HomeMy WebLinkAbout1992-01-27 92-98 ORDERDate `V1-27-92 Item No. 92-98
Iteeufag t: Authorizing Sale of City-owned Property on Downing
Road (1.92 acres) to Daniel Sprague
Responsible Department; Legal
Commentary:
In Jane, 1989, the City of Bangor acquired a 10.18 acre parcel
fronting on the southerly side of Downing Road from Harvey and
Daniel Sprague, owners of a proposed residential subdivision at
that location. The City acquired the landonrecommendation of our
airport consulting engineers, Boyle, Tanner and Associates, in
order to control potential future development adjacent to Bangor
International Airport, including the proposed residential
subdivision, and to avoid future noise damage claims against the
City. The City's acquisition parcel contained 1,000 feet of
frontage on the southerly side of Downing Road. The total price
paid by the City for the 10.18 acre parcel was $125,000.00.
Hore recently, the City has acquired a parcel containing 859 feet
of frontage on the northerly side of Downing Road. In addition,
cont'd on next page
DrsU1111,11t Hold
Manager's Commentz—D 4
bA
CUOA /V09A1
Associated Information: Qxder, Deed
Butlget Approval:
Ph"'Ce nirc
Legal ApprovaC
Acting cciiirryns`oF
Introduced For _
passage
❑ First Reading - --- Page _ of
❑Referral.
92-98
A.eped to Coosulor B ld...i, January 27, 1992
i CITY OF BANGOR
(TITLE.)Mrlbtr,............. .__.AntMrizing.sale_of.. City-DWned. Property on
Downing Road (1.42 acres) to Daniel Sprague
....... I....----- -------- _".___ ......... __. ..__ .....
By the City CawmH of the Cal of Amnste:
ORDERED, .
THAT
the Acting City Solicitor is hereby authorized to sell a
1.42 acre parcel of land owned by the City of Bangor to Daniel Sprague
.for a price of Seventeen Thousand Seven Hundred and Fifty Dollars
(517,750.00), said parcel of land being the same described in a draft
Municipal Quitclaim Dead attached to this Order.
The parcel described is a portion of the land previously
conveyed to the City of Bangor by Harvey and Daniel Sprague by their
Warranty Deed dated June 27, 1989, acquired by the City for airport
purposes. The 1.42 parcel affected by this Order has been determined
to be surplus to the City's .current and anticipated future airport
needs.
e 92-98
ORDER
In City Council Janawy 37x1992',
Passed Title,
ann Coming
Sale 1. City 0snes) t PDaniel
an Dorizi�C goad (1.1,2 Acres) is rowt
dty eel k
......�................... .. .........•
Aeeipud to
Councilman
r)�
TM
92-9D
I
The CITY OF BANGOR, a body corporate, located at Bangor,
Penobscot County, Maine, for consideration paid, releases to DANIEL
G. SPRAGUE of Bangor, in said County and State, all its right,
title and interest in and to a certain lot or parcel of land
situate in the City of Bangor, County of Penobscot, State of Maine,
located on the southerly side of Downing Road, so-called, and being
more particularly described as £ollowsn
Beginning at a #6 rebar found on the southerly
line of Downing Road, so-called, said rebar
defining the northerly corner of the parcel
conveyed to the City of Bangor by Harvey R.
Sprague and .Daniel G. Sprague by their Warranty
Deed dated June 27, 1989 and recorded in volume
4469, Page 96, Penobscot Registry of Deeds;
thence by and along the northeasterly line of
said parcel, South 360 28' 58" East 446.76 feet
to a #6 rebar found in the northerly line of
land of Edwin L. Colburn; thence by and along
said Colburn land South 549 54' 00" West 137.45
feet to a point; thence through lands of the
Grantor North 369 30' 04" West 443.95' to a
point on the southerly line of Downing Road;
thence North 549 30' 45" East by and along the
southerly line of Downing Road 141.00 feet to
the point of Beginning;
Containing 1.42 acres, more or less.
Being an approximately rectangular lot off the
northeasterly end of the parcel previously
conveyed to the City of Bangor by Harvey R.
Sprague and Daniel G. Sprague by their Warranty
Deed dated June 27, 1989 and recorded in volume
4469, Page 96, Penobscot Registry of Deeds, the
purpose of this deed being to adjust the
boundary of the parcel described in said
warranty deed.
Bearings contained herein are referenced to
observed magnetic north, 1988, in accordance
with a standard boundary survey by Richard N.
Perry, Jr., dated October 28, 1988, titled
"Preliminary Subdivision Plan of Downing Woods"
done for Harvey R. Sprague, Owner -Developer,
and encompassing the land conveyed herein.
revised noise studies by Hoyle, Tanner and Associates have resulted
in a relocation of projected future noise Contour linea at MIA in
the Downing Road area in a generally southwesterly direction.
accordingly, a portion of the. parcel acquired in June, 1989,
containing 141 feet of frontage, is surplus to the City's
airport -related needs.
The attached Order would authorize a sale of the surplus parcel
back to Mn Sprague, one of the original owners of the property.
The sale price would be $12,500/acre, which is slightly more, on a
per acre basis, than the City originally paid for the land. Sale
of this parcel would also enable Mr. Sprague to obtain final
approval for a four lot residential subdivision on adjacent land
not acquired by the City. Mr. Sprague currently needs an
additional 15 feat of road frontage to comply with current City
zoning requirements as to the fourth lot.
The said CITY OF BANGOR has caused this instrument to be
sealed with its corporate seal, and signed in its corporate name
by , its , thereunto
duly authorized this day of January, 1992.
CITY OF BANGOR
By: _
Title:
STATE OF MAINE
Penobscot, as. January , 1992
Then personally appeared the above-named and
acknowledged the foregoing instrument to be his free act and deed
n his capacity as , and the free act and deed of
said body corporate.
Before me,
Notary Public/Attorney-at-Law
Printed Name:
March 10, 1992
TO:
Bob
Eiegelaar,
Airport Director
FROM:
Erik
Stumpfel,
City Solicitor
RE:
Sale
of City -Owned Property on Downing
Road
(1.42 acres)
to Daniel G. Sprague
This morning I finalized the sale of a 1.42 acre parcel of
land owned by the City and located on the Downing Road to Daniel
Sprague for a price of $17,750. The City Council authorized this
transaction pursuant to Council Order #92-9E passed on January 27,
1992.
Enclosed please find a copy of the Quitclaim Deed and
Closing Statement. I have also forwarded copies of these documents
to other City staff listed below. In addition, I have forwarded a
copy to the PAA for their records. The check and acompanying
documents were delivered to John Quartarare•s office this morning.
If you have any further questions on this, please feel free
to call.
4.
S.
E.E.
to
Enclosures
PC; Ed Barrett
John Quartararo
John Lord
Jim Ring
Assessing
9inss=MCR€aii9s-"a
MUNICIPAL QUITCLAIM DEED
The CITY OF BANGOR, a body corporate, located at Bangor,
Penobscot County, Maine, for consideration paid, releases to DANIEL
G. SPRAGUE of Bangor, in said County and State, all its right,
title and interest in and to a certain lot or parcel of land
situate in the City of Bangor, County of Penobscot, State of Maine,
located on the southerly side of Downing Road, so-called, and being
more particularly described as follows,
Beginning at a #6 rebut found on the southerly
line of Downing Road, so-called, said meter
defining the northerly corner of the parcel
conveyed to the City of Bangor by Harvey R.
Sprague and Daniel G. Sprague by their Warranty
Deed dated June 27, 1989 and recorded in volume
4469., Page 96,. Penobscot Registry of Deeds;
thence by and along the northeasterly line of
said _parcel, South 366 28. 58" East 446.76 feet
to a #6 robot found in the northerly line of
land of Edwin L. Colburn; thence by and along
said Colburn land South 540 54. 00" West 132.45
feet to a point; thence through lands of the
Grantor North 360 56. 30" West 445.91' to a
Point on the southerly line of Downing Road;
thence North 540 30. 45" East by and along the
southerly line of Gowning Road 141.00 feet to
.the point of Beginning;
Containing 1.42 acres, more or less.
Being an approximately rectangular lot off the
northeasterly end of the parcel previously
conveyed to the City of Bangor by Harvey R.
Sprague and Daniel G. Sprague by their Warranty
Deed dated June 27, 1909 and recorded in volume
4469, Page 96, Penobscot Registry of Deeds, the
purpose of this deed being to adjust the
boundary of the parcel described in said
warranty deed.
Bearings contained herein are referenced to
observed magnetic north, 1988, in accordance
with a standard boundary survey by Richard N.
Perry, Jr., dated October 28, 1988, titled
"Preliminary Subdivision Plan of. Downing Woods"
done for Harvey R. Sprague, Owner -Developer,
and encompassing the land conveyed herein.
The said CITY OF BANGOR has caused this instrument to be
Baled with its corporate seal, and signed in its corporate name by
Erik M. Stumpfel, its Acting City Solicitor, thereunto duly
authorized this /O {N day of March, 1992.
CITY OF
�
OFF BANGOR
&t
Witness�—
Title: Actino City Solicitor
STATE OF MAINE
Penobscot, as. Mash /O , 1992
Then personally appeared the above-named ERIK M. STUMPFEL
and acknowledged the foregoing instrument to be his free act and
deed in his capacity as Acting City Solicitor, and the free act and
deed of said body corporate.
Before me,
Notary Public O</
Printed Name: TER9I LEE COSEY
No%. Psa'c, S?7a 0: Mahe
My comm. 52;25•`3
CLOSING STATEMENT
CITY OF BANGOR
SELLER'S ACCOUNT
1.
yaof Bangor
Name and Address of Owner: City
73 reet
Bangor, Maine 04401
2.
Identification of Property: 1.42 acres on Downing Road
Bangor,
City Tax Map AA=5,
Lot ,Q
3.
Current Tax Year = 01 -Jul -91 to 30 -Jun
-92
4.
Closing Date = - March 10, 1992
S.
Number of Days from Beginning
,of Tax YeartoClosing Date -
6.
Purchase Price $19,750.00
7.
ADJUSTMENTS:
a. 1991-92 Real Estate Taxes Owed
n/a
b. 1991-92 Real Estate Taxes Paid by Seller
= n/a
C. 1991-92 Special Assessments Paid by Seller
= n/a
d. Outstanding Sewer Bills
e. Recording Fees - Buyer to Record Deed
= n/a
f. Amount Due Mortgagee =
n/a
TOTAL ADJUSTMENTS
($ 0.00)
B.
AMOUNT DUE SELLER:
a. Purchase Price -
$17,750.00
b. Current Year Taxes Paid by Seller
1991-1992 Real Estate Taxes
Paid by Seller = n/a
1991-1992 Special Assessments
Paid by Seller = _/a
Total Taxes/Assessments Paid .= $ 0.00
C. Current Year Taxes Owed By
Seller to Closing Date
Real Estate Tax Per Diem = n/a
Special Assessment Per Diem = _ a
Total Tax Per Diem = $.0000
Number of Days Tax Owed by
Seller = 0
Amount Owed by Seller to
Closing Date = $ 0.00
d. Pro Rata Taxes Due Seller =
0.00
e. Adjustments
( 0.00)
NET DUE SELLER -
$17,750.00
9.
CHECKS PAYABLE TO:
City of Bangor $17,750.00
Daniel G. Sprague hereby
acknowledges receipt of this
Statement.
..Witness r us
Date: March 10, 1992
92-98
Amigned la Cnnntilur Balden January 27. 1992
CITY OF BANGOR
GIRL) VIYrbCr,-----_._...Authorizing . Sale.. of -City-Owned. Property .on
Downing Road (1.42 acres) to Daniel Sprague
BY tiff City Caused of Me CUy OfBanm r:
ORDERED,
TMAT
the Acting weed by the Ci is hereby authorised to sell a
1.42 acre parcel ve land owned by the City of Bangor to Daniel Sprague
for a price of Seventeen Thousand Seven Hundred and
de Fifty Dollars
unicipal(I 01, said panel of land being the same described in a draft
Municipal Quitclaim Deed attached to this Order.
The parcel described is a portion of the land previously
conveyed to the City of Bangor by Harvey and Daniel Sprague by their
Warranty Deed dated June 27, 1989, acquired by the City for airport
purposes. The 1.42 parcel affected by this Order has been determined
to be surplus to the City's current and anticipated future airport
needs.
Passed January 27, 1992
AM, l]$XS ORIC1
BANGOR, MAINE
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