HomeMy WebLinkAbout2004-02-23 04-81 RESOLVEItem No. py 81
Date: 022- 3_Q4
Item/Subject Resolve, Resolution of Condemnation of Property Located within the Penobscot
Riverfront Redevelopment Plan Area.
Responsible Department: legal
The purpose of this Resolve is to Initiate an eminent domain taking of all parcels mr iained
in the Penobscot Riverfront Redevelopment Plan area. While the City already owns all of the
properties affected, this perimeter taking will clear all titles to ensure that no tide problems arise
in the redevelopment phase. The Council will have to issue another Remlve approving this
resolution before the taking is effective.
Planagees Comments: kmis�,aaypr�µ,ye Aa�r'dia
aotkisau Lu
City Manager
Associated Infomration: P
Budget Approval:
Finance Oi-�
Legal Approval:
Imreduced for
Passage
_ First Reading Page _ of
Referral
F Assigned to cwac3lor Falser eebroary 23. 2004
CITY OF BANGOR
ITITLE.) Resolve, Resolution of Condemnation of Property Located Within the Penobscot
Riverfrunt Redevelopment Plan Area.
By the ply CooxN of Me pry of Bmgor:
RESOLVED -
WasaeAs, Title 30-A § 5203(3) authorizes Maine municipalities to acquire real estate
located in designated slum or blighted areas, for purposes of demolition or
repair or redevelopment, pursuant to a duly adopted Community
Development Program, by purchase or eminent domain; and
11naaNCA9, the following properties in Bangor are located within the Penobscot
Riverhnnt Redevelopment Plan area, a "alum or blighted area' designated
as a Community Development Program by the Bangor City Council in
Council Order 97-84, passed January 13, 1997: 41 Railroad Street, tax
assessor's map 43, lot 40, containing approximately 28.83 acres, and 0
Railroad Street (no assigned number), tax assessor's map 43, lot 40A,
containing apprmdmately 5,891 square feet; and
Wasaaes, the City of Bangor has acquired all properties within the Penobscot
Riverfront Redevelopment Plan area, excluding the reserved Maine Central
Railroad right-of-way, and desires W clear the titles thereto to facilitate
redevelopment; and
WRaazza, this Resolution of Condemnation is adopted by the City Council of the City
------ of Bangor, acting as municipal officers--puravant W 304t—M,R.S.A. § ---
5204(l);
Now, TRsa m, By the City Council of the City of Bangor be it Resoty as Fm ws:
(1) The Penobscot Riverfront Redevelopment Plan area, a Community
Development Program, encompassing the following properties and further
described by metes and bounds in `Schedule A' attached hereto is hereby
condemned and acquired in fee simple absolute by the City of Bangor
pursuant W 30-A M.R.S.A. § 5204 and the City of Bangor's duly adopted
Community Development Program Penobscot Riverfront Redevelopment
Plan:
0"1
ECEEDULEA
f 1- Between Main Street and the RaOread POW
Beginning at the pant of intersection of the easterly sideline of Main Street arith the southerly
sideline of Railroad Street, and proceeding thence:
1. 864°08'19'E atlistmce a382.57'along said southerly sideline a RaiWet Street to a point,
thence
2. 3 88° 22'3 V E a distance of 220.14along said southerly sideline to a point an curve on the
westerly sideline of lands reorienting to the Maine Cmtml Railroad Co., its successors, bears anal
assigns, insane
3. Along acurve to the right having a radius a 1475.00' a distance of 166.22', the same having
chord bearing and r iste ace of 43.36' 58" W and 166.14', along send westerly sideline to a point of
tangency, Nonce
4. S46°50'40'W adistance of 520.81' atilt along same W a pant acarvatam,thence
5. Along a curve to the left having a isflus of 1405.00 a distance a640. 12' still along aeons to
point a compound curvature, thence
6. Along a curve to the left having a mdfus of 1495.00'adistance a 497.33' still along same to
point of tarrgncy, thence
7. S OP 40'49- W a dista¢e of 708.27'still along same to a point of curvature, thence
8. Hong a curve to the right having a radius of 2375.00'adistanea a 396.11' still along same to
point a tangency, thence
9. S 1P 14' 11" W a distance a 212.20' wall along same W a point of curvature, thence
10. thong a curve to the right having a radius of33IBM' a distance of 781.60', the same having
acrd bearing and diafance of S IB° OO 04" W and 779.78', sell along eame to a point on curve on Be
northerly rideNw a Interstate Rte. 395, thence
11. Along a curve W the right having a radios of 2764.79'a distance of 87.99, the acme having
chord hearing aid distance of N 65° 25' 06" W said 87.98, along said northerly sideline to a pant on
tangent on the noMmstay sideline of the Main Street wt ramp horn said Interstate Rte. 395
northbound, thence
12. N 32° 53' 27" W a distance of 66.00' along said rich ramp W a point, thence
13. N57°22'14"Waeistaace of 144.00'sdH along souse to send along the face of a concrete wall toff
point, thence
14. N 19° 09' 29'W a distance of 111.89 still along send seat ramp to a pant, Nonce
15. N00°50'40'E a distencc of76.65' still along same to a point, thence
16. N20°50'40"E ad susrsc of 105.29'still along same to a pant, thence
17. N40°50'40"E a chargers of78.88' sti0 along same to a point on curve, thence
18. Along a curve to the left having a redius of 300.00' a distance a 28.00, the same having a choM
bearing and distance of N O6° 12' 1Y' E acid 27.99', still elorng estate W an iron pin aid point on teagent
on the southerly sideline of lends now or formerly of Lafayette Bangor, Inc. as conveyed to it by dem of
Conon, Lan. detect December 1, 1995 and recordeC at the Penobscot County Registry of Deeds, Book
6003, page WI, thence
19. N 65" 10' 11' E a distance of 280.40' alone east southerly sideline W an iron pin, thence
20. N 33° 23' 11' E a distance of 319.59' still along said southerly sideline and continuing along Ne
easterly terminus of Batten Street and continuing atill along the easterly sideline alaMs now or
formerly of Erin, Inc. as conveyed to it by da3i of Stinky E. Macmillan dated March 2, 1989 and
recorded at the Pmobxot County Registry a Deeds, Book 4402, Page 079 to a point, Nonce
21. N W° 45' 40' E a distance a 294.10'still along said southerly sideline a Erin, Inc. and
continuing along the easterly terminus a Emerson Street and containing stili along the easterly vdenne
of lands now or formerly of Bangor Metals, Inc, as conveyed to it by dosed atharriers E. Dreana dated
March 30, 1979 and recorded at the Penobsoa County Registry of Deeds, Soak 2963, Page 127, to a
point, thence
22. N 33.02' 40" E a distance of 39.32' still along said easterly satellite a6angor Metals, Inc. to a
point, thence
23. N 07° P3' 3s" E a distance of 30.20' still along same W a pant on the southerly sideline of Buck
Berea, if a denaea, thence
24. N 56° 57' 20" W a distance of 23.06 along seal s atherly aideline, Jcatenated, to a pant on the
easterly entrance a Buck Street, thence
25. N01 -4t) or4-81
sitletim of Buck Street, thence
26. N 560 57' 20" W a distance of 14.90' along said southerly sideline n a point on the easterly
sideline of lands now or t erly of Erin, Inc. as conveyed n it by deed of Dorothy H. Tutus datM March
7, 1990 and recorded at the Penobscot County Registry M Deeds, Book 4621, Page 032, thence
27. N 33.02' 40'E a distance of 24.44'slong said easterly sideline to a point, thence
28. NOl'40'49'E a distance of 368.1V etiti along same and continuing along the easterly sideline
of lands now or for nrity of L Is C Corporation as conveyed to it by deed of the Newport Comlany tinted
November 8, 1985 and recorded at the Penobscot County Registry of Deetls, book 3746, Page 129 end
continuing still along the easterly terminus of I.inebn Street and comminuting atria along the sunnily
side0rre of lands now or thirstily of Neal N. Carter as conveyed W him by deed of l<mme Davis
Mahemmsl dated January 15, 1987 said recorded at the Penobscot County Registry of Deeds, Book
3963, Page 56, m a point, thence
29. N 56.46'29'W a distance of 156.94' along the rear lot fire: of mid Leans Davis Mohammed and
continuing along rhe rear lou line of lands mw or glassily of Bangor Itinerary Four Club as conveyed to it
by deed of Unkind Pmnroshl Church dated January 13, 1978 and reco:detl at Be Penobscot County
Registry of Deeds, Bork 2828, Page 117 to a µint an the rear lot los of lends now orf erly ofTexaeo,
Inc. as conveyed in it by deed of Statewide Stations, Inc date November 20, 1981 and recordetl at the
Penobscot County Regishy of Deeds, Book 3283, Page 63, thence
30. N 20' 34' Off E a distance of 221.04' along said rear lot line of Texaco, Inc. aid continuing along
lands mow or formerly of Eugene L. Richardson as conveyed to Ido by dced of New England Equipment
Rental, Inc. dared Deceeaber 24, 1987 and matched at the Pembsxt County Registry of Deeds, Book
4161, Page 030 to a µint, thence
31. N57'S8'00'W adishnce a45.50'still along lands or said Eugene L. Rchardamn to a point on
the rear lot line of lands now or instantly of Dewey B. Gosselin and Loraine M. Gosselin as converted to
them by d¢tl of Robert E. Cort dated April 24, 1987 arta recmeled at the Penobscot County Registry of
Deeds, Book 4007, Page 114, Hence
32. N 20' 34' 00' E a distance of 123.00' along eeitl rear lot Ins of Drwey B. Gosselin end Lorraine
M. Gosaa'n and continuing along the rear lot tine of IetWs most or formality aDeveey B. Cosnenn 0 and
Lorraine M. Gosselin m mnveyetl W them by deed of James W. Vardamis and Judith L. Verdantly dated
1988 and recorded at rise Penobscot County Registry or Deeds, Book 4260, Page 166 to a point, thence
33. N 57' S8' 00' W a distance or 44.38'still along lands of said Dewey B. Gosselin II and Lorreine
M. (easelfin to a point, thence
M. N20'34'01 -Ea distance of 101. 16' still along same to a point, thence
35. N 69' 26' 00' W a distance of SSM' still along acres to a point an the oforeevd easterly ®dello
of Main Street, thence
M. N 20' 34' W E a distance of 1482.06' along said easterly sideline aMaia Street to the point and
place of beginning;
maintaining an arca of 16.347 acres, more or lees.
E 2 - Between the Rnihud ROW and the Pemobseet Rive r
Beginning at an iron pin at the point of intersection of the southerly sideline of lands now or
t erly of Barrett Paving Materials,Inc. as conveyed to it by deed of Allied Chemical Corporation dated
December 12, 1979 and recorded at the Penobscot County Registry of Deeds, book W,17, Page 12, with
the high water mark of the Penobscot River, and proceeding chance:
1. S 22' 19' 46'W a distance of 357.79slang said high water mark W a point, thence
2. S17040'S6-W a distance a382.50' still along sane to a µint on curve an Inc northerly
sideline of Interstate Roue 395, thence
3. Along a more to Inc right having a ranging of 2764.79'a distance of 135.10', the same having
chord hearing and distance of N 68' 45' 59" W and 135.09', along and easterly sideline w a µint on
curve m the southerly sit elirse of lands remaining to the Maine Commit Rairoad Company, its
successirs, heirs and assigns, thence
4. Along a curve to the raft having a radius of 3360.00' a distance of 791.99', the same having a
chord bearing rad discount of N 17' 69' 21" E and 790.16', along said southerly sideline W a point a
tangency, thence
S. Nit -14'1F Ea diNance of 212.20'slill along deme to a point of curvature, thence
6. Along a coves the left having a renua of 2425.00'a distance of 404.45' still along same ma
Want of tangency, thence
7. NOl'40'49"E adietmce mf708.27'still Hong same to a point of curvature, theme
U. along a curvet9 rhe right Worag a minus or I44a.VV a msmnce of WW,09slut Wong same to a 04-81
point Of compound curva[utt, thence
9. Along a curve to the right having a radius a 1355.00' a distance of 617.34' still along some to a
point of tangenry, thence
10. N 46° 50' 40" E a distance WE 520.81' still along some 0 a point acurvature, thence
11. Nang a curveto the left having a rediva of 1525.00' a distance of 211.60', the Worse havinga
chord bearing and distance of 42° 52' 10' E and 211.43', still along same or a point on content on the
southerly sdehre, of Railroad Street, thence
12. S 88° 22' 31" E a distance d2.3F along said southerly sideline of RaJrvad Street to a point on
the uoaterly sideline alands now or form ry of coal Energy of Maine, Inc. as conveyed to it by deed of
Deed (liver Company dated February 6, 1980 and rtwrded at the Penobscot County Registry of Deeds,
Book 3058, Pegg 249, thence
13. 318° 32' 44'E a distance of 18.03' along said lends of Coal Etergy of Maine, Inc. to a ii int,
Wince
14. 3 4V 4V45 E a distance of 50.46'still slang same to a point, thence
15. 3 32° 4l' OV W a distance of 260.00' Wtil1 along eeme to a point, thence
16. 3 54° 09' 59" E a distance of 44.52' atill along same In a point on the afineaWd high water mark
of the Penobscot river, Kase
17. 3 41° 5054- W a distance a 116.44' along sad high water mark to a point, thence
18. N45°23'00'Wadistance of 25.58'm0l along same to a point, thence
19. 3 45° 23' 05' W a distance of 126.35 still along same to a point, thence
20. 8 39° 20 40' W a distance of 92.55' Will along same to a point, thence
21. 8 48° 16 47' W a distance of 96.12' mill along some m a point, thou
22. 8 42° 56' 45' W a distance of 108.57' Will along same to a Suint, thence
23. 8 36° 42' 31' W a distance a93.65' WIR along save to a point, thence
24. 8 22° 41' 31' W a distance a90.7V Will along same to a point, thence
25. S21°1T 03'W aeistonce a 103.76' Will along same to a point, thence
26. S IT 28' 44' W a distance a98.25'still along sane to a point, thence
27. 8 O6° 16' 26' W a distance a99.42' aNE along same to a point, thence
28. S 19° 58' 3T W a distance a 110.80' still Wang same t0 a point, thence
29. 3 29° 15' 42' W a distance of 100.04' at0 along same to a point, thence
30. 3 2R° 2r 47' W a distance a 105.08' still Wong some to a point, thence
31. 3 15° 26' 33' W a distass> of 94.60' WSW Wong same to a point, thence
N. 812° %' 12" W a dimence of 91.13' mil Wong same t0 a pain; then"
33. 3 10° IS' 34' W a distance of 196.56 Will Wing same to e point, thence
34. 8 09° 24' 26' W a distance a 298.19' Will Wong same m a point, thence
35. 8 03° 33' 16' W a distance a 113.49' Will Wong same to a point, thence
M. 8 21° 40 54' E a distance of 133.73' still along same to an iron pin on the northerly sideline of
the aforesaid lands of Barrett Paving Matacials, Inc., thence
37. N 84° 00' 25' W a distance a99.00' Wmrg said landW a Bmrett Paving Materiels, Irm. to a point,
thence
38. N 43' 54' 25" W a distance d 28.58' Will Wong same to a point, thence
39. 3 03.34' 35" W a i iMance WE612.67' Will Wong same to a Point, thence
40. S73 50'2T EaWatance a62.64'WWI Wong same to the iron pin mrd place a beginning: -
containing an arca WE 12.476 acres, more or ons.
(2)
Location
Tax bap
- Lot
I Penobscot Comity
I Registry of Deeds
I Property
I Owner
41 loi road Street, Bangor
43.40
Bk 6248, Pg 324
Qty e(
excluding reswadon of
Bk 9259, Pg 119
Bangor
Mature Central Railroad
-of-way)
0 Railroad Street, Bangor
43 - 40A
Bk 7010, Pg 30
City of
Ban m
(3) Damages are hereby awarded to the persona named below in the amounts
indicated, as just compensation for all interests in the property acquired
pursuant to this Order,
Name Interest Damage
Amount
All other residual interests $1.00
(4) The City Solicitor or Assistant City Solicitor is hereby directed to effect
service of this Resolution of Condemnation on all persons listed above,
and to take all other actions that may be required under 30-A M.R.SA. §
5204(l), upon completions of which this Resolution of Condemnation shall
be submitted to the City Council, acting as the legislative Body of the City
of Bangor, for final approval.
In CITY MMUL
February 23. 20
Passed
naPVPe��
RRR0 1YR
(TITLE,) Resolution of condamnclm of
Property Located vitblu the Peoboecot
Rioerfrout Redevelopment Plan Area
Assigned to Councilor