HomeMy WebLinkAbout1995-11-13 96-25 RESOLVECOUNCIL ACTION
Item No. 96-25
Nate November 13. 1995
Item/Subject: Authorizing City Manager to Execute an Amendment to
Lease No. MCA 51-5-86-195 with U.S. Army Corps of Engineers (Maine
Air National Guard Base - BIA)
Responsible Department: Legal
Commentary: The attached Council Resolve would authorize an
amendment to an existing lease at BIA under which the D.S. Army
Corps of Engineers currently leases 89.87 acres from the City for
e by the Mine Air National Guard as part of the Guard's Bangor
r base. The proposed amendment would add 67.87 acres to the
leased premises, consisting of two parcels adjacent to taxiway -A°
plus all or portions of five parcels at the and of Downing Road
acquired by the City in 1989-1991. As consideration for the lease
amendment, the City would receive Building 467 and appurtenant land
located adjacent to General Electric Company's Griffin Road
(continued on attached sheet)
Departmen HeaQ
Manager's ^Comments: 0 „y, yAt �Ylu,o u. *b
Jx, l.�i 0.u�uue'M4R P�^/R+°^QCitY Manager
au,e..,�✓�PN.d ILr. Gau,t�f" PbA
Associated tion: Resolve, Sketches (3), perimeter
description
Finance Director
64
City Sol . 2i !
Introduced For New Business
_ Passage
First Reading
Referral Page 1 of 10
96-25
complex by separate agreement with the General Services
Administration. The proposed lease amendment would require formal
transfer of Building no. 489 no later than December 31, 1996. In
the event that transfer of building no. 489 should not have
occurred by December 31, 1996, the Air National Guard and the
Airport Department of the City of Bangor shall negotiate an
alternative compensation of equal value.
The Air Guard Is currently proposing to use the additional
premises as a building site for additional civil engineering
facilities plus a munitions storage facility. The Guard requires
evidence of an intent on the City's part to make the site available
s part of the supporting documentation for federal funding of the
proposed new facilities.
Assigned to Councilor Tyler November 13, 1995 96-25
CITY OF BANGOR
(TITLE)esDluE,.. A thor I i zing City Mana1. ger11 to E 11 xacut1. e Amend11 ment
to Lease No. BACA 51-5-86-195 with U.S. Army Corps of
Engineers (Maine Air National Guard Base - BIA)
By the City Caused off le CUP zfBcngor:
RESOLVED.
WHEREAS,- the City of Bangor and the U.S. Army Corps of Engineers
are parties to a certain lease dated June 25, 1986, no.
BACA 51-5-86-195, under which the U.S. Army Corps of
Engineers leases from the City of Bangor approximately
86.61 acres of land located at the City's Bangor
International Airport (BIA); and
WHEREAS,
said lease has previously been amended by Supplemental
Agreement No. 1 dated June 30, 1995 to add certain
additional right of way areas and to more accurately
define the boundaries of the leased premises; and
WHEREAS,
the Leased premises under lease no. BACA 51-5-86-195 as
previously amended are held by the U.S. Army Corps of
Engineers for use by the Maine Air National Guard as a
portion of the National Guard air base located at BIA
and are currently occupied by the Maine Air Rational
Guard for that purpose; and
WHEREAS,
the U.S. Army Corps of Engineers is the fee owner of
Building no. 487 and appurtenant land located at BIA;
and
WHEREAS,
Building no. 487 and its appurtenant land have been
occupied by the Maine Air National Guard ab part of the
National Guard air base at BIA, but are no longer
required for that purpose; and
WHEREAS,
Building no. 487 and its appurtenant land have been
declared to be excess federal property by the U.S. Army
Corps of Engineers and the Government Services
Administration; and
WHEREAS,
Building no. 487 has utility to the City of Bangor for
future development purposes in connection with the
City's long-term development of BIA; and
IN CITY COUNCIL 9b-25 V
November 13, 1995 R E S O L V E
Bob Ziegelaar, Airport
Manager, spoke in Authorizing City Meader to Execute
upset[ of this Legse Amendment to Lease No. 5l-
paeaed 5-86-195
with U.S. Army Corps of Engineers (Maine
Air National Guard Base - BIA)
CITY CLERK
V �V
96-25
WHEREAS, The Maine Air National Guard desires to expand its
existing air base by the lease of additional land at BIA
for the construction of a civil engineering maintenance
shop, storage and vehicle shed, munitions storage
building, and other facilities; and
WHEREAS, an exchange of properties is in the best Interestsof
the City of Bangor and the Maine Air National Guard,
NOW THEREFORE, By the City Council of the City of Bangor, be it
RESOLVED:
That the City Manager is hereby authorised toe cute
and deliver an amendment to lease no. IDE51-5-86-195,
in a form approved by the City Solicitor, to add to the
premised demised by that lease parcels A, A-1, B, C, 0,
G, and a discontinued portion of the former Downing Road
adjacent to parcels A, B, C, and D, as depicted in a.
plan titled •Standard Boundary Survey - Land to be
Acquired - Bangor, Maine" drawing no. C-100 prepared by
HTA-OEST Associates,Inc., dated North 1990, as revised
September e, 1992 (revision '•F'), plus parcel I a
depicted in a plan titled 'Standard Boundary Survey -
Land to be Acquired - Bangor, Maine" drawing no. C-101
prepared by BTA-OEST Associated, Inc., dated August 1993_
as revised September 15, 1993 (revision 'B••). Said
parcels together comprising 67.89 acres, more or lees.
Provided that said lease amendment shall recite a
consideration for the amendment a future conveyance of
Building no. 487 and its appurtenant land to the City of
Bangor, with such transfer to o not later than
December 31, 1996, and shall further recite that if such
a transfer does not occur by December 31, 1996,the
Parties shall negotiate an alternative compensation of
equal value.
115
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96-25
16 OCT 95
SDPPI.@IEMIAL I.EASE
PENN THE CITY OF MARCOS. MAINE
TO THS ONITEO STATES OF AMERICA
EOPPIffiMfAL MADE OF 67.97 AGEE5 TO MASE OF 89.07 ACNES
A certain lot or parcel of land with any or all buildings thereon located in the
City of Bangor, County of Pewbsooq State of Maine as show (partially) on e
Standard eowdary Survey by Andrew I. Shyga, Registered land surveyor for the
Maine Air National Guard, Contract No. DAHA17-86-D-0002-0001 dated November 1986,
hereinafter referred to as ALS, last revised in Febrmary 1990: and more
Particularly as shown on a Standard Powdery Survey by DEET ASSOCIATES for the
Maine Air National Guard, dated March 1990, revised 31 August 1992, and recorded
in file D-109-91 of the Peoobscat County Registry of Deeds.
REFERENCE POR THE POINT OF BEGINNING,
The Point of Beginning is described as a 6 inch high, 6 inch by 6 inch monument
with plag, am with Maine state Grid Coordinates 419955.4066/897207.5080 on the
GEST ASSOCIATE SURVEY: and entitled (MON.8) an the land lease agreement between
the City of Ranger and the United States of America for 89.07 acres (Lease No.
DACA51-5-86-195): and as (129) ALR with coordinates of N 359 177.49, E 412 817.26
on the ALS boundary survey.
STARTING TECH TEP AROFE REHICIONED POINT OF BEGINNING
thence. N 36 Deg 30 Min 30 Set E. 749.41 feet to a Point, said point being
referenced As (MON 1) on the Tract Can Deed description, and referenced as (130)
ALR with coordinates N 359 780.00, E 413 263.41:
thence. N 57 Deg 17 Min 04 Bet W, 195.77 feet to a granite monument, said
umevt being the northwesterly corner of Parcel E-1, (OUT ASSOCIATES Boundary
survey);
thence. N 55 Deg 23 Min 30 Bee W. 857.13 feet to a 1 feet high. R5 rebut. said
point being rhe most corrhwsterly comer of Parcel E (n/f Edwin Colburn);
thence, N 36 Deg 32 Min 15 Ret E. 462.34 feet to granite monument in the line
adjoining Parcel E; said line being the northeasterly line of Parcel E (a/f Edwin
Colburn):.
thence, N 55 Deg 17 Min 15 Bet W. 441.24 feet along the northerly line of Parcel
B, g an to a point, said point bring; iron pipe, and located on the easterly side of
the Downing Road Right -of -Way;
thence, continuing along the eme
course. s
N 55 Deg 17 Min 15 Bet W. across said
Downing Road Right -of -Way a distance of70.02 feet to an iron pipe, said iron
pipe being the westerly side of the amid Dowing Rued Right -of -Way and being the
northeasterly threat of Parcel A;
96-25
thence, continuing along the same course, N 55 Deg 17 Min 15 Bee W, along the
northerly line of Parcel A, a distance of 364.63 feet to a Point;
thence, continuing along the same course N 55 Deg 17 din 15 Bac W. along the
northerly line of Parcel A-1, a distance of 330.67 feet to a granite Sentence set
in the easterly line of the Of Flora Pembroke property; -
thence, 5 36 Deg 33 Min 47 Sec W, a distance of 1294.73 feet (*) to a Point;
thence, N 54 Deg 04 Min 33 Sac W. a distance of 511.86 feet to a point, Said
Point heino located in the southerly line of n/f Flora Pembroke property{
thence, S 35 Oen 37 Min 31 Bac W. a distance of 312.66 feet to an iron pipe, with
coordinates 421202.14/694689.89, said Point being in the line that marks the
.clear zone" for Runway 15;
thence, S 37 Deg 03 Min 40 Sec e, a distance of 710.60 feet to an iron pipe, said
iron pipe being in the lire devoting the "clear zone' for Runway 15, eat further,
said iron pipe being 12.5 feet from the edge of Pavement of Mammerhead, Seaway
15;
thence, N 48 Dag 28 Min 26 Sec e, a distance of 65.55 feet. to a Point beginning
the line of anar c. Parallel to the Hammerhead, edge of pavement at a distance of
125 feet away;
thence, along the course
of the a still parallel to the edge of pavement, a
distance of 374.79 fast (L - 374.79 ft) with a radius to the arc of 341.39 ft
(R - 341.39 ft):
thence, S fib Deg 37 Min 30 Sec E. a distance of 111.35 ft to a point, said point
located 125 ft from edge of pavement
thence, along m arc. said arc with a length of 27.34 ft (L - 27.34 ft), and a
radius of 37.50 ft (R . 37.50 ft);
thence, N 69 Deg 36 Min 04 Sec E. a distance of 91.68 ft to a Point. said Point
12.5 ft from the edge of pavemeatt
thence along an aro. said are with a length of 76.65 to (L - 76.65 ft,; with a
radius of 338.44 ft (R - 338.44 ft); to a point. said Paint 12.5 ft from the edge
of pavenent
thence, running parallel to the edge of Pavement along ansaid arc with a
length of 242.70 ft (L - 242.70 ft), and a radius to the arc of 325.00 ft
(R - 325.00 ft, to a Point; _
thence parallel to and 12.5 from the edge of pavement S 45 Deg 35 Min 31 Sec E. a
distance of 1,374.31 ft ( ± ) to a Point. said point heing 12.5 ft northeasterly
from the edge of pavement of Taxiway "A":
thence, N 36 Deg 30 Min 30 Sec E. a distance of 28.02 feat. to asrn rad, (128)
ALB, said point also heing the most southwesterly corner of Parcel G;
96-25
thence, N 36 Deg 30 Min 30 Sec E, a distance of 288.56 feet to the POINT OF
BEGINNING.
SAID PRECEDING DESCRIPTION COMAINING'
Parcel A-1 9.73 Ac.
Parcel A 3.86 Ac.
Parcel B 4.65 Ac.
Parcel C 3.19 Ac.
Parcel 0 20.99 Ac.
Downing Road 1.64 Ac.
Parcel C (City of Bangor) 13.86 Ac.
Parcel I (City of Bangor) 9.35 Ac.
for a total of 67.87 Acres.