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HomeMy WebLinkAbout2017-12-11 18-045 ORDERTitle, Order CITY COUNCIL ACTION Council Meeting Date: 12/11/2017 Item No: 18-045 Responsible Dept: Legal Requested Action: Order 12/11/2017 18-045 Map/Lot: 041-062 Authorizing the City Manager to Execute an Easement with Cressey, Butler & Cohen, LLC - 29 Franklin Street, Map -Lot 041-062 Summary This Order will authorize the execution of an easement between the City of Bangor and Cressey, Butler & Cohen, LLC for the purpose of the removal of an existing atrium and construction and maintenance of a subgrade patio space for the benefit of the commercial or residential tenants of 29 Franklin Street. Cressey, Butler & Cohen are under contract to acquire the property at 29 Franklin Street. They wish to remove the existing atrium and replace it with a subsurface patio space located beneath the sidewalk, which requires an easement agreement with the City. Terms shall include the requirement that Cressey, Butler & Cohen remove the atrium, install a black wrought iron fencing 42" high, repair and maintain the area, keep it clear of snow and debris, and a prohibition of signs, permitting of seating and tables for the tenants and their guests and no other uses, and timelines for renovations and improvements, as well as other terms and conditions deemed neccessary and appropriate by the City Solicitor or the Assistant City Solicitor. Committee Action Committee: Business & Economic Development Committee Meeting Date: 10/03/2017 Action: Recommend for passage For: 5 Against: 0 Staff Comments & Approvals M L_8 1 City Manager Introduced for: New Business City Solicitor Finance Director CITY OF BANGOR ORDER Date: 12/11/2017 Item No: 18-045 Assigned to Councilor: Nichols 12/11/2017 18-045 Authorizing the City Manager to Execute an Easement with Cressey, Butler & Cohen, LLC - 29 Franklin Street, Map -Lot 041-062 WHEREAS, the City of Bangor is the owner of a certain right-of-way on Franklin Street; and WHEREAS, Cressey, Butler & Cohen, LLC is under contract to purchase the property at 29 Franklin Street (Map -Lot 041-062); and WHEREAS, the City of Bangor had previously granted an easement for an atrium and subgrade patio space for the property in a portion of the sidewalk within the City's right-of-way; and WHEREAS, Cressey, Butler & Cohen, LLC would like an easement from the City of Bangor for the same space to provide subgrade patio space for their commercial and/or residential tenants at 29 Franklin Street; Be it Ordered by the City Council of the City of Bangor that, Catherine M. Conlow, City Manager, is authorized on behalf of the City of Bangor to execute an easement with Cressey, Butler & Cohen, LLC in order for Cressey, Butler & Cohen, LLC to construct and maintain a subgrade patio space. Terms of the shall include the requirement that Cressey, Butler & Cohen remove the atrium, install a black wrought iron fencing 42" high, repair and maintain the area, keep it clear of snow and debris, and a prohibition of signs, permitting of seating and tables for the tenants and their guests and no other uses, and timelines for renovations and improvements, as well as other terms and conditions deemed neccessary and appropriate by the City Solicitor or the Assistant City Solicitor. Said easement shall be in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL DECEMBER 11, 2017 CO 18-045 COUNCIL CHAIR SPRAGUE DISCLOSED THAT THE BANK HE WORKS FOR HAS A RELATIONSHIP WITH THIS ENTITY. MOTION MADE AND SECONDED THAT COUNCILOR SPRAGUE HAD A CONFLICT OF INTEREST. MOTION DOUBTED COUNCILORS VOTING YES: GRAHAM, NICHOLS, SUPICA, TREMBLE COUNCILORS VOTING NO: DAVITT, NEALLEY, PERRY, WESTON MOTION DID NOT CARRY MOTION MADE AND SECONDED FOR PASSAGE PASSED 4IL) 4)f,-.6e,„ ) CITY CLERK