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