HomeMy WebLinkAbout2005-07-25 05-249 ORDERCOUNCIL
Item No. 05-249
Date: 07-25-05
Item/Subject Order, Condemning a Portion of School Street by Eminent Domain.
Responsible Departmem: Legal
Commentary:
A portion of School Street is effectively part of the Broadway Shopping Center's perking lot. The
purpose of this ONer is to take the portion of School Street by eminent domain in orcier to clear
defective doe so that it may be discontinued without residual mmerahip issues.
The Tnmspormdon ✓$ Infrastructure Committee recommended approval at Sts July 19, 2005,
meeting.
Department Head
Mana is Comments:
Oily Manager
Assoc Mormadon:
Badger Approval:
Hnance Director
Legal Approval:
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05-269
Assigned to councilor atom July 25, 2005
Y
CITY OF BANGOR
(TITLE.) ORDER, Condemning a Portion of School Street by Eminent Domain.
By Bie Ofy Coueo! of dre Oly ofBNW.
WHEREAS, the Bangor City Council accepted a report from the City Engineer relative to
me discontinuance of a portion of School Street and ordered discontinuance of said portion of
School Street on February 14, 2000, by Council Order 00-102; and
WHEREAS, the discontinuance was requested by the owner of me Broadway Shopping
Center to accommodate an expansion of the fadlRy; and
WHEREAS, the owner of the Broadway Shopping Center recently discovered that the
discontinuance has inadvertently created an issue relative to the title of Rs property; and
WHEREAS, me title issue may be resolved by taking the parcel In question by eminent
domain, reaccepting said stree4 and discontinuing the new street subject to the reservation of
a subsurface easement for public utility use; and
WHEREAS, the owner of the Broadway Shopping Center has requested the City W
undertake mese actions; and
WHEREAS, the City directed the City Engineer to reestablish the said portion of School
Street on June 13, 2005, In Council Order 05-188; and
WHEREAS, notice 0f layout of the proposed town way was posted M Bangor City Hall,
the Bangor Pdice Departmen4 and near me site in the Hannaford Shop & Save lobby from July
8 through July 15, 2005, in accordance with 23 M.R.S.A. § 3022; -
NOW THEREFORE BE R ORDERED THAT:
1. In accordance with 23 M.R.SA. § 3023, the City Coundl of the City of Bangor hereby
finds that an exercise of eminent domain is necessary because the title to the portion of School
Street herein described is defecOve and because the reservation by the City of Bangor of a
subsurface easement for public utility use serves the public interest;
2. The My Council of me City of Bangor hereby condemns by eminent domain the
following described parcel In fee simple for the purpose of establishing a public right-of-way:
Beginning at the Intersection of the northerly line of School Street with the
easterly line of land described in a deed from Edith F. Woodman et al., to Mary
A. Lord recorded in the Penobscot County Registry of Deeds, Volume y80, Page
499; thence N 80055' E, by and along the north line of said School Street and
05-249
the action line of lot #139 as shown on a plan of "Hillside" dated Nov. 1908 and
recorded in the Penobscot County Registry of Deeds in Plan Book 9, Page ], one
hundred sib"ight and two tenths (168.2) feet W the northeast end of School
Street as shown on a plan recorded in the City Engineers Office in Plan Book 4,
Page 57; thence S ]035' W, by and along the and of School Street, fifty-two and
nine one hundredths (52.09) feet to the southeast end of School Street thence
S 80055'W, by and along the south line of School Street, one hundred didy-
eight and two tenths (168.2) feat to the northeast comer of a parcel of land
described In a deed from Philip G. Kelly to TNI Realty Co., Inc. dated! July 21,
1967 and recorded in the Penobscot County Registry of Deeds In Volume 2110,
Page 6; thence northerly fifty-two and two tenths (52.2) feet, mare or Was, to
the point of beginning.
The above described parcel of land is oriented W magnetic north (1960);
3. The City, Council of the City of Bangor has determined that the following persons have
propend interests in the parcel subject to this Omer of concentration:
A. Heirs of Edith F. Woodmay, including Dorothy Parkhurst, Patricia Aiken, Edith P.
Skinner, and Zoe Cornmos Elefthimo, or the heirs thereof, 1/3 Interest, addresses
unknown;and
B. Louis Kimbein & Sons, or Its successors in interest, 2/3 interest, address
unknown.
4. The City Council of the City of Bangor hereby determines that the value of each of the
ownership Interests listed above is ONE DOLLAR ($1.00) each; and
5. The City Manager, on behalf of the City of Bangor, is hereby authorized and directed to
serve a copy of this Omer with payment of the aboveidentifed compensation upon all listed
property owners in compliance with 23 M.R.S.A. 4 3023, and file an attested copy of this Omer
in the Penobscot County Registry of Deeds for the purposes of satisfying 23 M.R.S.A. § 3024.
NOW THEREFORE BE Tf FURTHER ORDERED THAT:
The City of Bangor hereby accepts said portion of School Street as a public right-of-way
effective on the date of filing of this Order in the Penobscot County Registry of Deeds.
I9 = I,YIOtlCII.
July 25. 2005 y 05-269 -
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AmignM to Councilor e4lir