HomeMy WebLinkAbout2007-04-19 07-160 ORDERc1 Y AmignWtoCnarclor aures April 19. 3007
CITY OF BANGOR
(TITLE.) ORDER, Condemning a Parcel of Land by Eminent Domain to Extend
Hogan Road.
WHEREAS, the Bangor City Council placed the the sc-called Parallel Service Road on
the Official City Map, the northerly meet portion of which Is the Hogan Road Exension, an
December 16, 1998, by Council Order 99-39, laying out Me public way; and
WHEREAS, the City has been unable to purchase the necessary land for one Hogan
Road Extension a[ what Me City deans a reasonable valuation; and
WHEREAS, the public exigency requires the immediate WMng of the property;
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In the event that Council Order 02-196, "Authorizing the City Manger to Execute an
Agreement with CMI, Inc., and Thomas J. Valley and Michael Eremita- Hogan Road Extension"
fails to be passed or, if passed, the Agreement so authorized is not executed in accordance with
the terve of the said Order, then:
1. In accordance with B M.R.S.A. § 3023, the City Council of the City of Bangor hereby
finds that an exercise of eminent domain Is necessary because the qty has been unable to
purchase the necessary land for the Hogan Road Extension, as descdbeb herein, at what the
City deans a reasonable valuation and the public exigaay, requires the Immediate taking of Me
property for highway purposes;
2. The City Council of the City of Bangor hereby condemrs by eminent domain Me
following described parcels in fee simple for the purpose of establishing a public right-of-way:
A. C.M.L. Inc.. Parcel:
A certain lot or parcel of IoM, together with any improvenzMs thereon, situate In
Bangor, Penobscot County. Maine, and being mare particularly bounded and described as
follows:
Beginning at an iron red at the northwesterly Ilne of Stlllwala Avenue, as asserted in
%atice of Layout and Taking" recorded] In the Penobscot County Registry of oases in
Book 3210, Page 59, said Iron reel saw being the southeasterly roman a land now or
formerly of Bangor Inn Aisadates as descrlhee in the deed from BEV, Inc., dated] August
31, 1988, and recorded in the Penobscat County Registry of Deeds in Back 9299, Page
273;
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5. The City Manager, on behalf of Ne City of Bangor, is hereby authorized and directetl to
serve a copy of this Order wfth payment of the aboveddenbfiecl compensation upon all listed
property owners in compliance with 23 M.R.S.A. § 3023, and file an attested copy of this Order
in the Penobscot County Registry of Deeds for the purposes of satisfying 23 MRSA § 3024.
NOW THEREFORE BE R FURTHER ORDERED THAT:
Re City of Bangor hereby accepts the Hagan Road Extension, as described herein, as a
public right-of-way effective on the data of filing of this Order in Ne Penobscot County Registry
of Deeds,
IN un wwclL
April 19. 2007
botioa Made cad seconded
far Passage
Mtion Made and Seconded to
Suspend rise Rules to
C eider Order 01-161
sed
CITT M
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0RORR
(TITLE,) caaae.ara> . o..,.vi of—d w
gainent Doaaiv to Extend Rogan Road
Assigned b Countgol
EXHIBIT A PAGE 1 of 2
C.M.L. Inc.. Parcei
A certain IN or perms! of Iand, together with any improvements thamn, stands in Bangor, Parobscg
County, Mauve, and being more particularly bounded nM described as follows
Beginning at an iron rod at the northwesterly fine of Stillwater Avenue, as desm'bed an "Notrce of Layout
and Taking" records! in the Penobscot County Registry of Deeds th Bonk 3210, Page 54, said not rod
also being the southeasterly comer of land now orf sly of Bangor lent Associates as described inthe
deed Gam BEV, Inc., datW August 31, 1988, and reeaded in the Permbscot Couray Registry of Deeds in
Book 4299, Page 273;
thence by and along said nghtaf-way line of Stillwater Avenue South altar -one degrees forty-seven
minute¢ fifty-seven seconds West IS 31" 47' SJ" W) a didanrz of fourteen and ninety-two M1undredths
(14.92) feet to apolg;
thence NOM sixty degrees seven mucosa zero seconds West M 60" 07' 00" W) a distance of three
hundreA sixty and twenty-four hundmdds (36024) feet Onough land now or formerly of BEV, Inc. as
descnbW in the deed from Paroleo Davy Farms, dated Judy 11, 1985, and mended in said Registry at
Book 3672, Page 101, to a point;
thence South seventy-seven degrees twenty -f minm¢m dirty seconds Went IS ]A 2R' 30" W) a
diamnce of two hundred fogy and thirty hundredths (240.30) feet to a point in the southwesterly firs of
said BEV,1uc. lord and the northeasterly has of land now or formerly of Penn York Asso des;
thence North mermen degrees founded minutes zero s xiinds West IN 14" 14' 00" W) by and along the
southwesterly line of said BEV, Im. land a distance of twenty-one and sixty-two hundredths (29.62) bier
W the northwesterly comer of said BEV, Inc, land also being the southwwtaly coma of land now or
formerly of C.141 Inc. Persian Trust as described in the deal Gam Bichat D. Weis, dated Ins 10,
1986, and remodel in said Registry inBmk3855, Page 318;
thence North seventy -¢even dews hvmry-few pound thirty sessions Past IN yT 24' 30" E) by and
along add C.M.L Inc. Pension Trust land a distance of two hundred sixty-two and thhtydwo hundredths
(262.32) feet to the soutbdidedy center of said CM.I., Inc. Pension Tmst land;
thence South twmtycight diseases eighteen minutes thirty-five wands East IS 280 18' 35" E) by and
Along said Bangor hen Associates land a distance of eighteen and £ hundraitha (18.04) bin to an hon
red;
thence South fi0yeight depces twelve minutes fon awonde East IS 58" IT 04" E) by and gong said
Bangor horn Associates land a dist"""' of three hundred fifty (350.00) feet b the point of beginning.
The foregoing dearsipuon is based on the survey plan entitled "Standard Boundary Survey & As -Built
Pled ofMSSROADS PLAZA, Property of BEV, WC.", dated January 4,1999, prepared by The Ames
Cooperation, and recorded in the Penobscot County Registry of Deeds th Ban Book 1999, Page 1 (We
"Plen'9.
EXFIIBIT A. PAGE 2 of 2
Thomas 1. Valley and Michael Eremita Parcel:
A certain lot or parcel of Iced, together with my imprav®eda thereon, aituate in Borger, Penobscot
Costly, Maine, and timing mare particularly bouMd and damibd as follows:
Beginning at the nonswestedy corns of land now or formerly of BEV, Ino., as described in the demi
Gam Paroleo Dairy Pym dared July 11, 1985, and recordW in the Penobscot C ty Registry ofD ds
in Book 3692, Page 101, also being the southwesterly comer of lend now or fomrerly of CMI Inc.
Pension Trust as des sibd in the dead Gam Richard D. Davis, datW July 10, 1986, and recorded in said
Registry in Book 3855, Page 318, at apoint in the northeasterly sideline of land now or formerly of Pont,
York Associate:
thence North f narimn degrees doorman arouses zero Woods West (N 14° 14' 00" W) by and along said
Pam -York Associates land a distance of forty and forty hwdredlM (40.40) feet to a point;
thence North sevmtyseven degrees twedy-four turner thirty armorial East (N 77" 24' 30" M through
said C.M.I. Inc. Persian Trust IeM a dominate of two hundred fifty-two and nine hundredths (252.09) felt
to the rwrthenterly sideline of said CM.I. Mr. Pension Trust land and the southwesterly sideline of IeM
army or narrowly of Bangor hen Associates as dacribei in the deed finot Thomas 1. Valley and Michael
Monona, Trustors of the CMI, Inu, Pemion Plan, dared August 31, 1988, and recorded in Book 4299,
Page 277;
thence South tweedy -eight degrees eighteen minutes thirty-five moods East (S 281 18' 35" E) by and
along said Bangor Inn Associates IaM a distance of forty-one and wnetysu hmdredths (41.96) feet to
the maintaining coma of sed C.M.I. Inc. Pension Trust land and the northeasterly mina of said BEV,
Inc. land;
thence South seventy -seem degas twedy-four Mortes thirty maands West (S 77" 24' 30" W) by and
along the northerly line of said BEV, Mc. land a distance of two hundrod sixty-two and thiartwo
hundraiW(262.32) feet m the point of beginning.
The foregoing dacrilam is based m the sdvey plan mtitlai "Standard Boundary Survey, & As -Built
Plan of CROSSROADS PLAZA, Property ofBEV, INC.", duct Muuary 4,1999, prepared by The Ames
Corporztioq and recorded in the Penobscot Coudy Registry of Deads in Plan Book 1999, Page 1 (the
"Plan').
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thence by and along cold right-of-way line of Stillwater Avenue South thir"ne degrees
Party scon minutes fiflyseven seconds What IS 310 47 57" W) a distance of fouteen
and ninety -tam hundredths (14.92) feet to a point;
thence Nom sixty degrees own minutes zero seconds Wast (N 600 07' 00" W) a
distance of tree hundred sixty and twenty-four hundredths (360.24) feet through land
III or formery of BEV, Inc. as described In the deed from Paroleo Dairy Farms, dated
July 11, INS, and recomed in said Registry in Book 3672, Page 101, M a pant
thence South seventy-seven degrees twaM1y-faur minutes thirty seconds West IS )N 24'
30" W) a distance of two hundred forty and thirty hundre@hs (240.30) not to a Point in
the muthwesterly lire of said BEV, Inc. and and the northeasterly line M land now or
formerly of Penni Associates;
thence Nom fourteen dagreas fourteen minutes zero seconds West (N 140 14' 00"W) by
and along the muthwaYerly line of old Bay, Inc. land a distance of twenty-nine and
sixty-two hundredths (29.62) not M the rwmwas[erly come of said BEV, Inc. land, also
being the southwesterly comer of land now or formerly M C.M.I. Inc. Pension Trust as
dervibed In the deed from ImI and D. Davis, dated July 10, 1986, and recorded In said
Registry in Book 3855, Page 318)
thence Nom seventy-seven degrees twenty-four minutes Min secends East IN yN 24'
30" E) by and along old C.M.I. Inc. Pension Trust land a distance of two hundred sixty
tan and thirty -nm hundredths (262.32) feet t the southeasterly corner of said C.M.I.,
Inc. Pension Trust land;
Mance South twenty-eight degrees eighteen minutes thirty -flue secands East (S 280 18'
35" E) by and along said Bangor Inn Associates land a distance of eighteen and four
hundredths (18.04) feet to an iron roti;
thence South fifty-eight degrees twelce minutes four seconds East IS SIP 12' 04° E) by
and along said Baigor Inn Associates Words a distance of tree hundred fifty (350A0) feet
to Me point of beginning.
The foregoing description Is based on the micey plan entitled "Standard Boundary
Surrey & As-BuIR Plan of CROSSROADS PVSA, Property of BEV, INC", dated January 4,
1999, prepared by Tire Ames Corporation, and recorded in the Perimmot County Registry
of Deeds in Plan Book 1999, Page 1(Me "Plan").
A carbon lot or parcel of land, together With any improvements thereon, social In
Baigor, Penobecot County, Maine, and being more particularly bountled and described as
follows:
Beginniig at Me nomwesterly comer of land now or formerly of BEV, Inc., as described
in the deed from Pamleo Dairy Farms, dated July 11, 1985, and recorded In Me
Penotamot County Registry M Deeds in Book 3622, Page 101, also being Me
muMwestMy corner M land now or formerly aC.M.I. Inc. Remain Trust as described In
the deed from Riehl D. Davis, dated July 10, 1986, and recorded In mW Registry In
Book 3855, Page 318, at a point In Me northemonly sideline of land row or formerly of
Penn -YOM Associates;
thence Nom fourteen degrees fourteen minutes zero seconds West IN 14014' 00' W) by
and along said Penni Associates land a distance of forty and forty bued acts
(40,0) and to a point;
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thence North saventy-men degrees twenty-four minutes thirty seconds East (N n0 29'
3W E) through old C.M.I. Inc. Pension Trust land a distance M two hundred fifty-two
and nine hundrndt6s (252.09) feet to the northeasterly sideline of Bald C.M.I. Inc.
Pension Two and and the southvres[erly sideline of land now or formals of Bangor Inn
Associates as desoibnd in the deed hom Thomas J. Valley and Michael Eremita, Trustem
of the C.M.L, Inc, Pension Plan, stated August 31, 1988, and rewrdol In hook 4299,
Page 222;
thence South twenty-eight degrees eghteen minutes MiM'five mconds East (5 280 18'
35" E) by and along said Bangor Inn Associates and a distance of forty -ow and ninety-
six hundredths (41.96) feet to the outhea erly corner IN said CAL Inc. Pension Trust
land and the nortMasterly comer M said BEV, Inc. land;
thence South seventy -raven degrees twenty -far minutes thirty seconds West (5 720 2W
30" W) by and along the northerly lira of mid BEV, Inc. land a distance of Iwo hundred
slxry-levo and thirty-two hundredths (262.32) feet to the point of beginning.
The foregoing description is based on the surrey plan entitle] 'Standard Boundary
Survey 0 As -Bull[ Plan of CROSSROADS PV , Property of BEV, INC.", defend January 4,
19%, Prepared by The tunes Corporation, and recorded In the Parallel County Registry
M Deeds In Per Book 1999, Page 1(the "Plan'0.
3. The City Council of Ne City of Bangor has federal that the following permre have
property Interests in the parcels subject to this Order of condemnation:
Parcel A: C.M.I., Inc., a Maine corporation having a principal place of buslnkss In
Bangor, Penobscot County, Maine, time owner.
State of Maine, Dana of a slope casement described in a deed recorded
in the Penobscot Conry Regisdy of Deeds in Book 3210, Page 54.
Bangor Water District, a quasi -municipal corporation with a principal
place of business in Bangor, Penobscot County, Maine, owner of a
waterline easement described in a all recorded In Me Penobscot
County Registry of Deeds In Book 5941, Page 281.
Pal B: Thomas J. Valley and Micheel Eremites, both of Brewer, Penobscot
County, Maine, joint fee owners.
4. The City Council of the City of Bangor hereby determines that the value of each of the
avnership interests listed above as tallows, bared on computations of value showing the
differences between the values of the original parcels before and after the taking:
Parcel A: CMI, IDc.: $ 74,300.00
State of Maine $ 0.00
Bangor Water District $ 0.00
Parcel B: Thomas J. Valley and Michael Eremlta: $ 9,600.00
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