HomeMy WebLinkAbout2013-05-29 13-172 ORDERCOUNCIL ACTION
Item No. 13-172
Date: May 29, 2013
Item/Subject: ORDER, Authorizing the Execution of a Deed from the City of Bangor to the
University of Maine System — Release of Deed Restrictions
Responsible Department: Legal
Commentary:
This Order, will authorize the City Manager to execute a deed to the University of Maine System
releasing the following restrictions contained in a deed from the City of Bangor to the University
of Maine System dated January 29, 1996: 1) the requirement that the property be used for
University purposes only, and for no other purpose without the consent of the City; 2) the right
of the City to, at all reasonable times, go on and inspect the premises; 3) the requirement that
the University provide at all reasonable times security forces for protection of the public and the
premises and the right for the Bangor Police Department to enter the premises and buildings.
In 1970 the United States conveyed land to the University of Maine System on Maine Avenue,
Bangor, Maine. The deed included certain restrictions and conditions including the requirement
that it be used for education purposes for 30 years. The United States also conveyed land to the
City of Bangor abutting the land conveyed to the University of Maine System. In 1996 the City
conveyed a parcel abutting the UMS property to them with certain restrictions, at least in part
due to the restrictions in the original conveyance from the federal government.
The University of Maine System is now proposing to sell the building known as Dow Chapel and
enter into a ground lease with the purchaser and have requested that the City release three of
the restrictions contained in the 1996 deed.
This item was reviewed and recommended for approval by the Business and Economic
Development Committee at its May 21, 2013 meeting.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Department Head
City Manager
Finance Director
np�Fi%ICity Solicitor
13-172
MAY 29, 2013
Assigned to Councilor Blanchette
84
:a
CITY OF BANGOR
ED.
(TITLE.) ORDER, Authorizing the Execution of a Deed from the City of Bangor to the
University of Maine System — Release of Deed Restrictions
WHEREAS, In 1970 the United States conveyed land to the University of Maine System on
Maine Avenue, Bangor, Maine; and
WHEREAS, said deed included certain restrictions and conditions including the requirement that
it be used for education purposes for 30 years; and
WHEREAS, the United States conveyed land to the City of Bangor abutting the land conveyed to
the University of Maine System; and
WHEREAS, in 1996 the City conveyed a parcel abutting the UMS property to them with certain
restrictions, at least in part due to the restrictions in the original conveyance from the federal
government; and
WHEREAS, the University of Maine System is proposing to sell the building known as Dow
Chapel and enter into a ground lease with the purchaser; and
WHEREAS, the University of Maine System is requesting that the City release three of the
restrictions contained in the 1996 deed.
By the City Coundl of the City of Bangs.
ORDERED,
THAT Catherine M. Conlow, City Manager, is hereby authorized on behalf of the City of Bangor
to execute a deed to the University of Maine System releasing the following restrictions
contained in a deed from the City of Bangor to the University of Maine System dated January
29, 1996: 1) the requirement that the property be used for University purposes only, and for no
other purpose without the consent of the City; 2) the right of the City to, at all reasonable
times, go on and inspect the premises; 3) the requirement that the University provide at all
reasonable times security forces for protection of the public and the premises and the right for
the Bangor Police Department to enter the premises and buildings. Said deed shall be
substantially the same form as attached hereto and in a final form as approved by the City
Solicitor or Assistant City Solicitor.
IN CITY COUNCIL
May 29, 2013
sed
- _>44/4�
CITY CLERK
13-172
MAY 29, 2013
MUNICIPAL QUITCLAIM DEED
The City of Bangor, a municipal corporation located in Bangor, Penobscot County,
Maine, as Grantor, for consideration paid, releases to The University of Maine System, a body
politic and corporate, and an instrumentality and agency of the State of Maine, having its
principal offices at 16 Central Street, Bangor, Maine, as Grantee, any rights the City of Bangor
has in and to the Bangor, Penobscot County, Maine real estate conveyed by The City of Bangor
to the University of Maine System by deed dated January 29, 1996 and recorded in Book 6125,
Page 272 of the Penobscot County Registry of Deeds, by virtue of the following three
restrictions set forth in said deed:
A. Grantee shall use, occupy and maintain the premises herein conveyed for
University purposes only, and for no other purposes whatsoever without the
prior expressed written consent of the Grantor.
C. Grantor, through its agents, shall have at all reasonable times the right to
go upon and inspect the premises with an authorized representative of the
Grantee.
F. Grantee, at its own expense, agrees to provide upon the premises at all
reasonable times security forces which the Grantee deems necessary and
adequate for protection of the public and the premises herein conveyed.
Members of the Bangor Police Department shall have the right and permission
to enter upon the premises and any buildings thereon without liability for
trespass and to take whatever action may be necessary and proper to enforce
the Ordinances of the City of Bangor and the laws of the State of Maine. Nothing
herein shall be construed by Grantee as requiring the Bangor Police Department
to patrol the premises herein conveyed.
The Grantor waives any and all rights in and to the subject property by virtue of the
foregoing three restrictions, including, without limitation, the right to enforce the same. This
release deed is not to be construed as a waiver or release of the Grantor's rights to enforce any
other conditions and restrictions set forth in the deed recorded in Book 6125, Page 272.
This deed is being given in accordance with City Council Order # dated
12013.
)R1175635.1 36332-066447 ) Page I 1
13-172
MAY 29, 2013
IN WITNESS WHEREOF, the said City of Bangor has caused this instrument to be sealed
with its corporate seal, and signed in its corporate name by Catherine M. Conlow, its City
Manger thereunto duly authorized, this day of 2013.
Signed, Sealed and Delivered
in the Presence of
STATE OF MAINE
PENOBSCOT COUNTY
CITY OF BANGOR
By:
Catherine M. Conlow
City Manager
, 2013
Then personally appeared the above-named Catherine M. Conlow, in her aforesaid
capacity as City Manager for the City of Bangor, and acknowledged the foregoing to be her free
act and deed in her said capacity, and the free act and deed of The City of Bangor.
Before me,
Print Name:
Notary Public/Attorney at law
(81175635.1 36332-066447 ( Page 17.