HomeMy WebLinkAbout1998-08-10 98-328 ORDERCOUNCIL ACTION
Item NO. 98-338
Date August 10, 1998
Item/Subject: Authorizing Execution of Lease Agreement
-- Acadia Hospital Corporation
Responsible Department: Legal
commentary:
Acadia Hospital Corporation is merging with Hope House, Inc. and
will be operating the Hope House facility. Acadia is assuming the
City's current lease with Hope House. By Council Order #99-85 an
option to lease additional land by Hope House, Inc. was approved.
Since that time circumstances have changed and, whereas Acadia and
Hope House, Inc. will merge, the lessee will be Acadia Hospital
Corporation.
Associated Information:Qj�
Legal Approval:
Department Hea
Finance Director
Ci * -COs 'XV
oduced For
_ Passage
First Reading
Referral Page 1 of _;2
(TITLE.) Wrl
A94VW fo Councuor Aalatccf AYauct 10, 199a
CITY OF BANGOR
Authorizing Execution of Lease Agreement
-- Acadia Hospital Corporation
BY w CHYCo of WY of Rw
ORDRRRD,
MT
WHEREAS, Acadia Hospital Corporation is assuming an Indenture of
Lease between Hope House, Inc. and the City of Bangor, dated April
18, 1986; and
WHEREAS, Acadia Hospital Corporation has requested that the City
grant a lease of approximately 0.9 acres of additional property
adjacent t0 Hope House, Inc.'s facility Off Texas Avenue to provide
adequate land to develop a Supervised Living Project containing 10
SRO (single room occupancy) housing units for the homeless,
NOW, THEREFORE, by the City Council of the City of Bangor, be it
ORDERED
THAT the City Manager is hereby authorized to execute an Indenture
of Lease by and between the City of Bangor and Acadia Hospital
Corporation, a copy of which is on file in the City Clerk's office,
and in a final form approved by the City Solicitor, to provide for
the lease of an additional 0.9 acres of land to Acadia Hospital
Corporation as depicted on Plan No. L-282 prepared by the City of
Bangor Engineering Department dated December 27, 1996.
IN CITY COUNCIL
August 10, 1998
Couaclore Crowley d Rahman
abstained from discussion S
vote due to conflict as est-
ablished on C.O. 98-327
Motion for Passage Made d
Seasoned
Passed
3 CLEW
98-328
ORDER
Title, Authorizing Execution of Lease
Agreement - Acadia Hospital Corporation
......................................
......................................
a
1n3At Aee�igneddtt�o��
....... .:.... ....
fill Councilman
13K 67X0 P i86
' ➢EEO OF RELEASE �II��G�
This instrument, a Deed of Release, made by the UNITED STATES
OF AMERICA. acting by and through the Administrator of the Federal
Aviation Administration, to the CITY OF BANGOR, a body politic and
corporate under the laws of the State of Maine,
'd I T N E S S E T H:
WHEREAS, the Administrator of General Services, acting for and
on behalf of the United States of America, by the Quitclaim Deed
dated April 29, 1969, recorded in the Penobscot Registry of Deeds i
Volume 2156, Page 450. transferred and conveyed to the City of 3ancor
certain lands together wits appurtenances belonging thereto, with
exceptions; and
WHEREAS, said lands are subject to certain reservations and
resv-ictions; and
WHEREAS, the City of Bangor has duly petitioned the Feceral
Aviation Acministration (FAA) for a release of 61.36 acres of land,
being the premises as hereinafter described, from the provisions of
said reservations and restrictions upon the ground that the vronerty
sought to be released is needed for development purposes;
WHEREAS, the City of Bangor has pledged, upon release of said
reservations and restrictions to subdivide said 61.36 acres of land
and to sell lots therein at fair market value for development
purposes; and
WHEREAS, the City of Bangor has pledged, and by the acceptance
of this Deed of Release pledges upon the sale of said subdivision
lots to immediately place all proceeds therefrom, after Payment of
closing costs, in an account for the use and/or benefit of Bangor
International Airport under such terms and conditions as may be
approved by the FAA; and
WHEREAS, the Federal Aviation Administration is satisfied that
it is in the interest of the United States, civil aviation, the
public and the airport to grant the petition of the City of Bangor
for the requested release and that such a release will not prevent
accomplishment of the purpose for which the property was transferred;
NOW, THEREFORE. for and in consideration Of the above -
expressed recitals, and in consideration of the benefits to accrue to
the United States and to civil aviation, the United States of
America, upon inclusion by the City of Bangor, in Instruments of
Transfer conveying title to the hereinafter described property of the
following provision:
'There is speci-scally excepted and reserved
from this convevance to the City of Bangor, its
successors and assigns, the following easements
and rights:
"1. An avigation easement and right of way over
the land herein conveyed for the use and benefit
of the public and for the unobstructed flight of
aircraft, at or above an imaginary plane at 324
feet mean sea level (MSL).
112. Right of entry, ingress and egress, with
respect to the lard conveyed, to remove or
demolish structures and to cut or top trees or
other vegetation which might, at any time,
project above such plane: and
'O. The right for the use and benefit of the
public to cause in the air space above the
surface of the land demised such noise as may be
inherent in the operation of aircraft, now krown
or hereafter used for navigation of or flight in
the air, using said air space `_or landing at.
taking off from, or operating on the airport.
"The Grantee expressly agrees for itself, its
heirs, successors and assigns:
"1. That no structures or objects of natural
growth, which project or might project above the
imaginary plane described above, shall be
rented, maintained or allowed on the land
herein conveyed; and
'2. That no use shall be made o: the land
herein conveyed for any purpose which may
interfere with the use, operation, maintenance
and further development of Hangar international
Airport, and in addition, no use shall be made
of such land and of structures thereon for
purposes which shall create or result in a
hazard to flights such as, but not limited to.
any purpose which will (i) produce electrical
interference with radio communications; (ii)
make it difficult for pilots zc distinguish
between airport lights and ot_ars; (iii) project
glare in the eyes of pilots: ' _¢pair
visibility in the vicinity of =e airport; or
(v) otherwise endanger the 1_=nding. taking of`_
and maneuvering of aircraft; and
That the reservations and restrictions set
forth in this instrument of conveyance shall run
with the land which shall be the servient
tenement, it being intended t - line lards now
and hereinafter comprising the airport shall be
the dominant tenement, except ng however, that
such reservations and restrict -ons shall become
void and of no force and effect on such date as
the lands comprised in Sanger _.cercatioral
Airport shall cease to be used as an airport."
Hereby releases that portion of the premises as is hereinafter
described from all reservations and restrictions Contained in
Paragraphs Numbered 8, B(a), 8(b), 9, 9(A), 9(B), 9(C), 9(D), 9(E),
9(F), 9(G), 9(H), 9(I), 9(C), 9(K), 9(L), 9(M), 9(N), 9(0), 9(P), and
9(Q) of said Quitclaim Deed of April 29, 1969, and does hereby
authorize the City of Bangor to subdivide said premises and to sell
lots therein at fair market value to third parties; provided,
however, that at the time of transfer of title to any lot in said
subdivision, the City of Bangor shall deposit in an account ror the
use or benefit of said Bangor International Airport, the proceeds of
said sale, after payment of closing costs, said monies to be retailed
in said account and used only for such programs or projects as may
hereafter be approved by the Federal Aviation Administration, said
real property being describea as follows;
See Schedule "A" attached
By its acceptance of rn'S Deed Of Release the City of Bangor
Covenants and agrees for i -self, its successors and assigns, to
comely with and observe all of the conditions and limitations hereof.
IN WITNESS WHEREOF. as United States of peerica has``causec
this Dead Of Release to be executed 25 O_ the1998. day of y,,)tut
1998
UNITBD STATES OF AMERICA
EDERAL AVIATION ADMINISTRATION
By:
Name:
Title: Manager, Airnol-" Div=s'_CC.
Commonwealth of Massachusetts
County of Middlesex
In Burlington, in salt County and State on theday c'_
'SVtn( 1998, be --ore me personally appeared O(8 <l04hp
. Manage_. Lrports Division, Federal AviatioL-
A.dmiaistration, Burlington, iassacheset-s, duly empowered and
authorized and delegated Cv =e Adminisnra-or of the Federal Av:at'
Administration, to me know-.. 5-,d known -0 me tc be the party exec,iL=g
the foregoing instrument ch.4 acknowledged saidinsL umeht by h -- dC-y
executed to be the free act and deed, o' the United States of
America, as his free act and deed indiv'_dually and_n his capacity as
Manager, Airports Division, Federal AV' rich A' Sols iration,
Burlington. Massachusetts. ���
Y:y •• •t•!••••• '� •. Notary .pbt 1C/Att ��p.,'- "'Y
2
.V ••�\a. �•�yE Printed Name:[f�9-VAV6e
Comm-1-s—s Excites:A�ll
. .?RY PUe���•"
ACCEPTED:
CITY OF BANGOR
STATE OF MAINE
PENOBSCOT. ss.
In Bangor, Maine, in said County and State, on the /o gay
A. a•j� ager, before me, Chen and there appeared Edward
A. Bary ett, City and
deed y empowered
ap and nand the dged the Sane to
be his free act and deed 1 his said capacity and the free act and
deed of the City of Bangor^
No /ubiic/Fttorney-at-taw
P inted Name:
Commission Expires:
NORMAN S. HEITMANN, III
NOTARVJUSUIC, VA&F
MY COMMISSION WIRES JANUARY it, WX
DescriptionofL>�
(Parcel D)
A certain lot of parcel of land, shouted in the City of Bangor, County of
Penobscot, State of Maine, bounded and &scnbed as follows: Beginning at the point of
intersection of the south fee of Umon St and the west line of Godfrey Boulevard; thence
S 21°24'18" W, by and along the west side of Godfrey Boulevard, one thousand three
hundred ninety-seven and sixty-nine one hundredths (1397.69) feet to the north line of
Maine Avenue; thence N 68011153" W, by and along the north line of Maine Avenue,
eleven and sixty-four one hundredths (11.64) feet to the beginning of a circular curve to
the tight with a radius of one thousand src hundred fifty-five and ninety-four one
hundredths (1655.94) Said; thence by and along said curve to the right and the north line of
said Maine Avenue seven hundred sixty-eight and twelve one hundredths (768.12) fear to
the end of said curve; thence N 41`37'16" W, by and along said Maine Avenue, six
hundred thirty-four and seventy-nine one hundredths (634.79) feet to the east line of the
Griffin Road; thence N 53 2T24" W across said Gnf in Road eighty and one one
hundredths (So.o I) feet to the west line of said Griffin Road; thence N 62039'49'W, by
and along the north line of Maine Avenue, four hundred eighty-five and eighty-five one
hundredths (485.85) feet to a monument in the east line of the Maine Air National Guard;
thence N 24007'l 5" E, by and along said Maine AG National Guard, five hundred seventy-
one and twelve one hundredths (571.12) feet to a monument; thence N 10028'52" W, by
and along said Mame Air National Guard, eight hundred thirty-one and twenty-one one
hundreths (83121) fear to a point; thence N 34"19'08" E, by and along said Maine Air
National Guard, one hundred ten and seven one hundredths (110,07) feet to the south line
of Union St; thence S 55032'29" E, by and along the south side of said Union St., two
thousand three hundred twenty-four and ninety-nine one hundredths (2324.99) fear to the
point of beginning.
The above described parcel of land is oriented tb the Maine State Coordinate Systeny East
Zone, NAD 1927, and contains sixty-one and thirty-six one hundredths (61.36) acres. The
above description was prepared by lames M. Great, PLS '.1129, D Harlow St., Bangor,
Maine. None of the comers are marked upon the ground except as noted in the
description.
—MAINEAEVEN�c b
SERVICES, OF THIS FORM WITH
UWd _ COUNTY REGISTRY OF DEEDS
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Complains
GRhvTas tvoA M
I DATE
R wAUINORDED AGEM
ITE
OATH
o7(x3�'j'g
a S. itmann III
7/20/98
Cent A. Caroms
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PREPARER
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