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��
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City Manager
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city Solicitor UL
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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
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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