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
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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)
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3NUMBER AND STREET EItt OR TOWN
STALE AND ZIP CODE
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(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) -
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Map R34, Lot 22A
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CONSIDERATION
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►$ 3,298 00 coxsmEPAnox F$3,111 °°
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9. EXPLAIN BASIS FOR EXEMPnON (Channel wait transfer Is chained N be fully or Manuel xwort pumeew NO M. R.SA,
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EXEMPTION
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SPECIAL
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CIRCUMSTANCES
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INCOME TAX
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ORAMEES on AITHOREED AGENT
DATE
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PREPARER
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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 ��