HomeMy WebLinkAbout1966-02-14 67-T ORDER67-T
Introduced by Councilor Broontas, Feb. ]A, 1966
CITY OF BANGOR
(TITLE.) (PrbgrrA thorizing,City Manager. to Enter into a Stipulation with
,.
the United States_ of America and Sampson -Ripley Company re: Sibley Court
By the City Conal! afore City ofBamesr
ORDERED,
THAT WHEREAS, on December 13, 1963, the City Council passed
Order 34-T authorizing the acceptance of a right-of-way known as Sibley
Court, sa_d right-of-way to be used as a public way contingent upon the
receipt from the United States of America, of the sum of $2,000 to be used for
the construction of said way,
NOW, THEREFORE, be 1t ORDERED, that the City Manager is hereby
authorized to enter into a Stipulation with the United States of America and
Sampson -Ripley Company, a copy of which is attached hereto, which implements
the aforesaid agreement relative to the construction of Sibley Court.
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IS66 FUD -4 A8 8: b^E
CITY (A CAN'S 066166
, pp o
IN CITY COUNCIL
Feb. 1, 1966
PASSED
67-T
O ROER
Tine,
Stipu t.iov wth US of A and Sampson -
Ripley Co. re: Sibley Court.
......................................
jeo�rodu ed £1 d by
Ca cilmev
' UNITED STATES DISfEICT COURT
➢ISTRICP OF MAIIiE
'; NORTIBRN DIPLSIttf
UNIMD STATES OF AMERICA, )
Plaintiff,
v ( Civil No. 1459
CIl AIN IAND IN To CITY OF ( (Parcels Is 2, and 3)
EANCCR, CO= OF fmomCCT, )
STATE OF MAIAB, AND BCNAED S.
MUI.LINS, AND UNAowu omCCs, )
ST ALS.,
Defendants. )
STIPULATION
C®es now the United States of America and the defendants*
City of Bangor and Sampson -Ripley Crapayv, former on, %%
of an interest
io Parcels 1, 2, and 3 herein, more Particularly described in the Dsciara-
ticn of TakiMp as amended, filed herein; and
It is stipul2tad and earned by and between the parties hereto
that the City of Bangor: and Sampson -Ripley Company at the time of the
taking by the United Mates, by virtue a this condemnation proceeding,
Of the land hereinafter described, claim certain interests in the nature
of easements over and upon the land herein identified as Parcels 1, 20
add 3 on those Plane entitled Schedule OBo, copies of sesich are attached
to the Declaration oP Taking end emandmmhs thereto filed in this proceed-
ing end made a park thereof, and the United States relies upon the afcse-
said statement that, at the time of the taking of the said lead described
herein by the United Mates by virtue oY this condemnation pracoadice, the
Bald easements are vested as stated herein and that there were no other
outatandihC interests in or claims to the said Parcel 2, accept the
interest of the heirs of xi i. Mavaes; and
It is further Stipulated and agreed that the City of Bangor /
abd Sampson-Nipley Compacy beraby expresaly cwuant to become parties to
the above entitled case as defendants and do hereby enter their appearances
in this nation, and a rawly w ve sarVice Of Once, complaint, notice
of the Piling of complaint, and any And all Other processes and proceedings,
hereby expressly waiving trial by jury and app and all rights affected
thereby, except as hereinafter provided; and
Stipulation -2
It is further stipulated and agreed that the full Just
compensation, including interest, payable by plaintiff, the United
States of America, for the taking of the said interests a the defendants
In said Parcels 1, 2, and 3. together with all improvements and appurtenances
thereto$ shall be the sum of Two Thousand Dollars ($20000) to be paid to
the City a BengOr, plus the conveyance by the United States of America to
the City of Bangor by its deed dated October 29. 1965, signed by Paul
lazzara, Regional Administrator, General Services Admimiistration, on
behalf of the United States of America, entl previously delivered to the
City of Bangor and to be recorded, of an easement over and Was Parcel 2
and a part of Parcel 1 for use as a public way as hereinafter provided; and
It is further stipulated entl agreed that the City of Bangor
will accept said easement as a public may and make such improvements thereto
as may, be necessary fm said purpose upon the completion a the United
States Post Office and Courthouse presently under construction on the land
acquired herein; and
Is is further stipulated and agreed that the payment of the aim
of Two Thousand Dollars ($2,000) to the City of Bangor and the conveyance
of the easement and its acscseptanas, as aforesaid, shall be full and Just
compenaatim and in full satisfaction of any, and all Claims by the City of
Bangor and Sampson -Ripley Company of whatsoever nature against the United
States of America by "saw of the taking of the said lands and all
appurtenances thereunto belonging, except as hereinafter provided; and
It is further stipulated and agreed that the above payment
and conveyance to the City of Bangor shall be In adddtim to and separate
from the juat compensation paid or payable to it by virtue of the takin„v of.
Parcel 3 of which it claimed sole ownership; and that nothing contained
herein or done by virtue hereof shall be construed so as to altar or
effect the previsions of the stipulation by and between the United States
of America and the City of Bangor dated October 1, 1965, or the Judgment
entered herein on October 25, 1965; and
The said parties hereby consent to the entry oP any and all
orders and judgments necessary to effectuate this stipulation and agree-
mast.
Stipulation -3
Nrr r.rev E. M INLM
United States Attorney
By
DAVID G. ROSNRTS
Assistant United States Attorney
Attorneys for Plaintiff,
United States of America
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GTT-
OF lY MR,
Min
BY
JOSEPH H. COUP"
Its city Manger (Seal)
end
JAMS E. MTTcN
Its Attorney
SAMSON-RIPfbY COM�/PA/NY
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RI 50�
Its President (Seal)
F -CC
ME G. RAVI9U `
is Attorney