HomeMy WebLinkAbout1964-08-10 170-R ORDER17aR
.` Introduced by Councilor Hnrry, Aug. 10, 1964
CITY OF BANGOR
QITEE) @rbera_Authorrzmg City Manager to Withdraw Federal, Payment for
Abbott Square Parking Lot.
BY t" City Onos { of City of Bangor:
ORDERED,
THAT the City Manager be and is hereby authorized to take such
steps as may be necessary to withdraw the funds deposited in the United
States District Court by the U. S. Government as part of the proceedings
condemning the land designated as Parcel 3 by the United States in its
Declaration of Taking and
BE IT FURTHER ORDERED that the City Manager bg and is hereby
authorized to execute the Petition prepared for this purpose, a copy of which
Is attached hereto and
BE IT FURTHER ORDERED that the funds so withdrawn be deposited
In an appropriate escrow account.
/;"� RECEIVED
1964 AUS -5 PK 3: 36
CITY CLERK'S OFFICE
C" OF BANGOR. MAINE
IN CITY COUNCIL
Aug. 10, 1964
PASSED
ITY CLNAK
170-R
srrr�a
Tine,
.. Auth.. Aity,
Federal Payment for Abbott Sq.
.....................................
Parking Lot.
'Introduce nd feed by
Gilman
UNITED STAIRS DISTRICT COURT
FOR THE DISTRICT OF MAINE
NORTHERN DIVISION
UNITED STATES OF AMERICA
Plaintiff
CERTAIN LOAD IN THE
CITY OF BANGOR,
COUNTY OF PENCBSCOT
STATE OF MAINE
at als.
Defendants
Civil Action, Docket Number 1459
APPLICATION FOR VRTIiORANAL OF EMMTED CONTENSATION AS TO
PARCEL THERE ANO NOTION AND ORDER THEREON
City of H.angov. defendant herein, respectfully represents
to this Court as follows:
1. That it is the asset and claimant of the fund deposited
as estimated just compensation in the above entitled proceeding for the
land herein identified as Parcel 3 more particularly described in the
Declaration of Taking filed in this proceeding.
2. That the owner of the fee simple title thereto is the
City of Banger, Maine,
said land.
3. That there are no liens, encumbrances or charges upon
4. That no taxes are due and exigible against said land
with all improvements,
5. That no agreement has been reached between the
United States of America and the undersigned applicant, but that appli•
cant desires to withdraw from the funds deposited in this court the
amount of just compensation deposited therein, without prejudice to
applicant's right to have the sum of just Compensation adjudicated, as
by statute in such case provided (40 U.S.C.A. 25X4).
6. That the amount of money which applicant desires to
withdrw from said funds is the a= of $140,000.00 which said a= is
sot in excess of the amount of money allocated and deposited with the
Declaration of Taking filed in this proceeding for the land herein
described.
I. The undersigned hereby agrees to repay to the United
States all or any part of any sums of money withdrawn by order of this
Court, if it is determined by this Court that another person or persons
to entitled to all or a part of said aims of money, and said repayment
shall be made In whatever amounts and in whatever manner is directed by
this Court, with Interest at 6% per annum thereon, The undersigned
agrees that if the judgment of this Court fixes the valuation of the
lend herein described at an amount or amounts less than the amount of
money withdrawn by the undersigned by order of this Court, to repay to
the United States an amount of money equal to the difference between
the said valuation and the said canape withdrawn by such order with
Interest at 69. per wham thereon.
WHEREPCRE, your petitioner prays for an order of this
Court, directing the disbursement of the funds as follows to the City
Treasurer, City of Bangor, Maine.
CITY OF BANG(IR
By
CITY MEAGER
Hereonco duly authorized
APPLICANT
MOTION
Plaintiff, United States of America, moves that the Court
issue its order in accordance with the prayer of the foregoing petition.
UNITED STATES ATTORNEY
ORDER
Upon the foregoing petition and the representations therein
made, the Court being duly advised in the promisee, it is
ORDER®, that the Clerk of this Court be and he hereby is
directed to disburse the sum of $1400000,00 of the funds allocated and
deposited with the Declaration of Taking filed in this case for said
Parcel 3, as follows: to the City Treasurer, City of Bangor, Maine, said
disbursement being without prejudice, as prayed for in the foregoing ap-
plication.
ENTERED the day of , 1964
UNITED STATES DISTRICT JUDGE