HomeMy WebLinkAbout1998-02-23 98-124 ORDERCOUNCIL ACTION
Item No. 98-126
Date February 23 1998
Item/Subject: Authorizing Application to Federal Aviation Admini-
stration: Release of National Emergency Use Provisions (NEUP) --
Polk Street Property and Nevada Avenue
Responsible Department: Legal
In 1991 General Electric leased additional property, including a
portion of Nevada Avenue. GE also has the option of leasing
additional property on Polk Street. The United States retained the
National Emergency Use Provisions when it deeded that property to
the City.
The National Emergency Use Provisions allow the United States to
have exclusive control and use of the property during any national
emergency declared by the President.
This Order directs that the City Manager take the necessary and
appropriate action to obtain a release of the National Emergency
Use Provisions on Nevada Avenue and the Polk Street property.
Department Hedd
Manager's Comment s:-� _sj N ^^UW 0
City Manager
Associated Information: Order, Exhibits A and B
Finance Director
City solicitor *
IntrOdu�f ed POY
�_ Fs
_ Firirstt Reading
Referral Page 1 Of _4
98-124
Auigmdto Coasedor Leen February 23, 1998
CITY OF BANGOR
(TITLE.) (0099 Authorizing Appl1. ication to Federal Aviation
Administration: Release of National Emergency Use Provisions
_jNE_U,I?1, Pg1k. S,tr@@p PrOper[y and Nevada. Avenue
Byt City Coufttadf he CNY KBanper:
ORDERED,
THAT
WHEREAS, by deed from the United States of America the City
acquired title to land on Polk Street as more particularly
described in Exhibit A attached hereto; and
WHEREAS, Said deed restricts the City's ability to facilitate
development because of the National Emergency Use Provisions, and
WHEREAS, Nevada Avenue, a private way abutting said Polk
Street property, is subject to the National Emergency Use
Provisions,
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 National
Emergency Use Provisions on title to land located on Polk Street,
more particularly described in Exhibit A attached hereto, and
Nevada Avenue as more particularly described in Exhibit B 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 National
Emergency Use Provisions on said land located on Polk Street and
Nevada Avenue. _
IN CITY CCUNCIL
February 23, 1998
Passed
CI Law
98-124
ORDER
Title, Authorizing Application to Federal
Aviation Administration: Release of Nation-
al emergency Use Provisions (NECP) - Polk
'sneer properly 'aud wevada wvanne "
..................................
Awipned to
............
Councilman
98-124
EXHIBIT
"A certain lot or parcel of land situated in
Bangor, County of Penobscot, State of Maine
bounded and described as follows: Beginning at
the intersection of the northwest line of Polk
St, and the southwest line of Nevada Ave.;
thence N 450 44' 48" W by and along the
southwest line of Nevada Ave. three hundred
twelve and sixty-three one hundredths (312.63)
feet to a point; thence N 440 31' 33" E three
hundred forty-five (3451 feet to a point; thence
S 450 28' 29" E three hundredtwelve and eighty-
eight one hundredths (312.88) feet a proposed
eighty (80) foot right of way; thence S 440 33'
50" W three hundred seventy-nine and sixty-six
hundredths (399.66) feet to the point of
beginning.
The above description was prepared by dames M.
Greer, PLS #1129, and is oriented to the grid
system of the Maine State Coordinate System, NAD
1929, and contains 2.931 acres.
+ � 98-126
"A certain lot or parcel of land being all of
Nevada Ave. between Polk St. and the Griffin
Road, Situated in the City of Bangor, County of
Penobscot, State of Maine, and more particularly
described as follows: Beginning at a point on
the southeast side of the Griffin Road, S 350
46' 44" W nine hundred fifty-six and thirty-
eight one hundredths (956.38) feet from the
intersection of the southwest side of Maine
Avenue and the southeast side of the Griffin
Road; thence S 450 44' 48" E six hundred ten and
one one -hundredths (610.01) feet to the
northwest side of Polk St.; thence S 440 33' 50"
W, by and along the northwest side of Polk St.,
fifty and one one hundredths (50.01) feet;
thence N 450 44' 48" W six hundred two and
twenty-nine one hundredths (602.29) feet to the
southeast side of the Griffin Road; thence N 350
46' 44" E, by and along said Griffin Road, fifty
and fifty-five one hundredths (50.55) 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 seventy one hundredths
(CAO) acres. The above description was
prepared by James M. Greer, PLS #1129, 73 Harlow
St., Bangor, Maine. None Of the corners are
marked upon the ground. _
366 '74µI
Age 14/
RELEASE DEED Rt�Colw&v 8/i/M
FOR RELEASE OF NATIONAL EMERGENCY USE PROVISIONS ONLY
The UNITED STATES OF AMERICA, acting by and through the
FEDERAL AVIATION ADMINISTRATOR (hereinafter called "Administrator")
for consideration paid, releases to the "CITY OF BANGOR", a municipal
corporation located in the County of Penobscot, State of Maine, the land in
Bangor, County of Penobscot, being more particularly described as follows:
"A certain lot or parcel of land being all of Nevada
Ave. between Polk St. and the Griffin Road, situated
in the City of Bangor, County of Penobscot, State of
Maine, and more particularly described as follows:
Beginning at a point on the southeast side of the
Griffin Road, S 350 46' 44" W nine hundred fifty-
six and thirty-eight one hundredths (956.38) feet
from the intersection of the southwest side of Maine
Avenue and the southeast side of the Griffin Road;
thence S 450 44' 48" E six hundred ten and one
ane -hundredths (610.01) feet in the northwest side
of Polk St.; thence S 440 33' 50" W, by and along
the northwest side of Polk St., fifty and one one
hundredths (50.01) feet; then" N 450 44' 48" W
six hundred two and twenty-nine one hundredths
(602.29) feet to the southeast side of the Griffin
Road; thence N 350 46' 44" E, by and along said
Griffin Road, fifty and fifty-five one hundredths
(50.55) feet to the point of beginning.
The above described pareel of land is oriented to
the Maine State Coordinate System, East Zone, NAD
1927, and contains seventy one hundredths (0.70)
acres. The above description was prepared by James
M. Greer, PLS #1129, 73 Harlow St., Bangor, Maine.
None of the comers are marked upon the ground.
The United States of America, acting by and through the Administrator of
General Services, by an instrument of transfer dated 18 December 1968, and
recorded in the Penobscot Registry of Deeds in Volume 2148, Page 67, conveyed
W the City of Bangor certain property interest in land, now a part of Bangor
International Airport, Bangor, Maine. The said instrument of transfer, as more
specifically shown in Paragraph H on Page 10, provides that the aforesaid property
shall be subject to a reservation and restriction that during any national emergency
declared by the President of the United States of America or the Congress thereof,
including any existing national emergency, the Government shall have the right to
make exclusive or non-exclusive use and have exclusive or non-exclusive control
and possession without charge of the airport. The Administrator has determined
that a release of the aforesaid national emergency use provision as to the portion of
the property described above will not prevent the accomplishment of the purpose
for which the property was transferred and is necessary to protect or advance the
interest of the United States and Civil Aviation. This release is executed in
accordance with the Code of Federal Regulations FAR Part 155.
The Administrator is empowered by virtue of 50 U.S.C. App. § 1622c to act
in behalf of (be Government and to execute and deliver such a release, and in his
place instead, as duly authorized, the Chief, Airports Division, New England
Region, Federal Aviation Administration, to execute and deliver such release.
IN WITNESS WHEREOF, the United States of America has caused this
Deed of Release to be executed as of the 3rd day of August , 2000.
U{'�\j\`TREED STATES OF
OF AMERICA-
(BY) L `� �'�^�
Chief, Airports Division
FAA, New England Region
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF MIDDLESEX
On this �vd day of ANvS} , 2000, before me,
Ct4R15TcOMlt2 P0260A , a Notary Public in and for the County of
Middlesex, Commonwealth of Massachusetts, personally appeared
JIOC6r'T A. SCNNdO known to me to be the Chief, Airports Division,
New England Region, Federal Aviation Administration, and known to me to be the
person whose name is subscribed to the within instrument and acknowledged that
he executed the same on behalf of the United States of America.
WITNESS my hand and official seal.
c .ro,
AM Notary Public in and for said County
a,Mi! ' la and Commonwealth
My Commission Expires 4PL,4�'1207
ACCEPTED:
CITY OF BAN R, MAINE
am�
Nozn an S. Heitman III
City Solicitor
Title
August 11, 2000
Date
MAINE REVENUE
FILE BOTH COPIES
NR Oma n++-71
PAGE
OF THIS FORM WITH
SERVICES
BOOK
I
COUNTY REGISTRY OF DEEDS
PropeTy lex DNMM
RESISMY
00 NOT DETACHI
P.O. Bwv Bt00
AUI1 rri 01333
PLEASE READ INSTRUCTIONS ON REVERSE BEFORE COMPLETING DECLARATON
REAL ESTATE TRANSFER
TAX DECL RATION not 3a M.as.A. ^eGTloxs
NR Oma n++-71
PAGE
IMUNICIPPLttORTOWNSHIP
COUNTY
BOOK
I
Bangor
Penobscot
RESISMY
USE ONLY(
GRANFEEtOUYERI
a IDENinV: NAME(S) MAST. FIfl3i, IXNIAy AND sCCIPL sEWarrY NWBEA1010a CORPORATE NAMLyL11ND FELERK nEXTFICATIpI NVMBEW31
1001 601000120
City Of Bangor
3, NUMBER AND STREET
CNY OR TOWN
STALE AND ZIP CODE
73 Harlow Street
Bangor
NB 04401
GRANTOR (MILLER)
+ OE 1W.NAMES)(lags. FIRSF.INXIALI AND Madrid. sECURTY NLMOERE)CR LORPgUTE NAMN)AND FEDERAL
McPTICAMON NUMBERS)
Or
United States of America/Federal Aviation Administrator
it 34
B. NUMBER (JJD STREET
CITY OR ttIWN
AN IPC
STATE AND ZIP LODE
12 New En land Exec Park
Burlin ton
MA 01803
J. AN i d Lot NVINII ined I
wenwhi to BuvM
Portion of BIA Ma 1 Lot 488
adna mrF 11
Ma.alsduawN.ne,
m�b¢NnWiW XX,or®IpwurymMEN
GMUNILIIII I Ili NOT W1VETAX MVS IPIuu Eew4e pmpeTy)
PROPERTY
aarrw WwreawwN. neewalmr.
glnwtlW
areas,
TDATE OF TRANSFER on DAY VR,
(Use numarag 04 08 03 1 0001
n Ploowe Ndw ATyumM
e. ccamoream Foaming roto amwm or prix part. or rwmrM As be pais ar reel goo velue] in money. M.ether reviser
¢ Manor. n m yn or marmel mor,
ml¢e and mal:wase me amount a rear Frons ,deinder en<umaanwsi
inmoray For mmw
me to mN n Fredmmtle ire is wve on Ides Value Or w promm.. Vmua is the wmama Pro the pm" www
VA tine earn mund, Rax WYl be wlbtlM o the mga w'twn Nedart Is saver. lM urate 4¢320 Far EEM, or
CONSIDERATION
CONSIDERATION
reconm pam Format of anrrodematen or Value. Tlrew is eaeiy dosed bar me Food va ma Mi RsoniCOM
w_
_
0, S B � 3 B .M
VALVE CONSIOEE 0.4ilON
a EXPLAIN BASIS FOR EXEMPTION (Campwte or 9M1eMer be di N No May or par evxnpt purWNb M. R.SA
BB gaEau)
EXEMPTION
36 MRSA § 4641-D(1)
10. Wm man epeuar dmulrm a tithe tanner Wlkn susemt mm me qka W in, PAR" sadder more ar see than
SPECIAL
Irefar Manor ate(srt as tln Ma mat tredew was adeed FAA, farescause. 1110'edrpmrare rale. smarm. Or Aan.ter
CIRCUMSTANCES
da" was DqM me maw Note) FLEAS" EXPLAM.ER
�ONO-
Release of deed restrictions - not a fee conveyance NO
11 to Buyima Fair that Nosy haveCZ7 &ryer(sl no request to w0hed MCAT Income is La'aw:
sodded Mane earme As from me D Faller No, puaiFed! ss aconine wisdom
INCOME TAX
pumNme pdoa as reposed lar 5 SGSGA oasooer rm seen rewlwn from on Sider TAX M¢Mwr.
WITHHELD
and Mu mm m Mame Revenw em..m Q cream n For ma FmpeM is Idea man SM,=.
was, M dtye after date of trmGer. 0 trtlsu in¢ e: memo par M MRSA IRISH.A a"
12. Aare W perches As set tortby Tltle M Semim M41 a(. o Miers, agar ar affirm mat we was,
arts varesso no teem vq to to teat W our eruwleredge ars oaiN, M1 Is nue, deed. and
complete.
GRAMEUS) anA DAGEW
DATE
G ( m AUFMORIZEOAGEW
DAIS
OATH
Z cp
n S. Heitr1i
Vincent A. Scananp
Si Solicitor
Nang e[ Aic Orta DlviBi
o
PREPARER
to woe and address a pi or
emprgamethsmrm 73 Harlow St, Ban Dr ME
4401
inity Fer, RAMUSeny
806K 74441
donyc )w4
RELEASE DEED
FOR RELEASE OF NATIONAL EMERGENCY USE PROVISIONS ONLY
The UNITED STATES OF AMERICA, acting by and through the
FEDERAL AVIATION ADMINISTRATOR (hereinafter called "Administrator")
for consideration paid, releases to the "CITY OF BANGOR", a municipal
corporation located in the County of Penobscot, State of Maine, the land in
Bangor, County of Penobscot, being 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 the intersection
of the northwest line of Polk St. and the southwest
line of Nevada Ave.; thence N 45" 44' 48" W by and
along the southwest line of Nevada Ave. three hundred
twelve and sixty-three one hundredths (312.63) feet
to a point; thence N 440 3 P 33" E three hundred
forty-five (345) feet to a point; thence S 450 28' 27"
E three hundred twelve and eighty-eight one hundredths
(312.88) feet a proposed eighty (80) foot right of way;
thence S 440 33' 50" W three hundred seventy-nine
and sixty-six hundredths (379.66) feet to the point
of beginning.
The above description was prepared by James M.
Greer, PLS #1129, and is oriented to the grid system
of the Maine State Coordinate System, NAD 1927,
and contains 2.731 acres.
The United States of America, acting by and through the Administrator of
General Services, by an instrument of transfer dated 18 December 1968, and
recorded in the Penobscot Registry of Deeds in Volume 2148, Page 67, conveyed
to the City of Bangor certain property interest in land, now a part of Bangor
International Airport, Bangor, Maine. The said instrument of transfer, as more
specifically shown in Paragraph H on Page 10, provides that the aforesaid property
shall be subject to a reservation and restriction that during any national emergency
declared by the President of the United States of America or the Congress thereof,
including any existing national emergency, the Government shall have the right to
make exclusive or non-exclusive use and have exclusive or non-exclusive control
and possession without charge of the airport. The Administrator has determined
that a release of the aforesaid national emergency use provision as to the portion of
the property described above will not prevent the accomplishment of the purpose
for which the property was transferred and is necessary to protect or advance the
interest of the United States and Civil Aviation. This release is executed in
accordance with the Code of Federal Regulations FAR Part 155.
The Administrator is empowered by virtue of 50 U.S.C. App. § 1622c to act
in behalf of the Government and to execute and deliver such a release, and in his
place instead, as duly authorized, the Chief, Airports Division, New England
Region, Federal Aviation Administration, to execute and deliver such release.
UNITED STATES OF AMERICA
�
August 3, 2000 Ey)Chief, Airports Division
FAA, New England Region
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF MIDDLESEX
On this Sc,[ day of A ori 05T 2000, before me,
Cgosroowot- ooe z^ , a Notary Public in and for the County of
Middlesex, Commonwealth of Massachusetts, personally appeared
V J(j9q 0. WRAoo known to me to be the Chief, Airports Division,
New England Region, Federal Aviation Administration, and known to me to be the
person whose name is subscribed to the within instrument and acknowledged that
he executed the same on behalf of the United States of America.
WITNESS my hand and official s
91370
D
tovi
;
Notary Public in and for said County
r
"berm `a '
and Commonwealth
,
My Commission Expires
Am, S )00%
ACCEPTED:
CITY OFCffY OP B
ame
Norman S. Haitmann III
city Solicitor
Title
August 11, 2000
Date
MAINE REVENUE FILE BOTH COPIES
SERVICES OF THIS FORM WITH
COUNTY REGISTRY OF DEEDS
Prevent Ix,'san DO NOT DETACHI
DO aw 8104
Abdul, Meme W332 PLEASE READ INSTRUCTIONS ON REVERSE BEFORE COMPLETING DECLARATION
REAL ESTATE
TRANSFER TAX DECLARATION M E all MR.S.A.
SECDOINS 4341 Istrumb 401 N
PAGE
1. MUNICIPALITY OR TO•YNSKIP
CdM1Y
BOOK
Bangor
Penobscot I
REGISTRY
I USE ONLY)
GiNNTEE (WVER)
¢, apser:Nuipli WST.POST, IHr11Ay AND 80CUL SECURITY NUMBERP) OR WFl ATE NAMEIS) AND FEDEap DEMIFICAT10N NU0. R(S)
O1 610001020
City of Bangor
3, NUMBER AND STREET
MY OR TOWN
STATE AND LP WOE
73 Harlow Street
Bangor
HE 04401
GRAMOR (GELLER
IDEMItt, MWSI WT. FIRST, INITIAL) AND SWIM SECUROY MIMBErade OR WRPp M NAMEH)µD FEDERAL IDEMIFWAn WIMBENG)
dUnited
States of America/Federal Aviation Administrator 11 l6 1468 1 34
5. NUMBER AND STREET
CITY OR TOWN
STATE AND ZIP LODE
12 New Eanan Exec Park IN.
Burlington
MA 01803
B TAX MAP 8 LOT NIIMBEN INapulreoj
Waminp M call
Portion of BIA ltan 1 Lot 488
9 Meww•m M wwm,e as proof
Open Saw. TM%mM.a
]MUHILIPAUTYD NTHAVETA%MM Ree. Gaawl�pmpBnly)
be
PROPERTY
t agemd by Swearm, wax.•lpop
v amp. a rw a no
owe.
T. DATOF NBFER MO WY YR
aspersions) 0 08 1 03 12000
^_Apglsede zxw MptlwNa
B. Conaidemuon wrap AM amount or false polo, or round to be paid ler red ga{xM vel IT mon". whether wwwAE
in mwny w dNmve ant WIlImM and amwM M any moRgepe, Iwn or woumMnwa Newon.l)aday ormmpslson -
meatwwheAAnd. ¢nWatlm la head pay To was a Te wWam. them 4W nM1 gke)ne newly stood
does Me open mantel (Tax win be WbeO 9 the Where mm the Genf is wmNed, The Mx Ne u RRD per 45W, w
CONSIDERATION
lanlwral per Marey, of anpeopha0n or mus. The up a assay GMend beMreen Me beam am the annual M mint Coin
s
Euu TAXhe S WQD
� S D �
CONSIDENATON
VPLUE SO'
9. EXPLAIN 80.415 FOR EXEMPTION )Conplate only G transfer he tlaYnM he M A ltt or map exempt pm•uanrM M REA.
DS saaatc5
EXEMPTION
36 MRSA § 4641-D(1)
D. were Mere MaoM oraomMe�s in Ae trams' moan 8,p that me saw a me added was aWN mere bebe mm
SPECIAL
ad fair needed value.lswb a me led tl43 tanner Amalwcedmle, Mreaoare. mnwwnporeM of wcbanoe. or banner
CIRCUMSTANCES
me wa.e n e•maemon) PLEASE WINAIN. '%YEP
fee
Release Of deed restrictions - not a conveyance _NO
I1.o Buyn(•l cermyM may Tom CD suYA`a)son r Imd M YMOMUG Maine Mwme tax b«awe:
m
wXboNG Malin iwmm or Poet the 0 w as punted a• a Meins Ment
INCOME TAX
waiver has bean reanree tram the State Tax Awsha•ar
pumove Mae as repmM0 we g whi o awal
WITHHELD
use of nems to Metre Kamm, atrawn ®wn•IGarslmfor the properM is and than 440.000.
ASO
MMn Gaya after Wte 0Lmyer. O Iwsbwre eeN: axmnpt Per 35 MRSA WSO A, abs B'
2 Aware of penaMx as MMM by Title sa B w apprp ma toper Perera me frar MM we here
eaN aerosol MB drum up w the best N our provides and huet. n 19 Np ant, and
cot flue.
GRAXTEEfa) U'I 6EO AGEM
DATE
G SIwAUTNOR¢EOAGENT
DATE
OATH
B 2 00
Heitman III
Orman Slty
7/27/00
on(ear A. Scarano
Sol. itcr
Manager, Airports Divis
Dby
PREPARER
13� Name and mer« a pa Or
r,"pra tiLMn Cit of Ban or 73 Harlow St. Bangor ME
4401
PTS530(REV. IWC)