HomeMy WebLinkAbout1990-08-27 90-316 ORDERIed For
nVge
O First Reading Page _ of
❑ Referral
Date 8-27-90
Item No. y03 1
Item/Subject: Fixing 'Just Compensation" Amount and Authorizing City.
Solicitor to Enter Into Negotiations -
Muiiei P. Downing PFopeRty
Responsible Department Fegal
Commentary:
The purpose of this. Orderis to .ratify,
tie City's actions to
negotiate the acquisition of the Muriel
Downing property. If
the negotiations are unsuccessful, the
next step will be formal
proceedings to acquire the property by
eminent domain.
Manager's Comments:
City Mn..ca
Associated Information:
Budget Approval
r.e aDie
Legal Approval:
QYSo¢nor
Ied For
nVge
O First Reading Page _ of
❑ Referral
Asigmd :o Cuan dor
CITY OF BANGOR
(TITLE.) MrbtrPr g 'Just Compensation" Amount and_Auth Authorizing
City Solicitor to Enter Into Negotiations for Acquisition
Downing Property m.Downing_Road.....Bangor,
Maine
By Eu My CgmmQ of Mw City of Easier:
ORDERED,
THAT
WHEREAS, the City of .Bangor seeks to acquire for Airport purposes a
23.79 acre tract of land located o either side of Downing Road i
the City of Bangor, presently owned by Muriel B. Downing, indicated
on the Plan attached at "Exhibit A". and described as follows:
Description
Two parcels of land situate in the CIty of Bangor, County
of Penobscot and State of Maine, lying adjacent to the
present northeasterly boundary of Bangor International
Airport, on opposite sides of Downing Road, so-called, and
both contained within the following boundary description:
BEGINNING AT A no . 5 steel recur set on the easterly line
of Downing Road,s -called, at the southwesterly corner of
the parcel of land described in a deed from Harvey R. Sprague
and Daniel G. Sprague to the City of Bangor dated June 27, 1989
and recorded in Volume 4469, Page 96, Penobscot Registry of
Deeds;
Thence S 550 23' 30" E 1,057.29 feet to a corner,
Thence by and along the existing airport boundary S 360
53' 31" W 743.22 feet to a 6" x 6" corner monument having
coordinates 419951.1562, 897198.3742, Maine State Grid
Coordinate System, East Zone 'NAD 831;
Thence with the axisting airport boundary N 450 35' 31"
W 1952.53 feet to a n pin set at coordinates
421317.4673, 8956035360 Maine State Grid Coordinate
System, East Zone 'NAD 831;
-2 -
Thence by and along the common boundary between
lands of the Grantor and lands of Charles W. Sprague, Jr.
s described in Volume 2498, Page 93, Penobscot Registry
of Deeds, N- 360 58' 10" E 417.85 feet to a no. 6 steel rater;
Thence along Charles Sprague's land S 550 23' 30-
Z 371.'l3 feet to a no. -6 steel cebav set in the
northerly line of Downing Road;
Thence continuing S 55° 23' 30" E.across Downing
Road 70.01 feet to theplace of BEGINNING;
EXCEPTING AND RESERVING from the above-described
premises those lands previously conveyed to the
United States of America and to the City of Bangor as
described in Volume 1207, Page 333 and Volume 1526, '
Page -48, Penobscot Registry of Deeds, respectively,
constituting portions of Downing Road; but
meaning and intending to convey all the Grantor's
right, title and interest, if any, in and to those
lands constituting Downing Road.
The parcels described above containing within their
common boundary a total of 23.79 acres, more or less,
exclusive of Downing Road.
Bearings given above are referenced to Grid North.
The foregoing description is based on a standard
boundary survey dated March 1990, prepared by Jerome
B. Watts, RLS, for the Maine Air National Guard, said
survey plan to be recorded with this Order.
MEANING AND INTENDING to convey all of the "Frank R.
Fuller Farm", so-called, as described in Volume 2104
Page 18, Penobscot registry of Deeds, remaining after
prior takings and conveyances by and to the United
States of America and the City of Bangor, whether o
not included in the above -referenced survey on the
above description.
The above-described property is acquired by the City of Bangor
for airport purposes.
WHEREAS, the property has been independently appraised at a value of
$225,000.00; and
WHEREAS, the City Council finds that the value of the property is
$225,000.00; which sum constitutes "just compensation" for the parcel
described,
NOW, THEREFORE, By the City Council of the City of Bangor be it
3 -
ORDERED,
THAT the City Solicitor is hereby authorized and directed to.enter
into negotiations with Muriel B. Downing or her representatives for
the purpose acquiring the described premises; and, be it further
PRPERER,
THAT the City So1jE}tpF RhAU FAIked. WVItteA offer to purchase the -
described premises in the amount of the just compensation herein
determined; and that the City Solicitor shall promptly communicate
this offer to Muriel B. Downing or her representatives.
The Solicitor is further directed in the course of his negotiations
to make such records and to take all steps necessary to preserve the
City of Hangores
s right to reimbursement for this acquisition by the
Federal Aviation Administration or other State of Federal agency.
IN CITY COUNCIL
August 27, 1990
Suspension of the Rules
Passed. Order Passed.
L CITY CLERK
90-316
ORDER
Title,
Fixing "Just Compensation" Amount and
....................................
Negotiating Cfor Solicitor tv Evtez Into
Negotiations for Acquisition of Muriel B. Dowing
..... rty o Downing R . , Bangor,
M
Pxvperty on Downing Road, Bangor, Maine
Aam and to
.......................
Councilman
RV 9s 9p.J/L
MEMORANDBM
August 24, 1990
Ent Bangor City Council
FROM: Robert B. Miller, City Solicitor
RE: Bangor International Airport - Muriel
B. Downing Property
We are in the process of completing our negotiations for
various parcels located near the Hermon end of the Airport. On the
agenda for consideration at the net meeting is an item which will
start the eminent domain process on the Charles B. Sprague parcel,
so-called, located on the Downing Road.
xhere is another parcel which requires Council action. Our
appraiser has advised us that the fair market value of the Muriel
B. Downing parcel, a 23+ acre tract, is $223,000. We have prepared
an Order which is intended to ratify the City's actions in the
negotiations to purchase the property for the appraised value. A
copy of the proposed Order is enclosed for your consideration.
If the negotiations are unsuccessful, we will be back to
the Council with a request for authority to acquire the property by
eminent domain.
R.E.M.
to
Enclosure
PC: City Manager
Airport Manger