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HomeMy WebLinkAbout1998-02-09 98-108 ORDERCOUNCIL ACTION Item No. 98-108 Date February 9, 1998 Item/Subject: Authorizing Application to Federal Aviation Admini- stration: Release of Deed Restrictions - Maine Avenue Property Responsible Department: Legal Commentary: In 1969 the United States of America deeded airport land to the City with numerous restrictions, including a requirement that revenue from the property be dedicated to the operation of the airport. This Order would authorize the application for and acceptance Of a deed of release from the United States of America for property along Maine Avenue, releasing the City from all the restrictions including the requirement that revenue from the property be dedicated to the operation of the airport. In return the City would execute a Declaration of Covenants, Conditions and Restrictions to the benefit of the Federal Aviation Administration on another parcel of airport land. 'sl l DeparCIDent Head Managers comments:^T)t&e) City Manager Associated Information : 0 yfx, Legal Approval: Finance Director City Solicitor VU Introduced For Passage First Reading Referral Page — of M Anipmdto Cau w Leen February 9, 1998 CITY OF BANGOR (TITLE.) NYrur._Authors ng Application to 11 Fede I ra1 Aviation Administration: Release of Deed Restrictions - Maine Avenue By the City Cou*z, of Ow City of Bang": ORDERED, THAT WHEREAS, by deed from the United States of America the City acQuired title t0 land located on Maine Avenue, as more Particularly described in. Exhibit A attached hereto; and WHEREAS, said deed restricts the ability of the City to convey parcels of land to third parties to facilitate development; and WHEREAS, inreturn for the release of restrictions, including the restriction that use revenue from said land must be to meet the future needs of the Airport, the City will agree to subject a certain parcel of land more particularly described. in Exhibit B attached hereto to Federal Aviation Administration restrictions, NOW, THEREFORE, by the City Council of the City of Bangor, be it ORDERED, THAT the City Manager is hereby authorized and directed to take all necessary action to prepare an application to the Federal Aviation Administration for the release of existing restrictions on title to land on Maine Avenue, more particularly described in Exhibit A attached hereto; and be it further ORDERED, THAT the City Manager is hereby authorized and directed to take all necessary action, including the execution of all necessary documents, for the purpose of filing said application and for the purpose of accepting the release of the restrictions on land located on Maine Avenue, as more particularly described in Exhibit A attached. IN CITY COUNCIL February 9, 1998 Passed 98-108 ORDER CITY ERK Title, Authorizing Application to Federal Aviation Administration: Release Deed Restrictions - Maine A4enue................................ .............. I...... .............. ... M g ed to ...........: H................... CounciLsan 98-108 tl EXHIBIT 8 _ 4 A canum lot or parcel of land, stunted in the City of Bangor. County of Penobscot, State of Maine, bounded and demnbed as follows: Beginning at a point on the south side of Maine Avenue in the west line of a parcel oflaeA da bed in Schedule" A", Tract "A" of deed from the City of Banguar to The United States of America dated December 29, 1942 and recorded in the Perwbsed County Registry of Beads in Vol. 1205, Page 345; thence 5 34022'W, by and along the west line of said Tract "A", eight hundred twenty-five and seventy-two one hundredths (825m) feet to an angle in said line; thence N 81049'W, by and along the north line of Tract "A", seven hundred fifty-nine read sixty-seven one hundredths (759.67) had to a point; theme N 21015'38^ E sin hundred fifty-eight and eighty-fre one hundredths (658.85) fed to apoint on the south side of Maine Avenue; thence N 58033'07" E, by and along the south side of said Maine Avenue, one hundred fifty-six and eighteen one hundredths (156.18) feet to the beginning of circular curve to the right with a radius of six hundred thirty-nine and fifty-two one hundredths (639.52) fed; thence by and along said curve b the right seven hundred eighty-four and duly -one one hundredths (784.91) feet to the and of said wive; thence S 55024'49" E, by and along the south side of said Maine Avatars, one hundred eighty- one and thirty-twa am hundredths (181.32) feet to the point of beginning. The above described parcel of land is oriented to the Maine State Coordinate System, East Zone, NAD 1927, and contains sixteen and fifty-eight one hundredths (16.58) acres. The above description was prepared by Jaynes M. Cited, PLS #1129, 73 Harlow St., Bangor, More. None of &a comers us marked upon the ground.