HomeMy WebLinkAbout2001-01-08 01-90 ORDERItem No. 01-90
Date: lanuary A. 2001
Item/Subject: ORDER, Authorizing the City Manager te Execute a Purchase and Sale
Agreement for Property of Guy McChesney II and Estate of Earl M. McChesney -
New York Street (Map 3, Lots 3, 38 and 4)
Responsible Department: Legal
Commentary:
The City Council has reviewed in executive session workshops the offers of sale for property
Of the Estate of Earl M. McChesney and Guy McChesney II on New York Street, the
negotiations, and the terms of Me sale.
City staff has acted in accordance with the expressed wishes of the Council in negotiating
We purchase.
The land can be developed.
r
Managees Comments:
City Manager
Assoclated Information: Agreements
Rnance Director
/ 4�;
City Sollotor
_ Passage
_ First Reading Page 1 of 11
Referral
01-90
f Assignedm CouncilorlDauehecte ]aroaz 8, 3001
"., CITY OF BANGOR
(TITLE.) ORDER, Authorizing the City Manager to Execute a Purchase and Sale
Agreement for Property of Guy McChesney II and Estate of Earl M. McChesney
-- New York Street (Map 3, Lots 3,3B and J)
By the City Cotmcil ofohe Ch (Bangor.,
a•a r
THAT the City Manager is authorized, on behalf of the City of Bangor, to execute a Purchase
and Sale Agreement between the City of Bangor and the Estate of Earl M. McChesney, and to
execme a Purchase and Sale Agreement between the City of Bangor and Guy McChesney ll.
Copies of said Agreements are attached hereto.
IR CITY COUNCIL
January 0, 2001
Motion to Suspend the Rates to
Consider Council Order te1-90, Made
Rod Seconded
Rules Suspended
Councilor Raldacci raised the question
of conflict for himself. Council
determined an conflict for Councilor
Baldacci
Passed
( OITY MERK r
[56�
TIIIe.Buthoriafng the City Runner t
Santora a Purchase and Sale Agreenent
for PropeRy, of Cay McChesney, II and
Estate of Earl M. McChesney - New
York Street %113,1 �O 3, 3B and 6)
gne
Councilor
01-90
CONTRACT FOR SALE OF REAL ESTATE
The undersigned City of Bangor (BUYER) of 73 Hadow Street, Bangor hereby offers to
purchase from Guy M. McChemey, E (SELLER) of Portland, Maine, the rend worse with all
improvements thereon, located on New York Street, Bangor, County of Prominent, Stare of
Maine, and generally described as follows: Tax Map 3, Lass 3 and 3B consisting of 1.6 acres,
more or less, and funder described in deed from Waldron E. Sawyer to Guy H. McChesney,
dated June 30, 1971 and recorded in Penobscot County Registry of Deed Vol. 2221, Page 6,
excepting any woom eyances, said deed is attached beacon as Exhibit A.
$42,000 is the total Purchase price
$0.00 is the DEPOSIT in U.S. Dollars paid herewith and is to be applied to the purchase price at
closing.
The balance of the purchase price is to be paid in fail at closing as follows:
CASH AT CLOSING.
THE DEPOSIT IS RECEIVED AND HELD EXPRESSLY SUBJECT TO THE
FOLLOWING CONDITIONS:
1. SETTLEMENTITTTLE:It is agreed that Us transaction shall be closed and the Buyers)
shall pay Bre balance duc and exceute all papers necessary fm the completion of the pumbase on
or before 4:30 P.M. January 30,2001, urdws otherwise agreed to, in venting, by both parties. A
ve smusty dad conveying good and merchantable tide, Gee and clear of ell encumbrances, except
normal public utilities, building and zoning restrictions of record, and restrictive covenams of
record shall be delivered to the Buyer or nominee at closing.
If the Seller shall be unable to convey or deliver possession in membrane with the provisions of
this Contract, or make the premises conform with the provisions hereunder, then the Seller shell
have a reasonable time period, not to exceed 30 days to cure any tide defect, unless otherwise
agreed by both parties in writing. The Seller hereby agrees muse diligent effort to care any
such the defect during such period or make the premises conform, whichever applies.
2. SETTLEMENT COSTS. Buyer shall pay for the pr
erman of the dad, declaration of
value and continuation ell
ofmy existing abstract of title. Sshall pay for the preparation and
recording fees for the removal of my meumbravcd against the property.
The Seder shall pay its share of the State of Maine Transfer Tax.
The following imus shell be prorated as of the data of closing:
A. FY2001 Real Estate Taxes Based on tax year from July 1, 2000 to June 30, 2001)
3. POSSESSION: Seller shall deliver to Buyer possession of said Premises immediately upon
former, flee of wants and occupanb, and without incurring rent or fns. The premises shall
be then in subsmotia0y the same condition as m present Buyer shall have the option to inspect
thepropenyprimtoclosing. The riskofloss ordm
aage to saidpremisesun6l closingisupon
the Sella.
3. DEFAULT: If the Buyer fails to make any payments or to Perform any of the agreements on
Its pert made or entered into, this Contmet shah, at the Worst of the Sella be termma el, and the
Buyer shall forfeit said earner money deposit
4. INSPECTIONS: The Purchaser(s)is encouragedto seek information from professionals
regarding my specific issue or concern The Seller makes no warranties regarding the
cendidom permitted use or value of the Seller(s) reel or perennial property.
S. OTHER CONDITIONS:
THIS CONTRACT is binding upon the parties hereto, and thein resppeective heirs, personal
representatives, successors and assigns. If"a CONTRACT is act fWly understood, parties
should consult an ATTORNEY. This Contract constitutes the entire ageement between the
paries hello, there are no promises or verbalimdasavdiugs not clearly specified in it. The use
of the singular includes the plural and the use of my gender includes the other.
BY THEIR SIGNATURES HERETO RECEIPT OF A COPY OF THIS CONTRACT IS
ACRNOWIEDGED BY AIL PARTBiS.
Buyer, having inspecatedi the property and its appurtenances, hereby off and agrees to purchase
the property at the price and upon the terms and conditions set forth.
Oared this day, of 2001 at Bangor, Maine.
CITYOF BANGOR
Witness Edward A. Barrett
City Manager
The Seller hereby accepts the offer and agrees In deliver the property at the price and upon the
Warms and conditions stated above.
Signed this day of W01
Witness Guy M. McChesney, B
.++ uixsRTd RALSE uw OFFICE 01—N Mno
'EIMrQSt A{ ®Rd
KNOWAIy MQI BYIHESE PRESEryTS, TI1wT1,GUY II, MCCaeaaY B
Pwtlw0. Cumbalmd CmmyEmu olMmc io mvideMw of Orc IALLv IE I. W) evd
u W v roluaWe mosi]mliom pii y Ciq d' BauD%, a body W Un , of 73 Hmlom Soar
Ranaor
.0ouoryolPmabsa9muofM+impap0l.lbcagcigyymgfiahuebyacknov.
led8ed, dob=oy
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sutteaeorsacd aaugns fortvea. µa(olioa'ieg descdw iN cmm:
Sa E%IIIBl1'A 11
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SIGNED, SEALED AND DEGVE
MPEESFNCEOF
Guy N. Mctbemey--
MOBS FMAA'E
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Dmmbei ,SWO
PamnallY aPPeesMWe abounnamed Gy H, McCpMM 11 Awl Owl
od6ed
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w au.w tat 0425574 RAL56 WP OFFICE
OI -90 ®a7
EXHIBIT A
A certain lot or parcel of land, with the buildings thereon, situate in Beagoa
Penobscot County, Main, bounded and described ca follows, viz
Beginning a agrmire alone standing m the southwesterly line of land for-
merly of Nathan Hadlock about twenty-five (25) rods wee[ of Webster Avenue;
chance south fifty (50) degrees, thirty (30) minutes west thirty-fivc (35) rods to
a grey stone set in the ground in the northeasterly side ofNew York Street;
thmce north forty-two (42) degrees wes5 thirteen (13) ends and eighteen (1S)
links to a stake and stones in the northerly line ofsaid strand; thence math
fifty (50) degrees, 0drty (30) minutes east, thirty-five (35) rods to a stake and
stones in the southwesterly line of said Hadlock land; thence south forty-two
(42) degrees eawm said Bne to the place ofbegwning.
EXCEPTING AND RESERVING the pace] conveyed by Heny J. Muthas to
Kennel H. Camick and Josephine A. Carrick, by deed dared October 5, 1964,
recorded in the Penobscot County Registry of Deeds, Volume 1973, Page 64,
to which reference may be had fo amore particular descsipfion of the premises
hereby excepted and reserved.
ALSO, another lot or Pmeel ofland showed in Bangor, bounded and des_
cribed"follows: Beginning at apoint in the mad weaaly line of the land of
Waldron E. Sawyer, now or fonn"lY, men hundred (200) feet, northeasterly of
a stone sal in the Found, said some: being in the geaemBY northeasterly side-
line ofNew York Street at the generally northwesterly caner of Ind conveyed
0 Waldron E. Sawyer by deed of Henry I. Mullins, dared October g, 1964, and
recorded in the Penobscot Registry of Deeds, in Volume 1973, Page 64; thence
northeasterly along the said northwesterly line of Waldron E. Sawyer, duee
hundred and eighty (380) feet, more a has, to the generally southwewerlY line
of the Silver Road lots, so-called; thence southeacready along said Silver Road
10%, eighty (80) feet to the sou0eaaterly coma of Waldron E. Sawyer land;
thence southwesterly along the generally eouthenaerly line of Wxldmn E.
Sawyer three hundred and eighty (380) feet, more or less, lo a point two hun-
dred (200) feet mrtheasorly of the southwesterly coma of Waldron E. Sawyer
land; theme rurthweaerly, generally Parallel with said New York Sneer side-
line, eighty (RD) ket, more or less, to the point of begriming
Being the same premises conveyed to Guy H. McChesney (also he, as Guy
Hugh McChesney) by deed dated June 30,1971, Vol. 2221, Page 6, Penobscot
Registry of Deeds.
Guy Hugh McChesney died intestate and Guy H. McChesney, B was appointed
Personal Representative, Docket 1198-33-2, Penobscot County Proband Cotta. By
Ord" ofPmobmm County Probate Cour, Guy H. McChesney, 11 was found to
be sole heir and =6 tied to the above-described property by Fillings of Fact and
Opinion dated April 15,1999, Vol. 7022, Page 91, Penobsca Registry of Deeds.
01-90
CONTRACT FOR SALE OF REAL ESTATE
The undersigned City of Bangor (BUYER) of 73 Harlow Street, Bangor hereby offers to
purchase f ran May L. Creech, Persand Representative of the Estate of Earl M. McChesmy
(SELLER) of Bangor, the real estate with all improvements thereon, located a 57-59 New York
Street, Reagan, County of Penobscot, State of Maine, and generally described as follows: a
portionden W.
3,Lot4consisd: of4.2acres,moreorless,andfurtherdescribedindeed
from Elden W. Robinson to Erol M. McChesney and Mania O. McChesney, dated September 11,
1946 and recorded in Penobscot County Registry of Dad Vol. 1250, Page 355, excepting my
outconveys acce and including an easement from Seller to Buyer, said dad avached hereto as
Exldbh A.
$142,000 is the toll purchase Price
$0.00 is ted DEPOSIT m U.S. Dollars paid herewith and is to be applied to the purchase price at
closing.
The balance of the purchases price is to be paid in fail m closing as follows:
CASH AT CLOSING.
THE DEPOSIT IS RECEIVED AND HELD EXPRESSLY SUBJECT TO TIME
FOLLOWING CONDITIONS:
1. SETTLEMENTITITLE: It is agreed that trans transaction shall be closed and the Buyer(s)
shall pay use balance due and axeeme all papers necessary for the completion of the purchase on
m before 4:30 P.M. January 30,2001, unless otherwise agreed to, in writing, by both paves. A
warranty deed conveying good and merchantable tile, free and clear of all emumbsances, except
normal ppuublic utilities, building and zmdng restrictions of record, and restrictive coverts of
record shell be delivered m the Buyer or nominre ar closing.
Ifthe Seller shall be unable to convey or deliver possession in accordance with than provisions of
tnls Contract, m make the preanises cmfoun with the provisions hereunder, tionthe Seller shall
have areasonable time period, not to exceed 30 days to cure any title defect, unless otherwise
agreed by both panics inwriting. The Seller hereby agrees to nae diigant efforts In cure my
such fide defect during such period or make the premises couffirun, whichever applies.
2. SETTLEMENT COSTS. Buyer shall pay far the preparation of the dad, declaration of
value and communion of any existing abstract of tide. Seller shell pay for the preparation and
recording fees for the removal of any encumbrances against the property.
The Seller shall pay its share of the State of Maine Transfer Test.
The following items strep be prorated as of the date of closing:
A. m00I Real Estate Toccoa (Based on tax year from July 1, 2000 to June 30,2001)
3. POSSESSION: Seller shall deliver to Buyer possession of said premises immediately upon
cossf,five of all tenams and occupersts, and without incurring rent or fees. The premises shall
be then m subset dallythe same condition as at present Buyershall have the option to inspect
theptoofty prior to closing. T dskoflossmdamagewsaidpremisesunulclosmgisupon
the Self
el el r.
3. DEFAULT: Ifthe Buyerfailstomakemsypaymemsormperformarsyoftheagreementson
Lis partmade or eraered ban, this Contract shall, at the option ofthe Seller bemmarmcd, and the
Buyer shall forfeit said earaestmoney deposit
01-90
0. INSPECTIONS: The Purehaser s) is encouraged to seek information from professionals
regarding any specific issue or concern. The Seller makes no warranties regarding the
condifion, permitted use or value of the Seller(s) real or personal property.
5. OTHER CONDITIONS:
THIS CONTRACT is binding upon the parties hereto, and thein respective heirs, personal
representatives, successors and assigns. If this CONTRACT is not fully understood, parties
should consult an ATTORNEY. This Contract constitutes the entire agreanem between the
parties berm, them are an promises or verbal understandings not clearly specified in it. The use
of the singular includes the plural mid the use of any gender includes the order.
BY THEIR SIGNATTIRES HERETO RECEIPT OF A COPY OF TEES CONTRACT IS
ACKNOWLEDGED BY ALL PARTIES.
Buyer, having inspected the property and its appurmonces, hereby offers and agces to purchase
the property at the price and upon the terms and conditions set forth.
Dated Us day of 20019 Bangor, Maine
CICYOF BANGOR
Witness Edward A. Barrett
City Manager
The Seller hereby accepts the offer and agrees to deliver the property at the price and upon the
terns and conditions stated above.
Signed this day of 2001
Witness Way, L.
Personal Representative of
Estate of Earl McChesney
•ua as vara WALES LAW OEFICE 01-90
®oz
EXH1QST A
DEEOOFSALFavo _ _ -
fIFC AM, F
May L. Creech, ofSalioL Courcy or Solin, State ofKaasat, duly sppoimed Pnso-
an"Presentative of the Estane of Earl M McChesney, deceased (testate), AS shown by
the Probate Records of Penobscot Countypenon, Maine, *99-226, and having given ounce to each
Priori to the saline m an neerest in the real proPettY described below At leen ten (10) days
consideration by the Power conferred by the Probate Cod, and every older p
o
w
e
r.for
paid grant to City of Bangor, a body politic, of 73 Haalow Street, Bangor,
County of Penobscot, State ofbfaine 04401, the reel PoOParty in Bmgor, Penobscot County,
State of Maine, described as follows:
See Exhibit A.
""ESS MY hand sod seal thusT�
�/ day ofDecanber, 2000.
WITNESS:
i
each, P rsoal Reptesemauve
oFEul M. McChem
STATE OF KANSAS
SALINE, as. a - s
.z000
Than Personally appeared the above-named May L- Creech in her capacity A, Per-
sonal RepreseNative ofdu Fstaze of Earl M. McChemey, and acbnovedged the foregoing
imhumeet to be her Bee act anddeed.
Before me,
kNPubl'c Myrna Janet Bet
p00 15:02 Fa 0425574 F'ALSH LAN OFFICE 01-90 003
A certain lot or parcel of land shade in Burger, in County of PembsCot, Seem of Maine,
with the buildings thereon, bounded and described as follows, to wit: Commencing =rhe
motherly side of said New York Street and on the Somberly or southeasterly line of land
now or formerly of Andrew Constantine; thence nmoiva on said New York Street easterly
one hundred forty feet to a stake; thence northerly at right angles one hundred and four
feet m a stoke; theme westerly m right angles one hundred forty feet in land mw or for-
merly of said Constantine; thence southerly by said Covstavdne's land m the point begun
At. Being the same premises conveyed in Eugene W. Robinson by Sherman G. Staples, by
deed dated April 18th,1910, and recorded in Pembacm Registry of Deeds, Vol. 909, Page
500. Also one other piece or parcel ofland titrated in Hearns, togetherwithtivebuildings
thereon, on New York Street, entombing show four and ono -half acres, and being the same
promises Conveyed to Samuel T. Pierce by Harrah Pierce by her deed dated January 22nd,
1894, and recorded in Penobscot Registry of Deeds, Vol. 639, Page 139, reference t0 wbid
deed in be had for a lur4ber description of said premises. Being LOW Same premisescon-
veyed t0 Sherman G. Staples by John H. Ambmea by dead deed May 13th, INS, and re-
corded in said Registry of Deeds, VOL 783, Page 411. Meaning and imend'wg to convey
all and the same Premises Conveyed by Vim10. Robinsom, et als, by deed dated June 11,
1927, and recorded in Penobscot County Registry of Deeds, Vol. 1010, Page 245.
Being the same premises wnveyed by Elden W. Robinson to Earl M. McChesney and
Marie O. McChesney as joint unions by deed dated September 11, 1946, Vol.1250, Page
355, Penobscot Registry of Neds.
Marie O. McChesmy died 2 -IS -99. Earl M. McChemey died Testate on 4-1-99 withthe
Will allowed in Penobscot County Probst: Cour, Docket X99-226, with Certificate and Ab
stract recorded in Vol. 7028, Page 140, Penobscot Registry of Deeds.
There is conveyed an Casement to the City of Bergin, its successors an, assigns, over Lot
%231 per Combs Plan, C.E., made for Fairmount Realty Association, Plan Book 9, Page
37, described to wit
Beginning on the southwest side of the Silver Road at the so seazt corner of Lot 0231 as
shown on a plan of Fairmount recorded in the Penobscot County Registry ofDe ds in Plan
Book 8, Page 37 and the oWMast caner of a parcel of land described in a deed from Fair-
mount Realty Association m Earl M. McChesney and Marie 0. McChesney dated Septem-
ber 17, 1946 and recorded in the Penobscot County Registry of Deeds in Vol. 1250, Page
456; said Southeast center being the same as the northeast course of parcel of laud des-
cribed in a deed from Reginald H. Williams and Padim L. WBiams m Cecil A. W ma -
house and Blanche N. Whitehouse dared November 19,1954 and recorded iso the Penobscot
County Registry of Deeds in Vol. 1458, Page 43; thence southwesterly, by and along the
.000 15;03 FAX 9925JI4 WALSH LAW OFFICE 01-90
®oa
Southerly line of said Lot #231, one hundred fifty (I Sol feel, more or less, to the .ve n line
of said Lot 9231 and the northeasonly Use of parcel of land described in a dad from
Elden W. Robinson to Ead M. McChesney and Marie O. McChesney dated September 11
1946 and retarded in the Petobscot County Regishy of Deeds in Vol. 1250, Page 355;
thence rwMwesterly, by and along said west line of Lot #231, wartyfeel, th
y (20) ence
northeasterly, parallel to the first mentioned bound, one hundred filly (150) feet, more or
IM, to the Silva Road; thence southeasterl,. by and along the Silver Road, twemy (20)
feet ba the point of beginning.
The easement herein granted shall consist ofthe fight to enter onto the above-described
easement area and onto adjacent land of the Grmtor at all reasonable times with personnel,
vehicles and equipment for the purpose Of excavating for, installing, replacing, maintaining
and using within the easement Scat underground atilitres ant appurkmn, ahucnne5 thereto.
The Cinnabar agrees, for its successors and assigns that no trees, shrubs or permanent svue-
tureswill be pinned orcoxcn u ed within tea(l0)feet from the centerline of the easement
as described above, but grander otherwise reserves the uta and enjoyment of their
property.
The City of Bangor, by acceptance and recording to this Easement Deed Had of the rights
and privileges bereby conveyed, Agrees that after each entry upon said premises for the
aforesaid purposes, it will pmmptlY restore the surface of said premises an the same con-
dition as prior to such entry.