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).