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HomeMy WebLinkAbout2021-04-26 21-166 Order 04/26/202121-166 04/26/2021 21-166 Engineering Order R55-006 Title, Order Authorizing City Manager to Execute an Easement Deed with Grant Realty Corporation for Sidewalk Improvements on Stillwater Avenue. This Order would authorize the City Manager to execute an Easement Deed with Grant Realty Corporation for sidewalk improvements on Stillwater Avenue. The City is planning to complete paving, pavement widening, and a traffic signal improvement project on Stillwater Avenue between Drew Lane and Hogan Road. The project includes the addition of a second inbound (southbound) through lane on Stillwater Avenue at the intersection of Ramp 186 and the Bangor Parkade entrance. The project would also include relocation of utility poles along the west side of Stillwater Avenue, as well as a constructing a new sidewalk on the westerly side of Stillwater Avenue from Drew Lane to "The Avenue." The easement shall be in a form acceptable to the City Solicitor or the Assistant City Solicitor. Infrastructure Committee 04/21/2021 Recommend for passage 50 Consent 04/26/202121-166 CITY OF BANGOR ORDER 04/26/2021 21-166 Fournier Authorizing City Manager to Execute an Easement Deed with Grant Realty Corporation for Sidewalk Improvements on Stillwater Avenue. Whereas, the City is planning to complete paving, pavement widening, and a traffic signal improvement project on Stillwater Avenue between Drew Lane and Hogan Road; Whereas, the project includes constructing a new sidewalk on the westerly side of Stillwater Avenue from Drew Lane to "The Avenue"; and Whereas, this project will benefit the infrastructure and traffic flow along Stillwater Avenue and make that area more accessible to pedestrians; Now therefore, be it Ordered by the City Council of the City of Bangor that, The City Manager is authorized and directed to execute an Easement Deed with Grant Realty Corporation for sidewalk improvements. Said easement deed shall be in a form acceptable to the City Solicitor or the Assistant City Solicitor. EASEMENT DEED GRANT REALTY CORPORATION, a corporation, organized and existing under the laws of the State of Maine and with a place of business in Bangor, County of Penobscot, State of Maine, Grantor, grants to the CITY OF BANGOR, a municipal corporation located in Penobscot County, State of Maine, Grantee, the rights, privileges and easements to enter, construct, maintain, and repair a sidewalk for public pedestrian use, subject to any restrictions contained herein, over and across a certain lot or parcel of land situate in the City of Bangor, County of Penobscot, State of Maine, which easement premises are more particularly described as follows: Beginning at a point on the northwesterly bound of the Stillwater Avenue right-of-way, said point of beginning being the southwesterly most corner of the land described in the deed from Judson M. Grant, Jr. to Grant Realty Corporation dated May 1, 2003, and recorded in the Penobscot County Registry of Deeds in Book 8741, Page 155; thence northeasterly along said northwesterly bound of the Stillwater Avenue right-of-way for two -hundred five and five -tenths (205.5) feet to a point; thence northwesterly on a line perpendicular to the previously described line but still remaining along northwesterly bound of the Stillwater Avenue right-of-way for a distance of ten (10) feet to a point; thence southwesterly two -hundred and two (202) feet, more or less, to the westerly bound of said land described in said deed recorded in the Penobscot County Registry of Deeds in Book 8741, Page 155, thence southerly along said westerly bound of said land described in said Deed recorded in the Penobscot County Registry of Deeds in Book 8741, Page 155 for a distance of six (6) feet to the point of beginning; Being a portion of the premises described in said deed to Grant Realty Corporation dated May 1, 2003, and recorded in the Penobscot County Registry of Deeds in Book 8741, Page 155. Also, being a portion of the premises described in the Assignment of Ground Lease and Assumption Agreement dated December 12, 2013 and recorded in said Registry in Book 13419, Page 77. The easement herein granted shall consist of the right to enter onto the above - described easement area and onto adjacent land of the Grantor at all reasonable times with personnel to maintain the sidewalk and use, within the easement area, said sidewalk for public pedestrian use. The Grantor agrees, for itself and for its successors, heirs and assigns, that no trees, shrubs or permanent structures will be planted or constructed within the easement area as described above without the consent of the City of Bangor, but Grantor otherwise reserves the use and enjoyment of its property. GM Realty of Bangor LLC, a limited liability company organized under the laws of Delaware and having a place of business in Augusta, Kennebec County, Maine, joins this deed, as the Lessee of Grant Realty Corporation, to affirm and represent its assent to said to this Easement. IN WITNESS WHEREOF the said Grant Trailer Sales, Inc. has caused this instrument to be signed this day of , 2021. GRANT REALTY CORPORATION By:_ Witness Name: Its: State of Maine Penobscot, ss 2021 Then personally appeared the above -named of , and acknowledged the foregoing instrument to be his/her free act and deed in his/her said capacity, and the free act and deed of said body corporate. Before me, Notary Public/ Attorney Name: Commission Expires: Witness State of Maine Penobscot, ss GM REALTY OF BANGOR LLC By:_ Name: Its: 2021 Then personally appeared the above -named , of , and acknowledged the foregoing instrument to be his/her free act and deed in his/her said capacity, and the free act and deed of said body corporate. Before me, Notary Public/ Attorney Name: Commission Expires: IN CITY COUNCIL APRIL 26,2021 CO 21-166 Motion made and seconded for Passage of Consent Agenda Vote: 9—0. Councilors Voting Yes: Davitt,Dubay,Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague,Tremble Councilors Voting No: None Passed CITY 'LERK