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HomeMy WebLinkAbout1996-07-08 96-308 RESOLVECOUNCIL ACTION Item No. 96-308 Date July 8. 1996 item/Subject: Resolve, Ratifying Acceptance of Release Deeds from Federal Aviation Administration -- Land at Bangor International Airport Responsible Department: Legal The attached Resolve would ratify actions by the City Manager and City Solicitor in accepting and recording two release deeds from the Federal Aviation Administration. Due of the two deeds releases an 86.5 acre tract of land along Maine Avenue from all statutory and deed restrictions under the Federal Aviation Act, the Federal Surplus Propekty Act, and the 1968 and 1969 deeds by which the City took title to portions of the former Dow Air Force Base. The 86.5 acre tract is a portion of the original 720 acre Dow Field conveyed by the City to the United States in 1942. The 86.5 acre tract released by the FAA now constitutes property of the City's general fund. (cont'd on next page) Department Read Manager's Comments: City Manager Associated Information: Resolve, Release Deeds Finance Director -0, City Solicitor ki Int rodyyped For _L. _ Passage First Reading Referral Page 1 of 13 Assigned no Councilor ealdecci July 8, 1996 96-308 CITY OF BANGOR (TITLE.) �XRWjLTBrRatifying Acceptance of Release Deeds from............. .. ........ .._ Federal Aviation Administration -- land at Bangor international Airport By W qty Csaunt WW City ofBunysrr RESOLVED, the actions of the City Manager and the City Solicitor in accepting and recording two release deeds from the .Federal Aviation Administration, releasing certain deed astrictions on two tracts of land at Bangor international Airport are hereby ratified and confirmed. CopingOfthe two release deals concerned are attached to this Resolve and are incorporated herein by reference. IN CITY CODNCiL �` 96-308 July S. 1996 R E S 0 L V E Passed Ratifying Acceptance of Release CITY CLERK Deeds from Federal Ariation Admineltration - land at Bangor International Airport 0r 96-308 DEED QF RELEASE 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, W I T N E S S E T H: WHEREAS, the City of Bangor by its Quitclaim Deed dated December 29, 1942 recorded in Book 1205, Page 345, Penobscot County, Maine, Registry of Deeds, conveyed to the United States of America, 720 acres of land situated in Bangor, Penobscot County, Maine, then constituting the Bangor Municipal Airport, for use for military purposes; and WHEREAS, the City df'BengOn's Quitclaim Deed to the United States of America contains the following reversionary language as recorded in Book 1205, Page 347, Penobscot County Registry of Deeds: "Provided, however, and this conveyance is made on the condition that if and when the Secretary of War hereafter declares that there is no further necessity for the use for military purposes of the property conveyed by this dead, the same shall revert to the Grantor, exclusive of any buildings, improvements or equipment thereon, belonging to the United States or to any lessee of the United States or belonging to others holding under or using said property with the permission of the United States all of which buildings, improvements and equipment may be sold or otherwise disposed of and removed from said property by the United States within one hundred and twenty (120) days after the date of the declaration by the Secretary of War there is no further military necessity for the use of the property hereby conveyed to the United States.". and WHEREAS, acquisition of said 728 acres of land by the United States of America was confirmed by a "Judgment on the Declaration of Taking" civil action no. 184 in the United States District Court for the District of Maine, Northern Division, entered August 7, 1944, subject to the reversionary language of the December 29, 1942 Quitclaim Deed quoted above; and WHEREAS, military use of the premises hereinafter described Ceased upon closure of the United States Air Force's New Air Force Base in 1968; and WHEREAS, by two quitclaim deeds dated December 18, 1968 and April 28, 1969, recorded in Book 2148, Page 68 and Book 2156, Page 450, Penobscot County Registry of Deeds, respectively, the United States of America, by and through its Administrator of General Services, pursuant to the Federal Property and Administrative I Services Act Of 1949 (63 Stat. 377), as amended and Surplus Property Act of 1944 (58 Stat. 765), as amended, conveyed to the City of Bangor the major portion of land then constituting Dow Air Force Base, for development, operation, maintenance and support of a public airport under provisions of the Federal Aviation Act of 1950, as amended; and WHEREAS, the deeds from the United States of America to the City of Bangor dated December 18, 1968 and April 28, 1969 referenced above included within the premises therein conveyed the major portion of the 720 acres of land previously conveyed by the City of Bangor to the United States of America by Bangor's Quitclaim Deed dated December 29, 1942 referenced above; and WHEREAS, the deeds from the United States of America to the City of Bangor dated December 18, 1968 and April 28, 1969 referenced above made all land conveyed therein subject to certain use restrictions, covenants, conditions, reversionary rights and other rights as recited or reserved in said deeds; and WHEREAS, the United States of America through the Administrator of the Federal Aviation Administration has determined that the use restrictions, covenants, conditions, reversionary rights and other rights recited o reserved in the 1968 and 1969 deeds are inapplicable to the premises described in the City of Bangor's Quitclaim Deed dated December 29, 1942 by r of the reversionary sionary language contained in the December 29, 1942 deed, due to the cessation of military use of said premises in 196B; and WHEREAS, the premises hereinafter described, being a portion of the premises described in the City of Bangor's Quitclaim Deed to the United States of America dated December 29, 1942 and in the United States of America's two quitclaim deeds to the City of Bangor dated December 1S, 1968 and April 28, 1969, respectively, are not needed for the development, operation, maintenance o support of the public airport located in Bangor, Penobscot County, Maine presently known as Bangor International Airport; NOW, THEREFORE, for and in consideration of the above -expressed recitals, the United States of America, in confirmation of the 1968 reversion of the premises hereinafter described to the City of Bangor pursuant to provisions of the Quitclaim Deed from the City of Bangor to the United States of America dated December 29, 1942 and recorded in Book 1205, Page 345 of the Penobscot County, Maine Registry of Deeds, hereby RELEASES to the City of Bangor the land in Bangor, Penobscot County, State Of Maine described as follows] See Schedule °A" attached. With respect to the premises hereinabove described, this Deed of Release shall operate as release of all use restrictions, covenants, conditions, reversionary rights and other rights recited or reserved in the two quitclaim deeds from the United States of America to the City of Bangor dated December 18, 1960 and April 28, 1969, recorded in Book 2148, Page 6B and Book 2156, Page 450, respectively, of the Penobscot County, Maine Registry of Deeds. 96-308 With respect to the premises hereinabove described, this Deed of Release also shall operate as a release from all use restrictions, conditions, obligations, self-sufficiency requirements, revenue -diversion prohibitions and other restrictions, requirements and prohibitions otherwise arising under or by virtue of the Federal Aviation Act of 1958, 49 USC SS 40101 at sec, as presently in force and as subsequently amended, including all such restrictions, requirements and prohibitions otherwise arising under or by virtue of any grant agreement, sponsor assurances agreement o similar agreements similaagreements heretofore executed bytheCity of Bangor pursuant to the Federal Aviation Administration Airport Improvement Program, 49 USE SS 47101 at sen., or other provisions of law. IN WITNESS WHEREOF, the United States of Amerika has caused this Deed of Release to he executed as of the ZIs day of 1996. UNITED STATES OF AMERICA DORAL AVIATION ADMINISTRATION By: Nam Title: Manager, Airports Division Commonwealth of Massachusetts County of Middlesex In Burlington, in said County and State on the B,s day of T- , 1996, before me personally appeared �.r Qm 4r o Manager, Airports Division, Federal Aviation Administration, Burlington, Massachusetts, duly empowered and authorized and delegated by the Administrator of the Federal Aviation Administration, to me known and known to me to be the party executing the foregoing instrument and acknowledged said instrument by him duly executed to be the free act and deed, of the United States of America, his free act and deed individually, and in his capacity as Manager, Airports Division, Federal Aviation Administration, Burlington, Massachusetts. 4 Notary Public Attorney -at -Law, ams � z. q Paul R.Achtelik NOTARYPUBLIC WmmmizboxP ow'I,mm 96-308 ' SCHEDULE A Description of Land in Bangor, MB. A certain lot or pascal of land, situated in the City of Bangor, County ofPcoohsmq State ofMains, bounded and described as follows: Beginning at a point on the south side of Union St. at the northwest comer of parcel of land described in Schedule "A", Tana "A" of a dead four the City ofBangor to The United States ofAm pica dated December 29, 1942 and recorded in the Penobscot County Registry of Loch; in Vol. 1205, Page 345; thence S 34`22' W, by and along the wast line of said Tana "A", one thousand three hundred fifty- one and one learns (1351.1) fen to an angle in said live; thence 81°49' W, by and along the north line of said Trent "A", two thousand two hundred fdty- ght and fifty-four one hundredths (2258.54) feet to a point; thence S 46°00'19" E one thousand five hundred eighty-two and ninety -vine one hundredths (1582.99) fed to a pobrt; thenceN 2101598" E seven hundred thirty-four and ninety-two one hundredths (734.92) fed to a point; thence S 69009145" E, by and along a chain 8ni; fence, nine hundred four and seven tenths (904.9) fed to a pont; thence N 21°52426" E four hundred one and forty-five one hundredths (40145) fed to a pone; thence S 68"3298" E two hundred fifty and thirty-seven one hundredths (250.37) fed to a point; thence 21°2722" E one hundred thirty-seven (137) feet to apoint; thence S 68032'38" E one hundred sixty-two (162) fed to a point on the west side of Florida Aveme; thence S 21°29122" W, by and along said Florida Avemc four hundred forty-eight and fdty-four one hundredths (448.54) fact to the south line of Johnson Sired (extended); thence S 6802548" E, by and along the south side of said Johnson Street, three hundred twenty-three and eighty-two one hundredths (323.82) fed to a point fifteen (15) westerly of the ceesrene of ad of railroad tracks; thence S 22°14'54" W, by and along a line Oven (15) feet from and pamllal to said railroad burden, one thousand five hundred ai ny-one and thirty-eight one hundredths (1561,38) feat to a point in the north line of Lot #14 as shown oar a plan tilled "Maine Business Enterprise Park 'Amen led' Subdivision Plan" dazed Sept. 3, 1991 aM recorded in the Penobscot County Registry ofDceds in Map Fie #Dl71-94; thence S 9994000" W, by and along said Lot #14 two hundred fifty and eighty-nine one hundredths (250.89) fen to a comer of Lot 914; thence S 0023139" E, by and along said Lot #14, one hundred (100) feat to a comer ofLm 414; Nance S 96°36'21" W, by and along the north line ofLd #14 and it's mansion two hundred ninety -ane and flurry -foe one hundredths (291.34) feet to a point; thence S 9°45'53"E two hundred seventy-two and forty-one one hundredths (272.41) feet to the northeast corner of Lot #15 as shown on said plan of Maine Business Enterprise Park Subdivision Plan; thence N 75°31'04" W, by and along said Lot #15, fdtem and seventy-one one hundredths (15.71) had to an angle in said Lot #15; thence S 80°14'07" W, by and along said Lot #15, two hundred fifteen and s ry-eight one hundredths (215.68) fed to the northwest career of said Le #15; thence S 9045'53" E, by and along the went lines of Lot 415, Lot #16, Cleveland Street, and Lot 917 eight bundred fifty and ninety-six one hundredths (850.96) fact to an angle in said Lot #17; thence S 42°11154" E, by and along said Lal #17, one hundred sixty- five (165) fed to a motor of Lot #17; thence S 9"30'23" E fire hundred two and three tenths (502.3) fed to the mrtmvesf comer oflot #18 ofsaid Mame Business Enterprise Park SubdivisionPlan; thence S 905731" & by and along the west line of add Lot #18, two hundred twenty and ninety-four one hundredths (220.94) fed to an angle in said wed line of 96-308 Lot #18; thence S 19°20'02" E ninety-nine and twenty-eight one hundredths (99.28) feet to the southwest corner of said Lot #18; thence 8V12'12" E, by and along the south line of said Lot #18 and across Maine Avenue one hundred forty-two and twemy-five ono hundredths (142.25) head to a point on the east Be of Maim Aveme; theme 9°45'53" W, by anul along said Maine Avenue, sbay-ame and sixty-three one hundredths (69.63) feet to a point; thence N 62018'07" E two hundred fifty-three and forty-six one hundredths (253.46) feet to a point theme 29"45'18" W one hundred riaety and thirty-four one hundredths (190.34) feet to a point thence S 80"18'27' W one hundred seventy-five and ninety-seven one hundredths (175.97) fee[ to apoid on the east side of Maine Aveme, theme N 9045153" W one thousand two hundred seventeen and thirty-four one hundredths (1217.34) feet to a point; tbemeN 80°26'56" E across Maine Avenue and by and along the south side of Texas Avenue, seven hundred ninety-four and forty-two one hundredths (794.42) feet to the east line of floods Avenue; thence N 9015'39" W, by and along the east side ofMotors Ave. ser hundred fifty-seven and seventy-eight one hnmdredths (657,78) fact to the beginning of circular curve to the right with a radius of three hundred forty (340) feet; thence northerly, by and along said curve to the right two hundred fifty-eight and eighty-one one hundredths (258.81) feet to the and of said curve; thence N 34°21'11" E, by and along the east side of Maine Aveme, one thousand six hundred eighty-four and eleven one hundredths (1684.11) feet to a poen on the east side of Vermmd Avenue; thence N 3804845" W, across said Vermont Avenue, eighty-three and fifty-nine one hundredths (83.59) feet to a point; thence northeasterly, by a circular curve to the right which is tungent W the west side of Maine Avenue and with a radius of one thousand five hundred forty -rine and forty-one one hundredths (1549.41) feet, one hundred seventy-four and twenty-fmu one hundredths (174.24) fret to a point; thence N 4301648" W, by and along a chain link farce, three hundred thuty-mm and twemy-four one hundredths (331.24) feet to a point on the north line ofMaine Avenue; thence northwesterly, by and along a curve to the left whh a radius of four hundred eleven and four ono hundredths (411.04) feet and a chord of N 28°08'25" W two hundred sixty-six and seventy-four one hundredths (266.74), two hundred savemy-one and sixty-five one hundredths (271.65) feet to a pout; theme N 35°01132" E, by and along a chain link fence, four hundred fifty-one and forty-two one hundredths (451.42) Ret to a point on the south side of Union Street; thence N 55"32'29" W, by and along said Union Street, two hundred six and twenty-five out hundredths (206.25) fed to the northeast comer of parcel of land described in a deed from Edward L. Karam to Springer Realty Co. dried May 1, 1968 and recorded in the Penobscot County Registry of Deeds in Vol. 2129, Page 186; thence S 34°2791" W, by and along said Springer Realty Co., one hundred forty-nine and eighteen one hundredths (149.18) fed to a 4" iron post; theme 55050159" W, by and along said Springer Realty Co., two hundred and twenty-six one hundredths (20026) fed to a 4" iron post; thence N 34'2791"E, by and along said Springer Realty Co., one hundred fifty and twenty -Sex one hundredths (150.26) feet to a point on the south side of Union Sired; thence N 55032'29" W, by and along the south side of Union Street, three hundred fifty (350) feet to the point of beginning. The above described parcel of land contains eighty -ser and five tenths (86.5) acres. 96-308 DEED OF RELEASE 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, W I T N E S S E T H, WHEREAS, the Administrator of General Services, acting for and n behalf of the United States of America, by the Quitclaim Deed dated April 29, 1969, r orded in the Penobscot Registry of Deeds in volume 2156, Page 450, transferred and conveyed to the City of Bangor caratin lands together with appurtenances belonging thereto, with exceptions; and WHEREAS, said lands are subject to certain reservations and restrictions; and WHEREAS, the City of Bangor has duly petitioned the Federal Aviation Administration (FAA) for a release of 27.75 acres of land, being the premises as hereinafter described, from the provisions of said reservations rvations and restrictions upon the ground that the property sought to be released is needed for development purposes; and BPREEAS, the City of Bangor has pledged, upon release of said reservations and restrictions, to subdivide said 27.05 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 aunt for the use and/or benefit of Bangor International Airport under such terms and conditions as may be approved by the FAA; and waSHEAS, 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 e 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 provisions: -There specifically excepted and reserved from this conveyance to the City of Bangor, its successors and assigns, the following easements and rights: W 111. 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). '•2. Right of entry, ingress and egress, with respect to the land 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 "3. 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 known or hereafter used for navigation of or flight in the air, using said air space for 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 acted, maintained or allowed on the land herein conveyed; and ^2. That no use shall be made of the land herein conveyed for any purpose which may interfere with the use, operation, maintenance and further development of Bangor international Airport, and in addition, no use shall be made of such land and of structures thereonfor 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 to distinguish between airport lights and others; (iii) project glare in the eyes of pilots; (iv) impair visibility in the vicinity of the airport; or (v) otherwise endanger the landing, taking off and manuevering of aircraft; and "3. 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 that the lands now and hereinafter comprising the airport shall be the dominant tenement; excepting, however, that such reservations rvations and restrictions shall become void and no force and effect on such date as the lands comprised in Bangor international Airport shall cease to be used as an airport." W hereby releases that portion of the premises as is hereinafter described from all reservations and restrictions contained in Paragraphs Numbered 8, 8(a), 8(b), 9, 9(A), 9(B), 9(C), 9(D), 9(E), 9(F), 9(G), 9(H), 9(I), 9(S), 9(x), 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 for the e r benefit of said Bangor International Airport,the proceeds of said sale, after payment of closing costs, said monies to be retained in said account and used only for such programs o projects as may hereafter be approved by the Federal Aviation Administration, said real property being described as follows: See Schedule '•A' attached. By its acceptance of this Deed of Release the City of Bangor covenants and agrees for itself, its successors, and assigns, to comply with and observe all of the conditions and limitations hereof. IN WITNESS WHEREOF, the United States of America has ca d this Deed of Release to be executed as of the 21 day o£ 1996. UNITED STATES OF AMERICA FERAL AVIATION ADMINISTRATION By: Name: Title: Manager, Airports Division Commonwealth of Massachusetts County of Middlesex In Burlington, in said County and State on the p — day of 1996, before me personally appeared ✓•<<..- St-,4vtb Manager, Airports Division, Federal Aviation Administration, Burlington, Massachusetts, duly empowered and authorized and delegated by the Administrator of the Federal Aviation Administration, to me known and known to me to be the party executing the foregoing instrument and acknowledged said instrument by him duly executed to be the free act and deed, of the United States of America, as his free act and deed individually, and in his Capacity as Manager, Airports Division, Federal Aviation Administration, Burlington, Massachusetts. Notary Publi Attorn V -&t -Law Printed Name: f/y .� �� �" x Paul R. Ach[elik NOTAFVPUBLIO 0.ywmzisbn ma Dez ttmo 96-308 ACCEPTED: CITY OF BANGOR: By: Edward A. Barrett City Manager State of Maine County of Penobscot In Bangor, Maine, in said County and State, on the 1--0— day of T7E o� , 1996, before me, then and there appeared Edward A. Barrett, City Manager, duly empowered and acknowledged the same to be his free act and deed in his said capacity and the free act and deed of the City of Bangor. Notary Publi - Printed Name: % ER/G' fS 3 ley jj/aJ/96 96-308 SCHEDULE A Description of Land in Bangor, ME. A certain lot or parcel of Ind, situated in the City of Bangor, County of Penobscot, State of Maine, bounded and described as follows: Beginning at a point on the south side ofUnion St. at the northwest corner of a parcel ofland described in Schedule "A", Tract "A" of a deed from the City ofBangor to The United States of America dated December 29, 1942 and recorded in the Penobscot County Registry of Deeds in Vol. 1205, Page 345; thence S 34022' W, by and along the west line of said Tract "A", four hundred forty-five and thirty-eight one hundredths (445.38) feet to a point on the north side of Maine Avenue; thence 55024'49" W, by and along said Maine Avenue one hundred eighty-one and one one hundredths (181.01) feet to the beginning of a circular curve to the left with a radius of seven hundred Nnneen aM fifty-two one hundredths (719,52) fen; thence westerly, by and along said curve to the left fight hundred eighty- three and nine one hundredths (883.09) feet to the end of said curve; thence S 58033'07" W two hundred ninety-nine and sixty-two one hundredths (299.62) feet to the beginning of circular curve to the right with a radius of three hundred twenty-five (325) fat; thence westerly, by and along said curve to the right, two hundred ninny and six tenths (2906) feet to the and of said curve; thenceN MOB' W one hundred nineteen and forty-oce one hundredths (119.41) feet to the easterly side of Godfrey Boulevard; thence N 21924'18" E, by and along the and side of Godfrey Boulevard one thousand three hundred runty -two and twenty-four one hundredths (1392.21) feel to the south side of said Union Sweet thence S 55932'29" E, by end along said Union Street one thousand six hundred five and twenty-two one hundredths (1605.22) fat to the point of beginning. The above described parcel of land contains twenty-seven and seventy-five one hundredths (27.75) acres. The sand deed releases a 27.75 acre tract bounded by Union Street, Godfrey Boulevard and Maine Avenue from deed restrictions that previously prohibited sale of the land concerned. This land was not part of the original Dow Field area. This 27.75 acre tract will now be available for sale for development purposes, with sale proceeds to constitute dedicated revenues of the Airport fund. Prior to acceptance by the City Manager, these deeds were discussed by the City Council in executive session as a land acquisition matter. See 1 M.R.S.A. S 5(C).