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HomeMy WebLinkAbout1975-12-22 69 AD ORDER69 n Introduced by Gounc ilor story, December 22, 1971 CITY OF BANGOR (TITLE.) VYrlar Au hu i tug Acceptance of Deed to Pierce land Next to Babe Pare By the [Qty CwmY of City ofBaxacr WHEREAS, by previous Council Order, the Bangor City Council authorized the acquisition of some 38 acres located next to Bass Park and awned by 81ar:m Bass pierce of Woodstock, Vermont; and WHEREAS. by virtue of Council Resolve No. 304 AN, said Council hes provided for the appropriation of funds for the purchase of said land, said funds presently being held in a Spacial Trust and Agency Account established for such purposes, NOW, THEREFORE, By the City Council of the City of Bangor: ORDRRED. THAT the City Solicitor fs hereby authorized and directed to. accept on behalf of the City of Bangor a deed for said land, a true copy of said deed being on file in the office of the City Clerk and made a part hereof; and he it further ORDERED; THAT the Finance Director is hereby authorized and directed to pay to said Elaine Bass Pierce the am of $101.900 for purposes of completing said purchase.. STATEIffiNf OF PACE: The purpose of this Order Is to finalize the acquisition of the Pierce laid next to Bass Park. The closing is expected to take place during the first week of January, 1976. IN CITY COUNCIL 69 AD DecemOe[ 22, 1975 ' Y8888[1 2,tf 0 R D E R CITY CLE Tawe, Auf,ho[izing ACce(atance of Deed to. Intxoduced and R a .omc RECEIVED CITY OF BANGOR CITY CLERK'S OFFICE. 975 OEC -19 Ph 3 14 •GovEANANT Tido Covenant made thin day of 19_, betwnen city of Bangor - shoos uddreaa io City Hall Bangor, Mains 04401 (haioinal't cr with ibn vucDIMUo and uc::ig,o called the "Giw:;.ce" , and the Main one erre buil i' All'1IashingTI011, UGIT49 30 (he ei after with its oddx:b is Main witnaoc called "ng, Washington, M. 20230 (hereinafter with its ouccconors end aeaiGne called "t9A")1 MBiIIEAS, pursuant to application deeig,ated as EDA Frojoet Us. 01-01-0097. -a request was made by the Undersigned for financial assistance pursuant to the Fublic Works and Economic Development Act of 196$ (PL 89-136;U.S.C. 3121, at seq); and WB&l Xq by Offer of Grant dated ' dune 6 , 19 �2 , EDA offered a great in the amount of -3 360,000.00 to the Grantee to assist i f1musing the construction of international air Fas9enger arrivals building hereinafter called the "Project Facilities" - Ban90i Bnteznational Airport the location of which in more particularly described in Ekhibit "A" which is .attached hereto and made a part hereof; and- �S, on Tn, 12 - 19_12__r the Vndersig,ed accepted the Offer of Grant subject to the "Standard Tams end Conditiom". incorporated therein by reference; and WEEDF,AS, pursuant to the aforesaid "Standard Terme and Conditions" and by virtue of its acceptance of the Offer of Great, the Grantee covenanted and agreed that it, or a successor satisfactory to -EDA, will retain title to the. - Project Facilities for their venial life andthat the Project Facilities will be devoted to public purpose; ani 'W141G:A5, it is desirable that the Grantee'a covewat be recorded in the appropriate public records affecting real, property in a nab"rot cg •. Ma:Oe , and thereby constitute notice to all persons of restrictions on title to and use of.the Project Facilities; MOW, TflE[�F'OIiE, in consideration of financial assistance rendered and/or to be rendered by EDA and to assure that the benefitsofthe Project Facilities will wares to the public as intended by both EDA and the Grantee, the Grantee hereby covenants and agrees as follows: 1. That, the Grantee will retain its title to the Project Facilities and its title to the real property upon which said. Project Facilities are located, which real property is described in Exhibit "A" attachedheretoand made a part hereof. for the term 0f forty (40) years;. 2.That during thesaid team, the Project Facilities will be held for and be devoted to public purposes only; and. 3, That the covenants and restrictions herein contained shall be real covenants and shall ren with the land described in 11ohibit "A" hereto; ..provided, however, that the aforesaid covanerts and restrictions shall terminate after forty (40) years; provided further, however, that prior to the expiration of said team the covenants and xestrictions say be texamosted: only with the prior wrytten consent,lof EDA. IA ASTAASS plteAECF, the Undersigned has hereunto alt its hand as of the day and Year first sea" Written by its duly authorized officer. degrees orrover d1TEST: $rt .. TSLle: Title ' WT3RU'SSBS: SPATE OF CdSA1R OP On this day of r 19_r before me, a Aotaiy.. F blit, peraovally appeared known to me to be the person else.... in the Poregosng iratrament, and aclmow- ledged that he executed the same in the capacity therein stated and for the purpose therein contained, and that he is duly authorized to execute the laid. instrument. GIYEA MM AP AAAA AAD SEAL thin day of 19_ (SEAL) AOTAICf F lic 2 �z facilities including a concrete entrance walk, graded areas, and unloading facilities; and all other appurtenant structures„ _improvements, equipment, all as more specifically shown on Plans entitled "International Arrivale Building, Bangor Inter- national Airport, Bangor, Maine, Economic Development Adminis- tration Project No. 01-1-00577^ dated December 31, 1973, prepared by Francis J. Eels, Bangor, Mine, a copy of which are on file in the office of the City Engineer of the City of Bangor.. Exhibit A, Page 2 DESCRIPTION Of International Arrivals Building at Bangor International Airport. EDA :Project 01-1-005)] A building. at Bangor International Airport which is located On the northeasterly edge of the Heavy Duty Aircraft Apron, and .,approximately 80feetnorthwest from the existing Domestic Terminal Building, the principal features of which include the following: The main building has a ground floor area of 'approximately 22,000 square feet, and is designed specifically for the clearance of airlines passengers by U. S. customs, including facilities for incoming and outgoing baggage, inspection stations, and office facilities; a second floor having an area of approximately 14,000 square feet, primarily, designed for the clearance of airline passengers by the Public Health -Service and the Department of Immigration, consisting of an inspection area, office space, and hold room area; an unfinished third'. floor area of approximately 4,000 Square feet for future office space development; a second -level connecting Concourse to the existing Domestic Terminal Building; a 250 foot -long second -level Concourse extending in a south- westerly direction onto the Heavy Duty Apron, together with two (2) elevating -type passenger loading bridges; exterior Exhibit A, Page 1 MOW ALL MEN BY THESE PRESENTS THAT 1, Elaine Bass. Pierce, of Pomfret in the County of Windsor and State of Vermont, in consideration of one dollar ($1.00) and other valuable consideration paid by the. City of Bangor, a municipal corporation located in the County of Penobscot and State of Maine, thereceiptwhereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey to the City of Bangor, its successors and assigns so long as said premises shall be used for and devoted to one or some or all of the purposes hereinafter set forth and those purposes only, the following described parcel of land situate in said Bangor, to wit: Beginning at an iron bolt in the intersection of the generally - northerly line of Catell Street with the generally westerly line,. of Hubbard Street, thence, westerly on and by the said line of Catell Street four hundred twenty-two and four tenths (422.4) feet to an iron bolt; thence, at right angles and in a southwesterly direction one hundred and fifty (150) feet. to an iron bolt in the northeasterly line of land now or formerly owned by the City of Bangor; thence northwesterly by and along said northeasterly line of the City of Bangor two thousand four hundred fifty-one and forty-four. one hundredths (2451.44) feet to an iron bolt at the southwesterly corner of Crestmont Development; thence at an interior angle of 89003' and in northeasterly direction eight hundred twenty- five and four one hundredths (825.04) feet to an iron bolt; thence at an interior angle of 910 14' and in a southeasterly direction seven hundred thirty-three and seventy-five one hundredths (733.75) feet to an iron bolt; thence at an interior angle of 268°44' and in northeasterly direction five hundred four and eighty-five one hundredths (504.85) feet to an iron bolt in the southwesterly side line of Buck Street; thence southeasterly on and by said side .lineone hundred sixteen and ninety -live one hundredths (116.95) feet to a point; thence at right angles and in southwesterly direction by the line of Bass Park one hundred forty-two and six tenths (142.6) feet; thence deflecting to the left 6° 421 and in asouthwesterly direction by the line of Bass Park two hundred thirty-two and five one hundredths (232.05) feet; thencedeflecting to the left 570 04' and - in a southeasterly direction by the line of Bass Park seven hundred and seventy-seven (777) feet to a point; thence deflecting to the right 30 32' and in a southeasterly direction by the line of Bass Park five hundred ninety-three and five one. hundredths. (593.05) _._feet to a point; thence _ deflecting to the. left 180 47' and in southeasterly direction by the line of Bass Park two hundred eleven and eight tenths (211.8) feet to a point; thence deflecting to the left 79 38' and in a southeasterly direction by the line of Bass Park four hundred (400) feet to a point; thence deflecting to the left 730 59' and in a northeasterly direction by the line of Bass Park twenty-five (25) feet to an iron rod in the wesfexly- corner -of a parcel of land conveyed by Blaine Bass Pierce to the City of Bangor, May 1956; thence at right angles and in a southeasterly direction one hundred forty-four and ninety-nine one hundredths (144.99) feet to a -point; thence by a curve to the right sixty-two and eighty-nine one hundredths (62.89) feet to the point of beginning. The above described premises are conveyed 'subject to the rights Of the City. of Bangor to maintain a sewer line as granted in deed of Joseph P. Bass to the City of Bangor dated December 9, 1901 and recorded in Penobscot Registry of Deeds in Vol. 707 Page. 403 and its rights in a strip of land for a street conveyed by Joseph P. Bass to the City of Bangor by said deed above referred to. Any portion.' of the above described premises that may lie within the bounds of Norway Road, Carver Street and Brigham Street as laid out or a built and used is conveyed subject to any rights the grantee, the public or others may have in said streets. Meaning and intending to convey a pertion of the premises described in the following deeds, to wit:Samuel Jewett to Joseph P. Bass dated November ], 1882 and recorded in Penobscot County Registry of Deeds, Volume 536 Page 180; William H. Hussey to Joseph P. Bass dated December 29, 1882 and recorded in Penobscot County Registry of Deeds, Volume 535 Page 485; Horace A. Stone to Joseph P. Bass dated July 6, 1886 so recorded in said, Registry, Volume 568 Page 46; George A. Stone to Joseph P. Bass dated August 29, 1885 and recorded in said Registry Volume 558, Page 428. The said Joseph P. Bass devised his interest in said premises to Albert E. Bass, an abstract of his will beingrecordedin Vol. 908 Page 104 of the Penobscot Registry of Deeds. The grantor derives her interest in the premises under the will of the said Albert B. Bass, an abstract of which is recorded in said registry in Vol. 1013 Page 235. The premises herein described shall be held by the grantee and its successors and assigns as part of Bass Park and shall be forever used only for and devoted to Public Park purposes including, if the City shall see fit, semi-public purposes such as circuses, fairs, the City charging rental for such uses at its option. To have and to Hold the above described premises to the City of Bangor and its successors and assigns so long as said premises shall be used for and devoted to one or some or all of said purposes hereinabove set forth and those purposes only. I do covenant with the said Grantee its successors.. and assigns, that I on lawfully seized in fee of the premises; that they are free of all encumbrances, except as hereinabove set forth; that I have; good right to sell and convey the same to the said Grantee and that I and my heirs shall. and will warrant and defend the same to the said Grantee its successors and assigns :forever, against the lawful claims and demands of all persons, except as hereinabove set forth. InWitnessWhereof, I the said Elaine Bass Pierce, being a widow and unmarried, have hereunto set. my band and seal this day of - 1n the year of our Lord one thousand nine ..; .. hundred and seventy-five. - Signed, sealed and delivered. inpresenceof STATE OF. VERMONT Windsor, s 19]5 Personally appeared the above named Elaine Bass Pierce and acknowledged the foregoing instrument to be her free act and deed. Before me, NOtaYy -Pub-71 �c