HomeMy WebLinkAbout1991-05-13 91-213 ORDERDate `4u 22-91 on Rem No. 91-213
Item/Subject: Authorizing City Solicitor to Acquire Property of Charles
Sprague, Jr. for Addition to Bangor International Airport
Responsible Department: Legal
Commentary:
This Order would authorize final acquisition of approximately 7.46
acres owned by Charles Sprague, Jr. on Downing Road, adjacent to
the Muriel Downing parcel recently acquired. The City advanced Mr.
-Sprague $65,000 against acquisition of a larger parcel containing
this lot in December, 1969. The parcel to be acquired contains
858 feet of frontage on Downing Road, and would provide an
additional noise buffer to the existing airport use.
.The City's appraiser has valued this property at $8,000 per acre.
Mr. Sprague has submitted an appraisal indicating a value of
$12,500 per acre, plus approximately $50,000 severance damage to
the remaining Sprague property. The proposed purchase price of
$12,000 per acre is a compromise figure. it isanticipated that
the City's acquisition cost will be reimbursed by the FAA under
its Airport Improvements Program in PY 1992.
4551
Manager's Comments: q
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Ci,y Munn6cr
Associated Information: Order, Letter
Budget Approval:
Dt"
Legal Appeoval:
Ciy Solinmr
Introduced For
EDPa¢age
❑FIn4Readin9 _ Page._of_
❑ Referral
91-213
Aeeiq�ed to Councilor Sawyer, May 13, 1991
CITY OF BANGOR
(TITLE.) ( rbtr,_.... Authorizing, City Solicitor to Acguire_er party of,
Charles Sprague, Jr. for Addition to Bangor International Airport
By ens City Count of M aty ofBamvWr
u:mWaWta
THAT the City Solicitor is hereby authorized and directed
to accept an offer by Charles W. Sprague, Jr. to sell certain
property located on Downing Road adjacent to the present
boundary of Bangor International Airport, as contained in a
letter from Thomas A. Russell, Esq., dated February 22, 1991,
a copy of which is attached to this Order.
Funds for this acquisition are to be drawn from the
Airport Account, Account Number 85-01-10.07.
in City Council May 13,1991
Passel FF
AAMfl4.
City Clete
91-213
ORDER
Title,
Authorising City Solicitor to Acquire
for addition to Bangor Irherretionel
A port
.......� ...............................
to Aerip,ed
l.a�..�.`..%... .....
Councflman
91-213
MITCHELL & STEARNS
ATTORNEYS AT LAW
99 Fmnklin Svat
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P. O. Bo, 702
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Buo6o5 Main, 00402,0102
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February 22, 1991
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Erik M. S£umpfel
Assistant City Solicitor
73 Harlow Street
Bangor, Maine 04401
Re: Charles Soraoue - Downinq Road. Pxgrw=�
Dear Erik
It is my understanding that Jim Greer met with Mr. Sprague
and showed him the approximate location of the northeasterly
boundary line of a rectangular parcel of land commencing at the
Downing lot and extending northeasterly along Downing Road for
approximately 858 feet, said lot having a depth of approximately
370 feet and consisting of approximately 7.46 acres. Based on
the representations by Mr. Greer as to the proposed boundary
line, it appears that said boundary line would leave Ma Sprague
with sufficient land to permit access to his remaining property
from Downing Road without the necessity of traversing the ravine
n his property. Accordingly, Mr. Sprague would be willing to
sell that 7.46 ± parcel of land to the City of Bangor at the rate
of $12,000.00/acre, subject to the following:
1. In consideration of payment for any severance damages,
Mr. Sprague would reserve and retain the following
rights with respect to the subject parcel:
a. Reservation of the right to enter on the parcel to
selectively cut and remove timber therefrom for a
period of two years from the data of conveyance.
For the purposes hereof, timber would mean any tree
with a diameter of 7 inches or greater as measured
at 4 feet from ground level;
b. Reservation of the right to enter on the parcel and
to selectively cut and remove therefrom up to five
cords of firewood for a period of ten years from the
Erik M. Stumpfel
February 22, 1991
Page 2
date of conveyance, or for so long as the parcel
remains undeveloped, whichever is shorter;
C. Reservation of the right to enter on the parcel and
to cut and remove hay therefrom for a period of ten
years from the date of conveyance, or for so long as
the parcel remains undeveloped, whichever is
shorter; and
d. If the City wanted to utilize the parcel for
development within three years from the date of
conveyance, Mr. Sprague would be willing to release
his firewood and hay rights under Subparagraphs b
and c above for the amount of $500.00(year.
2. Preparation of as rvey for the parcel of land by the
City of Bangor atits sole expense;
3. Preparation of all documents and title searches by the
City of Bangor at its sole expense.
4. Payment of $1,000.00 by the City of Bangor to Mr.
Sprague for relocation expenses incurred by Mr. Sprague
in the dismantling and removal of the barn from the
parcel of land.
At the present time, Mr. Sprague has no interest in selling
additional land to the City of Bangor.
It is my understanding that you will be discussing this
proposal with the appropriate City officials, and will get back
to me with the City's position on the matter. If you have any
questions or comments, or you need any additional information,
please feel free to contact me. On behalf of Mr. Sprague, I.
thank you for your cooperation in this matter.
Very truly yours,
MI`TCHJ^E,LL & STEAARNS
'/
411 r we�
Thomas A. Russell, Esq.
TAR:cw
cc; Charles Sprague