HomeMy WebLinkAbout2005-03-14 05-98 ORDERCOUNCIL
Item No. 05-98
Date: 3-14-05
Item/Subject Order, Autlwrivng Ore City Manager to Execute a Development Agreement and Quitclaim
Deed to 47 Market Street to We Estate of Ann Mary Chesnes
Responsible Department: Legal
On December 20, 2009, the City took possesson of the property and Wilding located at 47 Market Street for
unpaid taxes totaling approximately $6,M. The City was recently centacted by Ms. Chearl heir, Barbara
Wallace, who has been appointed as a Special Administrator for her mothers estate. She now seeks m
redeem the property to convey to a developer. The attached quitclaim deed and development agreement
will return the property to the estateand provide for the property's rehabilRaOon by the developer in realm
for payment of the tax arrearages plus other City costs.
The France Committee recommended that the Council approve this Order at Its March 7, 2005, meeting
Department Head
Manager's Comments:
Recommend approval. 171
CCityy Manager
Associated Information: Deed; Development Agreement
Finance Director
Introduced for
-X- Paseage
_First Reading Page_Of_
Referral
05-98
Aaigned to Councilor lteable March 16, 2005
o; N_ CITY OF BANGOR
(T E.) ORDER, Authoriang the City Manager to Execute a Development Agreement and
QuHclaim Deed to 97 Mallet Street to the Estate of Ann Mary Chip nes.
ORDERED, THAT
Edward A. Barrell, City Manager, is hereby authorized to execute a quitclaim deed to the
estate of Ann Mary Chomps for property located! at 97 Market Street, hangar, upon payment of all tax
arrears and City costs, and execution of a Development Agreement with Ann Mary Chesnes's heir and a
developer to be approved by Daniel M. Wallington, Code Enforcement Officer, to ensure the proper
renovation of the structure located at 97 Market Street The forms of both documents dull be approved
by the City Soldier or ARIstant Ory Soli iter.
# asps
0EDeE
(THLE,) Anthorizine the city wDar to
Develop t ftreeoent and Qultclaf Deed to 47 Mrket
Street to the eetate of Am Mev Cheaaea
Msignen to c untuot TMnnAK 4
MUNICIPAL OUITCLAIM DEED
The CITY OF BANGOR, a municipal corporation located in Penobscot County, Maine, as
Gramm, for consideration paid, releases to the urate of ANN MARY CHESNES, formerly of
Bangor, Penobscot County, Maine, as Gurnee, a lot or parcel of land, situated in the City of Bangor,
Penobscot County, Maine, more particularly described as follows:
A certain lot or parcel of land now or formerly known as 47 Market Street, Bangor,
Maine, Bangor Tax Assessor's Map 40, Lot 67, and descnbed in a Cz tifrcats of
Entry dated December 20, 2004, and recorded in the Penobscot County Registry of
Deeds, Book 9652, Page 131, and described in a deed recorded in the Penobscot
County Registry of Deeds, Book 1686, Page 55.
The said CITY OF BANGOR has caused this instrument m be sealed with its corporate seal,
and signed in its corporate name by Edward A. Barred, City Manager, Hereunto duly authorised, His
day of March, 2005,
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF: CITY OF BANGOR
Witness By: Edward A. Barred
Its: City Manager
STATE OF MAINE
PENOBSCOT, ss. kktah 105
Then personally appeared the above-named EDWARD A. BARRETT, City Manager,
and acknowledged the foregoing instrument to be his flee out and deed in his said capacity, and He
Gee act and deed of said body corporate.
Before me,
Printed Name:
DEVELOPMENT AGREEMENT
This Agreement is made and entered into as of March _, 2005, by and
between the CITU OF BANGOR (hereinafter 'City), a municipal corporation
located in Bangor, County of Penobscot, State of Maine, and BARBARA A.
WALLACE (hereinafter "Ms. Wallace', of Bangor, Maine, and
(hereinafter "Developer').
WITNESSETH
WHEREAS, the City acquired the property located at 47 Market Street
(hereinafter "the Parcel") by reason of foreclosure on lax liens assessed against
Ann Mary Chesnes; and
WHEREAS, Ann Mary Chesnea's heir, Barbara A. Wallace, seeks W redeem
the Parcel for the purpose of 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 list and sell said Parcel; and
WHEREAS, the City supports rehabilitation of the Parcel, thereby making
it safe for the neighborhood, increasing housing available in the City, and
returning the property to taxable status;
NOW THEREFORE, IN CONSIDERATION of the mutual promises and
covenants contained in this Agreement, the City, Ms. Wallace, and Developeragree
as follows:
1. Ms. Wallace shall pay to the City the sum of
the amount
of tax arrearages and costs owed to the City by And 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 W Ms. Wallace the sum of
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 shall be substantially completed within
one (1) year from the execution of this Agreement.
6. Developer agrees that development of the Project shall be in
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 and plans submitted on
2005, which have been reviewed and
approved by the City of Bangor Code Enforcement Officer.
8. Developer agrees that any duly authorized representative of the
City shall, at all reasonable times, have access to 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 he 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, Maine 04401
If to Ms. Wallace: Barbara A. Wallace
P.O. Box 1116
Bangor, ME 04402-1116
If to Developer:
Or such other person and/or address as may be identified in writing
by the parties.
10. Except 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, m accordance with 14 MRSA § 751.
WITNESS WHEREOF this Agreement has been executed, sealed and
delivered in duplicate counterparts as of the day and year first above written.
Barbara A. Wallace
Witness Printed Name:
Witness By: Edward A. Barrett
Its: City Manager