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Home My WebLink About1982-04-12 82-117 ORDERIntroduced by Councilor zendzian, April 13, 1982 CITY OF BANGOR (TITLE.) (Prbgre AuthorizingExecution of Deed of Release B.I.A.__._ By Be City Coswil of the Ciev ofltaaq . UPAOBNgi} TBAT the City Manager is hereby authorized and directed, on behalf of the City of Bangor, to execute a Deed of Release, a copy of which is on file in the office of the City Clerk, for purposes of permitting the exchange of easements for the public storm drain passing through the Dyer property off Union Street. Statement of Fact: In conjunction with the redevelopment of the Dyer property off Union Street, it was discovered that an existing storm drain from the Airport is not located exactly within the area described in a previously acquired easement. By virtue of Council Order p,81-296, adopted on October 13, 1981, the City Council autho- rized a exchange of easements to correct the problem. Because the easement was acquired by the City in conjunction with the transfer of the Airport, FAA approval of the transaction is required. The Deed of Release most be executed to meet FAA conditions for such approval. (10,. >--4n City Council April 12,1982 Passed a RZ E SR W NPI! -8 _ fl i DO Title, Authorizing Execution ofDeed Ci'' •. CITY •toren Drai CIiY CL'Xb of Release B.I,A. Storm rain ....................r................. no one and Hied by .... 7�-✓�— ............. Un�.'^.... Cowcilman \� US Department xwngiaWAn xevamum nmew Fen of Transportation Penmaumamm�man Federal Ambition Administration Febzeary 8, 1982 Mr. Robert E. Miller City solicitor 73 Barlow Street - Bangor, HE 06601 Dear Mr. Miller: The enclosed Instrument of Release pertaining to a fm drain easement at Bangor InternationalAirport. has been executed by this office. This release has been granted with the understanding that the storm drain easement so released will be transferred to, grantees named therein so that a corrective easement way be received from the grantees "ttiog forth the asset location of the existing store drain. The delivery of this Instrument of Release is conditional upas an agreement by the City of Bangor to abide by the terms and conditions set out in the instrument. This will require that it be executed by a properly authorised official on behalf of the City. This release is also granted with the understanding that the City bas satisfied itself that the ow of the fee y deposit up to 30 efs into theny . system without aadvema rse impact upon the airport. Execution of this document should he acomplished pursuant to an appropriate solution authorizing the execution of this agreement and approving the terms and conditions containedtherein. The resolution any incorporate the instrument by reference and have it attached thereto or in the alternative It my have it set forth at length therein. Subsequent t0 Its execution, we will require the following be sent to this office: 1. Conformed copy of the executed Instrument of Release with recording data, either separate from the conformed copy or as a part thereof. 2. Certified copy of the resolution. 3. Copy of the executed instrument of transfer to the grantees named in the release. Sincerely, �v/// B ✓ is aid D. LYftiv Chief, Airports Division Enclosure DEED OF R&.EASE This instrument, a Deed of Release, made by the United States of America acting by and through the Administrator of the Federal Aviation Administration, under and pur uant to the pot and authority contained in [M1e Provisions of Public Lame 81-311, (63 Stat. 100), as amended, to the Inhabitants of the City of Bangor, a body politic under the lams of the State of Maine. G I T NESSE I WHEREAS the Administrator of General Services acting for and on behalf of the United States of America by Instrument of Transfer dated December 18, 1968, recorded in the Penobscot Registry of Deeds, in Volume 2148 at Page 67, transferred and conveyed to the Inhabitants of the City of Bangor a certain atom drain easement (hereinafter referred to as the Storm Main Easement), and WHEREAS the Storm Drain Easement is subject to a reservation and restriction under Paragraph No. 9A of the aforesaid Instrument Transfer, "That n property transferred by this instrument shell be used, leased, sold, salvaged or disposed of by the Grantees for other than the airport purposes wi Chant the Written consent of the Administrator of the FAA.% and WHEREAS the City of Bangor has duly petitioned the Federal Aviation Adminiattation for a release of the Storm Drain Easement, free the provisions of said reservation and restriction No. 9A upon the ground that the easement sought to be released does not accurately reflect the course of the are= drain system installed, and WHEREAS the present owners of the fee to Ms Which the easement applies have agreed to grant a easement tothe City of Bangor in exchangefor a grant of the existing easement and a right to use the existing storm drain system for the deposit therein of surface water drainage not to exceed thirty (30) cubic feet per second based on twenty-five year expectancy, and for the foregoing reasons the Federal Aviation Administration 3s satisfied that it Is in the interest of the United States, civil aviation, the public and the airport to grant the petition sE the City of Bangor for the requested release and that such release wi1L not prevent accomplishment of the purpose for Micb the facility Was transferred. NOH TBACEPORE for and in consideration of the above expressed recitals, and of the benefits to accrue to the United States and to civil aviation, Me United States of America, hereby releases the said atom drain easement free the e conditions, reservations, and restrictions a contained,in the above mentioned Instrument of Transfer from the United States of America to the City of Bangor, Maine, dated December 18, 1968, Mich said easement is described as follows: A Perpetual and assignable easement and right-of-way in, upon, under, war r and across the fallowing described land situated In the City of Bangor, County of Penobscot, State of Maine: A strip of Land ten feet in Width and approximately 1797 feet in length, 5 feet either aide of the following described center line: beginning at a point on the southwesterly side of Union Street, said paint being northwesterly 166 feet, Fare or legs, free the northeasterly corner of land of the Grantors;- _ thence through Land of Grantors, South 41 degrees 12' 05" West 1333 feet, Fare or less, to a point With coordinates North 354,706.24 -East 422,708.60 in the Maine East Rectangular Coordinate System and Worth 48 degrees 47' 55" West 462 feet, more or lea , to land of the United States. Containing 0.40 acres, more of less. The easement and rights is for a right-of-way to construct, maintain, repair, operate, Patrol, replace, and/or remove a Store Drain With all fittings and appliances thereto, and Including the rights hereinafter described. Together With the right to [rim, cut, fell and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures o obstacles within the limits of the right-of-way and for such distance Beyond said limits and adjacent thereto as is necessary to Provide adequate clehrance, and to eliminate interference With, or hazards to the structures or utilities placed or coast utas o r under said land within the limits of said easement and rightrof-way. By its acceptance of this Dead of Release the Inhabitants of the City of Burger, State of Maine covenants and agrees for Itself, its mmeessora and assigns, to comply with and observe the conditions and limitations hereof, Mich are expressly limited to the above described property. IN WITNESS UNESCO the United Stereo of America has caused this Deed of Release to he executed as of the cs/1%t day o£'Fs �, �t/ UNITED STATES oP AMERICA PEDEBAB AVIATION ADMINISTRATION By: .//nP✓v " .� Gera D. COrr 1, Chief, Airports *ision. New England Region ACCEPTED: Inhabitants of the City of Bangor By: Commonwealth of Massachusetts) as. Councyof Middlesex) in Burlington, in said County and State of the 8a�day of r'av:-✓^k 19e?f before me personally appeared Gerald B. Curtin,Chief, Airports Diels . Federal Aviation Administration, Burlington, Massachusetts duly SUPonered and authorized and delegated.by the Administrator of the Federal Aviation Administration, to me Raton and know to me to be the party executing the foregoing Instrument and acknowledged said instrument by him duly executed to be the free act and deed of the United States of America, as his free act and dead, Individually, and in his capacity as Chief. Airports Division, Federal Aviation Administration, Burlington, Massachusetts. (REAL) � Lam_ ., My comml to piss: State of Maine County of Penobscot In Bangor, Maine, in said County and State, on the __ day of , before me, then and there appeared duly ompuveted and authorized a:di delegated. Mo signed the foregoing instrument and acknowledged the same to be big free act and deed 1n his said capacity and the free act and deed of the Inhabitants of the City of Bangor. (SEAL) NOTARY PUB6IC My Commission Expires: