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HomeMy WebLinkAbout2016-01-25 16-073 ORDERCOUNCIL ACTION Item No. 16-073 Date: January 25, 2016 Item/Subject: ORDER, Authorizing Execution of Documents to Purchase Property of the Small Family Trust — Stillwater Gardens Subdivision (Map 55, Lot 012-F) Responsible Department: Legal Commentary: The Small Family Trust is the owner of a parcel of land abutting open space owned by the City of Bangor that includes trails for public use. The Small Family Trust is willing to convey the property to the City of Bangor for the sum of $1,500. This acquisition will add to the City's land and improve public access to the City trails. The Stillwater Gardens Subdivision plan included an ambiguous reference that the property owners at the time of the plan approval "intend" to offer this parcel and an abutting parcel to the City, but the abutting parcel (Tax Map R55 Lot 12-E) is of no value to the City due to its location in relation to the trail. This ambiguous Note in the plan creates a title issue that is best to resolve at this time. This Order, if approved, with authorize the City Manager to execute documents necessary for the purchase and will provide that to the extent the ambiguous Note in the subdivision plan created any interest in or rights to the remaining property the City releases that interest or right. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for Passage First Reading Referral Department Head Page _of_ City Finance Director icitor 16-073 JANUARY 25, 2016 Assigned to Councilor Sprague �pF BgNl+. GITY OF BANGOR (TITLE.) ORDER, Authorizing Execution of Documents to Purchase Property of the Small Family Trust — Stillwater Gardens Subdivision (Map R55, Lot 012-F) WHEREAS, the Small Family Trust is the owner of a parcel of land abutting open space owned by the City of Bangor that includes trails for public use; and WHEREAS, the Small Family Trust is willing to convey the property to the City of Bangor for the sum of $1,500; and WHEREAS, it is in the best Interest of the City of Bangor to acquire the property to improve access to the City trails; and WHEREAS, the Stillwater Gardens Subdivision plan included an ambiguous reference that the property owners at the time of the plan approval "Intend" to offer this parcel and an abutting parcel to the City, but the abutting parcel (Tax Map R55 Lot 12-E) is of no value to the City due to Its location in relation to the trail; and WHEREAS, it is in the City's best interest and that of the property owners to resolve the ambiguity created by said subdivision plan reference. ORDERED, THAT Catherine M. Conlow, City Manager, is hereby authorized, on behalf of the City of Bangor, to execute all documents necessary for the City of Bangor to purchase property of the Small Family Trust in the Stillwater Gardens Subdivision, City of Bangor Tax Map R55, Lot 012-F. Said documents shall be a final form as approved by the City Solicitor or Assistant City Solicitor. BE IT FURTHER ORDERED THAT the City of Bangor releases to the Parker Realty Trust, owner of a parcel of land in the Stillwater Gardens Subdivision described in Penobscot Registry of heed Vol. 11382, Page 340 (Map 55 Lot 12-E), from any claim of a possible option to or right in said parcel by virtue of Note 6 on Map File 2007-131. The premises described in Vol 11382, Page 340 may be sold free from any option described in Note 6. IN CITY COUNCIL JANUARY 25, 2016 PASSED CITY CLE