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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.