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Home My WebLink About2004-11-22 05-27 ORDERCouncil Actlpn Date11-22-M I" No. 05-27 Item/Subject ORDER, Directing the City Manager to take poseessbn o(47 Mar et Sfreet- abandoned building with matured tax liens RespoviMe Deparbne re Cade Ddmcernent Cammentarn The property at 47 Market Street has been abanconed by its owner, Mary Ann Chesnes. The Wilding was last occupied In Mardi of 2000. It has been vandalized and taken over by vagrants. In September 2004 the Ory seroretl the structure and discovered tax liens have matured. All attempts to bcate the owner have been urauccesdul. Affer taking Ix*aession, staff will evaluate the builtling to see R rehabilitaton or derrmlibon is appropriate. Ebefence gathered to date Indicates the property is in poor ceMNon. D Mpo,wmHead This has been reviewed and Is r nnrnerded by Transigorbalmon and Infrastructure. t9ov Cin, Ma wgB Ano adatid Information: Budget Appmval: avaD cane—r2 Legal Approval: GRy k/Nr Introduced For % passage _ FirstReading Referral 05-27 November 22. 2004 ejv;"•Assigned to Councilor (bricori k CITY OF BANGOR (TITLE.) Order, Directing the City Manager W Take Action Relative to a Property t.acated at 47 Market Street WHEREAS, the structure located at 47 Markel Street is in poor condition: and WHEREAS, the owner of record, Mary Ann Chesices, cannot be located, and the building has been vacant since at least March, 2000; and WHEREAS, the City has secured the structure against entry by vagants and children; and WHEREAS, in its current condition, the property constitutes a threat to the public health and welfare; and WHEREAS, tax liens, levied by the City of Bangor, have matured, NOW, THEREFORE, BE IT ORDERED BY THE CIT" COUNCIL OF THE CITY OF BANGOR THAT the City Manager take possession of the property located at 47 Market Street and undertake the necessary steps to insure that it is secured. Further, staff shall evaluate the building and make a recommendation to the Transportation and Infrastructure Committee on whether the struculure should be demolished or rehabilitated IN CITY COUNCIL November 22. 2006 Motion Made and Seconded for Passage Pas d IYY CLNN[ # 05-2] T TL�1 rnareacing the City manager to T AAiE Property Located at Market street 1 Assigned to CouQncilloor 6 C Y'"�.clna� COPY W PBCEPAL ODPE'CLAEM DEED The CITY OF BANGOR a municipal corpomrion located in Penobscot County, Maine, as Grantor,£ consideration paid, releases toBarbara A. Wallace, duty appointed and actingpersonaf represesnanve of the ESTATE OF ANN MARY C FSNES, deceased (intestate), of Bangor, as Grantee, a lot m, parcel of land, situated in the City of Bandar, Penobscot County, Maine, more particularly descoibed ss follows: Ade solot or parcel ofland 9mared in the CityofBangr, Pewbsmr Coamy, Maine blown as 47 Market Slreel Banpar Tax Assessors Map 40, Int 67, described in a C nificate w Boarsook dated DecPope 131, aan0dasibe. ndewnbood incomaled ' a deed rewrdedv a Penobscot Cmntnty& BBook 9652, 131, >u®atry ofDeds, Book 1686, Page 55. The said Cfl'Y OF BANGOR loss causN oris uumnnent to be odd vidh its wopCope seed, and aigod mad corporate benne by EDWARD A. BARRETT, City Maruger, thereoom duly authorizd, this IfL_dayof Sts �aa,.,6v 2005. _ SIGNED, SEALED AND DELIVERED CIN OF BANGOR M TM PRESENCE OF. Witness By: Edward A.Banett Its: CiTy Managr STATE OF MAME PENOBSCOT, ss. See+a�wrc _tC 2005 Thur pssovally append floe abowna d MWARD A BARRETT, OtY Manager, add admowldged the fotdgaidg instrument to be his fide act and dedm his said capacity, and the free act and deed of said body corporate. . Before au, ' a>.ar,ey-a�-gym P= C: SGK0 PAMC[ ,csa. IAINE REVENUE SERVICES MAL ESTATE TRANSFER 'AX DECLARATION TLE 36. MRe A SECTIONS a W t- 434114 - gSE TYPE OR USE A BALL POINT PEN. FILE BDn1 COPIES ITM THE COUNTY REGISTRY OF DEEDS. DO NOT USE MILES OR TAPE AN D DO Net DETACMI NMICTAUTYGROWNSHp Is CDUNtt BanEoic Penobscot 10-eCVBmexu; IRLG151xr LSEawLY) Ipsxnir: AMes)- sr.FlRsr.MlprnsaRCDRPpxnre m EMEASBR am REDO RE 4 a?�L.—_ 007-03-550] Wal ixMMe I Barbara. �y / / x Orr ORTGAN apOraE S/Lf _MSER"Ealr �"Eaa! U/x Zl'a .ZDi//Ca ,y.Np VY YO/ RgNTOR SERE nRmrn.wMBm- IASTflutlumAL orlwRPowTENMEIs) TERaxaR rrnmxRnE Sangoxa 'City -of - NV ERMDSTRFkT OPFURTO NBT p}EpNDpPCAOE 73 Harlow Street Bangor ME 04401 1aTAxMAIL NUMBERNO To SU YEaI Map 40 Lot 6] NMe pea iyle5lW m as Fanare, Ope, spate orTrMe PROPERTYSdammummi fifoui penairy wle m agpxe by M0 AY vE0R Oevebpmvil, woeFsuM1 paaNm or Manpa In me �>. DAIEOFIRgXBFE0. [] O's ® WICIam w 09 20 OS B. Tax wA m mlxM at Ne rmktry muse, MeaeM is lommust The AS Am uj2TD Ila P mop aIxname sen Mee, xmreMHmfim nrvJUe.TreoxkpoWvaMOalaNman MebBver.IMlne lata. sea�a,aaelaimfmrnm,. ADMIDERA¶ON FMRMM TVALUEa 32.440 6.525 "NCTUALPRICEPAIOO.RREQUREDTOBEPNO) 9 If we or mare pares are Mvanpt 0 Me Noy nese immum by, Somme exte nIM bask Tor evanpllm pursuant m Tire A. INRSA,BeoSen 464 TC. emeporm only 11 Has Somme is Amides b be bay or paa ly ewmpt ❑GRAWFE Revco EXEMPTION 12 GRANTOR Pogm�O�e_YNpCntal BRCC ___________ 10mmcermM .+Isssv OFYEs. Ewnlxl PLEME SPECIAL o NO El YES IRCUMSTgNCE3 It BUv S)cetl ftlVrevnamvrllbbeltl 3 Buvab uiWaN xa rm) ma myiM Mare lnme box befeas : Wlre momekx or Ne purcnave P(va so INCOMETA% roesmae by ii US" fast as ream to Wee O same ha@WMai as a Maine reaemt WITHMELO museum Somme xilbin 30 map mor AN of O Aasever Mae been Somme mom Me Bmle Tax Assavw Bansb. ® fnoAama4n for Me property is los Men MI 0 Fmclwuse Hao: etyma per 36 Week P EEA, sub 3A 12.Awre of mfoam tlulweAweexM1evnMfIMk rdum as ofkM Ey The36,Bvbvnm, amwMe1Mmom AUTHOR¢are eelaltar.A I we auto f Waraim ampNN. compete OATH AM g/UT�N�ORQED AGEM DAM s GRANTOR $� P DALE /G�RAHIEEIS)/o�r John K. Heiner 9/ 6/05 .ay re PREPARED �rCitY of EaRgowJ3._Hasl4 "" �t � avg .'id-1ve_87m DEVELOPMENT AGREEMENT This Agreement is made and entered into as of September PO, 2005, by and between the CITY OF BANGOR (hereinafter °City ), a municipal corporation located in Bangor, County of Penobscot, State of Maine, and BARBARA A. WAI.WCE in her capacity as personal representative of the estate of Ann Mary Chesnes (hereinafter Ms. Wallace', of Bangor, Maine, and BDtBERLY PAIGE, of Bangor,. Maine (hereinafter -Developer-). WBNESSEIH WHEREAS, the City acquired the property located at 47 Market Street (hereinafter "the Parcer) by reason of foreclosure on tax liens assessed against Ann Mary Chesnes; and WHEREAS, Ann Mary Chesncs's hen, Barbara A. Wallace, seeks to redeem .... ....the Parcel for the purposeof selling it to Developer for rehabilitation; and WHEREAS, Ms. Wallace has been authorized by the Penobscot County Probate Court, Docket No. 88-656-1, to fist and sell said Parcel; and WHEREAS, the City supports rehabilitation of the Parcel, thereby mekingit safe for the neighborhood, increasing housing available in the City, and returning the property to taxable status; NOW THEREFORE, IN CONSMERATION of the mutual promises and covenants contained in this Agreement, the City, Ms. Wallace, and Developer agree as follows: 1. Ms. Wallace shall pay to the City the sum of SIX THOUSAND FIVE HUNDRED TWENTY-FIVE DOLLARS ($6,525.00), the amimia of tax arrearages and costs owed to the City by Ann Mary Chesnes's estate on the Parcel. 2. The City shall issue a quitclaim deed to Ms. Wallace for the Parcel. 3. Developer shall pay to.Ms. Wallace the sum of TWENTY THOUSAND DOLLARS ($20,000.00). 4. Ms. Wallace shall convey the Parcel to Developer. 5. Subject to the provisions of this Agreement, the Developer agrees to rehabilitate 47 Market Street into a single family house. Construction sball be substantially completed within one (1( year from the execution of this Agreement provided, however, that the City shall grant reasonable extensions for good cause. 6. Developer agrees that development of the project shall he m accordance with all applicable Federal, State, and City laws, ordinances and building codes. 7. Developer agrees the scope of the work shall conform in all material respects to the specifications contained in Exhibit A, a copy of which is attached hereto. Modifications to this plan may be made with prior written approval from the,Code Enforcement Officer. 8. Developer agrees that any duly authorized representative of the City shall, at all reasonable times, have access m any portion of the project until its completion and a permanent Occupancy Permit for the Project has been issued by the City. 9. Any notice which either party desires or is required to give to the other in connection with this Agreement shall be in writing and shall be sent Postage prepaid, certified mail, return receipt requested, as follows: If to City: Daniel M. Wellington, Code Enforcement Officer City of Bangor 73 Harlow Street Bangor, ME 04401 if to Ms. Wallace: Barbara A. Wallace P.O. Box 1116 Bangor, ME 04402-1116 If to Developer: Kimberly Paige 40 Market Street Bangor, ME 04401 Or such other person and/or address as may be identified in writing by the parties. 10. F cept as provided in this Agreement, until substantial completion of the Project, Developer shall not assign its rights under this Agreement without the prior written consent of City, which consent shall not be unreasonably withheld, delayed or conditioned. 11. it is intended by the parties that this Agreement shall operate as contract under seal, in accordance with 14 MRSA § 751. VMMESS WHEREOF this Agreement has been executed, sealed and delivered in duplicate counterparts as of the day and year fast above written. 1 bnra A. Wallace, personal representative of the estate of Atm Che as yp e F'i�/lE7J �a/ar /oy� a 4& � 05-27 CERTIFICATE OF EMRY I, Daniel M. Wellington, of the City of Bangor, County of Penobscot and State of Maine, first being duly swum, depose and say as follows: 1. I am currently employed as the Code Enforcement Officer for the City of Bangor. 2. On December 20,2004, in the presence of the following witnesses: George Craig, Housing Inspector and resident of Bangor, Maine, and Brenda Wells, Emlronmental Health Inspector and a residerht of Bangor, Maine, at the.direcdon of the City Council of the City of Bangor and Dango/s City Manager, and on the Cty of Bangor's behalf, I made entry onto the premises located at 47 Market Street In Bangor, ME, further described in a warranty dead recorded in Book 1686, Page 55 Penobscot Registry of Deeds, and posted a copy of the attached notice and a copy of the Council Order 3. My entry at the time and date stated above was unopposed. WITNESS my hand and seal this 20th day of December, 2004. We, the undersigned witnesses, hereby CerOfy that we personally observed the entry of Daniel M. Wellington onto the premises located at 47 Market Street, Bangor, ME at the data, time and in the manner described above. WITNESS our hands and seals this 20th day of December, Georgeoeorge Ca� Ekenda Bilotta Housing Inspector Environmental Health Inspector STATE OF MAINE PENOBSCOT, ss. December 20, 2004 Then personally appeared the above-named Daniel M. Wellington, George Craig, and Brenda Bilotta, each and severally, and first being duly sworn, made oath that the matters recites in the foregoing CerOfiwte of Entry am 1 within their personal) knowledge and are true. �Aa15 �l Notary Public Printed Name: 5ussn M. yYl��chcl�