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HomeMy WebLinkAbout2000-04-24 00-171 RESOLVE24 Item No. 00-171 Date: April 4B, 2000 Item/Subject Resolve, Resolution of Condemnation of Property Located at 24 Harlow Street (Paramount Building) Responsible Department: Community and Economic Development Commentary: ITeGtyacquvW tax tllkto Me Paramount building on Har ew Btreet in December 1998 as a result ofmadured tax ]ionic mW tookpwsenlon ofWcproperry on Decaoba30,1998 by resume of Council order 9851. Thus Resolve will affiance embroideries action necessary to clew one an Oe property, grew al lowing redevelopment oflhepmpertyto proceed. After the Council a eats this resolution, the City is required to serve are owners, mortgage holders and others with claims against the property us listed in the Resolution. The Council thin moat approve the socialist at tM next meeting following service of all the owners. WiNin three months of the approval, Ne City will need W file the Resolution at the Registry of Deeds and Superior Court. 1Te court may, inindiscrttion, decide to take evidmw W determine whether the City is giving due cooperation. Ager the resolution has been filed, Oe owners must again be mond notice. once thin second white hes hear effaNated, the City will have foe simple title. Thtoagh this procedure, title could be cleared an early as the and of May. Department Head Manager's Comlrrents: While the City has taken possession of the property due W a tax foreclosure, some issues remain surrounding potential remaining interests of prior parties associatetl with the incpeM. Unresolved, this issues will make it difficult or impossible for this property to be redeveloped due to reluctance on the part of lenders to be involved in properties where any this questions remain. I recommend your approval of this approach to clearing the title. City Manager Associated Information: Order Budget Approval: /J p RkBO Finance Director E�� Introguced for Passage _ First Reading Page_ of Referral Avaigned to Councilor Palmer April 26, 2000 W CITY OF BANGOR (TITLE.) Resolve, Resolution of Condemnation of Property Located at 24 Harlow Street (Paramount Building). 6y Me O'ty Ci gi of tlJe CRY of89ngor PENXI/ED WHEREAS, Title 30-A§ 5203(3) authorizes Maine municipalities to Require regi estate located in designated slum or blighted areas for puryosu of demolition or repair, or redevelopment, pursuant m a duly adopted Community Development Program, by purebase or eminent domain; and WHEREAS, The Paramount Buildin& so-called, located At 24 Harlow Street, Bangor, Maine, and further described in Book 5830, Page 205, Penobscot Registry ofDuJs, is located within the "Downtown Revitalization Program Area", a "slum or blighted area" designatad by me Bangor City Council in council Order 92-239, As amended, passed October 13,1982; and WHEREAS, The Paramount Building is currently vacant, and has remained largely vacant for more men ten years; and WHEREAS, Despite City enforcement prate¢dings, the Paramount Building bas been continuously in violation of exterior maintenance requirements under the City of Bangor's Bangor Center Revitaliretion Area Ordinance, Chapter 71 of the Cade of to City of Harper for mow Had ten years; and WHEREAS, The Paramount Building in its pwsent common, exercises a blighting influence over the entire Dowrr eiRm Revitalization Area and is in need of rehabilitation, rcpniq and redevelopmenq and WHEREat, The City of Bangor acquiredtar title to the Paramount Building in December 1998 by virtue of the' muntary foreclosure of unpaid matured tax liens for fiscal year 1997; and WHEREAS, The City took possession of me Paramount Building on December 30,1998 pursuant to the City's rights as title holder and pursuant to Council Order 98-51 passed December 28,1998; and WHEREns, Certain persons with interests in the Paramount Building retained their interests therein because may were not notified of the tax foreclosure by me City and were given the opportunity to, but did not, pay the outstanding texas by March 1999; and WHEREAS, The City has authorized me exectution, in Commit Order 99-270, datW July 26, 1999, of a Development Agreement with Medical Care Development and the Stanton Company for me rehabilitation and redevelopment of the Paramount Building into a paining and social center and eleven apartments for low-income persons with mortal health or mental recordation disabilities; and WHEREAS, The Medical Care Development project requires mature City confirm its tax title; alk WHEREAS, William marketable life, the City will lose its present opportunity to rehabilitate and redevelop the Paramount Building; and WHERWS, The loss of the present opportunity to rehabilitate and redevelop the Paromoant Building will likely result in the condemnation of Me building as a dangerous boiling and a nuisance, pursuarR to slate law; and WHEREAS, The proposed redevelopment of the Paramount Building is pursuant to and in furtherance of the City of Bangor Community Development Downtown Revitalization Program duly adem d and approved by the Bangor City Council on October 13, 1982 by Council Order 82-239, As amended; and WHEREAS, The City Council of Me Cay of Bangor, as municipal officers pursuant to 30-A M.R.S.A. § 5204(1), has determined Me crown ofjust compensation m be awarded for the City's acquisition to the residual canteens of me former owners in and to the Paramount Building; and WHEREAS, This Resolution of Condemnation is adopted by the City Council of the City of Bangor, acting as municipal officers pursuant to 30-A MR. S.A. § 5204(1); Now, THERERURE, By Me City Council of the City of Bangor be It ]R3 SVLVEU AS FOLIAVVS (1) The Paramount Building, so-called, located A 24 fhulow Sl awk Bangor, as harder described in Book 5830, Page 205, Penobscot Registry of Deeds and "Schedule A" attached hereto is hereby condemned and acquired in f simple absolute by the City of Bangor pursuant m 30-A M.R S.A. § 5204 and Me City ofBangoYs duly adapted Community Development Downtown Revitalization Program; (2) Damages are hereby awarded to Me persons named below in Me amounts indicated, as just compensation Be all interni in the property acquired pursuantto this Order; Name Interest Damage Amount Marsh Island Development Company/ John former has owner $1.00 Moon R.E. Gellewon Oil Company execution lien holder $1.00 ML Hope Associates mortgage lien holder $1.00 United Bank lien holder $1.00 Fleet Bank lien bolder $1.00 All others $1 00 (3) The City Solicitor or Assistant City Schcitor is hereby slowed to effect service of this Resolution of Condemnation on all persons listed above, and Is take all other actions that may be required under 30-A M.R.S.A. § 5204(1), upon completions of which this Resolution of Condemnation Mall be submitted m the City Council, acting as Me Legislative Body of the Cay of Bangor, for final approval. IN Cru COUNCIL April 26. 2000 Notion for Passage Made and Seconded Passed ctJcieeg , . 00-1]1 RESOLVE TICK Resolution of Condensation of Property Located at 26 Harlow Street (Par asuat Building) Assigned to PL� Couowar 2%,. 0, Schedule A A terpin lot or parcel of land, together with all improvements thereon, situated in Bangor, Penobscot County, More, on the westerly or southerly side of Harlow Street and more particularly described as follows: Beginning at an iron spike on the westerly line of said Harlow Street, said spike being on the southerly line of the Paul R. Barker lot, so-called; thence southwesterly on the line of said Barker lot eighty-seven and thirty-seven hundredths (67.37) feet to art iron bolt standing at an angle in said southerly line of said Barker lot; theace southwesterly on said southerly line of said Barker lot, as the same inns, twenty-seven and ninety-six bumhedths (27.96) feet to an iron bolt at the northerly or northeasterly comer of land formerly of Hollis Bowman aM later of Hwy A. Wood and his devisees; thence southerly on the easterly line of the said Bowman or Wood land, thirty (30) feet to the northwesterly comer of land of Elizabeth Clarkheirs (now, or formerly), a large pole atone time having been erected at said comer; thence much fifty-nine (59) degrees thirty-nine (39) minutes east on the northerly line of lots on State Street (now or formerly owned by one Clark and the other by Strickland formerly owned by Knowles) twenty-six and seventy-eight hundredths (26.78) fast to an iron bolt at an angle in said line; fluence north sixty-one (61) degrees twenty-six (26) minutes east on the northerly line of land formerly owned by Knowles, thirty- seven and forty-two hundredths (37.42) feet to a second iron bolt at the northeast comer of said Knowles lot; thence in a northeasterly direction in a line parallel with the southerly line of the that mentioned Barker lot to a point thirty (30) feet southerly from the point of beginning on the westerly side of said Harlow Street; thence northwesterly along the westerly side of said Harlow Street to the point of beginning; together with all rights of the Grantor in, but subject also to the provisions of, the following: (1) an agreement between Eaatem Trust and Banking Company and Bangor Real Estate Company, dead September 15, 1911, recorded in Penobscot County Registry of Deeds in Book 824, Page 279; (2) an agreement between Bangor Real Estate Company and Thomas p, MCAloon, dated October 27, 1921, and recorded in said Registry of Deeds in Book 945, Page 91.