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