1954. Edward P, Nurray, Active Retired 'i.'oti ce Waived;Justice Supreme Judicial Court. E. Donald Pinnegan, Attorney for Edward Hughes, Clara Hughes and P.ughes Bros. Inc. -vol. 1453, Page 339, -12- ATTACHMENTS Clara M, Hughes by eastern Trust for °a6000.03 January 20, 1937, Returnable April term Superior Court 1937. Discharged Nov, 4, 1941 Car'_e'Con H. Hughes by Eastern Trust for $10,225 February 2, 1937 RctuanAble April term. Superior Court 1937. Discharged Nov. 4, 1541. Edward X. Hughes by Eastern Trust for :010,225,00 Febuary 2, 1937 Returnzble April term Superior Court, 1937. Discharged Nov, 4, 1941, Carleton H. Hughes by John F. Magee x9000.00 December 1, 1937 returnable to Superior Court January term 1938. Not Discharged. Edward J. Hughes by John F, Magee x9000.00 Dacembor 1, 1937 returnable Superior Court January term 1938. Not Discharged. Hughes Bros by John P. Magee x9000,00 December 1, 1937 returnable Superior Court January term 1938. Hot Discharged. 2,7eard J. Hughes by John I. Magee December 1, 1537 `x2000.00 returnable Superior Court 1938. Not Discharged, Carleton H. Hughes by John. F. Magee 06000.00 December 1, 1937 returnable Superior Court January term 1938. Not Discharged. Clara H. Hughes by John 11. Magee December 11 1937 for x5000,00 returnable Superior Court January team, 1938, ^.dot Discharged. Carleton H, Hughes by D,S, Fidelity and Cuaranty Cc, y1500.00 Noted 22, 1938, returnable to Superior Court April tam 1938. Not Discharged, Carleton H. Hughes by U.S. Fidelity Co. .j800,00 March 22, 1938 returnable Superior Court April term 1939, Not Discharged, Carleton H. Hughes by State of Maine x200,00 October 7, 1946. Returnable January term Superior Court 1947. Not Discharged. Edward J Hughes by State of Maine x200.00 October 71 1946. Returnable January term Superior Court 1947. Not Discharged, Hughes Brothers Inc, by Panther Oil and Grease Manufacturing Company for x300.00 October 8, 1949, returnable to Hunicipar Court Bangor, December 1949. Discharged November 29, 1949. Search as to records in Registry of Deeds and Probate, Penobscot County from April 15, 1908 to Ootober 25, 1954, at 11:30 A. M. /s/ Jamas A, diooney -o- Hugbes Bros. Inc, TO James A. Mooney, Reoeiver Quitclaim D: 7/16/54 A: 7/16/54 R: 11/2/54 Same premises and other land. Val. 1455, Page 139 Hughes Bros. Inc. by Edward J. Hughes its Treasurer -13- Penobscot, as: Supreme Judicial Court in Equity Marion E. Allyn at als. Vs. Clara M. Hughes et als, ORD=DD, ADJUDGED AND DECREED: 1: that the Receiver is authorized to accect the offer of said Edward J. Hughes......... and is ordered to convey to the said Dd- ward J. Hughes by Receiverls deed the real estate in gnesticn, sub - ;act to the confirmation of this Court, Edward P. Murray, Active Retired Vol, 1462, Page 47 Justice, Supreme Judicial Court -o- mes A. Mooney, Receiver TO Edwa_v J. Hughes ecciver:s Deed x}51,000.00 D: 12/29/54 A: 12/29/54 R: 12/29/54 Same premises and other land. 9o1, 1462, Page 49, James A. Mooney, Receiver -o- Penobscot, ss: Supreme Judicial Court in Equity Marion E. Allyn et als, vs. D: 12/29/54 Clara nf, Hughes et a'_e, R: 12/29/54 INTERLOCUTORY DECREE ORDERED, ADJUDGED ADD DECREED: that said sale is confirmed. Same premises and other land, Edward P. P,iarray, ActiveRetired justice, Supreme Vol, 1462, Page 58, Jadioial Court -o- Edward J. Hughes TO Eastern Trust M Ranking Arlene A, Hughes Company husband and wife, D: 12/29/54 each joining herein A: 12/29/"4 as grantors R: 12/29/54 I;iortgage: X351,000,00 Same premise and other land, Vo I. 1462, Page 59 Dower or title by descent released, NOT DISCHARGED. -14- Blamed J. Hughes TO City of Bangor, Plaine F.uitclaim: p1.00 et al D: 6/10/55 A: 6/10/55 H: 9/20/55 The following lot or parcel o: land situated in said Range's, to wit: Beginning at a point formed by the intersection of the cacterl;+ lice -line of preuerty owned by Edward J. Hughes and the northerly side '_ice of Eanmond Street, said point also being the southwest corner of lard deeded to the City of Bangor by the Pine Tree Realty Corporation., said deed being dated March 15, 1955 and recorded in the Penobscot Rei; +stry of Deeds, Vol, 1473, page 309; thence northerly along said east- crly side line for a distance of about 1990 feet to the northwest corner of property deeded to the City of Banger by the Pine Tree Realty Corporation above referred to; thence westerly at riCht angles to the las` described line for a distance of 15 feet to a point; thence south- erly parallel to and 15 feet distant from the easterly side line of said Hughes property, for a distance of about 1990 feet to the no'r^horly side line of Hammond Street; thence easterly by and along the said northerly side line of Humored Street Tor a ei .ctarec n.' !, a strip of land 15 feet wide and about 1990 fee; long lying westerly of and adjoining the SO foo: right of way deeded to the City of Bangor '�) the Pine Tree Realty Corporation by their deeds dated March 15, --955 and May 6, 1955. Being all and the same a part of the premises conveyed to Edward J. Hughes by deed of James A, Mooney, Receiver in the case of Marion E. Allyn et ads, vs, Clara U. Hughes et als, dated December 29; 1954 and recorded in Penobscot Registry of Deeds in Back 1462, page 49. The premises herein conveyed are subject to the right of way and easements of the Now England Tel, and Tel. Co, and of the tiadded States Covernment, Vol, 1501, page 48. Dower or title by descent released. Continued as to records in Penobscot Registry of Deeds from October 25, 195A -,a May 18, 1956 at 12:15 P. Ti. REST. /a/ James A. Mooney aj,ln�: �[ cam, �_�✓,.�.,_, -15-