Loading...
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: 74c&r Introduced for ,,,/ /L passage Co961 _ Find Reading Page _ of _ Ralerml 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 - Pase(T /' OHO88 S[4eettr�.ine of ieLml . et by 3tnevf Oominf�� AmignM to Councilor e4lir