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Home My WebLink About1992-12-14 93-60 ORDERAcon Date counni12-14-92 Item No 93-60 ORDER, Authorizing City Manager Exhange Deeds with Item/Sub'oi: Hews Company, Inc. for the Purpose of Defining a tion of the Bangor International Airport Boundary Line. Respmuible Department: Legal Department Commentary: The purpose of this item is to fix the location of the boundary between Bangor International Airport and a parcel currently occupied by Hews Company, Inc., in the Hildreth Street North area. Various deeds, takings documents and plans previously recorded at the Penobscot Registry of Deeds provide conflicting evidence for the location of the Airport boundary in this area, as summarized in the attached memorandum and sketches of the City Solicitor dated October 8, 1992. Based on an examination of the relevant documents and plans including various orded plana on file in the City Engineer's office, I have concluded that line "C" in the attached sketch is the most probable location of the true boundary. Line "C" is also consistent with the City's previous assumptions about the location of the Airport boundary. The attached release deeds, when a cuted and recorded, would establish the Airport boundary along line "C% This item has been reviewed on several occasions by the Airport Committee, which recosmoends approval. -�}fD�epvmmmtHwd Manager's Comments; /, I�--tea¢ d„I 1(`DI nl' 1/1M.`..Vy>•'W,•rv"•"A„^"LUPQ. City Mauvgn Associated Information: Order, Deeds, Sketch a Memo Budget Approval: F111o, DiM011 Legal Approval: 2 'd 4" City 5,1. mem Introduced For ED passage pap -01 First Reading G Rance] 93-60 Agagned to Councuor Sax,, December 14, 1992 CITY OF BANGOR (TITL6) WTBP.ry.._.............Authorizing .-City- Manager - Exchange_ Deeds._ with..._. Hews Company, Inc. for the Purpose of Defining a Portion of the Bangor International Airport Boundary Line. By the ory CswwR of Cast Ofh4tvss ORDERED, TWT The City Manager, upon approval of the Federal Aviation Administration, Is hereby authorized to execute and exchange release deeds with Hews Company, Inc. or its successors in title, for the purpose of confirming the location of the common boundary between the City's Bangor International Airport and a parcel currently occupied by Hews Equipment Co., Inc. in the HildrethStreet North does, re, copies of said release deeds being attached to this Order. I 93-fi0 ORDER IN CITY CDunCIL Title, December 14, 1992 Passed - Authorizing City Manager Exchange Deeds with r Hews Company. Inf. for the Purpose of Defining CI LEPK a Portion of the Bangor International Airport r 9 t Awipud to ........V Councilman h. 4 _ 93-60 RELEASE DEED HEWS COMPANY, INC., a corporation organized and existing under the laws of the State of Maine, and having a principal place of business at Portland, Maine, for no consideration, hereby releases to the CITY OF BANGOR, amnicipal corporation organized and existing under the laws of the State of Maine, its successors and assigns, the land in Bangor, Penobscot County, Maine described as follows All that portion of a parcel now occupied by Hews Company, Inc. under a certain Lease -Purchase Agreement with Boyd Brown Development Corporation dated December 27, 1991 and recorded in volume 2309, Page 306, Penobscot Registry of Deeds, and under a certain Quitclaim Deed from Boyd Broom Development Corporation dated February 5, 1990 and recorded in Volume 4737, Page 316, Penobscot Registryof Deeds, lying ncutherly of a line described as follows, Beginning at a 5/8" iron rod set on the westerly line of the parcel described in volume 2309, Page 306, Penobscot Registry of Deeds, at a point two thousand nine hundred seventy-six and four hundredths feet (2,976.041) northerly of the northerly line of Hammond Street, as measured on a curse North 080 19' 20- West from the northerly line of said Hammond Street; thence North 880 40' 55" Bast adistance of eight hundred seventy-eight and fifteen hundredths feet (878.15') to an iron rod set on the easterly line of the parcel described in Volume 2309, Page 306, Penobscot Registry of Deeds.. The location of said iron rods being further Identified as points "A" and "B" on a plan titled "Standard Boundary Survey of Land of Hews Equipment Company, Hildreth Street North, Bangor, Penobscot County, Maine" dated December 3, 1990, prepared by Michael J. Avery, Registered Land Surveyor, said plan to be recorded herewith and to which reference may be had. The purpose of this Deed and of a like Deed of even date from the City of Bangor to Hews Company, Inc., to be recorded herewith, is to fix the location of the common boundary between lands of the City of Bangor known as Bangor International Airport and the parcel now occupied by News Company, Inc. pursuant to volume 2309, Page 306 and volume 4737, Page 316, Penobscot Registry of Deeds. 93-60 IN WITNESS WHEREOF, HEWS COMPANY, INC. has caused this Deed to be sealed with its corporate seal and signed by its thereunto duly authorised, this day of December, 1992. (By) Witness HEWS CONFANY, INC. Its STATE OF MAINE Cumberland, s . December _, 1992 Then personally appeared the above-named and acknowledged the foregoing instrument to be his free act and deed in his said capacity on behalf of said corporation. Before me, Notary Public/Attorney-at-Law Printed Name: Bev RELEASE DEED The CITY OF BANGOR, amunicipal corporation organized and existing under the laws of the State of Maine, for no consideration, hereby releases to NEWS COMPANY, INC., a corporation organized and existing under the laws of the State of Maine, and having a principal place of business at Portland, Maine, its successors and assigns, the land in Bangor, Penobscot County, Maine described as follows: All that portion of a parcel now occupied by News Company,. Inc. under a certain Lease -Purchase Agreement with Boyd Brown Development Corporation dated December 27, 1991 and recorded in Volume 2309, Page 306, Penobscot Registry of Needs, and under a. certain Quitclaim Deed from Boyd Brown Development Corporation dated February 5, 1990 and recorded in - Volume 4737, Page 316, Penobscot Registry of Deeds, lying southerly of a line described as follows: Beginning at a 5/8" iron rod set on the westerly line of the parcel described in Volume 2309, Page 306, Penobscot Registry of Deeds, at a point two thousand nine hundred seventy-six and four hundredths feet (2,976.041) northerly of the northerly line of Hammond Street, as measured on a course North 080 19' 20" West from the northerly line of said Hammond Street; thence North 680 40' 55" East a distance of eight hundred seventy-eight and fifteen hundredths feet (878.15') to an iron rod _ set on the easterly line of the parcel described in Volume 2309, Page, 306, Penobscot Registry of Deeds. The location of said iron rods being further identified as points "A" and 'B' on a plan titled "Standard Boundary Survey of Land of Mesa Equipment Company, Bildreth Street North, Bangor, Penobscot County, Maine" dated December 3, 1990, prepared by Michael S. Avery, Registered Land Surveyor, said plan to be recorded herewith and to which reference may be had. The purpose of this Deed and of a like Deed of even date from Hews Company, Inc. to the City of Bangor, to be recorded herewith, as to fix the location of the ccummon boundary between lands of the City of Bangor known as Bangor International Airport and the parcel now occupied by News Company, Inc. pursuant to Volume 2309, Page 306 and Volume 4737, Page 316, Penobscot Registry of Deeds. 93-60 IN WITNESS WHEREOF, the City of Bangor has caused this Deed to be sealed with its corporate seal and signed by Edward A. Barrett, its City Manager thereunto duly authorized, this day of December, 1992. CITY OF BANGOR (By) Edward A. Barrett City Manager STATE OF MAINE Penobscot, as. December _, 1992 Then personally appeared the above-named Edward A. Barrett, City Manager, and acknowledged the foregoing instrumeat to be his free act and deed in his said capacity, and the free act and dead of said body corporate. Before me, Notary Public/Attorney-at-Law Printed Name% 93-60 October B,-1992 To: Airport Committee PROM: Erik Stumpfel, City Solicitor RE: da I h Attached to this Memo are two sketches which depict the ' general location of the City's boundary line issue with Hews equipment Company, and which show four possible locations Of the. RIA -HEWS boundary, based on the conflicting deeds, recorded and unrecorded plans, surveys and monuments. I thought these sketches might be useful in the Committee's discussion of this issue at tomorrow's meeting. Bob Hews has asked the City to release its interest, if any, in the area south of the existing fence line, depicted as "Line w on the second sketch attached. Mike Avery, Hews' surveyor, has .given his opinion that the moat probable location of the actual boundary is "nine C". The recorded deeds and takings documents support "Line D", as does the location of an iron pin found in the course of Mike Avery's 12-30-90 survey plan for Hews Equipment Company. One recorded plan depicting the abutting lots would support a boundary shown as "Line A" in the second sketch attached. My recommendation is that the Committee recommend a compromise, establishing the boundary along -Line C•, without compensation by either side. E.S. tc Attachments pc: Bob Ziegelaar Ed Barrett Don Buffington NV,020'J Na' '3 rA spa aNx rd $mlr. I"=soe' y$ Sdekti DiA yy s68°aYoo°W a �'t x y - Skefr�a el 6iA a{ ikwpM{"'kl 3i^ bow°'ary (P°rht°w). co MO a cola p"'.Y 5°'� ,«d � 2 Azsrriaks pb, Awkd. 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