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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 gnq® , pagan, y8 and nan =10 0c and City ofWnga, ii, sutteaeorsacd aaugns fortvea. µa(olioa'ieg descdw iN cmm: Sa E%IIIBl1'A 11 TO HAVEAND TO IIOLD We yoaeyaud aW bm8aimtl'a ina avillt al We pd�ilaya and opµnemous gveo(b qe satl CITY o! Rnyos. iia IDuyyrs aid asiyms (ottune. AM1do rovnynl W W ilia acid Genn an mafiumid ,at lwlaw(ullr raved In 6 oflbepaniza. NUWryou Sueyalagapaacv. Wall Mvc pwq ngry�mlgla I wnrp' ¢c ume m lFe mid Gmve m Anid u afnaaaK W not I and my nov A& an ^'ill WAM1NANIAND OFpWpWeymeu Weaay G�mun, imauewammanil azagm fn'°v+S eSaml We lawfW Wtims and dem .fwlpnmu. Df WFM£SE WHEI(EGF.4 WesnW Gur N.MaCpaley.11.m Gmim�. Aare lmcwa sn my and wl qix dry ofCnc in We Wa.ofomLntllwoWou- mol SIGNED, SEALED AND DEGVE MPEESFNCEOF Guy N. Mctbemey-- MOBS FMAA'E PGNODSCGT. as. Dmmbei ,SWO PamnallY aPPeesMWe abounnamed Gy H, McCpMM 11 Awl Owl od6ed � YmaSom6 inmwnW bYhu fiaanaMhtd Hcf m< NomryPUE��— iypndNmedMo—� 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.