November 07, 2024
BANGOR DAILY NEWS (BANGOR, MAINE

CITY OF BANGOR RESOLVE, Resolution of Condemnation for Property Located within the Area Adjoining Main Street, a tract owned by the Masonic Temple Association, Development Parcel P-6, and a Way Formerly Known as Hodsdon Street By the City Council of the City of Bangor: RESOLVED, WHEREAS, pursuant to its duly adopted Community Development Program, the City deems it to be in the public interest to convey the property described on Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the City has previously acquired title to all or most of the privately-held interests of third parties in the property; and WHEREAS, the City wishes to acquire all remaining interests, if any, of any third party in the property, NOW, THEREFORE, By the City Council of the City of Bangor: RESOLVED, THAT the City of Bangor acquire by eminent domain, pursuant to its duly adopted Community Development Program, and 30-A M.R.S.A. 5204, any and all residual

or fee interests owned by the persons set forth in Exhibit B attached hereto and incorporated herein by reference, and all persons known and unknown claiming under the aforesaid persons or any of them and owners unknown or their heirs, devisees, legal representatives, successors, assigns, grantees, trustees in bankruptcy, receivers, disseizors, creditors, lienors, and any and all other persons unascertained or not, being or unknown, in or out of the State, and all other persons whomsoever who claim or may claim any right, title, interest or estate, legal or equitable, in the described land, real estate, building, or any other interest in the described premises: See Exhibit A Excluded from this taking is any interest in said Parcel conveyed to Mt. Desert Associates, a Maine partnership, d/b/a/ “Downtown Development Group”, by Municipal Quitclaim Deed dated August 25, 1989, recorded in the Penobscot Registry of Deeds in Volume 4510, Page 350. BE IT FURTHER RESOLVED, THAT inasmuch as the interests acquired herein are those remaining after prior acquisitions of the City, the amount of damages constituting just compensation for the acquisition of the entire fee simple interest in the above-described property is $1.00, except as to a 16′ x 20.16′ piece of the described parcel located to the rear of the former Dora C. Broder lot adjacent to the Masonic Temple Association property, not previously acquired by the City, title to which is unknown; for which the sum of $327.00 is awarded as damages constituting just compensation for the acquisition of the described price. STATEMENT OF FACT: 30-A M.R.S.A. 5204 authorizes municipalities to acquire by

eminent domain property, or interests therein, in designated slum or blighted areas. In order to exercise this power, the Bangor City Council must first adopt a `’Resolution of Condemnation” to be served upon the property owner(s). After service is completed and a public hearing advertised and held, the Resolution is resubmitted to the City Council for its approval or disapproval. Condemnees who receive personal notice then have three months in which to appeal the City’s taking; condemnees who do not receive personal notice have twelve months in which to appeal the City’s taking. The purpose of this eminent domain action is to acquire any private interests outstanding in the premises after previous acquisitions by the City of Bangor. The purpose of the present acquisition is to clear title to a small piece of the “B-4″ redevelopment parcel which was not included when this parcel was originally acquired by the City. The piece affected is a 16′ x 20.16′ piece of one of the original losts in the area, legal title to which is unclear, based on a search of records at the Penobscot County Registry. IN CITY COUNCIL December 27, 1989 Passed A True Copy, Attest: Russell J. McKenna City Clerk Exhibit A Beginning at an iron bolt marking the intersection of the southeasterly line of Maine Street and the northeasterly line of the former Hodsdon Street, now discontinued; said iron bolt, having coordinates North 352,172.748, East 429,188.646, Maine Coordinate System, 1927, Eat Zone; Thence by and along the southeasterly line of Maine Street north 20 18′ 32″

East a distance of 101.73 feet to an iron bolt marking the northerly corner of the lot herein described and the southwest corner of property owned by the Masonic Temple Association, said corner having coordinates North 352,268.158, East 429,223.956, Maine Coordinate System, 1927, East Zone; Thence South 69 17′ 28″ East by and along the southwesterly face of the former party wall on the former division line between property of the Masonic Temple Association and property of Dora C. Broder, predecessor in title to the Grantor herein, and long the same line extended, a distance of 104.16 feet to an iron bolt on the westerly line of property described in a deed from the City of Bangor to Haymarket Associates dated August 15, 1986, recorded in Penobscot Registry of Deeds in Volume 3877, Page 199, said bolt marking the easterly corner of the lot herein conveyed, said corner having coordinates North 352,231.325, East 429,321.286, Maine Coordinate System, 1976, East zone; Thence South 20 18′ 32″ West, parallel to Main Street, by and along said westerly line of Haymarket Associates, a distance of 127.41 feet to an iron bolt on the northeasterly line of the former Hodsdon Street, said bolt marking the southeasterly corner of the lot herein conveyed, said corner having coordinates North 352,111.835, East 429,227.165, Maine Coordinate System, 1927, East Zone; Thence North 55 28′ 00″ West by and along the northeasterly line of the former Hodsdon Street, a distance of 107.45 feet to the place of beginning. Containing 11,932.5 square feet, more or less, Exhibit B Owners or Others Having an Interest in the Property F. Drummond Freese and Merchants National Bank of Bangor, Trustees under the Will of Carrie D. Cushing F. Drummond Freese individually Barbara F. Schulman Mary F. Gavan A. Langdon Freese Ruth D. Dolley and George F. Peabody, Executors under the Will of Henry Drummond Ruth D. Dolley individually Charlotte D. Meinecke Marjorie B. Drummond Elizabeth Drummond Gleason Pauline Drummond Powell Paul W. Freese Esther A. Freese William A. Freese John D. Freese Esther F. Tardy Langdon J. Freese Mildred L. Freese Gail M. Freese Andrew J. Freese Dorothy Freese Dearborn Charles E. Milan Bridget C. Milan Heirs Thomas A. Sing Janet Moy Sing Ung Gim Thun Harry T. Ung Kim C. Ung Dora C. Broder and Heirs of John B. Foster, unknown Mary Catherine Howard John McGaw Foster

RESOLVE, Resolution of Condemnation for Certain Property Located Within the Area Bounded by Newbury, York, Boyd and Hancock Streets, Including Ways Formerly Known as Gridley street, Frazier Street, and Church Lane By the City Council of the City of Bangor: ORDERED, THAT WHEREAS, pursuant to its duly adopted Community Development Program, the City of Bangor deems it to be in the public interest to convey the property described below and shown on Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the City has previously acquired title to all or most of the privately-held interests of third parties in the property; and WHEREAS, the City wishes to acquire all remaining interests, if any, of any third party in the property, NOW, THEREFORE, By the City Council of the City of Bangor: RESOLVED, THAT the City of Bangor acquire by eminent domain, pursuant to its duly adopted Community Development Program, and 30-A M.R.S.A. 5204, any and

all residual or fee interests owned by the persons set forth in Exhibit B attached hereto and incorporated herein by reference, and all persons known and unknown claiming under the aforesaid persons or any of them and owners unknown or their heirs, devisees, legal representataives, successors, assigns, grantees, trustees in bankruptcy, receivers, disseizors, creditors, kienors, and any and all other persons unascertained or not, being or unknown, or out of the State, and all other persons whomsoever who claim or may claim any right, title, interest or estate, legal or equitable, in the within described land, real estate, building or any other interest in the within described premises. The premises are more particularly described as follows: A certain lot or parcel of land situated in Bangor County of Penobscot, State of Maine, bounded and described as follows: Beginning at a 48″ no. 6 rebar set on the westerly sideline of Newbury street a distance of 200.0 feet from the intersection with the southerly sideline of York Street; thence south 66 00′ 30″ West a distance of 213.6 feet to a 48″

no. 6 rebar; thence south 10 15′ 10″ east a distance of 29.0 feet to a 48″no. 6 rebar; thencd south 61 00′ 00″ west a distance of 99.2 feet to a 48″

no. 6 rebar; thence south 70 04′ 00″ west a distance of 247.8 feet to a 48″

No. 6 rebar on the easterly sideline of Boyd Street; thence south 25 20′ 50″

east by and along the easterly sideline of Boyd Street 139.4 feet to a 48″ no. 6 rebar; thence north 71 35′ 10″ east a distance of 63.7 feet to a 48″ no. 6

rebar; thence south 18 24′ 40″ east a distance of 2.4 feet to a 48″ no. 6 rebar; thence north 71 35′ 10″ east a distance of 72.9 feet to a 48″ no. 6

rebar; thence north 13 00′ 00″ west a distance of 18.9 feet to a 48″ no. 6

rebar; thence north 72 19′ 20″ east a distance of 439.8 feet to an iron rod on the westerly sideline of Newbury Street; thence north 27 42′ 00” west by

and long the westerly sidceline of Newbury Street 204.5 feet to the point of beginning. Bearings referenced herein are based upon grid north, Maine State Coordinate System (1979), east zone. Included in this taking are the fee and any other interests of any party in the former dedicated and undedicated ways known as Gridley Street, Frazier Street, and Church Lane. BE IT FURTHER RESOLVED, THAT inasmuch as the interests acquired herein are those remaining after prior acquisitions of the City, the amount of damages constituting just compensation for the acquisition of the entire fee simple interest in the above-described property is $1.00. STATEMENT OF FACT: 30-A M.R.S.A. 5204 authorizes municipalities to acquire by

eminent domain property, or interests therein, in designated slum or blighted areas. In order to exercise this power, the Bangor City Council must first adopt a “Resolution of Condemnation” to be served upon the property owner(s). After service is completed and a public hearing advertised and held, the Resolution is resubmitted to the City Council for its approval or disapproval. Condemnees who receive personal notice than have three months in which to appeal the City’s taking; condemnees who do not receive personal notice have twelve months in which to appeal the City’s taking. The purpose of this eminent domain action is to acquire any private interests outstanding in the premises after previous acquisitions by the City of Bangor. IN CITY COUNCIL January 8, 1990 Passed A True Copy, Russell J. McKenna City Clerk

EXHIBIT “A”

EXHIBIT “B” Heirs of Moses Brown Ebenezer Adams Samuel Veazie Joseph N. Curtis John Barker John Fraser John H. Brown Mary McGrath Michael Gahagan Roman Catholic Bishop of Portland Parkway Realty Development Corporation April 21, 28, May 5


Have feedback? Want to know more? Send us ideas for follow-up stories.

comments for this post are closed

You may also like