HomeMy WebLinkAbout1983-11-28 84-34 ORDERea-34
Introduced by Councilor Coe, November 28, 1983
CITY OF BANGOR
(TITLE.) VlfrUr,.-Authorising City Manager_to Enter into ae Agreement
with GTE
By tU Cita Coauii of City ofBaeyor:
ORDERED,
THAT, WHEREAS, by Council Order No. 83-316 passed September
12, 1983, the City Council of the City of Bangor in its capacity
as municipal officers of the City of Bangor determined that a
laving out, eetablisbment, and acquisition of certain easements
was necessary for public convenience pursuant to 23 M.R.S.A.
Sec. 3251, for the construction of a drainage ditch to divert
.storm water away from Saratoga Avenue in the Woodlawn Subdivision;
and
WHEREAS, the owner of a portion of the property in question,
GTE Sylvania, has a dispute with the City of Bangor concerning the
value of its property 'taken{ and
WHEREAS, GTE Sylvania is willingto forego any appeal of the
City Council's action in exchange for an Agreement on behalf of the
City of Bangor that in the event that GTE Sylvania's property is
developed, the City of Bangor will contribute fifty percent (50%)
towards the cost of the relocation of the drainage ditch to be
constructed in the easement, or the covering of the ditch;
NOW, THEREFORE, Be It
ORDERED, That the City Manager be and hereby is authorized
to sign an Agreement with GTE Sylvania indicating the City's
willingness to participate up to an amount of fifty percent (50%)
of the total cost of the relocation of the ditch or its covering
in the event that GTE Sylvania elects to develop the property in
the area of the ditch.
In City Council November 28,1983
Councilor Mo Cartky Abstained
Reared to Public -Rorke consider next
meeting -
Iv City il-Cacamber 12,1983
Consider Next reguLar meeting
Councilor Me Caxthy Abstaired
City C rk
In City Council December 28,1983
Councilor An Certby, Abstained
consider next regular meeting
84-34
ORDER
Title,
.AuthorisingCity Manager to Enter into
......................................
an Agreement With M Sylvania
�4^}tr�od.� d ed
Caun
In City council January 9!1984.
consider ider next -:regulaX Me8n g
noureilor We CartiV Abstained
r
itiy cze�M"'—
In City Council February 13•
198q consider. next meeting
City unarm
In City Council February 27,84
Passed Councilor Me Carthy
Abstained
LM,CAs.�
In City Council January 23,1984 city c
consider next meeting
City C1 k .-
nt
City Clerk-
AGREEMENT
THIS AGREEMENT made this _ day of ,
1984, by and between the CITY OF BANGOR (hereinafter referred t0 as
the "CITY"( and GTE SYLVANIA, a corporation (hereinafter referred to
as 'GTE"(.
WITNESSETH:
WHEREAS, the City of Bangor has acquiredby eminent domain
an easement for the location of a public drain to divert storm water
in the Woodlawn Subdivision, Bangor, Maine, as set forth in Council
Order No. 83-315 recorded in Volume 3448, Page 271, Penobscot
Registry Of Deeds; and
WHEREAS, GTE is the owner or occupant of property on
which said easement is located, which property is described in
Volume 2077, Page 3, Penobscot Registry of Deeds; and,
WHEREAS, said public drain has been constructed as a
drainage ditch; and,
WHEREAS, GTE has disputed the amount of damages awarded
for the acquisition of said easement; and
WHEREAS, the parties have reached agreement for purposes
of resolving said dispute,
NOW, THEREFORE, the parties hereto, for themselves and
their respective successors and assigns, agree as follows:
(1) The City of Bangor agrees that in the event GTE
needs the land area on which said easement is located for development
purposes or for expansion Of its plant or facilities, and said
drainage ditch unreasonably interferes with said development plans,
the City of Bangor shall relocate and reconstruct said drainage ditch
on said GTE property at a reasonable location to be mutually agreed
upon by representatives of both the City and GTE. This obligation
to relocate shall apply to only one relocation of said drainage ditch.
F77
(3) Any relocated ditch constructed pursuant tothis
Agreement shall be of the same type and dimensions as initially
constructed on the aforementioned easement.
]4) In the event GTE wishes to have said ditch relocated,
it shall give at least 12 month's written notice to the City of
Bangor. For purposes of this paragraph, notice shall be sufficient
if sent by certified mail, return receipt requested, addressed to:
City Manager, Bangor, City Hall, 73 Harlow Street, Bangor, Maine, 04401.
[5) The term of this Agreement shall be for a period of
twenty-five (25) years, commencing on January 1, 1984 and expiring _
on December 31, 2009.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first written above.
CITY OF BANGOR - - ' -
By:
(2) In the event
of such relocation, both
GTE and the
City shall
share the actual
costs of said relocation
on an equal
basis.
-
(3) Any relocated ditch constructed pursuant tothis
Agreement shall be of the same type and dimensions as initially
constructed on the aforementioned easement.
]4) In the event GTE wishes to have said ditch relocated,
it shall give at least 12 month's written notice to the City of
Bangor. For purposes of this paragraph, notice shall be sufficient
if sent by certified mail, return receipt requested, addressed to:
City Manager, Bangor, City Hall, 73 Harlow Street, Bangor, Maine, 04401.
[5) The term of this Agreement shall be for a period of
twenty-five (25) years, commencing on January 1, 1984 and expiring _
on December 31, 2009.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first written above.
CITY OF BANGOR - - ' -
By:
of
the
Peace/Notary Public
Title:
City
Manager
GTE SYLVANIA
By: _
Witness
Title:
STATE OF MAINE
PENOBSCOT, as. 1984
.Then personally appeared the above-named JOHN W. FLYNN,. - --_----
City Manager, and acknowledged the foregoing to be his free act and
deed in his said capacity, and the free act.and deed of the City of
Bangor.
Before me, `
Justice
of
the
Peace/Notary Public
] Printed Name