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HomeMy WebLinkAbout1990-03-12 90-113 ORDERIron red For Passage - ❑ First Reading Poge_Of_ ❑ Referral 11" Date 3-121901Item No. 90-113 Item/Subject Authorizing City Manager to Execute Easement with Banmak Associates - Entrance Sign on Bangor Mall Boulevard Responsible Deiii-ar[ment Legal Commentary: .The purpose of this Order is to clarify the rights and responsibilities of Banmak Associatee:¢elative to the operation and maintenance of the sign at the entrance to Bangor Mail Boulevard. - peAarn yr Hevd M1ieneger's Comments: - * /mywdeormw1 a11k1s mak 9s ar. mad�a Otnll sM/r of 4Y/af C4?gr MrJfafd14a�l7, !t)U k) -111,11 K /d Ny27MXnY e%iJ /Yl/M/IIIY/e�l!% Anociarud Information: O) lkda; ComfP4kv, fl/1 DI �9(f farftl 0/ Budget Approval: .//,f /✓!9Dior" Legal Legal Approval Iron red For Passage - ❑ First Reading Poge_Of_ ❑ Referral 90-113 Aeaipadb Coandor 6aldaccl, March 12, 1990 CITY OF BANGOR (rITIE.) 009ra Autn iz.tng City Me n 11 ger toe cute Ea11 sement with Banmak Associates - Entrance Sign on Bangor Mall Boulevard BY AM City Ceunzit of Me City elBanow.. ORDERED, THAT WHEREAS, Bannak Associates have conveyed the present Bangor Mall entrance sign and sign site to the City of Bangor, i accordance with Chapter VI, Article 3, Section 6, Ordinances of the City of Bangor, for use as a Comercial/Industrial Park entrance sign; and WHEREAS, the sign has been conveyed to the City of Bangor with the express understanding that Banmak Associates will be responsible for maintenance and repair of the sign, NOW, THEREFORE, By the City Council of the City Of Bangor: ORDERED, - THAT the City Manages of the City of Bangor is hereby authorized and directed to execute an Easement granting Bannak Associates access to the sign site for the purpose of maintaining the said sign, a copy of said Easement being on file in the office of the City Clerk. In City Council March 12,1990 Passed n YC City C1 k 90-113 ORDER Title, Authorizing City Manager to Execute Easement with. Bsnmak .AescCidtes ..... . Bn ggoe .......... Sign on Bangor Ma11 Boulsveid ...................................... M6ptd to ..................��G... Councilman 90-113 MEMO TO: Robert Miller City Solicitor PROM: Kenneth R. Gibb, Director Community and Economic Development RE: Request from Bannak Associates BATE: March 6, 1990 Attached are several items I received from Sim Lynch regarding the Bangor Mall sign located at Hogan Road and Bangor Mall Boulevard. Sim is proposing the City grant Banmak a easement for maintenance and changing messages on the sign Since the City is requiring Barmak to be responsible for maintenance this request seems reasonable. Please review all documents so that we can proceed with approval of the easement. cc: Tom Small 90-113 February, 26, 1990 Mr. Beneath R. Gibb Community and Economic Development Director City gall - 73 Barlow Street Bangor, Maine 04601 Dear Ben. I think we are finally approaching the end of the saga of the Bangor Hall sign. As you are probably aware o obtained in mid-December a variance t maintain the sign in its present size e a Commercial/Industrial Park sign.It took a while after that to get the surveyor out there to devise a description of the parcel to be conveyed to the City. We have obtained the description and I have obtained a deed from Toys IN Us, Inc., the title holder, to the City for this parcel. I also have obtained a Bill of Sale from Banmak Associates to the City transferring title to the sign. It now occurs to me that Banmak should in turn have a ent to enter the premises for sign maintenance, etc. and have preparedan E semen Deed for that purpose. I medical herewith the proposed Easement Deed and copy of the dead from Toys 'g' Bs, and of the Bill of Sale from Neenah. Please call me if you have any questions or comments. n truly ranra, TA `6 G. NCH F TGL:tlw ," RECEIVED T' Enclosures 0.4 J6f0 iiMS FNPA? _ PAINE. LYNOH & HARRIS. P. A. nnoancrs And COUNSELLORS AT taw Ilawl 1. ANN I all -1979) 123 CENTER STREET 'C'Ek"oll February, 26, 1990 Mr. Beneath R. Gibb Community and Economic Development Director City gall - 73 Barlow Street Bangor, Maine 04601 Dear Ben. I think we are finally approaching the end of the saga of the Bangor Hall sign. As you are probably aware o obtained in mid-December a variance t maintain the sign in its present size e a Commercial/Industrial Park sign.It took a while after that to get the surveyor out there to devise a description of the parcel to be conveyed to the City. We have obtained the description and I have obtained a deed from Toys IN Us, Inc., the title holder, to the City for this parcel. I also have obtained a Bill of Sale from Banmak Associates to the City transferring title to the sign. It now occurs to me that Banmak should in turn have a ent to enter the premises for sign maintenance, etc. and have preparedan E semen Deed for that purpose. I medical herewith the proposed Easement Deed and copy of the dead from Toys 'g' Bs, and of the Bill of Sale from Neenah. Please call me if you have any questions or comments. n truly ranra, TA `6 G. NCH F TGL:tlw ," RECEIVED T' Enclosures 0.4 J6f0 iiMS FNPA? _ 90-113 BILL OF SALE MOW ALL MEN BY THESE PRESENTS, THAT BANNAg ASSOCIATES: a Maine General Partnership with offices at Ring of Prussia. State of Pennsylvania, for consideration paid by CITY OF BANGOR a municipal corporation located in the County of Penobscot, State of Maine, the receipt whereof is hereby acknowledged, do hereby grant, sell, convey, transfer and deliver unto the said City of Bangor, the following described goods and chattels, namely: One (1) Pylon Sign bearing the n and logo of Bangor Hall located on 'a parcel of Sand at the intersection of Bogan Road and Bangor Nail Boulevard. Me acceptance of the transfer of the above described sign is expressly conditioned upon the agreement add obligation of Barret Associates, its Successors and assigns to assume and pay the costs of maintenance and repair of said sign and to assume and pay the cost of removal of the sign upon request of the City of Bangor. TO HAVE An TO MOLD all and singular the said goods and chattels to the said City of Bangor, its successors and assigns. to its own use forever; and the Seller does covenant with the Said City of Bangor that it is the lawful owner of Said goods and Chattels: that it has gond eight to Sall tie SE29. ,... that said goads and chattels are free and clear of all liens and encumbrances. WITNESS my hand and seal this2y day of February, 1990. uitnese, BANMAg ASSOCIATES BY: BRANCO, INC. - GENERAL PARTNER AR Rf ETM RESIDENT 90-113 EASEMENT GROW ALL MEN BY THESE PRESENTS THAT CITY OF BANGOR a municipal corporation located within the County of Penobscot. State of Maine, for consideration paid grants to OANMAK ASSOCIATES, a Maine General Partnership with offices at Ring of Prussia, Pe:usylvania the rights, privileges and easements hereinafter set forth, which rights, privileges and easements are to be exercised over and upon the following described premises, via: A certain lot or parcel of lend situated at the intersection of Mogan Road with Bangor Mall Boulevard in the City of Bangor, County of Penobscot. State of Maine, and being more particularly described as follows: Beginning at an iron rod set at a point defined by the intersection of the southerly sideline of said Bangor Mall Boulevard with the westerly Sideline of said Mogan load; thence South 81 ll' 37" Vest by and along the southerly sideline of said Bangor Mall Boulevard a distance of 60.00 feet to a point on said sideline; thence South 0 44' 42" East a distance of 20.00 feet to a point; thence North 81 SI' 37" East by and along a line parallel to the southerly sideline of. said Bangor Mall Boulevard a distance of 60.00 feet to a paint On the southerly sideline of said Hogan Road; thence North 8 44' 42'. Vest by and along the westerly sideline of said Mogan Road a distance of 20.00 feet to the point of beginning. The rights, privileges and easements granted hereunder and to be exercised by the Grantee, its Successors andassignsare as follows: The right to enter upon the within described premises at all times and with men and machinery for the purposes of maintaining. repairing and replacing the pylon sign situated on the premises and to place and replace advertisements of its choosing on the Sign. IN WITNESS RB6860B, the City of Bangor has caused this instrument to be executed and delivered by , its hereunto duly Benefited this day of 1990. witness: - CITY OF BANGOR STATE or "in COUNTY OF PENOBSCOT BATED! Then personally appeared the above named in his capacity as of the City of Bangor and acknowledged the foregoing instrument to be his free act and deed and the free act and deed of the City of Bangor. _ Before me, VOTARY PUBLIC - ATTORNEY AT LAV PRINT THE EASEMENT GRANTED BY THE INHABITANTS OF THE CITY OF BANGOR TO BANMARA ASSOCIATES POLE ANCHOR EASEMENT DESCRIBES AN AREA WHICH IS CONFINED TO TO THE BANGOR HYDRO - E THE LIMITS OF BANGOR MALL BOULEVARD: 40 DATED APRIL 4t IDTB AN SEE vOL. 2024 PG. 352 IN VOL. 2878 -PG. 345. 1,STANI COMMON THAT Ti \ \ PR£PAP DULY_ 6ROUNC HATER TO THE TO THE OR EASE �_Z JBx AI HEREOF z0 =\�I' �, `tet (2 x? lli111DmDi B. , ,> N 401 I' gmn3 If , B , \ \\ \\ \\ \\P •,t 1 m BASEMENT MON ALL MEN BY THESE PRESENTS THAT CITY OF BANGOR a municipal corporation located within the County of Penobscot, State of Maine, for consideration paid grants to BANMAR ASSOCIATES, a Maine General Partnership with offices at Ring of Prussia, Pennsylvania the rights, privileges and easements hereinafter set forth, which rights, privileges and easements are to be exercised over and upon the following described premises. vu. A certain lot or parcel of land situated at the intersection of Hogan Road with Bangor Mall Boulevard in the City of Bangor, County of Penobscot, State of Maine, and being more particularly described as follows: Beginning at an iron rod set at a point defined by the intersection of the southerly sideline of said Bangor Mall Boulevard with the westerly sideline of said Hogan Road: thence South 81 17' 37" Peat by and along the southerly sideline of said Bangor Mall Boulevard a distance of 60.00 feet to a point an said sideline; thence South B' 06' 62° East a distance of 20.00 feet to e point: thence North 81 17' 3I° East by and along a line parallel to the southerly sideline of said Bangor Mall Boulevard a distance of 60.00 feet to a point an the southerly sideline of said Hogan Road; thence North 0 60. 62' Vest by and along the westerly sideline of said Hagan Bond a distance of 20.00 feet to the point of beginning. The rights, privileges and easements granted herender and to be exercised by the Grantee, its successors and assigns are as follows: The right to enter upon the within described premises at all times and with men and machinery for the purposes of maintaining, repairing and replacing the pylon sign situated an the premises and to place and replace advertisements of its choosing on the sign. IN NITNESS VHEREOF, the City of Bangor has caused this instrument to be executed and delivered by Edward A. Barrettits City -Manager hereunto duly authorized this 15th day of March , 1990. CITY //OO�F B 'COR BY ITS City Manager Ran: Edward A. Barrett STATE OF MAINE COUNTY OF PENOBSCOT OATBO: March 15, 1990 Then personally appeared Te above-named Edward A.Barrettiv'h1s capacity` ' ac City Manager of the city of Bangor and acknowledged the foregoing instrument to be his free act and deed and the free act and deed of the City of Bangor. / // Before me, �l✓n/1. /.ro (7Wke NOTARY PUBLIC - MYORH&FM- AY PRINT NAME: Terri Lee CoreV My Commission Expires12-22-96 84 - --yet „ wL&C Cows.. oLdd -#90 _os