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HomeMy WebLinkAbout1991-05-13 91-212 ORDER✓e Date 4-22-91 V Item No. 91-212 seLs4I Item/Subject: Authorizing City Solicitor to Acquire Property of Edwin L. Colburn - 42.25 Acres - For Addition to Bangor. Int'1 Airport Responsible Department: Legal Commentary: This Order would authorize acquisition over a 5-year period of 42.25 acres of land adjacent to the Muriel Downing tract recently acquired adjacent to Bangor International Airport. The land acquired would provide an additional noise buffer to the current airport operation, and would allow for future airport-related development in the Downing Road area. A portion of this parcel (8.94] acres) would be available for lease to the Maine Air NationalGuard in connection with a planned expansion and relocation of Guard refueling facilities. It is anticipated that funds for this acquisition will be reimbursed to the Airport from FAA Airport Improvements Program funds in FY 1992 and following. A 07 slue; Manager's Comments:, s 7-91 o�w.wamd). W � uli,C.Q e+.i f^wlie,. ai+F�• y cu,11 I r no.. y., Associated Information: Order, Letter Budget Approval: LL,. r„a 1a D11e Legal Appr•Dval: WIS J#m / ,s(5 % si 1madA( fe rsft et {k iewtP e7 ,ru f..w..d wnf c;rrse W/(l 'nrtvd4 Rgw�awfJrvlaasI,w.n sateewirsaI tmrodured for ®r” °� ds' 7rw caovlf d^ 911/4( C]Passage - ElFirastRoding _.-. Par—of— Referral"- - - AmEau® fcOPI 91—Ct SEPTH4B68 lit 1991 (�sW Aeeigaed to CouncBor _�• av CITY OF BANGOR (TITLE)N1L]TCTd..............Autbbrizing_Ac4uisitiou e£ Property.. of. Edwin L_. _. Colburn Adjacent to Bangor International Airport - 8.973 Acres, More or Lees BY iAO Cay CmWw { Oj& 011 of Ranow., ORDERED, TAT the Acting City Solicitor is hereby authorized to purchase, in behalf of the City of Bangor, 8.973 acres, m or less, adjacent to Bangor International Airport, ownedbye Edwin L. Colburn, in accordance with the Real Estate Purchase and Sale Agreement dated September 11, 1991, attached hereto. Funds for this acquisition are to be drawn from the Airport Account, Account Number 85-01-10.07. 91-212 Aasip,hed to Commilov ealaacci. May 13, 1991 CITY OF BANGOR (TITIP.) (DrUra Autho ng City,$ licitor to„Acquire, Property. ,.. Of Edwin L. Colburn - 42.25. Acres - For Addition to Bang International A rport ....._......... __ _... By As City Caused Of As MY of Danger. 'VgTdAIAO THAT the City Solicitor is hereby authorized and directed to accept a offer by Edwin L. Colburn to sell 42.25 a of land adjacent to the present boundary of Bangor International Airport, as contained ina letter from Edwin L. Colburn and Edwin W. Collura. dated March 21, 1991, a copy of which is attached to this Order. Said property being more fully described in Exhibit "A” attached. Funds for this acquisition are to be drawn from the Airport Account, Account Number 85-01-10.07. { i 91-212 ORDER In City Cowoll W 13.1991 Title, vote to consider next � Authorizing City Solicitor to Acquire regular meeting Passed Property of Edwin L Colburn 42—.25 Acres Vo . ................................. vote g Yes ; No for addition Lo Bsagor InLarwLlooal al AirportOo ng Yes Beldaccl, Bragg. PraNcel •.........................••••. ••..... sating, Saxl. Soaneud 6 —fw voting No Aangned to Cohan, stone,9ulliven Consider Veit Meeting ..... .. .... .... CouncilmanTC Cever In City Council Suly22,1991 Tabled YN CITY comm L SEP mm 11, 1991 AKENDED BY SUBSTITUTION AND PASSED , SUBSTITUTED COPY ATTACHED 0 i ty tier r� r MEMORANDUM - C �' 2 / Z September 26, 1991 TO: Russell MCAenna, City Clerk FROM: Erik M. Stumpfel, Acting City Solicitor RE: Edwin L. Colburn Property Enclosed please find a Real estate Purchase and Sale Agreement between the City of Bangor and Edwin L. Colburn, dated September 11, 1991, concerning property described therein. Would you please file this with other permanent records of the City in your office. E.M.S. to Enclosure REAL ESTATE PURCHASE AND SALE AGREEMENT EDWIN L. COLBURN, of 1456 Union Street, Bangor, Penobscot County (hereinafter "SELLER") hereby offers to Sell, and the CITY OF BANGOR, a municipal corporation organized and existing under the laws of the State of Maine (hereinafter "BANGOR") hereby agrees to buy, upon the terms and conditions set forth below, the following described property of the SELLER located in the City of Bangor, Penobscot County, Maine: PROPERTY, A parcel of 8.973 acres, more or less, to be Surveyed; consisting of a rectangular lot approximately 1302.84 feet by 300.00 feet off the southwesterly end of the SELLER'S property described in volume 4186, Page 332, Penobscot Registry of . Leeds; said parcel lying adjacent to the existing boundary of Bangor International Airport and being a portion of the SELLER's property described in City of Bangor Tax Map x15, Lot 4. The parcel Lobe conveyed is further depicted on a sketch attached to this Agreement ("Exhibit A"). TERMS: The parties hereby mutually agree to the following terms: 1. Purchase Price. Fifteen Thousand Dollars ($15,000.00) per acre of land actually conveyed, to be paid by BANGOR to the SELLER in cash at closing. 2. Type of Conveyance. Conveyance shall be by warranty deed to BANGOR from the SELLER. SELLER shall prepare the necessary deed, but BANGOR shall supply a legal description of the premises, following survey, and subject to approval by SELLER's attorney. 3. Survey. Prior to closing, BANGOR shall, at its sole expense, survey the premises and mark the corners of the parcel to be conveyed. BANGOR shall have the right to enter onto the premises at a convenient time or times for this purpose. 4. Variation in Acreage. In conducting its Survey, BANGOR may adjust the boundaries of the parcel to be conveyed as RANGOR shall deem necessary, provided that the finalacreage of the parcel to be conveyed shall not be varied, plus or minus, by over ten Percent (109).' 5. Closing Date. Closing shall take place as soon as practicable after execution of this Agreement, following survey, with a projected closing date of September 13, 1991. 6. Taxes. SELLER shall be responsible to pay all taxes and assessments duly assessed on the property by any governmental authority through the date of closing. Prepaid taxes shall be prorated betweenSELLERand BANGOR as of the date of closing. -2- 7. Hazardous wastes. At closing, SELLER Shall supply an affidavit to BANGOR detailing SELLER's knowledge of the extent of hazardous wastes on the premises to be conveyed. 'Hazardous wastes" shall consist of any material defined as hazardous wastes under any Federal or State law. In the event BANGOR'S pre-closing survey or SELLER's affidavit shall indicate the presence of hazardous wastes on the promisee, BANGOR shall have the right in Its Sole discretion to void this Agreement without payment of the purchase price and without further obligation to the SELLER. E. Damage Claims. SELLER hereby agrees that SELLER's acceptance of the purchase price at closing Shall constitute a full and final release of any and all claims of the SELLER for damages on account of a account of activities of RANCOR, its surveyors, agents o anyone acting in BANGOR's behalf, in or about the premises prior to the date of closing, such release to include claims for trespass, damage to standing timber or realty, personal or other injury, governmental limitation on SELLER'S use of the premises, damage to adjoining premises of the SELLER, or any other claim or cause. SELLER agrees to execute and deliver at closing any necessary releases in this regard. 9. Certificate to Issue. BANGOR agrees to execute and deliver to the SELLER at closing a certificate that SELLER's sale of the promises is made in lieu of and under threat of condemnation by the City of Bangor, as a local municipal government acting in its governmental capacity. HARBOR further agrees to supply such additional written evidence as may be necessary to satisfy the United States Internal Revenue Service in this regard. 10. Adiacent Land - Purchase Option. SELLER agrees that In consideration of HANGOR's purchase of the premises, BANGOR shall have and is hereby granted an exclusive option to purchase adjoining land of the SELLERTotalling 33.277 a more or lase, in area, and being the rear third, more or less, of SELLER's property described in Volume 4186, Page 332, Penobscot Registry of Deeds, being an undeveloped parcel currently in use for tree farming and other agricultural purposes. The option parcel i further depicted on"Exhibit A' attached to this Agreement, and is intended to be the balance of 'Parcel E" thereon remaining after acquisition of the 8.973 Save parcel to he purchased by EANGOR under this Agreement. Unless exercised by BANGOR, this option Shall expire on December 31, 1993. RURG0R may exercise this option by giving notice in writing to the SELLER, his successors, agents or assigns, not later than December 31, 1993. Upon exercise of the option, BANGOR shall be entitled to purchase all or any portion of the option parcel at a price of Eleven Thousand Five Hundred Dollars ($11,500.00) per acre actually conveyed. Property conveyed in accordance with this Option shall be conveyed in fee simple by warranty deed upon tender of the purchase price, at a date to be mutually agreed; and if not agreed, within ninety (90) days of BANGOR's notice to the SELLER as provided above. -3 - This Option is subject to the following additional under- standings, terms and conditions: a. Adjustment of Purchase Price. Upon exercise of this Option, BANGOR may,aits sole discretion, elect to have the option parcel or portion to be conveyed -appraised by a qualified appraiser of BANGOR's selection. Upon re -appraisal, BANGOR may, in its sale discretion, adjust the purchase price for the option parcel or portion to be conveyed upward to reflect the appraised market value of such parcel at the time of closing. If BANGOR elects to adjust the purchase price paid for the option parcel or portion to be conveyed in accordance with this paragraph, BANGOR shall receive an offsetting credit in the amount of $3,500.00 per acre of land acquired in accordance with paragraphs 1-9 of this Agreement. Provided, however, that application of such credits shall not operate to reduce the groes proceeds to the SELLER for land conveyed under this Option below $11,500.00 per acre conveyed. The purpose of this clause is to permit BANGOR, in its sole discretion, to take such steps as may be necessary to satisfy regulatory requirements of the United States of America and the Federal Aviation Administration relating to acquisition of real property with Federal funds. b. Seller Not to Construct Permanent Improvements. During the option period, SELLER shall not erect or construct any buildings or other permanent improvements of any kind upon the option parcel; and if the SELLER shall construct any such buildings or improvements, BANGOR may enter onto the option parcel for the purpose of removing the same. In the event of an exercise of eminent domain by BANGOR or other governmental authority with respect to the option parcel or any portion thereof, or upon closing with respect to any portion of the option parcel conveyed toBANGORin accordance with this Option, SELLER shall make no claim for compensation or damages on account of the taking, acquisition, demolition or removal of improvements erected or constructed on the option parcel in violation of this clause. C. Seller Not to Commit waste. During the option period, SELLER shall not commit, suffer or permit any waste or destruction of the option parcel. Provided, however, that ordinary selective -cut timber harvesting and agricultural use in accordance with SELLER's current use of the option parcel shall not constitute waste under this clause. Accidental destruction by fire, flood or other event beyond SELLER's control also shall not constitute waste under this clause. -4- d. Seller Not to Convey or encumber Title. During the option period, SELLER shall not voluntarily convey, mortgage or otherwise encumber the option parcel or any portion thereof, without EANGOR's prior writtenconsent. e. Cotion Binding on Seller's Successors. The Option granted under this paragraph shall be binding upon the SELLER, his successors, heirs and assigns. f. Seller to Execute Option Certificate. At Closing on the land to be acquired under paragraphs 1-9 of this Agreement, SELLER shall execute an option agreement or certificate in a form suitable for cording, evidencing the option granted under this paragraph. g. Bangor to Mark Boundarv. Prior to closing on the land to be acquired under paragraphs 1-9 of this Agreement, or as soon as practicable thereafter, BANGOR shall have thenr ers and boundary of the option parcel marked by aqualified surveyor. BANGOR shall have the right to enter onto the option parcel at a convenient time or times for this purpose. 11. Adents. The parties hereby mutually represent that neither has employed a real estate agent or broker to obtain from the SELLER his offer to sell, or to obtain from RANGOR its offer to buy the SELLER's premises: SELLER and BANGOR have each employed separate legal counsel with respect to this sale. 12. Eminent Domain. Nothing in this Agreement shall be construed as-awaiver by BANGOR of its governmental powers of taxation or eminent domain with respect to any .property of the SELLER not acquired by BANGOR, including property subject to the option granted by SELLER in paragraph 10, above. with respect to any premises actually acquired by BANGOR under this Agreement, it is agreed that acceptance of title by BANGOR and of the purchase price by the SELLER shall constitute a waiver of the parties' respective rights to seek judicial determination of damages payable on account of such acquisition. 13. Evidence of Title. SELLER agrees to deliver to SANWA at Closing true copies of such documents as are in SELLER's poss0sBiOn evidencing SELLER's title to the premises conveyed. Such documents shall include, if in SELLER's possession, copies of title abstracts and records of any quiet title proceedings or estate administration or probate filed by or affecting the SELLER or any predecessor in title. 14. Ratification Required. This Agreement is executed by BANGOR'S undersigned Acting City Solicitor as a negotiating agent only, and Shall be demand binding only upon ratification by the Bangor City Council. -5 - WITNESS the following signatures and seals this //Aft day - of September, 1991. EDWIN L. CO BORN CITY OF ®BANGOR By Title Actino City Solicitor STATE OF MAINE Penobscot, as. September 1991 Then personally appeared the above-named EDWIN L. COLBORN, and acknowledged the foregoing instrument to be his free act and deed. Before me, //^yy O/ / �/GAt ' Y_ t -Law Printed Name: ,DANA [' .�E ✓O� My Commission Expires: STATE OF MAINE Penobscot, as. September !/ 1991 Then personally appeared the above-named ERIE M. STONPFEL, n his capacity as Acting City Solicitor, and acknowledged the foregoing instrument to be his free act and dead in his said capacity, and the free act and deed of said body corporate. Before me, Notary Public"w� Printed RomeFat(_'U My Commission Expires: /z/y3/9 6 N n • c —i-: �``• s1�,. a �� e�:.. '�" �%N' l-•�; ... „.l.' 1 II E . r.ao aa99.................. Ik 91-212 Bangor Furniture Company COMPLETE HOUSE FURNISHERS TOLEPHORK 94"778 March 21, 1991 Mr. Erik M. Stumpfel Assistant City Solicitor City of Bangor 73 Harlow Street Bangor, Maine 04401 Dear Mr. Stump£el In regard to your recent letters, the original acquisition of Main L. Colburn's property consisted of 42.25 acres. At this time, Be will accept the appraisal value of $11,000 per acre for the entire 42.25 acres. We will accept terms over five (5) year period with a reasonable rate of interest. As for the 8.9 acres of this 42.25 section, we will accept $15,000 par acre for this section of our farm property. This offer is valid until June 26, 1991 Very (t%ruly yours, l w -r -: Edwin cnu\ Edwin W. Colburn READEETE PURCHASEAND SALE AGREEMENT EDWIN L. COLBURN, of 1456 Union Street, Bangor, Penobscot County (hereinafter "SELLER") hereby offers to sell, and the CITY OF BANGOR, a municipal corporation organised and existing under the laws of the State of Maine (hereinafter "BANGOR") hereby agrees to buy, upon the terms and conditions set forth below, the following described property of the SELLER located in the City of Bangor, Penobscot County, Maine: PROPERTY: A parcel of 8.973 acres, more or leas, to be surveyed; c isting of a rectangular lot approximately 1302.84 feet by 300.00 feet off the southwesterly end of the SELLER's property described in Volume 4186, Page 332, Penobscot Registry of Deeds; said parcel lying adjacent to the existing boundary of Bangor International Airport and being a portion of the SELLER's property described in City of Bangor Tax Map R15, Lot 4. The parcel to be conveyed is further depicted on a sketch attached to this Agreement ("Exhibit A"). TERMS: The parties hereby mutually agree to the following terms: 1. Purchase Price. Fifteen Thousand Dollars ($15,000.00) per acre of land actually conveyed, to be paid by BANGOR to the SELLER in cash at closing. i. Tvoe of Conveyance. Conveyance shall be by warranty deed to BANGOR from the SELLER. SELLER shall prepare the necessary deed, but BANGOR shall supply a legal description of the premises, following survey, and subject to approval by SELLER's attorney. 3. Survey. Prior to closing, BANGOR shall, at its sole expense, survey the premises and mark the corners of the parcel to be conveyed. BANGOR shall have the right to enter onto the premises at a convenient time or times for this purpose. 4. Variation in Acreage. In conducting its survey, BANGOR may adjust the boundaries of the parcel to be conveyed BANGOR shall deem necessary, provided that the final acreage of the parcel to be conveyed shall not be varied, plus or minus, by over ten percent (106). 5. Closing Date. Closing shall take place as soon as practicable after execution of this Agreement, following survey, with a projected closing date of September 13, 1991. 6. Taxes. SELLER shall be responsible to pay all taxes and assessments duly assessed on the property by any governmental authority through the date of closing. Prepaid taxes shall be prorated between SELLER and BANGOR as of the date of closing. -2- 7. Hazardous Wastes. At closing, SELLER shall supply an affidavit to BANGOR detailing SELLER's knowledge of the extent of hazardous wastes on the premises to be conveyed. "Hazardous wastes" shall consist of any material defined as hazardous wastes under any Federal or State law. In the event BANGOR'S pre-closing survey or SELLER's affidavit shall indicate the presence of hazardous wastes on the premises, BANGOR shall have the right i its sole discretion to void this Agreement without payment of the purchase price and without further obligation to the SELLER. B. Damage Claims. SELLER hereby agrees that SELLER's acceptance of the purchase price at closing shall constitute a full and final release of any and all claims of the SELLER for damages on account of severance, or on account of activities of BANGOR, its surveyors, agents or anyone acting in EAROOR's behalf, in about the premises prior to the date of closing, such release to include claims for trespass, damage to standing timber or realty, personal or other injury, governmental limitation on SELLER's use of the premises, damage to adjoining premises of the SELLER, or any other claim or cause. SELLER agrees toe cute and deliver at closing any necessary releases in this regard. 9. Certificate to Issue. BANGOR agrees to execute and deliver to the SELLER at closing a certificate that SELLER's sale of the premises is made in lieu of and under threat of condemnation by the City o£Bangor, as a local municipal goverment acting i its governmental capacity. BANGOR further agrees to supply such additional written evidence as may be necessary to satisfy the United States Internal Revenue Service in this regard. 10. Adiacent Land - Purchase Option. SELLER agrees that in consideration of BANGOR'S purchase of the premises, BANGOR shall have and is hereby granted anexclusive option to purchase adjoining land of the SELLER totalling 33.277 a r less, in area, and being the rear third, m r lease of SELLER's property described in Volume 4186, Page 332, Penobscot Registry of Deeds, being an undeveloped parcel currently in use for tree farming and other agricultural purposes. The option parcel i further depicted on"Exhibit A" attached to this Agreement, and is intended to be the balance of "Parcel E" thereon remaining after acquisition of the 8.973 acre parcel to be purchased by BANGOR under this Agreement. Unless exercised by BANGOR, this option shall expire on December 31, 1993. BANGOR may exercise this option by giving notice in writing to the SELLER, his successors, agents or assigns, not later than December 31, 1993. Upon exercise of the option, BANGOR shall be entitled to purchase all or any portion of. the option parcel at a price of Eleven Thousand Five Hundred Dollars ($11,500.00) per acre actually conveyed. Property conveyed in accordance with this Option shall be conveyed in fee simple by warranty deed upon tender of the purchase price, at a date to be mutually agreed; and if not agreed, within ninety (90) days of BANGOR's notice to the SELLER as provided above. -3 - This Option is subject to the following additional undei- standings, terms and conditions: - a. Adiustment of Purchase Price. Upon exercise of this Option, BANGOR may, in its sole discretion, elect to have the option parcel or portion to be conveyed re -appraised by a qualified appraiser of BANGOR's selection. Upon re -appraisal, BANGOR may, in its sole discretion, adjust the purchase price for the option parcel or portion to be conveyed upward to reflect the appraised market value of such parcel at the time of closing. If BANGOR elects to adjust the purchase price paid for the option parcel or portion to be conveyed in accordance with this paragraph, SALUDA shall receive an offsetting credit in the amount of $3,500.00 per acre of land acquired in accordance with paragraphs 1-9 0£ this Agreement. Provided, however, that application of such credits shall not operate to _ reduce the gross proceeds t0 the SELLER for land conveyed under this Option below $11,500.00 per acre conveyed. The purpose of this clause is to permit BANGOR, in its sole discretion, to take such steps a my be necessary to satisfy regulatory requirements of the United States Of America and the Federal Aviation Administration relating to acquisition of real property with Federal funds. b. Seller Not to Construct Permanent Improvements. During the option period, SELLER shall not erect or construct any buildings or other permanent improvements of any kind upon the option parcel; and if the SELLER shall construct any such buildings or improvements, BANGOR may enter onto the option parcel for the purpose of removing the same. In the event of an of eminent domain by BANGOR 'o other governmental authority with respect to the option parcel or any portion thereof, or upon closing with respect to any portion of the option parcel conveyed to BANGOR in accordance with this Option, SELLER shall make no claim for compensation or damages on account of the taking, acquisition, demolition or removal of improvements erected or constructed on the option parcel in violation of this clause. C. Seller Not to Comic Waste. During the option period, SELLER shall not commit, suffer or permit any waste or destruction of the option parcel. Provided, however, that ordinary 'selective -cut timber harvesting and agricultural use in accordance with SELLER's current use of the option parcel shall not constitute waste under this clause. Accidental destruction by fire, flood or other event beyond SELLER's control also shall not constitute waste under this clause. -4- d. Seller Not to Convey or Encumber Title. During the option period, SELLER shall not voluntarily convey, mortgage or otherwise encumber the option parcel or any portion thereof, without BANGOR'S prior written consent. e. Option BindingSeller's Successors. The Option granted under this paragraph shall be binding upon the SELLER, his successors, heirs and assigns. f. Seller to Execute Option Certificate. At closing n the land to be acquired under paragraphs 1-9 of this Agreement, SELLER shall execute an option agreement or certificate in a form suitable for recording, evidencing the option granted under this paragraph. g. Bangor to Hark Boundary. Prior to closing on the land to be acquired under paragraphs 1-9 of this Agreement, or as soon s practicable thereafter, BANGOR shall have the corners ers and boundary of the option parcel marked by aqualified surveyor. BANGOR shall have the right to enter onto the option parcel at a convenient time or times for this purpose. 11. Agents. The parties hereby mutually represent that neither has employed a real estate agent or broker to obtain from the SELLER his offer to sell, or to obtain from BANGOR its offer to buy the SELLER's premises: SELLER and BANGOR have each employed separate legal counsel with respect to this sale. 12. Eminent Domain. Nothing in this Agreement shall be construed a er by BANGOR of its governmental powers of taxation or eminentdomain with respect to any .property of the SELLER not acquired by BANGOR, including property subject to the option granted by SELLER in paragraph 10, above. With respect to any premises actually acquired by BANGOR under this Agreement, it is agreed that acceptance of title by BANGOR and of the purchase price by the SELLER shall constitute a waiver of the parties' respective rights to seek judicial determination of damages payable on account of such acquisition. 13. Evidence of Title. SELLER agrees to deliver to BANGOR at closing true copies of such documents as are in SELLER's possession evidencing SELLER's title to the premises conveyed. Such documents shall include, if in SELLER's possession, copies of title abstracts and records of any quiet title proceedings or estate administration r probate filed by or affecting the SELLER or any predecessor in title. 14. Ratification Reauired. This Agreement is executed by BANGOR's undersigned Acting City Solicitor as a negotiating agent only, and shall be deemed binding only upon ratification by the Bangor City Council. -5 - WITNESS the following signatures and seals this HAA'day of September, 1991. EDWIN L. COLBURN CITY OF BANGOR Title Acting City SolicitortOr STATE OF MAINE Penobscot, as. September // 1991 Them personally appeared the above-named EDWIN L. COLBURN, and acknowledged the foregoing instrument to be his free act and deed. Before me, i/C/���/ NeSap/.-PWaILe/�y-at-Law Printed Name:.SDE ✓O� My Commission Expires: STATE OF MAINE Penobscot, as. September // , 1991 Then personally appeared the above-named ERIK M. STUMPFEL, in his capacity as Acting City Solicitor, and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said body corporate. Before me, - Notary Publi - - Printed Name: 7c 91 LET CoRey My Commission Expires: /2,IL3/ 6