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HomeMy WebLinkAbout1993-06-14 93-322 ORDERCOUNCIL ACTION 93-322 Item NO. Date June 14 1993 Item/Subject: Authorizing Acquisition of Land for Bangor International Airport 1732 Union Street Responsible Department: Legal Commentary: The Air National Guard (ANG) Detached Alert Project, which involves the deployment of F-15 fighter/interceptor aircraft to the Guard's base at BIA, requires additional land at the northwesterly end of the airport to provide for a weapons clear zone (i.e. safety zone from potential explosion) and military security fencing. The Guard has asked for the City's assistance in acquiring this property for lease as part of the Guard's project area. Consideration from the Guard to the City for this additional land will come about as a cult of a renegotiation of the Joint Use Agreement between the City and the ANG. This project will involve a minimum of $8 million of new construction in that area of the airport. Flora M. Pembroke, a Maryland resident, is the current owner of this land. This Order would authorize direct City negotiations with Mrs. Pembroke for acquisition of the land concerned, as wall as provide the City and its agents the right of entry to the property fors rveys, soundings, boring or environmental assessment pursuant to 30-A M.R.S.A. 5 5403(9). This should also remove an impediment to construction of the ANG Detached Alert Project allowing a release of construction funds by the Federal Government.., Department Hand Manager's Comments: y Mena e Associated Information: Order, Correspondence from McANG Finance Director Legal Approval: N / City Solicfor VV Introduced For x Passage First Reading Referral Page 1 of 8 93-322 A igned,o Councllo. Cohen, ]uoe 14, 1993 CITY OF BANGOR (TITLE.) (OrtieX Authorizing Acquisition, of sand for Bangor International Airport--- 1732 Union Street Ba tNs OtN Cowmit o7fM1e C11Y ofBaspor: OBDMED, TEAT Bob 3iegelaar, Airport Director, and Erik Stumpfel, City Solicitor, are hereby authorized to enter into negotiations with Flora M. Pembroke for acquisition of 20 acres of land off Union Street, as shown on the attached sketch, being a portion of land described on City Tax Map M6, Lot 6, at 1732 Union Street. The final terms of acquisition shall be subject to the approval of the Bangor City Council. IN CITY COUNCIL Tune 14. 1993 Passed dy t� CITY ERR 93-322 ORDER Title, AutAorizing Aequisltion of Land for Gs ig ra InT¢ive[Smiel AixpoiC 1732 Onion Street an ....... `... . . 1........... Councilman ✓ 1 I ` Jltt ✓ io a. Jt' J1 I11I 9M aN✓1 19Fv •\ I \ \\ 111 F-S.i0f4 1 1 \\ I hl, 93-322 NGu.CS pPfiClJIE NF. IIII I q — ��pp 11 0% --� 'N.3 //✓r^ m � Lot N F ovmw 0.5-✓ LI: l �� 111 i IS^¢ - FAF:£•- trt° 1 .',96 4 ,1 PC4cELc! ' 9.ts Pc MII 5. bTc— 11 1 = 591J5 ,IIII,, 1 � 111 w ��= yro� I PdhCEb 11 +- � v 3t94c 11 ! 11 KSI eirYl. .. gi.s.wN Sa°�M W/.✓I / N5y°o 13'2 Yy mse ' „eo.o' D_F-GON_�I� , - � iorrc 1 773-5 is MARIE AIR NATIONAL. QJARla 101st AIR RFFUELINO WING <AgC) SWR, WBR FPABA. 101 CFS/DE 11 MAY 93 102 NARCI ST SUITE 515 BANWN US 04401-3051 SUB1: Acquisition of 20 acres +/- Flora Pembroke Property m: CITY SOLICITOR q" C CITY OF BAMOR y CITY HAIL - IFPaAL DEPT. S 13 HARifiv STREET r°r't4 4 7 i33 3 EANWR, NE 04401 4.c Z ATM, W. Erik oDfel DE City Solicitor ltor Mer Balk. On 1 April 93, LtCol Gusher Myrbeck sent a letter and map to Flora M. Pembroke outlining the need for the AMa in conjunction with the city of Bangor. to acquire 20 acres +/- by fee simple (warranty deed) or a a 'restrictive a event. SO also included a document for a Right of Entry to conduct boundary survey. environmental survey. and to prepare an appraisal I have tried to call bur on numarcas occasions since 27 April 93. Today. I finally reached her by telephone. and asked about her position to the letter/request. She indicated that she just gave the package to her lawyer, and Would contact us when she hears back from her attorney. I asked about the Right of Pastry. and she said we could not go on her property until she gets ward from her lawyer. In order to receive the letter of authority to advertise the Detached Alert Project and to receive the construction foods from NCA of S 8 million dollars, ve must have the property secured by the City prior to. 18 Tune 93 or at an absolute minimum. 1. Letter of intent from City of Bangor to procure the property as part of the Airport Joint Use Agreements 2. A copy of the court documental indicating that condemnation/ eminent domain proceedings have been scheduled with the court. We urgently Med your assistance. to ensure the successful construc- tion of this project. WISincerely, IA31 M. REUTEL. LTC. MCANG Base Civil Engineer Enclosure CC, 101 ARW/SFT/CC 101 AJgW/CC mm DEPARTMENT OF THE AIR FORCE RIGHT -OF -ENTRY for �'id�1 IdJJ:A�6" 101st Air Refueling Wing Penobscot County Registry of Bangor Air National Guard Deeds book 1880 pg. 257 and Bangor IAP, ME pg 259. An approximate 20 acre Installation portion of Parcel 6, Bangor Tax Map RS, located at 1732 Union Street Property Identification The undersigned, hereinafter the "Owner," in consideration Of the total compensation to be paid by the UNITED STATES OF AMERICA, hereinafter called the "Government," for all land or easement rights to be determined by subsequent agreement between the Owner and the Government, or by judicial proceedings, hereby grants the Government, a permit or right -of -entry upon the following terms and conditions: 1. The Owner hereby grants the Government an irrevocable right to enter upon the lands hereinafter described at any time within a period of eighteen (18) months from the date of this instrument, in order to determine the prospective boundaries by theplacement of blazes and survey markers upon "Owners" land, establish a market evaluation of the proposed property to be acquired, and conduct an environmental baseline survey of the premises. 2. This permit includes the right of ingress and egress on other lands of the Owner not described below, provided that such ingress and egress is necessary and not otherwise conveniently available to the Government. 3. All tools, and other property taken upon or placed upon the land by the Government shall remain the property of the Government and, with the "caption of survey markers and blazes, may be removed by the Government at any time within a reasonable period after the expiration of this permit or right -of -entry. 4. It is understood and agreed that if the Government does not require title or other necessary interest in said land prior to the expiration of this permit or right -of -entry, or any renewal thereof, the Government agrees to be responsible for any damage arising from the activity of the Government, its employees and/or contractors on said lands, in the exercise of rights under this permit or right -of -entry, and shall repair such damages, or, in lieu thereof and at the option of the Government, shall make an appropriate settlement with the Owner. The land affected by this permit or right -of -entry is located in the County of Penobscot, State of Maine, and is described as follows. Approximately 20 acres the southern -moat border being immediately adjacent to City of Bangor land at the Northwesterly (Hermon) end of the Bangor International Airport Runway and bordering on the east by land purchased by the City of Bangor from Charles W. Sprague, Sr. on the north by remaining land of Flora M. Pembroke described in Bangor Tax Map 5, parcel 6, and on the west by the most easterly sideline of Marren A. Hall and Mary L. Hall with Flora Pembroke the proposed use of the above described parcel is to be used as a Detached Alert Facility for F-15 Aircraft. Date: Flora Mable Pembroke owner cf:ROEMYR .ma. Wham :, Fwj Oen Nelom E. owsin VICES pEPA RiMFNT o/ DEFENSE EISR NS SEA/ CAMP KEYES i AUGUSTA, MAINE 04333 f (207)644-9331 1 April 1993 Dear Mrs. Pembroke: RE: Real Estate/portion of premises located at 1732 Union St., Bangor Tax Map Rs -lot #6 Book 1880 pg 257 and Book 1880 pg 259 In our telephone conversation of Tuesday morning, I informed you of the interest of the Maine Air National Guard (in conjunction with the city of Bangor) in obtaining either an easement to, or outright purchase of, the lower portion of your back property, adjacent to the northwesterly -end (the Hermon end) of the runway at Bangor International Airport. The reason for the proposed acquisition is to enable the 101st Air Refueling Wing (101 ARW) to fence around the yet -to -be -constructed alert hangar for the P-15 fighter/ interceptor aircraft. The fence is necessary to create a "Quantity Distance" (QD), which is a form of "buffer surrounding warmed but potentially dangerous weaponry stored for the F-1315. In the interest of Safety, there are stringent requirements for the buffer zone, to prevent access by unauthorized persons. Further requirements prohibit structures within the zone, so the buffer (which would overlap onto your property) is effectively left in its present natural state. Your land would not be disturbed except for the early placement of unobtrusive survey monument and, potentially, the later placement of a fence. With structures being ruled out within the QD, we have some flexibility in the means of acquisition. The standard means of acquisition isawarranty deed, but at your preference this. requirement can be achieved alternatively with an easement. Through an easement you retain ownership, and usage of the land by us is strictly limited to the purposes outlined within the document. - If you prefer an easement I would need to have you aware of unusual considerations peculiar to this application. The conventional notion of an easement implies that the owner retains "beneficial use of the property", either exclusively or i conjunction with the use of the beneficiary of the easement. Such would NOT be the case here, for the reasons stated above. Essentially, the easement or QD would be Ifurnasablea to either of except as a "natural screen" and safety device; the land would essentially remain vacant. The Maine Air National Guard has zone in the future. The land could not be built upon or altered except for the previously -mentioned surveying requirements and the potential for later fencing, if determined to be required by military security regulations. I can understand any reluctance you might have concerning the division of your property; property which has probably remained intact within your family for several generations. The Air Guard can only acknowledge, but can never fully appreciate, your sentiments for the land which represents a part of your family's rich American heritage. Looking at our proposed acquisition from another perspective, however, your participation through the Guard's ability to gain use of this property, you would be doing great service to the City of Bangor and the Maine Air Guard in placing a comparative advantage and capability over other military installations which, as you're no -doubt aware, have been closed as a result of military Cutbacks. The 101st ARM continues in a long military heritage and the tradition established by Dow APB in being one of the major economic foundations of the greater Bangor community. The Maine Air Guard's contribution goes well beyond wages and military construction, in providing a large portion of the capability of Bangor International Airport to serve both the civil and military aviation communities, and to contribute to the general quality of life of Maine's citizens in a number of related issues. Please review the enclosed sketch of the tentative boundaries, outlining the portion of your property in question. We would appreciate it if you, as owner of these premises, would accommodate our immediate needs in allowing us to take the necessary preliminary steps of confirming the gD with a site survey; and to allow our assessors to make a baseline determination on the value of the affected property in order to form the basis for further discussion, should you decide to negotiate on our acquisition. Please sign and return the enclosed right -of -entry. A stamped, self-addressed envelope is enclosed for your convenience. GDMMAR C. A, LTC, McANG Judge Advocate