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HomeMy WebLinkAbout2005-03-28 05-116 ORDERItem No. ns-jifi Date: March 28, 2005 Item/Subject Order, Authorizing Disposition of Vacant City Lantl Located Between Third Street, Vine Street, Fifth Street, and Carroll Street Responsible Department: Engineering As the Council is aware, Habitat for Humanity has expressed an Interest in vacant City land located within the block bounded by Third Street, Vine Street, Fifth Street, and Carroll Street. The City Engineer has been working with Habitat and adjacent property owners to develop a plan for disposition of the vacant City land to mem both Habitat's request and needs of the adjacent property owners. This plan was discussed at length at the March 22n° meeting of the Transportation and 1Mrastmcture Committee. The attached Council Order authorizes disposition of the vacant City land in accordance with the plan and recommendations reviewed by the Transportation and Infrastructure Committee, which recommends approval. James D. Rina. P.E. Deparhnent Head Manager's ommeats: �Az,u..w.4 uueu® n b.uayy."t*-yryr,Or.dau Lfs. CO Manager Associated Information: Order, Local Project Agreement Budget Approval: Finance Director City Solicitor First Reading paw _of_ Referral 05-116 Assigood to Councilor Gratvick Mareb 28. 2005 CITY OF BANGOR not (TITLE.) Order, Authorizing Disposition of Vacant City Land Located Between Third Street, Vine Streeq Fifth Street, and Carroll Street 6y the O'ey Council of me pry ofAngora ORDERED, WHEREAS, the City of Bangor owns approximately 2.1 cares of vacant land within the block bounded by Third Street, Vine Street, Fifth Street, and Carroll Street consisting of an unnamed paper street and lots 105, 106, 113A, and 117A, and WHEREAS, there Is no public need or reason for the City of Bangor to retain ownership of said vacant land, and WHEREAS, Habitat for Humanity has requested that the City donate a portion of said vacant land to construct up to two new homes, and WHEREAS, the City of Bangor has previously donated parcels of land to Habitat for Humanity, resulting in the construction of affordable new homes for several qualifying families, and WHEREAS, abutting property overs rs have expressed an interest in obtaining remaining vacant Qty land that Is trot utilized by Habitat for Humanity; NOW THEREFORE, BE 1T ORDERED, That the City Manager is hereby authorized and directed to take the necessary steps to dispose of said vacant City land and convey It to Habitat for Humanity and abutting property owrreis in accordance with the attached plan prepared by the City Engineeror as subsequently modified and agreed to by the affected parties; and, BE TT FURTHER ORDERED, That conveyances be made to the various parties at no cost; and IN CITT WdNCIL March 28. 2005 lotion Made aed Seconded for passage �w cL y 05-116 (TITe v.el..t CSry Land Located MetYeen Third Street, vine scram xvtn c Street 05-116 The CITF OF BANGOR, a municipal corporation located is Penobscot County, Maine, as Grantor, for consideration paid, releases to HABITAT FOR H00HANITT OF GREATER BANGOR, a non-profit corporation with an office located at 61 Main Street, Suite 75, Bangor, Penobscot County, Maine, as Grantee, 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 situated on Use southerly side of Fifth Street, so called, in Bangor, Penobscot County, Maine. Beginning at a point On the southerly side tine of said street that is on a July 2005 magnetic beating of N 54026'58'E and 109.58' distant firm ife intersection of the southerly side tine of Fifty Street with the easterly side line of Vine Street, so called. Said point also marks the north easterly coma of lot 8 as shown on a plan of house lots for George Savage dated October 24, 1864 and recorded m plan . book 2, page 46A ache Fenobsat Registry of Deeds. Thence N 54°2658' E aung Ne southerly side of Fifth Street for 75.415 Thence S 36.03' WE for 102.84'; Thence S 45.4890"E for 61.39' -Thence S 54° 7116'W for 85.95'w the eauUreasterly-corna Of T ee aboard on said plan; Thence N 36.00' 1V W along the northeasterly sidelines of lots 7 and 8 for 163.25' to the point of begitming. The above-described parcel contains 12,636 square feet. Subject to a 10' wide landscape easement benefiting the property known as 55 Vines Street, Bangor, Bangor Tax Assessor's map 24, lot 95, now or formerly owned by Paula F. & Cornelius A. Noddin, for all purposes ass=ated with the care and mamienance of improvements within said 10' wide strip including but not limited to the are and maintenance of fences, bushes, shrubs, plantings, and the maintenance of slopes, the moxdng of grass, and for a drainage outlet with associated drainage for a pool. Said easement is more particularly described as follows: beginning at the above-mentioned northeasterly corner of lot 8; Thence N 54° 6'58'E for 10.00; Thence S 36.0014B for 100,00'w the southeasterly line of the above described parcel Thence S 54°2796°W for 10.00' to the southeasterly comer of 7 as shown on said plan; Thence N 36.00' 14-W along the northeasterly sidelines of lots 7 and 8 for 100.00, re the point of beginning.. The above-described landscape easement contains 1,000 square feet. Also subject W a We estem in favor of Errol H. Marden for all purposes associated vnm gardening over the following described parcel of land; Beginning at me southwesterly comer of the above-desmbed parcel, being Ake the southeasterly comer of lot 7 as shown on said plan. Thence N 36°00' 14' along the norcemmurly aide line of said lot 7 for 63.25'; Thence N 54° 7WE for 50.00; Thence S 3VOO'I4 E for 63.25' W the southeasterly line of the above- desm'bed parcel; "Thence S 54°27'06" along the southeasterly line of the above-described parcel for 50.00'to the point of beginning. The above-described gamemng easement contains 3,163 square feet. The above-described parcel is a portion of those premises conveyed by John E. Nelson and James B. Perlin¢, Receivers of the Augusta Tmst Company to the qty of Bangor by deed dated may 18, 1939 and recorded in book 1148, page 111. - - - - Courses used in this description are based upon a boundary survey by AMES - A/E during July 2005. The said CIN OF BANGOR has caused this instrument to be sealed with its corporate sent, and signed in its corporatenameby DEBORAH A. CYR, Finance Director, thereunto duly authorized, this l day of October, 2005. SIGNED, SEALED AND DELNERED TH PRESENCE OF: C= OF BANGOR, ens By: DeborehT A. Gyr Its: Finance Director 2 - 05-116 WA PENOBSCOT, se. October -U-, 2005 Then personally appeared the above-named DEBORAH A. CYR, Finance Director, and acknowledged the foregoing instrument to be her free act and deed in her said capatlty, and the free act and deed of said body corporate. Before me, — " (3 _ _ _ Notary Publo ARS. Printed Namd:RRI LEE COREY NOTARY PUBLIC • MAINE BY CCMMM$MN BEES NCENBEB V. N 1p MAINE REVENUE SERVICES OS-ttfi REAL ESTATE TRANSFER TAX DECLARATION TITLE 36, M.RS A. SECTICNG K¢1 -0661N PLEASE TYPE OR USE A HALL POINT PEN. FILE BOTH COPSE WITH THE COUNTY REGISTRY OF DEEDS, W NOT USE STPPLES OR TAPE AND W NOT DEballI MUNISCF� OR TOWNSM 00.147Y Bangor PenobscotNt smonywEoNln mE Etsl- .FIRST MIDDLE CRCDRPDPAreNuaEtst DmsasTxaa FFnlonERE Eft-Q-'CY1l S. sh SirDDE 61 Main Street - Bangor 04401 OR SEL 14 mEziet NAMES) i.INrtwa+CONwrure xwEtsl T!Perot 88A OR FpD I HERE.'S'. •. g�T r 41 a# s]3 EER AND bord' Lw MPGA[ Harlow Street Bangor eµ04401 M RTMMW a LOTNU n WARNING TO BYYERI Portion of Ma 24, Lot 106 NMe ai m Na¢NNad hoe Paenland. open SLe® n1Tme fimmal b¢ b®9meaW PROPERtt p GE,.asubaMn6al pamlw ahold hvelopmM abdieitim, pasmn do roomer n don. M T. DATE OF TRANSFER DAY Ge¢¢IMG MIGa59fleE 05 10 1 11 1 05 8 Taa Son be meant at the rtpletry Wern&a Smal I¢reWNab. The ba me,a 112D per E`AO. mMorm al pNBmaY, nfmn9bmum urvalue.me mamepuelHawam bmyeen meblyvsbineadb,. serewi;emmllmumw®. CONSIDERATION FAIRMARNETYALUE $ 15,000 W MCONSIDERATON E N OT 1ACTUAL PRICE PAID OR REQUIRED TO BE PAID) D.Nan.mmmepe,Uss ere hand[ M1an Ne hal ssuk tobgm Y+R peau exylan NeBAIT YWe pbW WrsuxR bTuk 34 MRSA,SeLL'on<E61L.Cmpe@onlyEGS L-✓Aerla avmenbmfuAyapartla6ymmpt ❑ GPANTEE Rmsm EXEMPTION ® GRArvroRgeam 'ri}_In'Lit xI L M wrtmwamn.um.u¢uan+wlammounp.ywew.wmereo�b¢¢uvnximemanat vtlw±ltl T'E9. PLFxE Ew W $PECDLL ld Fp � yes ® donation of ]aAd LIRLUMBTANLES it. Buyelda)mMytlollM1ay M1eye HNM1tlb Bu)¢Hs)nM ttyube]b MdUmM MMne loom, M beasuN: Maim board W team N. Fortlme qua a¢ INCOINETAX moulrttl by§ SL9W and Mil Hot IS Rema Sellar iae nuaReb as a Maine moomd WITHHELD li¢vmlw Sees, Who 3] days after Be do AvelrerM1ee hes reuMOlmm Me BMe Ta't Psu®u ©O banner.p F,,,et ma: Soonerper 35 MRSk SRUSN0. one 3-A 12. At Co penaNv do 'It had by Too 3H Socam,<631 e. SO home, Wsar oral" Nal am have eaan emnlred th, ie4vn and b to had of w Anwedge and bale( b NN (drred. and SdrWS. GRANTEER) or WM0FU2ED AGENT DATE - GMNTCR(9I wAUTHWUT HED AGENDATE OATH �-f-011 nL @P0La3klt 0 jobse K, AM Im"d=m obn K B Asst C&tx Solicitor 992-42]5 wmmNOtlasWm, PREPARER Clty O a wvv INSTRUCTIONS ON REVERSE aan OR Elba. 05-116 BE IT FURTHER ORDERED, That the Conveyance to Habitat for Humanity be subject to the following conditions: 1) A 10 foot wide landscaping easement for the purpose of establishing and maintaining vegetation shall be provided to the owner of property located at 170 Fifth Street, extending along the entire length of the southwesterly line of mid property. 2) A 10 foot wide landscaping easement for the purpose of establishing and maintaining vegetation shall be provMed to the owner of property located at 55 Vine Street, extending along the entire length of the northeasterly line of said property. 3) A 10 foot wide landscaping easement for the purpose of establishing and maintaining vegetation shall be provided to the owner of property hated at Vine Street, extending along the entire length of the northeasterly line of said property. 4) An easement shall be granted to Errol H. Marten, owner of properly located at 47 Vine Street, for continued use of an existing garden he has established and used on a portion of City property to be conveyed to Habitat for Humanity. Said easement shall terminate at such time Mr. Mardian no longer owns or resides at property at 47 Vine Street. Exact location of dimensions of garden easement to be determined by field survey. 5) Habitat for Humanity shall prwide all survey work and deed descriptions necessary for disposition of vacant City land to all parties at no cost. 6) All land not used by Habitat for Humanity for construction of new homes within 5 years of date of conveyanm bo Habitat shall be re,conveyed back to the City of Bangor. 7) Habitat for Humanity shall be responsible to maintain the Integrity and function of any drum lines or other utilities located on land to be conveyed for Habitat 8) Habitat for Humanity shall construct a drainage d" along the boundary of property lasted at 44 Carroll Street to assure proper drainage of surface runoff. The design and constnlRbn of the drainage ditch shall be subject to the approval of the City Engineer.