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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