HomeMy WebLinkAbout1994-08-08 94-350 ORDERDate Item No. 94-350
C t Autloxiziw tie Transfer of an muriment/
mcaiae - Pcanklin Staeet Sitlawalk AtrLaa
Item/Subject
Responsible Department laagaV ty DaVelopmeart
Commentary:
The trarefer of this Fasemnt/cicenee fr® FxaNclin Street Marti atee to
Pierce Rlock amity 9.1ast is cegaa ore to the pmxhW aala of Thee
property. This itaa ware xvvi i and approve] at the 8-2-94 Maucipal
opexatione C®mrtee..
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Manager's Commenn:
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Anocimed Informatlon:
order, ratter
Budget Approval:
Funnel DimRw
Legal Approval
Cay Sdiritw
Introduced For
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First Reading page _ of —
❑Referral
94-35P
Amdred to Coundw TYLER August 8,1994 -�
CITY OF BANGOR
(TITLE.) M11,be1,' Authorizing the Transfer of an Easement/License -
Franklin Street Sidewalk Atrium
.___.. .. ........_ .......... _. ..............
BY the City Coa wl Of ad City ofBanpor:
THAT the City of Bangor hereby authorizes the transfer of an
Easement/License from Franklin Street Associates to the Pierce
Block Realty Trust. Said easement was conveyed by the City of
Bangor to Franklin Street Associates on September 33, 1993 and
recorded in the Penobscot County Registry of Deeds in Book 3452,
Page 44.
IN CITY COUNCIL 94-350
August 8, 1994 0 R O E R
Passed Councilor Stone Abstained
Title,
I iLbER
AucM1arizi cbe Tzansfei of as Easement
License Franklin Street Sidewalk Atrium.
' - -
Brent R. Slater Recel vzo jot 1596-350 yy'u
ATTORNEY AT NW "�Y%
BANGOR. MANE 04401
Mr. Rodney McKay
Director of Community Development
BANGOR CITY HALL
73 Marlow Street
Bangor, Maine 04401
Re: Pierce Block Realty Trust
Dear Rod:
I wanted to confirm our recent telephone conversation
regarding the property proposed to be purchased by Pierce Block
Realty Trust which consists of a building on Franklin and Central
Streets. When Franklin Street Associates first developed this
property, the atrium on Franklin Street was not part of the real
estate. There is a purported easement from the City of Bangor
which contains the following language:
"The rights conferred hereby shall be the privilege of
Grantee only, and no assignment or transfer hereof shall
be made, or other use be permitted than for the purpose
stated herein without the prior written consent of
Grantor." -
It thus appears that what was granted was not an easement,
but only a license. This has been transferred from Franklin
Street Associates to Maine Savings Bank, then to RECOLL
'Management, and later to Calaska Partners without the consent of
the City. My question is, how can my prospective purchaser of
this property obtain an easement for the maintenance of the
atrium? Please get back to me at your earliest convenience.
Thank you for your cooperation in this matter. -
Best personal regards. -
Very truly yours,
Bent R. Slate[
BRS/mmc
,,.......
July
14, 1994
=e..o-=...
Mr. Rodney McKay
Director of Community Development
BANGOR CITY HALL
73 Marlow Street
Bangor, Maine 04401
Re: Pierce Block Realty Trust
Dear Rod:
I wanted to confirm our recent telephone conversation
regarding the property proposed to be purchased by Pierce Block
Realty Trust which consists of a building on Franklin and Central
Streets. When Franklin Street Associates first developed this
property, the atrium on Franklin Street was not part of the real
estate. There is a purported easement from the City of Bangor
which contains the following language:
"The rights conferred hereby shall be the privilege of
Grantee only, and no assignment or transfer hereof shall
be made, or other use be permitted than for the purpose
stated herein without the prior written consent of
Grantor." -
It thus appears that what was granted was not an easement,
but only a license. This has been transferred from Franklin
Street Associates to Maine Savings Bank, then to RECOLL
'Management, and later to Calaska Partners without the consent of
the City. My question is, how can my prospective purchaser of
this property obtain an easement for the maintenance of the
atrium? Please get back to me at your earliest convenience.
Thank you for your cooperation in this matter. -
Best personal regards. -
Very truly yours,
Bent R. Slate[
BRS/mmc