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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