HomeMy WebLinkAbout1990-01-22 90-58 ORDERAcua'r
Date 1u22-90
Item No. 90-58
Item/Subject: Ratifying Axecution of Agreement
and Grant of Basements
to Burgandy Realty Trust, Christopher Hutchins,
Trustee
Responsible Department 1
^ �_
Commentary:
There has been a slight change in the needs
of Burgandy Realty
Trust to occupy South Street. The purpose of this Order is to
simply ratify a modified agreement for such
purposes.
Manager's Comments:
City Mmmgn
Associated Information:
Butlget Approval:
'Ile PAZIr
Legal Approval:
city sordtor
Introduced For
[Plassage Page — of
❑ First Reading
❑Referral
90-58
Awiped to Councibr Sullivan. January 22, 1990
CITY OF BANGOR
(TITEEJ @riMa Ratifying Execution f Agreement and Grant of
Easements to Bungandy Realty Trust, Christopher Hutchins, Trustee
BY the Oily Caused of the City OfBanyor:
ORDERED,
THAT
WHEREAS, by Council Order adopted on August 14, 1989, the City
Council approved the framework of an agreement between the City of
Bangor and Surgandy Realty Trust for purposes of limiting public
access to South Street and providing for certain landscaping as
previously approved by the planning Board for said South Street,
said landscaping to be installed in conjunction with the
rehabilitation of Burgandy Realty Trust's property on South Street;
and
WHEREAS, Burgundy Realty Trust has obtained an option to purchase
the only remaining property abutting said South Street; and
WHEREAS, the circumstances have changed somewhat in respect to the
needs for public access to said South Street; and
WHEREAS, the City Manager has executed an agreement, a copy of
which is on file in the office of the City Clerk, which
contemplates the abandonment of said South Street and the
reservation of a limited public easement,
NOW, THEREFORE, Ey the City Council of the City of Bangor be it
ORDERED,
THAT the execution of said agreement by the City Manager is hereby
ratified.
In City Council January 22,1990
Passed
C1� c
Title,
Ratifying ExecvtS of Agreerest and
:...................... 4...............
Mani of Rasa is to Hucgandy Realty
'......................Ne...........
T t C tstcph Hutch' Tinstee
A igol to
Councilman
9
AGREEMENT AND GRANT OF EASEMENTS
THIS AGREEMENT IS DATED THIS day of January, 1990,
and is between the CITY OF BANGOR, a municipal corporation, at
Bangor, County of Penobscot, State of Maine (hereinafter referred
t0 as "City'), and CHRISTOPHER HUTCHINS, as TRUSTEE OF BURGUNDY
REALTY TRUST, under Declaration Of Trust dated July 1, 1988,
recorded in Volume 4286, Page 209, Penobscot Registry Of Deeds
(hereinafter referred to as "Trust").
RECITALS
1. City Owns certain easement rights Over that part or
portion of South Street, as shown on Schedule A attached.
2. Trust owns that parcel of land with buildings
located thereon as shown on Schedule A attached (identified as
••Trust'). Trust desires to improve, rehabilitate, develop,
rebuild and reconstruct the building on said premises, and in
order to do so requires certain easement rights on that portion
of South Street as indicated on Schedule A,
3. Auto Paint Supply, Inc. is owner of record of that
lot or parcel of land with buildings thereon, as shown On
Schedule A (identified as -Auto Paint"). By 'Option and Right of
First Refusal- dated September ], 1989, recorded in Volume 4515,
Page 17, Auto Paint Supply, Inc., granted certain rights in and
to said premises to W. C. Weatherbee s Sons, Inc. By instrument
Of recent date, W. C. weatherbee s Sons, Inc., has assigned to
Trust its rights under the Option to purchase said premises, and
Trust intends to exercise said Option and purchase premises of
Auto Paint within six months from date hereof.
4. By order dated August 14, 1989, the City Council of
the City of Bangor approved the framework of an agreement between
the City of Bangor and Burgundy Realty Trust (Schedule B
attached).
5. Upon acquisition of the premises of Auto Paint,
reference paragraph 3 above, Trust will own premises on both
sides of South Street. At that time, Trust will request that
South Street be discontinued by formal action of the City of
Bangor, City Council.
NOW THEREFORE, FOR CONSIDERATION PAID, THE PARTIES AGREE
AS FOLLOWS:
A. The City hereby grants to Trust an easement for its
purposes in rehabilitating, develooing, reconstructing and
improving the buildings on its property, including construction
of buildings and improvements as shown on Schedule C, landscape,
access (by vehicle and on foot), utilities (above and below
ground), and any other purpose necessary for Trust in the said
use of its premises. The parties agree that the easement for
construction purposes, including rehabilitation, development, and
landscaping, will become effective only when South Street is
abandoned by official action of the City of Bangor.
B. Trust agrees to rehabilitate its premises, and to
build and maintain that certain pedestrian bridge as shown on
Schedule D, to landscape and maintain the landscape of those
premises described in A above.
C. Upon termination of South Street, as above
referenced, the City of Bangor will reserve a public easement
over and across as much of South Street as necessary to provide
public access on foot. The intent is to abandon South Street and
reserve a public easement over and across South Street for use of
the public.
D. This grant of easement is given for purposes of
satisfying the requirements of Trust and .its Grantee and
Assignees (including Mortgagees), in the building, rebuilding,
development, rehabilitation, construction and improvement of its
buildings on its premises as described above.
To the extent that this Agreement may affect their
property rights, Auto Paint Supply, Inc., and W. C. weatherbee s
Sons, Inc., have reviewed this Agreement; they agree to its
terms, and have hereunto sat their corporate seals and caused
this Agreement to be executed in their corporate Names this day
aforesaid.
W1gyN\c�py��J� C BANG0�0.
By'�//
Edward A. Barrett
Its: City Manager
BURGUNDY REALTY TRUST
By: Christopher Hutchins
Its: Trustee
- 2
STATE OF MAINE
COUNTY OF PENOBSCOT ,January 17,_1990
Then personally appeared the above-named Edward A. Barrett
in said capacity for the City of Bangor and acknow edgededged the
foregoing instrument to be his free act and deed, and the free
act of deed of the City of Bangor.
Before me, � ^�„
Name: Robert E. M�l1\ler
Attorney -at -Law
NetaSy-Public
Print Name: Robert E. Miller
STATE OF MINE
COUNTY OF PENOBSCOT
1990
Then personally appeared the above-named Christopher
Hutchins as Trustee of Burgundy Realty Trust and acknowledged the
foregoing instrument to be his free act and deed, and the free
act and deed of said Trust.
Before me,
Print
- 3 -
Attorney -at -Law
Notary Public