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
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CITY CLERK