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HomeMy WebLinkAbout2003-07-28 03-248 ORDERIIem No, 03-249 Date: Iuly 28, 2003 Item/Subject: ORDER, Authorizing the City Manager to Execute a Purchase Option Agreement with Michael Eshnaur-- Tax Map R34, Lots 22 and 22A Responsible Department: Legal This Order will authorize the City Manager to execute a Purchase Option Agreement with Michael Eshnaur for two City parcels, Tax Map U4, Lots 22 and 22A. The Agreement: will provide that the buyer has un01 September 30, 2003 to purchase Lot 22A for a price of $3,298 and until July 28, 2004 to purchase Lot 22 for a price of $3,138. If the City receives another offer far Lot 22, the buyer will have a shorter period In exercise the option to ensure that the City does not lose an opportunity, to sell the parcel. Department Head Managers COMments: These lots do not meet the dimensional requirements of our zoning ordinance for commanding a building on them. Mr. Eshnaur owns an adjacent parcel and is interested in purchasing these lots to add them to his current property. The value of the lots las been established by the Assessing Department The Business and Economic Development Committee recommends your approval City Manager Yi�1 7T:.aO t7=0.l— Budget Approval: Finance Director Introduced for X Passage First Reading Page 1 ofl Referral 03-248 Assquedto Councilor Crwley July 28, 2003 FIt, CITY OF BANGOR (nTLE.) ORDER, Authorizing the City Managerto Execute a Purchase Option Agreement with Michael Eshnaur -- Tax Map R34, Lots 22 and 22A By the 0y bund/ of fhe O'fy of Bangor. ORDERED, THAT the Gly Manager is hereby authorized and directed, on behalf of the City of Bangor, to execute a Purchase Option Agreement with Michael Eshnaur for the purchase of City property described on Tax Map R34, Lots 22 and 22A. The purchase price of Tax Map R34, Lot 22A shall be $3,298 and the purchase price of Tax Map R34, Lot 22 shall be $3,138. The option period for Tax Map R34, Lot 22A shall be through September 30, 2003 and for Tax Map R34, Lot 22 shall be through July 28, 2004, the later option period to be reduced if the City receives another offer for the parcel. The Purchase Option Agreement shall be in a form approved by the Office of the City Solicitor. m CITP COIrl July 28, 2003 Passed p 03-268 Q CLBpR 0 R O E R ITu E) Antnartzing the eaq xaae8ei to teaeeOption Agreement �th Mlcbael Entail Tax Map R36. Lots 22 aad Assigned to Councilor 03-248 MUNICIPAL QDITCLAJM DEED The CITYOFBANGORamuvicipalcozporatiovima io Baogm,Pevobswt Coovty, Maine, as Grantor, for consideration paid, releases to MICHAEL ESHNAUR and NANCY BRALEY, both ofBaugor, Penobscot County, Maine, saloon [emacs, not as temnrs in common, as Grantees, a certain lot or parcel of hand thereon, situate in the City of Bangor, Penobscot County, Maine, and more particularly described as follows, viz: Real esm[e located on Keaduskeag Avenue, City of Bangor State of Maine. Saidreal estate is described in City rewrds m Assessor's Map R34, Cot 22 -A - Sm also, description contained in deeds recorded m Penobscot County Registry of Deeds, Vol. 2864, Page 240 and Vol. 2985, Page 139. AN public rescreens or other public interests in fie described premises for roads, sewers, orothw purposes are expressly reserved.. - The said CITY OF BANGOR has caused this ivsnvmen[ to be sealed with its corpomAe seal, and signed m its corporate name by EDWARD A. BARRETT, City Manager, thereunto duly authorizedthis '?6; day of September, 2003. SIGNED, SEALED AND DELIVERED IN DHE PRESENCE OF: CITY OF BANGOR Witness _ Hy: Edward A. Barrett I�: Ciry Manager STATE OF MAINE PENOBSCOT, ss - September2003 Then personally Appeared the above-named EDWARD A. BARRETT, City Manager, And acknowledged the foregoing astronaut to be his free act and dead It his said capacity, arW Alae face act and deed of said body corporate. - Before me, NORMAN 8.8ERMANN; III N YTMYYUsema,escm-- mYepNNISNONEN%gE3JANUAPYM,NNa MAINE REVENUE FILE BOTH COPIES OF THIS FORM WITH SERVICES COUNTY REGISTRY OF DEEDS Proper Tm uMar _ DO NOT DETACH PO Box ecce P P O DA. McNe 04532 ' PLEASE READ INSTRUCTIONS ON REVERSE BEFORE COMPLETING DECLWATION RFAI FSiTATF TRANRFFR TAX nm ARAnnx Try LF be AS A R A AEOCTIONS W41 tri 4841.M .._..___....._. _.. ._... _______.._.. 1. YUNICIPPUiYOROR TOWNSHIP WUNn WONPAGE Bangor Penobscot (REGISTRY USE OILY) GR4NTEE(BUYER) 2 NEMI(V: N9MEDS) r AF[ FIRST, Nw AyAM EOENL SECURT MWERAW OR CORPORATE NMIER) AND FEDERAL IOENTFIWipN NUMBEPIS) U C /NF l µl ► 3NUMBER AND STREET EItt OR TOWN STALE AND ZIP CODE 5—RV KENous 6:Nf& Aoe I Ai OVY0I (sRPMOR(SELLEPo 4 Coll NAME(9) MST PRET Sri AND SOCIAL SECURIn NUR 8) OR WRPORl NMi PHOFEOERM.IOENTIFKAnM NUMBERS) Bangor, City of (Exempt) - ► 01 6 1000 1020 5. NIIM65R AND STREET CIN OR TOM STATEANDZIPOJOE 73 Harlow Street - ► - Eangor ME 04401 E. TAX MAP a LOT NUMBER(RApmree) - wamy M Doyen Ie Map R34, Lot 22A uaw para oN.mmssFa"nAnd , aomnXMal TuxVY Fwson, A VN foodM p -Ml DOES NOT HAVE ND( MAPS (PMge aaxehe gcgeMl PROPERTY terearraloverho ave Sunni a mrem' T DATE OFTRANSFEa MO OPv rR. Rem, usual 0 9 09 03 OAPPimlMe MNat AFpII¢axe e. Comedhieon meaning proal am"onl o'per, pal or fro§ to bepale.for real p'WeM vanoo of nm^M. Mesar received in money aromeMw aN ANSIInnIWa Me W auM.M arty ba"i per or ennumhrenue feel If a FLY Of n¢mleal¢m SlMlanon My by MAP. wn.Mderar. A Imes on As value of me pmpeTy, Wine u ave eahrolea prove Five proper would EM1g In He open rear, (tan wit he odlMed AS The OFF when to Nat A remnled The PAS use IS $2 Po Per$SM. or CONSIDERATION mnea^alpar mrl of a✓eiNranm or wine. The m M ayushe mvM.a Myrom He buyer and me selllax MpLo^^. Q b ll_ TA% E ►$ 3,298 00 coxsmEPAnox F$3,111 °° vuuE 9. EXPLAIN BASIS FOR EXEMPnON (Channel wait transfer Is chained N be fully or Manuel xwort pumeew NO M. R.SA, $§4841 C) EXEMPTION Were Ilrere pennedarcunabr[e¢ In the trrndal lath 11 t mel Fie pace Of me pmpeM more was Other mIw Nen SPECIAL 'm Fair mamat value.( sum as me Fera mal Fan "'ate awe, twimua. lin. M"to we, ematal An lrenaer CIRCUMSTANCES My "Non Nave o" Parman value P1pdSE B1r"Now" ►0 FYEES 11. o. Duyerm)r=rely ren may nave ISevere) not repmred W wllnMa Maine mmal MY hearew swirl Wine reserve 4v nom the - D cedef lure overeat as a Malrc hissi . INCOME TAX prime once as lepaled M)§52WA oa ban hem removed from ma Steps Tax Aweawn, WITHHELD and at Pana R Melon Revenue$¢reload PaineWebber tm me proper l¢Iwe to, WMe. mlhm 3D Pines after dY 0 trvuferMtthnule sal axe per $$MR DEMPA. fobs SAF 12. Aware 0 prattles as Del Mn by too SE, SMIm 4641 K the Mreey ev'aar or wham W1 we have Babb maminM N¢ nether" SM V, we bre Nbur MONeeP and poll I is Ma, wrM. Dna copra. ORAMEES on AITHOREED AGENT DATE GRAN! 9orA7PMEO AGENT DATE OATH 9� yr �, oyyian $. eicmavL L L 9/9 /0- 127 C�t $Olt itOY PREPARER terxm"a Dna edaawm o . mre prepealg m. MlmCity of Bangor 73 Harlow Street I Nine 04401 .. -. PURCHASE OPTION AGREEMENT The City of Bangor, amumcipal corporation, duty organized and existing under me hews of the Stare of Maine having a place of Isomers a 73 Harlow Street, Bangor, Maine (hereinafter OPTIONOR), for consideration paid and other monies referred to below and 10 be paid at the closing ofme purchase and sale of the premises described in Pamgmaph 1 below, hereby grants to Michael Edmour and Nancy Burley, both ofBaugor, Maine (hereinafter OPTTONEE), an option to purchase, upon the terms and conditions set forth below, the premises described in Paragraph 1 below. TERMS: This option is granted subject to the following returns and conditions: 1. Premises Subhot to Gabon: Tax Map R34, Lot 22 and for Map R34, Lot 22A 2.Option Period. This option shall no boor the date of this Option until September 30, 2003 or antil such later date as the parties may, agree for Tax Map R34, Lot 22A and from this data and July 28, 2004 or unit such later data as,the parties may agree for Tax Map R34, Lot 22. 3. Exercise of Option. The OPifONEE may exercise this option and acquire the subject property giving written notice of its intent to the so to me OPTIONOR at anytime during the optionperiod. Such notice shall be effective ifdelivered to the OPTIONOR's Coffee 9 the OPTIONOR's address stated above. Thereafter, the parties shall schedule closing m a mutually convenient dare, which may be after the expiration ofthe option period. Ifs date for closing can not be mutually agreed upon, a closing stall take place no lata man sixty (60) days born the date of delivery ofOPTTONEE's notice to OPTIONOR, or the fust business day after such date. 4. Purcbuse Price. The purchcse price fm the property subject to oris Option Agreement shall be the sum of $3,298 for Tax Map R34, Lot 22A and $3.3138 for The Map R34, Lot 22. 5. Tvoe ofConvcmnce. Conveyanceshell be by Quitclaim Dced m OPTIONOR form OPTIONEE. OPTIONOR shall preparethe necessary Deed, mbjeam approval by OPTIONEE's county. OPTIONOR shall convey tide under this paragraph to OPTIONER free and clear of all encumbrances except customary public utility eassments serving the premises, and any other easements of public record, and shall be subject to applicable zoning and land use laws and regulations. 6. Trans. OPTIONEE shall be responsible for all property !sees assessedagainst the subject premises following me closing. 7. OPTIONOR Not to C omwev or Encumber Tide. During the term of the option period; OPTIONOR shall not voluntarily convey, mortgage or otherwise encumber the option property or any portion thereof, without Omotsttd:'s prior written consent. 8. Option Bindine on OPTIONOR's b essors. The Caton granted shall be binding neon the OPTIONOR, its successors and assigns, aM shall inure to the benefit of OPTIONEE and OPTIONF.E's successors and assigns. Dated: 4 q O itcess Dated: 4 r ®.3 CRY OF BANGOR A Michael Esha aur P ��