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.