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.
-
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M1ieneger's Comments:
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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
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DULY_ 6ROUNC
HATER TO THE
TO THE
OR EASE
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HEREOF
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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
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