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Home My WebLink About2003-11-10 04-13 ORDERCOUNCIL Item No, 04-13 Date: November l0 ]003 Item/Subject: ORDER, Authorizing the Acceptance of Deed From United States of America - Bangor International Airport Responsible Department: Legal In 1968 the United States rammed to the City property it had taken during World War R to create Dow Air Force Base plus some additional land it had acquired. The 1%8 deed did not include two small parcels, one being flue location of the fuel banks and the second a small parcel nearby with related equipment. The Federal Government recently noticed that this property was not included in the 1968 deed and wishes to deed the property to the City. This Order will authorize the acceptance of the Deed. D ent Head Manager's Comments: City Manager Associated Information: Deed Budget App l: Finance Director City Solicitor I tl for �A_ft y passage FeetReading Rage 1 of Referral Oc-13 November 10, 2003 � 'v Assigned to Councibr ajim ., CITY OF BANGOR (MU.) ORDER, Authorizing the Acceptanceof Deed From United States of America—Bangor lnternatimmJ Airport By the City Connell ofthe City of Bangor: OEUEREA, T Tthe 0 L Manager, on behalfofflue City of Bangor, is hereby autcnixed to execute the acceptance of a Deed from vhe United States of America. Said Dced is attached hereto. n cin wwcn November 10, 2003 Motion nide and seconded Fees asea98ege ©.88H (TITLE,)Anth ria.ivg the Acceptance of Used from united states of Imericia - Bangor xvurvatiaml Airport Assigned ro Councilor fPLL &44 City of fah of w ww.bsrmeOraorg November 13, 2003 By Federal Exaress William A. Costa, Chief Will a Property Disposal AdeMan: Ml Cushing U.S. General Sew4es Administration Thomas P. O'Neill, Jr. Federal Building 10 Canal Street, Room 925 Porton, MA 02222 Dear Meta: 207/995-4400 Net 207i9454449 nom an.heitmanroBblrme.org lohn.hamerpbgrme.org LEGAL DEPARTMENT Norman S. Hellmann. ill, Car Solicitor John K. Hemer, Assimed only Solicitor Enclosed please find an oiglnal and one signed copy of a Deed from the United States of Amer se to the Ciry a Bangor for two small paroAs of cum containing 1.71 arses at Bangor International Airport. The execution dthis Deed was authorized by the Bangor City Courxil at its regular meeting (held on November 10tl1 pursuant to Covoril Oder #0413. Once the Deed has been signed by Dennis Smith of your office, please return the original to us for motioning in the Pembsmt County Registry d Deeds. My seoetary will relay the recoding information to you. I trust this finalizes do matter. However, Rthere are any fuller questions, please feel flee to cull my office. Sincerely, ninon 5. n, IT ❑ry Solomon 73 Harlow Street a Bangor, Maine 04401 04-13 ' BK 9120 Pa111 33946 12-10-2003 a Ole13o DEED KNOW ALL MEN BY THESE PRESENTS, that the UNITED STATES OF AMERICA, acting by and through the Administrator of General Services, under and pursuant to the general authority contained in the provisions of the Federal Property and Administrative Services Act. of 1949, (63 Stat. 377, 40 USC 471 at, seq.) as amended, and the rules, regulations and orders promulgated thereunder, and according to the reverter provisions delineated in the Declaration of Taking filed August 7, 1944 for Civil Case #184 in the United States District for the District of Maine, Northern Division, having an address of General Services Administration, New England Region, Thomas P. O'Neill Federal Building, 10 Causeway Street, Boston, Massachusetts 02222 (the "Grantor), for and in nominal consideration of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, does hereby GRANT, GIVE, REMISE, AND RELEASE, without covenants, warranties or representations of any kind or nature, express or implied, unto the CITY OF BANGOR, a municipal corporation having an address of 287 Godfrey Boulevard, Bangor, Maine 04401 (the'Grantee"), its successors and assigns all such night, title, and interest as the Grantor has in and to certain real property, located in the City of Bangor, County of Penebscot, Maine. The property is comprised of two parcels of land containing 171 acres with improvements thereon (the "Property'), as more particularly described in Exhibit "A" attached hereto and incorporated herein. The Property is conveyed subject to any and all existing reservations, easements, restrictions, covenants, and rights, recorded or unrecorded, including those for subsurface mineral rights, roads, highways, streets, railroads, power lines, telephone lines and equipment, pipelines, drainage, sewer and water mains and lines, public utiiities and rights-of-way, and including but not limited to, any specific easements, reservations, rights, and covenants described herein; any state of facts that would be disclosed by a physical examination of the Property any state of facts that an accurate and adequate survey of the Property would disclose; and any and all other matters of record. The Property is conveyed subject to the following further covenants, conditions, matters and restrictions: CONDITION OF PROPERTY. The Grantee, in accepting this Deed, acknowledges, and attests that it has inspected, is aware of, and accepts the condition and state of repair of the Property. it is understood and agreed that the Property is conveyed 'as is' and 'where is' without any representation, warranty or guarantee of any kind or nature, express or implied, including, without limitation, any representation, warranty or guarantee as to quantity, quality, character, condition, size or kind, or that the same is in any particular condition or fit to be used for any particular purpose. The Grantee, in accepting this Dead, acknowledges that the Grantor has made no representation or warranty concerning the condition or state of repair of the Property that has not been fully set forth in this Dead. NOTICE & COVENANT REGARDING HAZARDOUS SUBSTANCE ACTIVITY Pursuant to Section 120(h)(3)(A)(i) of the Comprehensive Environmental Response, Compensation and Liability Ad of 1980, as amended (CERCLA)(42 U.S.C. §9620(h)(3)(A)(i)), and based upon a complete search of agency files, the United States gives notice that 'Exhibit W provides the following information: (1) the type and quantity of hazardous substances that were known to have been released or disposed of or stored for one year or more on the Property; (2) the time such storage, release or disposal took place; and (3) a description of remedial action taken, if any. CERCLACovenent. Gramorwarrarks that all remedial action necessary to kA 08-13 Bic 9120 PS112 063946 any specific easements, reservations, rights, and covenants described herein; any state of facts that would be disclosed by a physical examination of the Property any state of facts that an accurate and adequate survey of the Property would disclose; and any and all other matters of record. The Property is conveyed subject to the following further covenants, conditions, matters and restrictions: CONDITION OF PROPERTY. The Grantee, in accepting this Deed, acknowledges, and attests that it has inspected, is aware of, and accepts the condition and state of repair of the Property. it is understood and agreed that the Property is conveyed 'as is' and 'where is' without any representation, warranty or guarantee of any kind or nature, express or implied, including, without limitation, any representation, warranty or guarantee as to quantity, quality, character, condition, size or kind, or that the same is in any particular condition or fit to be used for any particular purpose. The Grantee, in accepting this Dead, acknowledges that the Grantor has made no representation or warranty concerning the condition or state of repair of the Property that has not been fully set forth in this Dead. NOTICE & COVENANT REGARDING HAZARDOUS SUBSTANCE ACTIVITY Pursuant to Section 120(h)(3)(A)(i) of the Comprehensive Environmental Response, Compensation and Liability Ad of 1980, as amended (CERCLA)(42 U.S.C. §9620(h)(3)(A)(i)), and based upon a complete search of agency files, the United States gives notice that 'Exhibit W provides the following information: (1) the type and quantity of hazardous substances that were known to have been released or disposed of or stored for one year or more on the Property; (2) the time such storage, release or disposal took place; and (3) a description of remedial action taken, if any. CERCLACovenent. Gramorwarrarks that all remedial action necessary to kA protect human health and the environment has been taken before the data of this conveyance. Grantor warrants that it shall take any additional response action found to be necessary after Me data of this conveyance regarding hazardous substances located on the Property on the date of this conveyance. (1) This covenant shall not apply: (a) in any case in which Grantee, its successors or assigns, or any successor in interest to the Properly or pad thereof is a Potentially Responsible Party (PRP) with respect to the Property immediately prior to Ne date of this conveyance; OR (b) to the extent that such additional response action or part thereof found to be necessary is the result of an act or failure to act of the Grantee, its successors or assigns, or any party in possession after the date of this conveyance that either: (i) results in a release or threatened release of a hazardous substance that was not located on the Property on the dale of this conveyance; or, (ii) causes or exacerbates the release or threatened release of a hazardous substance the existence and location of which was known and identified to the applicable regulatory authority as of the date of this conveyance. (2) In the event Grantee, its successors or assigns, seeks to have Grantor conduct any additional response action, and, as a condition precedent to Grantor mourning any additional cleanup obligation or related expenses, the Grantee, its successors or assigns, shall provide Grantor at least 45 days written notice of such a claim. In order for the 45 -day period to commence, such notice must include credible evidence that: (a) the associated contamination existed poor to the date of this conveyance; and (b) the need to conduct any additional response action or part thereof was not the result of any act or failure to ad by the Grantee, rts successors or assigns, or any party in possession. Reservation of Ri0ht of Access. Grantor reserves a right of access to all portions of the Property for environmental investigation, remediation or other camedive 04-13 lelc 9120 Pall :33946 protect human health and the environment has been taken before the data of this conveyance. Grantor warrants that it shall take any additional response action found to be necessary after Me data of this conveyance regarding hazardous substances located on the Property on the date of this conveyance. (1) This covenant shall not apply: (a) in any case in which Grantee, its successors or assigns, or any successor in interest to the Properly or pad thereof is a Potentially Responsible Party (PRP) with respect to the Property immediately prior to Ne date of this conveyance; OR (b) to the extent that such additional response action or part thereof found to be necessary is the result of an act or failure to act of the Grantee, its successors or assigns, or any party in possession after the date of this conveyance that either: (i) results in a release or threatened release of a hazardous substance that was not located on the Property on the dale of this conveyance; or, (ii) causes or exacerbates the release or threatened release of a hazardous substance the existence and location of which was known and identified to the applicable regulatory authority as of the date of this conveyance. (2) In the event Grantee, its successors or assigns, seeks to have Grantor conduct any additional response action, and, as a condition precedent to Grantor mourning any additional cleanup obligation or related expenses, the Grantee, its successors or assigns, shall provide Grantor at least 45 days written notice of such a claim. In order for the 45 -day period to commence, such notice must include credible evidence that: (a) the associated contamination existed poor to the date of this conveyance; and (b) the need to conduct any additional response action or part thereof was not the result of any act or failure to ad by the Grantee, rts successors or assigns, or any party in possession. Reservation of Ri0ht of Access. Grantor reserves a right of access to all portions of the Property for environmental investigation, remediation or other camedive action. This reservation includes the night of access to and use of available utilities at reasonable cost to Grantor. These rights shall be exercisable in any case in which a remedial action, response action or corrective action is found to be necessary after the date of this conveyance, or in which access is necessary to carry out a remedial action, response action, or corrective action on adjoining property. Pursuant to this reservation, the United States of America, and its respective officers, agents, employees, contractors and subcontractors shall have the right (upon reasonable advance written notice to the record title owner) to enter upon the Property and conduct investigations and surveys, to include drilling, test -pitting, borings, data and records compilation and other activities related to environmental investigation, and to carry out remedial or removal actions as required or necessary, including but not limited to the installation and operation of monitoring wells, pumping wells, and treatment facilities. Any such entry, including such activities, responses or remedial actions, shall be coordinated with record title owner and shall be performed in a manner that minimizes interruption with activities of authorized occupants. TEST WELLS. By acceptance of this Deed, the Grantee covenants and agrees for itself, its successors and assigns, to comply with and observe all of the conditions and limitations hereof and to assume responsibility to monitor test wells on the Property until the Maine Department of Environmental Protection Agency eliminates this requirement as evidenced by the recording of a 'No Action Letter' with the Penobscot County Registry of Deeds. 'Exhibit B'.' attached hereto and incorporated herewith provides further information on hazardous substance activity at the Property. LEAD PAINT. The improvements on the Property may contain lead-based paint. By acceptance of the Deed, the Grantee acknowledges that it has been afforded an opportunity to inspect the Property and to test for evidence of lead-based paint. Grantee acknowledges that Grantor shall have no liability for the removal of lead-based paint, nor for any damage or injury related to the existence of lead - C 04-13 Sic 9120 Pa114 4f53946 action. This reservation includes the night of access to and use of available utilities at reasonable cost to Grantor. These rights shall be exercisable in any case in which a remedial action, response action or corrective action is found to be necessary after the date of this conveyance, or in which access is necessary to carry out a remedial action, response action, or corrective action on adjoining property. Pursuant to this reservation, the United States of America, and its respective officers, agents, employees, contractors and subcontractors shall have the right (upon reasonable advance written notice to the record title owner) to enter upon the Property and conduct investigations and surveys, to include drilling, test -pitting, borings, data and records compilation and other activities related to environmental investigation, and to carry out remedial or removal actions as required or necessary, including but not limited to the installation and operation of monitoring wells, pumping wells, and treatment facilities. Any such entry, including such activities, responses or remedial actions, shall be coordinated with record title owner and shall be performed in a manner that minimizes interruption with activities of authorized occupants. TEST WELLS. By acceptance of this Deed, the Grantee covenants and agrees for itself, its successors and assigns, to comply with and observe all of the conditions and limitations hereof and to assume responsibility to monitor test wells on the Property until the Maine Department of Environmental Protection Agency eliminates this requirement as evidenced by the recording of a 'No Action Letter' with the Penobscot County Registry of Deeds. 'Exhibit B'.' attached hereto and incorporated herewith provides further information on hazardous substance activity at the Property. LEAD PAINT. The improvements on the Property may contain lead-based paint. By acceptance of the Deed, the Grantee acknowledges that it has been afforded an opportunity to inspect the Property and to test for evidence of lead-based paint. Grantee acknowledges that Grantor shall have no liability for the removal of lead-based paint, nor for any damage or injury related to the existence of lead - C based paint on the Property. Grantee shall be responsible for compliance with all applicable Federal, Slate and/or local laws, ordinances, orders and regulations relating to lead4oased paint, including, if required, taking steps for its removal. OBJECTS AFFECTING NAVIGABLE AIRSPACE. Based on cookination between ire General Services Administration and the Federal Aviation Administration(FAA) as recommended in House Report 95-1053, entitled "FAA Determination of'No Hazard' for Structures New Aiipori it has been determined that the Bangor International Airport is within 6 nautical air miles of this property. FAA has beenapprised of the Property, and that the Grantors conveyance document will contain a provision that the Grantee, its successors and assigns, and every successor in interest to the Property herein described, or any part thereof, must prohibit any constmcflon or alteration on the Property unless a determination of no hazard to air navigation is issued by FAA under 14 CFR Part 77, "Objects Meeting Navigable Airspace,' or under the authority of the Federal Aviation Act of 1958, as amended. Grantee further accepts the following restrictions: 1. An aviation easement and right of way over fire Property for the use and benefit of the public and for the unobstructed flight of - aircraft, at or above and imaginary plane at Three Hundred Twenty -Four (324) feet above mean sea level (MSL); and 2. An unrestricted right of entry for the the United Stales, its agents and assigns, over and onto the Property to remove or demolish structures or to cul and lop trees or vegetation projecting above such imaginary plane; and 3. The right for the use and benefit of the public to cause in the air space above the surface of the Property such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said air space for landing at, taking off from, or operating on the airport; and 4. The Property shall not be used for any purposes which may interfere with the use, operation, maintenance and further M-13 Sk 9120 Pa115 953946 based paint on the Property. Grantee shall be responsible for compliance with all applicable Federal, Slate and/or local laws, ordinances, orders and regulations relating to lead4oased paint, including, if required, taking steps for its removal. OBJECTS AFFECTING NAVIGABLE AIRSPACE. Based on cookination between ire General Services Administration and the Federal Aviation Administration(FAA) as recommended in House Report 95-1053, entitled "FAA Determination of'No Hazard' for Structures New Aiipori it has been determined that the Bangor International Airport is within 6 nautical air miles of this property. FAA has beenapprised of the Property, and that the Grantors conveyance document will contain a provision that the Grantee, its successors and assigns, and every successor in interest to the Property herein described, or any part thereof, must prohibit any constmcflon or alteration on the Property unless a determination of no hazard to air navigation is issued by FAA under 14 CFR Part 77, "Objects Meeting Navigable Airspace,' or under the authority of the Federal Aviation Act of 1958, as amended. Grantee further accepts the following restrictions: 1. An aviation easement and right of way over fire Property for the use and benefit of the public and for the unobstructed flight of - aircraft, at or above and imaginary plane at Three Hundred Twenty -Four (324) feet above mean sea level (MSL); and 2. An unrestricted right of entry for the the United Stales, its agents and assigns, over and onto the Property to remove or demolish structures or to cul and lop trees or vegetation projecting above such imaginary plane; and 3. The right for the use and benefit of the public to cause in the air space above the surface of the Property such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said air space for landing at, taking off from, or operating on the airport; and 4. The Property shall not be used for any purposes which may interfere with the use, operation, maintenance and further 04-13 Bk 9120 Pg116 053946 development of Bangor International Airport, and in addition, no use shall be made of said land and improvements thereon for purposes which shall create or result in a hazard to flights including, but not limited to, any purpose which will (a) produce electrical interference with radio communications; (b) make it diffiwlt for pilots to distinguish between airport lights and others;(c) project glare in the eyes of pilots;(d) impair visibility in the vicinity of the airport or (e) otherwise endanger the landing, taking off and maneuvering of aircraR;and 5. The restrictions and easements set forth as 1-4 above shall run with the land unless and until the lands comprised in the Bangor International Airport are no longer used for airport purposes. - This conveyance is not subject to the requirements of 10 U.S.C. 2662. All of the covenants, com ikons, restrictions and obligations described in this Deed run with the Property and are binding upon the Grantee and its heirs, successors and assigns. Grantee's acceptance of this Deed is an acknowledgement that it is bound by all such covenants, conditions, restrictions and obligations. Meaning and intending to convey all right, title and interest of the Grantor as conveyed to the United States of. America as evidenced by the following: A Declaration of Taking filed August 7, 1944 for Civil Case #184 in the United Slates District for the District of Maine, Northern Division and Final Judgment on said rase dated March 9, 1940 and recorded at the Penobscot County Registry of Deeds at Volume 1207 Page 248. The Property is hereby conveyed pursuant to the reversion provisions delineated in said Declaration of Taking. 06-13 Isk 9120 Pa117 653946 TO HAVE AND TO HOLD the Property with all privileges and appurtenances thereunto belonging to said Grantee. IN WITNESS WHEREOF, the UNITED STATES OF AMERICA, acting by and through the Administrator of General Services has caused these presents to be duly executed for and in its name and behalf by Dennis R. Smith, Regional Administrator, New England Region,General Services Administration, who has this 94 day of WvvA4 2003 hereunto set his hand and seal. UNITED STATES OF AMERICA Actin and through the Ad nist for of Gene ervices By: Oen s R. Smith Regi al Administrator General Services Administration New England Region, Boston, MA Commonwealth of Massachusetts) County of Suffolk ) ss. In Boston, in said County and Stale, on this to day of uMjWbM 2003 before me personally appeared Dennis R. Smith, Regional Administrator, General Services Administration, Boston, Massachusetts, duly empowered and authorized, known by me to be the party executing the foregoing instrument and by him duly executed, to be his free act and deed in his capacity as Regional Administ2 General Services Administration, Boston, Massachusetts, SE Cor4l. Cl SEAL Car'°) N- CIIM o Notary Public My Commission expires: q/29'/cq 0k 13 Ek 9120 Pella 053946 & CONDITIONS The undersigned! acknowledges receipt of this Deed and the acceptance of each of the terms and conditions as recited herein. ACKNOWLEDGMENT State of Maine ) -Countyof Penobscot )ss. In Bangor in said County and State, on this 13thday of November 2W3 before me personally appearedarard A.. Barre'&Iy empowered and authorized, known by me to be the individual executing the foregoing instrument and by him duly executed, to be his free act and deed in his - capacity as City f said C and who further acknowledged that the same is t� free ad and dead of said City of Bangor. to Notary' Public,' �� My Commission expires 94.7.7 63' EXHIBIT "A" LEGAL DESCRIPTION Parcel NO7 Beginning at an iron pipe in the extreme Northerly corner of the herein described parcel of land said pipe having coordinates of North 357,044.89 East 420,981.26 in the Maine Coordinate System, East Zone; thence 555.12'07'E Ninety -Two and 22/100 (92.22) feet to an iron pipe, thence S35^01'S3"W One Hundred Twenty -Nine and 35/100 (129.35) feet to an iron pipe, thence - N22*13'22" One Hundred Twelve and 64/100 (112.64) feel to an iron pipe, thence N37006'53"E Silly -Eight and 10/100 (68.10) feel to the point of beginning. Containing 0.21 acres, more or less, Being the same parcel underlying the improvements designated as buildings 294 and 295 on a Maine Air National Guard Drawing dated June 26, 1996, entitled Waster Plan Maine Air National Guard Base Bangor, Maine', of record in the files of the Maine Air National Guard 101` Civil Engineering Squadron, 106 Ashley Street, Bangor, Maine 04401-3051, 04-13 6k 9120 Pw119 53946 EXHIBIT "A" LEGAL DESCRIPTION Parcel NO7 Beginning at an iron pipe in the extreme Northerly corner of the herein described parcel of land said pipe having coordinates of North 357,044.89 East 420,981.26 in the Maine Coordinate System, East Zone; thence 555.12'07'E Ninety -Two and 22/100 (92.22) feet to an iron pipe, thence S35^01'S3"W One Hundred Twenty -Nine and 35/100 (129.35) feet to an iron pipe, thence - N22*13'22" One Hundred Twelve and 64/100 (112.64) feel to an iron pipe, thence N37006'53"E Silly -Eight and 10/100 (68.10) feel to the point of beginning. Containing 0.21 acres, more or less, Being the same parcel underlying the improvements designated as buildings 294 and 295 on a Maine Air National Guard Drawing dated June 26, 1996, entitled Waster Plan Maine Air National Guard Base Bangor, Maine', of record in the files of the Maine Air National Guard 101` Civil Engineering Squadron, 106 Ashley Street, Bangor, Maine 04401-3051, O4-13 BR 9120 Pa12O 033946 Parcel No.4 Beginning at an iron pipe located near the former Dow AFB fence near Union Street; thence running Northwesterly along Union Street Four Hundred Three and 501100 (403.50) feet to an iron pipe, thence S33046'53° W One Hundred Seventy -Five and 701100 (175.70) feet; thence 851°49'07" E One Hundred Fifteen and 741100 (115,74) feet; thence S34059'530 W Fifty -Six and 56/100 (56.56) feet, thence 857007'08" E Two Hundred Seventy -Nine and 52J100 (279.52) feet; thence N3601 T57 E Two Hundred Thidy-Two and 18/100 (232.18) feet, to the point of beginning. _ Containing 1.50 acres, more or less, and being the same parcel underlying the improvement designated as Tank 4 on a Maine Air National Guard Drawing dated June 26, 1996, entitled "Master Plan Maine Air National Guard Base Bangor, Maine", of record in the files of the Maine Air National Guard 101e Civil Engineering Squadron, 106 Ashley street, Bangor, Maine 044013051. No Transfer Tax Paid 10