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HomeMy WebLinkAbout1994-09-12 94-404 ORDERCOUNCIL ACTION Item No. 94-404 Date September 12, 1994 Item/Subject: Authorizing City Manager to execute Option Agreement with Bangor Hydro -Electric Company Responsible Department: Legal Department. Commentary: Bangor Hydro -Electric Company is in the planning stages for a major transmission line project extending across the northern end of Bangor International Airport. The line concerned rned would provide back-up service to BIR and to other portionsofCity. As part of its planning, Bangor Hydro has identified a proposed route for the necessary utilities easements. That route would extend across undeveloped City land located in Hermon at the northwesterly endof BIA. Bangor Hydro has requested a 24 month option to acquire a 150' wide electric utility easement across the affected City land. The easement would extend approximately 4,800 feet in three sections, and would contain a total of 16.45 acres. (cont'd on next page) Depar9t-(Head City Manager Associated Information: Order, "Option to Purchase", sketch, Airport Committee minutes from 8/10/94 Finance Director IM City Soiicitor IntXoduCed For NEW BUSINESS Passage First Reading Referral Page of 94-404 Under the proposed option agreement, the consideration to be paid by Bangor Hydro for the requested easement would consist of the former Lauretta and Lorenzo Uaigle property, a 16+ acre lot located south of the Fuller Road in. Hermon, immediately west of the Bangor and Aroostook Railroad right-of-way. In 1989, the City acquired 43+ acres owned by the Daigles immediately east of the Bangor and Aroostook right-of-way. At that time, the City considered acquiring the balance of the Daigles' property, but did not do so becausewewere unwilling to pay the Daigles' $36,000 asking price. Bangor Hydro has since acquired the Daigle lot. Currently, the Daigle lot constitutes an in -holding between other City of Bangor lots located east of the Bangor and Aroostook right -o£ -way, north of Fuller Road (Rogers and Shapiro lots), and the Hermon bog property (see sketch). This item was reviewed by the Airport Committee at its meeting on August 10, 1994, with approval recommended. 94-404 Assigned to Councilor Shubert September 12, 1994 ;.v CITY OF BANGOR (TITLE) Mrber Authorizing City Manager 11 to E 1. xe1. c 11 ute option Agreement with Bangor -Hydro electric Company . BY ate cam CMMMB of the WN gmadon TWT the City manager is hereby authorized, on behalf of the City of Bangor, to execute acertain "Option to Purchase" granting to Bangor Hydro -Electric Company a 24 month option to purchase a 150' wide electric utility easomment across lands of the City of Bangor located in Hermon and Bangor at the northeasterly end of the Bangor International Airport NE -SW runway. A copy of Said Option to Purchase being attached hereto and incorporated herein by reference. 94-404 O ROER Title, In City Council September 12.1994 {: Authorizing City Manager to Execute Option Passed Councilors Cohen 6 'Tyler Abstain Agreement with Bangor Hydro Electric Company City lark fievagned to ......... C ouncilmen IL� OPTION TO PURCHASE SHOW AM Mae ByEENS, the CIM OF BANGOR, a municipal Corporation located in Me County of Penobscot. aOd State of Maine, being Of certain lands located in Ne t County of _— nobscot, State of Marne, hereinafter Called Optionor, nandescribed as Penobscot, via: £a6sl_ll ' Being the aame Problem c veyed by To Daigle and bewails M.Daigle to tbeoity of Bangor herein by deed dated June 8, 1989, aad recorded to me Penobscot County Registry of needs in Book 4454, Page 196, �a5s91_21 Being two separate lots conveyed to the Glamor herein by various Scads recorded at the Penueewt County Registry of Deeds; said deeds berg .....ded ae follows: Lot A: .. a. Anthony DSangelie dated February 30, 1982 and recorded in Book 3263, Page Sw (1/18 interest Teresa N. governor dated Pabraery 12. 1982 am recorded in Beak 3263, ,xv Page 189 (1/6 Interest 117 Diana I. Dixon dated February 12, 1982 and recorded in Back 3263, Page 191 (1/6 I'D ¢est) Joseph Rogers dated February 17, 1982 and recorded in Book 3263, Page 193 (1/6 interest) angalie dated February 25, and recorded in Book 3263, Pr Page 321, (1/18 interest lFy Cam11 Grace Cooper dated Me[G 16, 1982 and recorded in Book 3268, Page 311 (1/1B interest am The above Grantors being arms of the heirs nM next of kin of Mansle Rogers, deceased, intestate, in Bangor, Maine on April 29, 1973. v Abraham Shapiro dated March 9, 1982 and recorded in Book 3264, Page Z 234: Bamboo Shapiro dated March 9, 1982 and :.cordae in Book 3264, Page a236;B being further described m and the remaining interests cquired by virtue of a Order of Commutation adopted by the .� Bangor City Council, the mmunicipal officers of said City of Bangor on April 12, 1982, a certificate of said Order being dated April 21, 1982 and recorded at the said Registry of Deeds 1n Book J.v 3274, Page ll6; for consideration fail by BANGOR SFORO-BLBCTRIC COMPANY, a. Maine corporation having its principal place of business at Bangor, County of -�� ..b.coq State of Maine, hereinafter Dallas Optimal, [ receipt whereof t is hereby acknowledged, does heregiant to angor Q dronelectric Company, NM3l�tk (Yccnseors eM assigns, the exclusive Option to change by quit -claim ,ppM Nt: }413��CeibYry.'9y1 covenanthedxo eiac[ren Cunea by Lorenzo J. Daigle and Lauretta YGH'['ece[deoto Bangor in Hyd Registry in Book pang byy dead dated October 29, 1993 ,.dOptionr far the easement rights described in a certain ... •event documee 218 with nt, said easement 7A: Zld WemPikENl.inGExhibithOA- doesiin le`luddeaa o i cttaide'strriip of hand within the bounds of the Daigle parcel being exchanged. Therefore, Me sequence of the exchange shall be as fallova: 11veyance of said Daigle land by Bangor Hydra -Electric Company to n city of Bangor. 3) Conveyance Of a [ rights exhibit ^A City Of Bangor to r Bangor Xya-Elec[ricCompany. T Terms and Conditions 1. OOntio.. This option shall resonance On the data hereof and expire twenty-ewr (39) months from the date hereof unless extended or exercised in sh accordance with the teres hereat. Exercise of the option all bemade by Cyclone's delivery to OptNwor of a Written natio f o theirintention to aexercise amid option, arcus shall be given tOptioned Bangor angorin said Penobscot County, we ine. _^ Access. During the term of this option a any e,tension te n [hereto, Options's agents and/ortptionor a all have a freedom of access ce s to the Premises. Optioned will not incarnate with O[tionoe•s amass to the premises: will notinterfere with Optioneete eating as hereafter provided; and will not materially alter the Premises. Opticnee shall have the right to conduct ro ary a veva, Mather perimeter, topographic, o otherviae; -+- any and all inSpectiona; conduct water and soil testa; or here; conduct amuse with the parties; conduct and carry Out any ane al enginerring studio add operationswhich Opti may desire, � removing underbrush other necessary vegetation 1 Order opfo above activities, era a.a than activities o permanent damage to adjoining propertyor to the Premises themselves. 3. Representations a NO warranties of artioncr. (A) Title to Premises - Said easement shall he c veyed free And clear of all liens, encumbrances, restrictions and a ement,. All [ ane other assessments a ...... a a other than the current municipal year hale bell (B) There a outstanding claims or litigations at law or in equity, sand no PendingProceedingsbefore any commission or other administrative or regulatory authority relative to the Premises, or, to Optlonor's knowledge, threatened against Optionor relative to the Premises. .+. wbiliry t If optionor Shall be unable to. convey the easement rights described in the document attached hereto as Exhibit A', aaP r making a diligent effort do a n Optienae may sand deliveryofthe casement document subject to such defect, or this -"' agreement shall cease and all other obligations of Optionor shall likewise cease, without recourse to Optionor and optioned. —"m 5.Time. extension of any tine limitation herein may be made by agreement of the party or pamyB attorneys in writing. 6. Awe options may design this document. It, the said City of Bangor has caused this instrument NEAREST, this 17na day of SA, 1996. ., ee Big Ey: lwy Edward A. Barrett SPATE OF MAINE City Menage: County of Penobscot, ss. September 2$ 1994. Personally appeared the above-;ammd Edward A. Barrett, City Manager veend acknowledged a foregoing instrument to be M, free am and dead and the free ac[ and deed of said City of Bangor. Before me, ._.. Notary wbssc IW/ 4196 Print Name of Emery: �F#A! LFO CQREy . .. EXHIBIT epn municipal MEN BY TIAESE PRESENTS, the CITY OF BANGOR, corporation located County a OOD... to I'd Star, OOMaine, being the o of Certain 1laMa located in the t of X County of _w Penobscot, State Of Maine, and described as follows,ivi¢ Parcel Ii Being the same premises conveyed by Lo Daigle and Jenrette M. Daigle to the Grantor herein by deed dated June e and recorded a Penobscot ense County Registry of ead, in �y Book 4454, Page 196, 3awY2 'mOM Being two separate lots Conveyed to the Grantor herein by various deeds recorded at the Penobscot County Registry of Deeds; said deeds being recorded as follows: Lot A: Anthony Diangalia dated February 10, 1982 bad recorded in Book 3263, Page 189 (1/le interest) Teresa M. Bouseher dated Pebrua[y 12, 1982 and recorded In Book 3263, Page 189 (1/6 inks ... t) Diana I Of Ron dated February 12, 1982 and or..rd.d in Book 3263, Page 191 (1/6 interest) +nr Joseph Rogers dated PeLruery 13, 1982 and recorded in Book 3263, Page 193 (1/6 interest) nrie Dinpeli¢ dated February 25, 1982 and recorded in Book 3265, Page 321, (1/18 interest) Camii Grace Cooper dated March 16, 1982 add recorded In Book 3268, Page 311 (1/18 interest) s.. The above Grantor, being Room of the heirs and me" of kin of Xanaie Rogers, deceased, intestate, In Bangor, Maine on April 29, 1973. Lot B: Abraham Shapiro dated March 9, 1982 and recorded in Beck 3264, Page 234; Abraham Shapiro dated March 9, 1982 and recorded in Back 3264, Page 236; 4being further described in ani the remaining interests _ mind i[ed by virtue of an Order a£ Condemnation adapted by CAR Bangor CityCouncil, Me municipal al officers of said City of Bangor on April 12 a ri of said Ode[ being dated April 21, 1982 and recorded at the said Registry of Deeds in Back 3274, Page 136; .r.. Parcel -- Being the ROSS, premia.. Conveyed a Loren J. Daigle and w Laurette M. Daigle by dead da ed October 29 1993 and recorded in -� the said Registry of Dead, in Book 5492, Page 218t --^' to .... id,ration of One Dollar and other valuable o naide[ations, paid to the Undersigned by MOOR EYDRO- LBLTRIC COMPANY, a Maine corporation having its legal location and Principal place of business at Bangor, county Of Penobscot, sate of Maine, the receipt whereof 1¢ hereby acknowledged , does hereby grant to said Bangor Hydro-6Letric Company, its successors and assigns forever, the right,, privilege, and easements hereinafter a atforth which eaare to be exercised upon and with respect to the following described 150 t wide strips of2 and, via. Being a strip of lana one hundred fifty (150) feet in width for its entire length as lies within the Pound, of said premises conveyed by Lorenzo J. Daigle, at al to them 0 c herein, ated in PerPenobscot County (Parcel 1)aand . generally northerly from the generally southeasterly bound of acid promises by onangle poi s "fatly bound. The generally easterly bound of said strip11 50 fact asterly of and parallel with survey line a takmd cut on laid premises; Mile the generally westerly bound of said a rip is 100 eaterly of and parallel with said survey line, said survey line b ing d scribed as follows. Beginning at a Point located On the southeasterly bound of said premises, where it is intersected by the vey line, said point is also located approximately 065 feet, westerly o long said southeasterly b of said premises free a wire and cedar rail fence an ` near the City of Balgcr/Tin of Hermon town line, said Point alaebeing onhnerly bound of land conveyed by William C. Hughes, e o al [ Bangor Hydro -Electric Company by dead dated February 1, 1996 and recorded at the Pmnobscet County Registry of Deed¢ in Book 5626, Page 250, 1,0.90 feet to an angle Point being marked by TO... inch diameter2]reinforcing red set in the ground. Thence N 46s -3l'-00' N, 913,70 fwq More or lass, to the generally ly bound of a 'd premises, and theeasterly bound of lends of the Bangor and ofooakookRailroad; TTe survey line being narked by 1/2 inch diameter reinforcing reIt in theground, said strip of land contains ].25 a ar leas, bearings for the above described survey line are reference to the Feat acne of the Maine State Cooed inateSystem, Snip 2 Bei ng a strip of land one hundred fifty (150) feet in width for entire length as lies within the bounds of said premises acquired by the Grantor herein by Order of Condemnation, located in Hermon, hobs,,[ County (Parcel 2) and extends generally northerly from the o£ the Fuller Read, so-called, by me angle point to its northeasterly going. The 'generally easterly bound of laid strip is 9 feet easterly of fha ie S,111111 with a survey line a !eked out an a generally westerly bound o strip is ] 0 feet westerly of and Parallel with said survey line, said survey line sing described as follows: Beginning at B point located on the cn arline of Ne Fuller Road, so- called, -called, whecm it is intersected by thepurely lips, said point is also located approximately 645 sfelt, northwesterly of, ared along the centerline of said Puller Read, from its intersactiov with the centerline of the mainline tracks of the Bangor and prooatouk Railroad; ThencaN 01'-07'-65` E1,288.50 Feet, more or less, along aid survey line to n angle point, laid paint being narked by a Samuel hub driven into the giwnd. . Thence N 25- E along a line that is 25 feet southeasterly from Bad Parallel with anctha survey line On aid premises a distance o 262 feet, ore r less, to Ne northeasterly bound of said premises , Bound also being the southeasterly d erly bound of lans conveyed by MCO Coup. to Dermis R Measly by dead Dated April 2 , 1985 recorded at the Penobscot C m 5 y Regis Registry of Deady in Beak J6 said point also beioc located 0 feet ¢a theastarly If, a red11,19 said n southerly bound from a iron pin at or n r One most westerly conger Of said Xachey lanes; Timu,rvey line being Marked by 1/2 inch diameter reinforcing rode set in beefing ground, the above s contains Sarea fe, more r thes zona thin Marne State Coordinate systemm. acres, or me east Snip 3 Being a strip of lana o e hundred fifty (iso) fee in width for its entire length as lie, within the bound, of said fee premise,, located i nobacot County, Maine, conveyed to the rel, by the Grant,, hazel, by deed of 111, data, said tp oxtenaa southerly from the en erline of the Full" Road, so-called, by one angle point to its easterly bound. The generally easterly sideline of said strip is 50 feet easterly of and parallel with avey line a w staked c amid _ premises; while the generally westerly sideline of said strip is 100 feet westerly of and parallel with Amid survey line, said ,id,lin being lengthened , shoo rmina the blow, n e Greater, said war," line being described as follow¢. Beginning at a point located on the centerline of the said Puller Road where it is intersected by the survey line, said point is also located approximately 605 feet, northwesterly of, a measured long theerli,e of s d Faller Reed, from its .�, intersection with the centerline of aid mainline [tacks of the Bongo[ and Aroostook Railroad) -A Thence 8 03-_071-451 M 450.6 feet, more r leas, along said survey lin,, to 3/4^ c di ..far r ing rod capped with a yellow plastic map inscribed Wainwright BIG /1080, said rod marking the angle point' Thence s - r less, along said survey _.a line, to the generally easterly erly bound of said premise, and the Tlut erly bound of lands of the Bangor and Aroostook Railroad. , ,,,Ay line i railroad bound at a point ""` railroaad Round from`the cen[erlIne lof onemriiler Road. " aid ".= asaid strip ... tams e r less, and bearing for the bove-aescria survey lineaereferenced to th, -let zone of _the Maine state Coordinate System,GABBS. .�1h, rights, privileges a a hereby conveyed a s follows: The right to enter upon the strip, oP land hl"iwe[ore described at any time with me and conveyances and all necessary tools and mlhillryj t, dig holes, to erect, construct, reconstruct. creemce, remove, maintain, -`y operate, repair, rebuild, upgrade, and n e pales, towers, foundations, ,.unit,, dada, sw tons, transformers, and other structure, and apparatus used o U useful for ¢ [ electricity or for communication purposes, together with their strengthening supports, sufficient foundations and supports, all as the Grantee, it , successors sand signs, may from to time desire upon, alonga,and beneath said sip of land; the right e a, lay, bury, install. underrouct, maintain, operate,repair, upgrade, remove, Use and submarine cables, conduits, ducts, switching equipment, protective and safety devices, and other apparatus a Useful for th, t of electricity or for communication spurpcaes, all as the along, mass rs and &signs, may from time to time aesire 0au'oaaaM beneath said strips of land; one right to nstruct such roads along said s rips ,f lend as may be necessary Gary or convenient to provide access for such m conveyances, tools o machinery) thright to ingress toandegress free the eboveyes¢ibed strips of land over and a cea the law of the Grantor, its Successo a &sign&, by ^+ of toxo. and Islas, if a be such, otherwise by s routes as u shall cause the least practicable damage and inconvenfenca to the the right to transmit electricity over said wires, cables o ,. apparatus a any lawful pressure and for any lawful purpose, including the transmission of intelligence; the right [ clear end keep said strips of n T" land cl... Ad by any lawful me of trees, undergrowth and all other [batructional the right at any and all firms to entero adjacent land of , m, & and assigns, e r trim r such the growing amasser¢ , cat o move tree. growing m e the limits es said .[asps If lana which ere may, in the Opinlikely Of the G its s and assigns, rein. interfere with or be likely to int,rfgrowth cleared in he ivitiesexercise permitted herein. Any and all trees and growth erty of tb the ex e. ¢e of the herein described righty shall became Property o4 [h Grantee. 41 1 Also co veyiny o o said Basor Hydro-electriiC femoral, its s ce and assigns, tha Sght w assign w others, i els Ln part, any Or all and the light,, privileges W s n conveyed' go, Grantor w herein for itself, as its Successoor, and assigns, co am with i Bought Hydro -Electric Company, its ucas ora and assigns, that it will not r elect o maintain any building, mobilesuses, ,r Tiler structure, or permit the erection of maintenance If any building, mobile home, or other structure, of any wild or nature, within said strip, of land, any or all of which in the opinion of said Senor Hydro -Electric Company, its sueweaorm and assigns vnuld endanger inter£,,, with the "arolas of any of the rights, privileges and easements 80 conveyed. a�eaonveylrg to said Banger Hydro -Electric Company, i nd assigns, the riot to establish any an all sa£ety regulations whichSaid Burgo[ Hydro-Eleobrie Wspary, and anau. ...IS and assigns, in its sole discretidiscretion same sary and proper for the Operation of the rights herein granted and for the transmission of electricity or intelligence: any interference o violation by said Grantor, its s assigns, as detamminad by the ant*,, i u and assigns, saidsafetyregulations, shall constitute • interferenceWith aM violation of the rights, privileges and easezents hereby granted. provided, however, Nat 1f In the exercise of the aforesaid tights, privileges a amen any damage be caused by t negligence of the employee, or and ofSaidfn AZOaft®or- edm-electric the to the Costiguwe property ,Sade y: igneal �shall pay id eealeor yco,penectric ion thepanYP its refor to the c®pewat then "nor ofdsaid property. provided, however, that Bangor ¢aero -Electric Company Shall indemnify and save harmless .aid city of Baor from and against any liability, loss, damage, and fine,arising h of singer Hydro -Electric Compannt, activities heaseme area including hot om limited to environmental luiabilities. provided. hwever, to BangHyaro-electric Company shall comply With all 0 moiremenN, eor and not n t lical, visual o other interference with flight operations, radio navigation systems, or radio voice communicatimu. O the said rights, privileges and easements to said Bangor OLD it, a e,ou ssors and assigns forever. IN MITNEBB muspoOB, It, the said City of Bangor has mused Chia instrument to be executed by Its duly authorized representative this day of , A.D. 1990, City Of Bangor By: STATE OF NAING County of Penobscot, as: personally appeared the above-hined and acknowledged the foregoing Instrument to be f"S act and gaud and the flow act and dead of said City of senor. Before me, print Nene of Notary: Hoary Public 0 94-404 AIRPORT COMMITTEE MEETING AIRPORT MANAGER'S CONFERENCE ROOM WEDNESDAY, AUGUST 30, 1994 — NOONTIME Present: William Shubert, Chairperson Don Soucy, Mayor Tames Tyler, Member, City Council Ed Barrett, City Manager Bob Ziegelaar, Airport Director Absent: William Cohen, Member Richard Stone, Member Chairman Shubert opening the meeting at 12:00 M. The discus- sions were as follows: S. Sale of Aircraft. The Airport Director requested that the Committee consider Item 15, the Sale of Aircraft, first, in order to accommodate Mr. Robinson, the successful bidder. The Committee agreed and subsequently voted to endorse the Airport Director's recommendation to sell the aircraft to Mr. Robinson at the of- fered price of $51,300. The City Manager stated that the sale should also be endorsed by the city's Finance Committee, at its next session on August 15th. The Committee next considered the items in sequence as per the agenda. 1. Lease extension with Chambers Leasing. Upon the Airport Director's recommendation, the Committee voted unanimously to approve the lease extension negotiated with Cham- bers Leasing. This lease is identical to the previously approved leases with the Avis, Hertz, and National car rental companies. 2. selection of bid awards for Airport Improvement Projects. The Airport Director asked that the bid awards associated with the FAA sponsored project 017 be forwarded to the Finance Commit- tee, as recommended by the City Manager. 3. Discussion of Taxi Ordinance. The Airport Director briefed the Committee about the development of an airport taxi ordinance, and the various modes of transportation 94-404 to be regulated by that ordinance. Specifically, the differences between taxi, limousine and shuttle services were discussed. d. Selection of auditor for tenant audit. The Committee agreed to accept the proposal by Branner, Thibo- deau and Associates to perform certain auditing services for the Airport auditing program nOf randomlyaselected nt sairport ctenroutine tenants. 5. (See first item, above). 6. Bangor Hydro Right -Of -Way - The Airport Director recommended approval of a proposed transaction with the Bangor Hydro Electric co., whereby the Airport Department would grant the utility certain right-of-way privileges in exchange for a parcel of land to be donated to the airport by the utility. The benefit for the airport would be an increased buffer adjacent to the northerly segment of the ruttunit For thutility the 2o - transaction will result 'in an oppo y complete a new mile loop that will allow for thenewSewa tsCe to certainareas Of the City of Bangor, including 9e TreatmentFacility- The Airport Director stated that this is essentially a quid pro goo transaction and Chat future development of the area is un- likely to be affected inasmuch as the location in question is not a likely development site, essentially as a result of its proximity to the runway as well as the existence of significant "wetland" areas within the larger area involved. The Director further stated Cast he would like to take advantage of the utility's indicated willingness to sell to the Airport Department, at its original coat, an area of approximately 33 acres which abutts the areas to be traversed by the proposed ofawairrport landtto theaWestn t ald result in a very reasonable rther cost. "buffering" c st. Thecommittee voted to endorse the proposal to grant the right- of-way in exchange for the parcel of land offered and directed the Airport Director to further pursue the matter of purchasing the additional land. councilor Tyler refrained from voting in this matter. J.- Business Update - Delta Air Lines The Airport Director briefed the Committee about a request for quotation received from Delta Air Lines for services currently provided by the airline itself. Such services include baggage handling and general technical aircraft servicing. The Director explained that he had responded to the request and was awaiting a response. In the event that an agreement would be reached, 96-606 several new full-time positions would result and the airportos Aircraft Services Division would be able to increase its overall efficiency. a. AIP Projects. The meeting was concluded with a routine overview of the Airport Department's capital Improvement Program, for the purpose of briefing the committee about the overall status of the program and the specific rationales for individual projects. chairman Shubert closed the meeting at 13:00 hours