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HomeMy WebLinkAbout1998-02-09 98-109 ORDERCOUNCIL ACTION Iran No. 96-109 Date February 9. 1998 Item/Subject: Authorizing Execution of Declaration of Conditions, Covenants and Restrictions Responsible Department: Legal 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. In 1996 the United States of America released some of the airport property from those restrictions. This Order would return a parcel of land to those restrictions in return for the United States of America releasing another parcel from the restrictions of the 1969 deed, including the requirement that the proceeds from the property be dedicated to the operation of the airport. Department Xead Manager's `Comments; TL. �� 1 E�� vleA �.�%""^'�^ City Manager Associated Information:(5,&N n.y.3l �IeuaP,'Hp.., PinancePinance D city Solicitor UL IntYOd d POY Passage First Reading Referral Page of 98-109 AmgnMta Cnaneioe Rohmau Febnunry 9, 1998 CITY OF BANGOR (TITLE.) WTSiEr, _Authorizing Execution of Declaration of Conditions, Covenants and Restrictions By the City Cweeit Of cam of Ba d- OSDMISD, THAT WHEREAS, by deed from the United States of America dated June 21, 1996, the City was released from all Federal Aviation Administration restrictions, on a parcel more particularly described in Exhibit A attached hereto, including the restriction that revenue from said property be used to meet future needs of the Airport; and WHEREAS, the City is seeking to obtain a release of all restrictions from the. Federal Aviation Administration on a certain parcel of land on Maine Avenue more particularly described in Exhibit B attached heYeto; and WHEREAS, the City Council of the City of Bangor, by adoption of this Order, determines'. that placing the parcel of land described n Exhibit A under restrictions in return for a complete release from restrictions by the Federal Aviation Administration on the parcel of land described in Exhibit B is appropriate, 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, including theexecution of all necessary documents, specifically a Declaration of Covenants, Conditions and Restrictions restoring the restrictions contained in the deed from the United States Government to the City of Bangor, dated April 28, 1969, upon the execution by the United States of America of a Deed of Release, releasing the parcel of land described in Exhibit B from restrictions including the restriction that revenue from said land must be used to meet future needs at the Airport. IN CITY COUNCIL February 9, 1998 Passed Rte( 98-109 ORDER Title, Authorizing Execution of Declarations of Conditions, Cov- enants and Restrictions .................................. A®p,ed to 7 ............................unci..... COWCILWl1 9B-109 tltl EXHIBIT A certain lot or parcel of land, situated in the City of Bangor, County of Pendescot.State of Maine, bounded and described as follows: Beginning at a point on the east line of Godfrey Boulevard S 21024'18" W five hundred three and twenty-seven one hundredths (503.27) fed from the intersection of Godfrey Boulevard and Maine Avenue and in the north he of a pence] of land descnbed in Schedule "A", Tract "A" ofa deed from the City of Bangor to The United States of America dated December 29, 1942 and recorded in the Penobscot County Registry of Dads in Vol. 1205, Page 345; thence N 81°49' W, by and along the north line of Tract "A", nine hundred s'vay-three and tlwry- seven one hundredths (963.3]) fee[ to a prim; thence S 46°00'1r E one thousand five hundred eighty-two and ninety-nine one hundredths (1582.99) feet to a point; thence N 21015'38" E nine hundred fifty and ninety -ore one hundredths (950.91) feet to the north line of said Tract "A'; thence N 81°49' W, by and along the north line of said Trac[ "A", five hundred thirty-five and forty-nine one hundredths (535.49) fed to the point of beegiming. The shove described parcel of land is oriented to the Maine State Coordinate System, Fast Zone, NAD 1927, and cornice fifteen and nindy-thee one hundredths (15.93) acres, The above description was prepared by lames M Greer, PLS #1129, n Barlow St., Bounce, Maine. None of the comers are marked upon the ground. 98-109 f EXHIBIT A certain Int or parcel of land, situated in the City ofBangm, County of Penobscot, State ofMaine, hounded and described as follows: Beginning at a point on the south aide of Maine Avarua in the went line of forced of land described in Schedule "A", Trey "A" of dad from the City of Banator to The United States of America dated December 29, 1942 and recorded in the Penobscot County Regisuy of Deeds in Vol. 1205, Page 345; thence S 34022' W, by and along the west live of said Tract "A", eight hundred twemy-five and seventy-two one hundredths (825.72) feet to an angle in said line; thence N 81°49' W, by and along the north line of Tract "A", seven hundred fifty-nine and sixty-seven one bundredtbs (759.67) feet to a point thence N 21015'38" E six hundred fifty-eight and eighty-five one hundredths (658.85) fed to a point on the south side of Maine Avenum thence N 58'33'07" E, by and along the south side of said Maine Avenue, one hundred fifty -sec and eighteen one hundredths (156.18) fed to the beginning of circular curve to the right with a radius of six hundred thirty-nine and fittydwo one hundredths (639.52) feet thence by and along said curve to the right seven hundred eighty-four and ninety-one one hundredths (78491) fed to the end of said curve; thence S 55°24'49" E, by and along the south side of said Maim Aveme, one }nmdred eighty- one and thirty-two one hundredths (181.32) fed to the point of beginning. The above described parcel of land is oriented to the Maine Stale Coordinate System, East Zone, NAD 1927, and contains sixteen and fifty-eight one hmdmdths (16.58) acres. The above description was prepared by lames M. Greer, PLS #1129, 73 Harlow SL, Bangor, Maim. None of the comers are marked upon the ground