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
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Councilman
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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