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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 1-6 6 ej"MAa Aon t�i/�MJ�+� GAeacw, p+,Wt4/O �t 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 1,h, W. SAL,, P. O. Bo, 702 Thoma E. Nced M1am Buo6o5 Main, 00402,0102 Lmn E. Wadi newd A. Bavee Pete M. WwM1nh celeM1c Pone du)%7,3741 - Ombl"m J,h, A. WwAma, In L,,,, C. Slums ld StIp1w, I Hwlort (1913 Se) A,OIa M. Fwall Pamela n. Qme Tel,upu,(207) 941 W39 Natb,,iel M. Rm,01au Thomu A. Bmall nmOlnyC Woodcoa S111M1 I MCPan WW -01W D..id A. c,m, February 22, 1991 uen.me i. L Up, And,nan lun0. A. B,dduw 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