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HomeMy WebLinkAbout1982-03-22 82-111 ORDERIntroduced by Councilor Weymouth, March 22, 1982 CITY OF BANGOR Order Of Condemnation To Acquire By Eminent Domain For Airport Purposes Pursuant to 6 M.R.S.A, 9 121 at. sen. and (TITLE.) Mrfier, 23.. M R,S.A...._4..3921 at. aeq.........any..and..all....right,...title, interest or estate of Abraham Shapiro, Mate Joseph Rogers, Victoria G. Vassalluzzo, Diana T. Dixon, Teresa N. Bouscher, Rena A. Lawfer, Camii Grace Cooner, Anthony DiAngelis, and'Manzie DeAngelis in or to oronerty peat near Fuller Road, Sam- on. Maine. By tM CUV Cmqu ofUw OitY of Bangor: ORDERED, THAT 4MEREAS, the Bangor City Council, the Municipal Officers of the City of Bangor, hereby determines that the public exigency requires the acquisition of all lands, buildings thereon, air rights and easements (except as noted below) within the boundaries described below for the purposes of expanding and/or extending the Bangor International Airport; and' WHEREAS, said Bangor City Council hereby determines that the property described below is required in.order to: expand and extend said Airport's facilities and lending fields, provide unobstructed air s ace and safe approaches for the landing and taking off of aircraft using said Airport, place and maintain suitable' markings and/or lights for the safe operation of said Airport, and to otherwise assure the safe and proper development of said Airport, its facilities and landing fields, and L.MEREAS, pursuant to the requirement. of 6 M.R.S.A.. 9 122(1), the Municipal Officers of the Town of Herman have consentedto the acquisition of the property described below by the City of Bangor by the adoption of two Resolves on August 12, 1981, attested copies of which are on file in the Office of the City Clerk of the City of Bangor; and WHEREAS, said expansion and/or extension of Bangor International Airport has been laid out and established pursuant to 23 M.R.S.A. ¢ 3022; and - WHEREAS, said Bangor City Council herebv determines that acquisition by eminent domain is required because the City of Bangor i's unabletopurchase certain .outstanding interests in and to the property at what the - Council deems to be a reasonablevaluation and because the Council is desirous of extinguishing title defects, if any, to the Property; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the City of Bangor, Maine hereby acquires by'.eminentdomain, pursuant to 6 M.R.S.A. ¢ 121 at seq. and 23 M.R.S.A..6 3021 at seq., all the right, title, interest, or estate of the above mentioned persons, and all persons claiming aninterest under or through said persons (except is noted below) in and to a certain lot or parcel of land located In City Council Nerch 22,1982 �- Consider nett meeting. 8 111 o R NIR •9l - Title, ity ulerV f Order of Condemnation to Acquire by a9dma - - T. Omain for AirpoZ'......... pasmnt to 6 M,R.S.A. C�Z0 LV fFh In city council April 12, SB 121 et-seq. aM 23 M.R.S.A. as 3021 at seq. - 1982 Amended by substi- any anal all righttitle, interest or estate of tuting p8 3 &4 AWaF.aaShs •.••.••.•.. ........ Passedas amended pir Nate joseph Rogera,VictorieG. Vasaalluzzoy iihm I Nixon, Teresa N Bomcher, Rem A er C 1ppe a ei, AMli fiory DcAnges end $4PP L�pr arty located near P o City er ... :..... ...... t... Co cflman 2) Council Order 82-111 — Amend by deleting pages 3 and 4 therefrom and substituting the attached pages 3 and 4 in lieu thereof. Should any member of the Council have any questions or comments, I will be present at the Council meeting this evening. Enemas A. Russell Asst City Solicitor 3 202 and Volume 1506, Page 395, respectively and those portions of said premises conveyed by Manzie I. Rogers to the United States of America by Warranty Deeds dated February 14, 1956; August 7, 1958; May 19, 1959; and October 31, 1962, and recorded in said Registry in.Volume 1520, Page 85; Volume 1637, Page 22; Volume 1675, Page 237; and Volume 1866, Page 79, respectively. Said. Mamie I. Rogers died, intestate, in Bangor Maine on April 29, 1973, leaving the following as his only heirs-at-law and next -o£ -kin: Nate Jasenh Roasts (son). Victoria G. Vassalluzzo ndsonj, and Mantle DiAngelisr(grandson)�, 4children of Frances who predeceased her father, Manzfs I. Rogers. Anthphy ass N. Bouscher, Diana I. Dixon, Nate Joseph Ropers, and City of Bangor by Warranty Deeds recorded in. the Penobscot County Registry of Deeds in Volume 3263, Pages 187,,189,.191, and, 193 and. Volume 3265, Page 321, respectively. Said Parcel is more fully shown on a Plan prepared by the City of Bangor Engineering Department entitled "Bangor International Airport Acquisition Plan -- Shapiro and Rogers Parcels", dated March 2, 1982, said Plan being onfilein the Engineering Department. BE IT FURTHER ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT said City Council hereby determines that the highest and beat use of the parcel is that of recreation land or excess land held for future investment rewards to an abutting. land owner. BE IT FURTHER ORDERED BY THE CITY COUNCIL. OF IHS CITY. OF BANGOR THAT the fair market value of the outstanding interestsasof the date of taking is deemed to be Five Hundred Thirty-four and Seventy-three/ one hundredths Dollars ($534.73) and that the total amount of damages determined to be just compensation for the acquisition of said property interestsis!FLVe Hundred Thirty-four and Seventy-three One Hundredths Dollars ($534.73). BE IT FURTHER ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT said amount of just compensation for the acquisition of the out- standing interests in said property shall be apportioned as Follows: Name Last Know Address Damages Abraham Shapiro 58 Broadway, 0 .Bangor, Maine Rena A. Lawfer 10703 Linn Station Road $229.17 Louisville, KY 40223 Victoria G. Vassalluzzo 2391 Stevens Road Huntingdon. Valley, PA 19006 '$229.17 Camii Grace Cooper 1517 Tyler Park Drive Louisville, KY '40223 $76.37 Nate Joseph Rogers 11 Mt. Desert Drive Bangor, Maine 0 Diana I. Dixon St. Joe Road. P.O. Box 1783 ShangrL-La Palm Coast, Florida 32037 0 Teresa N. Bouscher 222 Blairmore Blvd. Orange Park, FL 32037 0 Anthony DLAngelis 17019 The Strand Minnetonka, MN 55343'. 0 Manzie DeAngelis 13}(B`h Street N.E., Apt. 4 15 Minneapolis, MN 55413 0 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the City Solicitor, or his representative, is hereby authorized and directed to take all action deemed necessary and/or appropriate pursuant to 6 M.R.S.A. § 121 at. seq. and 23 M.R.S.A. § 3021 at seq., and all acts related thereto, on behalf of the City of Bangor and its municipal officers, for purposes of completing the condemnation and acquisition of said parcel by said City of Bangor. STATEMENT OF FACT: The Bangor City Council passed Council Order No. 82- on January 1982, in which it authorized the acquisition of the Abraham Shapiro Property(Hermon Property Man Sheet 9, Parcel 77) and the Manzie I. Rogers Heirs property (Hermon Property Map Sheet 9, Parcel 78) for the purpose of expanding and/or extending Bangor International Airport. Aslipted within this Order, the City of Bangor has acquired the interestso£ Abraham Shapiro, Nate Joseph Rogers, Diana I. Dixon, Teresa N. Bouscher, Anthony DLAngelis, and Manzie DLAngelis in and to the land in question. However, attempts to acquire the interest of Rena A. Lawfer, Victoria G. Vassalluzzo, and CamiL Grace Cooper by negotiated sale have failed. Therefore, the purposesof this Condensation Order are twofold: 1) To acquire title, by eminent domain, of the interestsof Mrs. Lawfer, Mrs. Vassalluizo, and Mrs. Cooper in and to the property in question. 2) To cureany title defects, if any, through a "perimeter taking" of the property in question. MEMORANDUM April 12, 1982 T0: City Council FROM: Thomas A. Russell, Rest. City Solicitor RE: Council Orders 82-110 and 82-111 The above -referenced Council Orders deal with the laying out, establishment, and taking by eminent domain of certain property located in Hermon at the northwesterly end Of the Bangor International Airport runway. The land in question is located with the"runway approach zone" and is to be ultimately utilized for the installation of a high intensity approach lighting system and aninstrument landing system at B.I.A. In accordance with the Uniform Relocation Assistance and Land Acquisition Act of 1970 (42 U.S.C. S 4651 at. seq.), the two parcels in question were appraised by an independent real estate appraiser, whose reports and opinions of value were reviewed by a second independent appraiser. Based upon those appraisal reports, the City of Bangor made offers to purchase the parcels in question. To date, the City of Bangor has acquired the Abraham Shapiro parcel and 2/3rds of the interests of the Mantle I. Rogers Heirs in the second parcel. Rena Lawfer and Victoria Vassalluzzo, each owning a 1/6th interest in the Rogers parcel, have refused the City's offer of $229.17 for each of their interests in the parcel. Said offers represent their pro rata share of the total appraised fair market value for the 5.5 acre parcel ($1,375.00). By letter dated March 10, 1982, Mrs. Lawfer offered to sell her interest to the City for $10,000.00. Mrs. Vassalluzzo has not made a counteroffer. - - Since it has become necessary to acquire the interests of Mrs. Lawfer and Mrs. Vassalluzzo by eminent domain pursuant to 6 M.R.S.A. $ 121at. seq. and 23 M.R.S.A. ¢ 3021 at. seq., the taking has also been postured as a "perimeter taking" to extinquish all outstanding interests, if any, which may affect the parcels in questions. Therefore, i addition to the award of damages in the amount of $229.17 to Mrs. Lawler and Mrs. Vassalluzzo, the Council Orders also award $1.00 each to the prior owners of interests acquired by the City of Bangor. Subsequent to the issuance of John Frawley's Report of March 18, 1982 and the drafting of Council Orders 82-110 and 82-111, the City received a Warranty Deed for a 1/18th interest from one of the Rogers Heirs. There- fore, the originalReport and Council Orders be amended to reflect that change in circumstances. To that end, I suggest the following amendments: 1) Council Order 82-110 - Amend the entire Order by substituting the attached Order in lieu thereof 4 Diana I. Dixon St. Joe Road $ 1.00 P.O. Box 1783 Shangri-La Palm Coast, Florida 32037 Teresa N. Bouscher 222 Blairmore Blvd. $ 1.00 Orange Park, FL 32037 Anthony DiAngelis 17019 The Strand $ 1.00 Minnetonka, MN 55343 Manzie DiAngelis 13b, 5th Street N.E., Apt. 8 15 $ 1.00 Minneapolis, MN 55413 BE IT FURTHER ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the City Solicitor, or his .representative, is hereby authorized and directed to take all action deemed necessary and/or appropriate pursuant to 6 M.R.S.A. § 121 at. seq. and 23 M,R.S.A. § 3021 et.seq., and all acts related thereto, on behalf of the City of Bangor and its municipal officers, for purposes of completing the condemnation and acquisition of said parcel by said City of Bangor. STATEMENT OF FACT: The Bangor City Council passed Council Order No. 82- 381l—, 1982, in which it authorized the acquisition of the Abraham Shapiro Property (Hermon Property Map Sheet 9, Parcel 77) and the Muncie I. Rogers Heirs property (Hermon Property Map Sheet 9, Parcel 78) for the purpose of expansion and/or extending Bangor International Airport. As noted within this Order, the City of Bangor has acquired the interests of Abraham Shapiro, Nate Joseph Regers, Diana I. Dixon, Teresa N. Bouscher, Anthody DiAngelis, Manzie DiAngelis and Camid Grace Cooper in and to the land in question. However, attempts to acquire the interests of Rena A. Lawfer and Victoria G. Vassalluzzo by negotiated sale have failed. Therefore, the purposes of this Condemnation Order are twofold: 1) To acquire title, by eminent domain, of the interests of Mrs. Lawfer and Mrs. Vassalluzzo in and to the property in question. 2) To .cure any title defects, if any, through a "perimeter taking" of the property in question. ,. A meod.z^f Ly c44:a,i"i f,: C. 0, 92 —//( 3 202 and Volume 1506, Page 395, respectively and those portions of said premises conveyed by Mantis I. Rogers to the United States of America by Warranty Deeds dated February 14, 1956; August 7, 1958; May 19, 1959; and October 31, 1962, and recorded in said Registry in Volume 1520 Page 85; Volume 1637, Page 22; Volume 1675, Page 237; and Volume 1866, Page 79, respectively. Said Mardis I. Rogers died, intestate, in Bangor, Maine on April 29, 1973, leaving the following as his only heirs-at-law and next-of-kin: Nate Joseph Rogers (son), Victoria G. Vassalluzzo (daughter), Diana I. Dixon (daughter), Teresa N. Buescher (daughter), Rena A. Lawfer (daughter), Camii Grace Cooper (granddaughter), Anthony DiAngelis (grandson), and Manzie DiAngelis (grandson), children of Frances I. DiAngelis, who predeceased her father, Mantis I. Rogers. Anthony DiAngelis, Teresa N. Scorcher, Diana I. Dixon, Nate Joseph Rogers, Mardis DiAngelis, and Camii Grace Cooper have conveyed their interests in Said Parcel to the City of Bangor by Warranty Deeds recorded in the Penobscot County Registry of Deeds in Volume 3263, Pages 187, 189„ 191, and 193, Volume 3265, Page 321, and Volume 3268, Page 311, respectively. Said Parcel is more fully shown on a Plan prepared by the City of Bangor Engineering Department entitled "Bangor International Airport Acquisition Plan -- Shapiro and Rogers Parcels", dated March 2, 1982, said Plan being on file in the Engineering Department. BE IT FURTHER ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT said City Council hereby determines that the highest and best use oftheparcel is that of recreation land or excess land held for future investmentrewardsto an abutting land owner. BE IT FURTHER ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the fair market value of the outstanding interests as of the date of taking is deemed to be Four Hundred Sixty -Five and 34/100 Dollars ($465.34) and that the total amount of damages determined to he just compensation for the acquisition of said property interests is Four Hundred Sixty-five and 34/100 Dollars ($465.34). BE IT FURTHER ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT said amount of just compensation for the acquisition of the out- standing interests in said property shall be apportioned as follows: Name Last Known Address Damages Abraham Shapiro 58 Broadway $ 1.00 Bangor, Maine Rena A. Lawfer 10703 Linn Station Road $229.17 Louisville, KY 40223 Victoria G. Vassalluzzo 2391 Stevens Road $229.17 Huntingdon Valley, PA 19006 Camii Grace Cooper 1517 Tyler Park Drive $ 1.00 Louisville, KY 40223 Nate Joseph Rogers 11 Mt, Desert Drive $ 1.00 Bangor, Maine - in the Town of Hermon, County of Penobscot, State of Maine, bounded and described as follows, viz: A certain lot or parcel of land located i Hermon, County of Penobscot, State of Maine, o the northerly side of the Bangor 6 Aroostook Railroad right-of-way, more fully described as follows: Beginning at the intersection of the north- easterly right-of-way line of Fuller Road with the westerly right-of-way line of the Bangor fi Aroostook Railroad; thence North 58 `26' 12" West along said northeasterly right-of-way line of Fuller Road for a distance of 865.61 feet to a point; thence North 120 24' 12" West for a distance of 2,115.90 feet to a point, being o the generally southwesterly line of land now or formerly owned by Grace H. McTigue: thence South 550 37' 14" East along the southwesterly line of said McTigue property, and continuing along the s along the generally south esterly lineofland now or formerly owned by M.T.G. Corp. as described in a Deed recorded in Penobscot Registry of Deeds, Vol. 2212, Page 164 for a total distance of 1,827.00 feet to a point on the westerly right-of-way line of the Bangor 6 Aroostook Railroad; thence South 110 16' 36" West along said Railroad right-of-way line for a distance of 1,527.93 feet to the northeasterly right-of-way line of Fuller Road at the point of beginning (here- inafter referred to as "Said Parcel"). EXCEPTING therefrom such portion of said premises as may have been conveyed by Manzie I. Rogers to Bangor Hydro - Electric Company by Warranty Deeds (of easement) dated August 24, 1955 and October 29, 1955, recorded in Penobscot County Registry of Deeds in Volume 1497, Page AD2 and Volume '1506, Page 395, respectively. Said Parcel consists of a parcel of land formerly owned by Abraham Shapiro as described in Deeds recorded in Penobscot Countv Registry of Deeds,'in Volume 1396, Page 49 and Volume 1820, Page 397, expecting therefrom that portion of said premises acquired by the United States of AmericaD by eminent domain recorded in Volume 1583, Page 158 of said Registry and that portion of said premises conveyed by Abraham Shapiro to the United States of America by Warranty Deed dated September 20, 1962, recorded in Volume 1859, Page 389 of said Registry. Abraham Shapiro conveyed his interest in Said Parcel to the City of Bangor by a Warranty Deed and a Release Deed, both dated March 9, 1982, recorded in the Penobscot. County Registry of Deeds in Volume 3264, Pages 234 and 236, respectively. In addition, the Said Parcel also consists of a parcel of land formerly owned by Manzie 1. Rogers as described i a Deedrecordedin the Penobscot County Registry of Deeds in. Volume 1246, Page 214, excepting therefrom those portions of said premises conveyed by Marais I. Rogers to Bangor Hydro -Electric Company by Deeds (of easements) dated August 24, 1955 and October 29, 1955, recorded in said Registry in Volume 1497, Page