HomeMy WebLinkAbout1975-04-14 156 AC ORDER155 AC
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Introduced by Councilor Swcy, April 14, 1975
CITY OF BANGOR
(TITLE.) MrDCrt.......... A th izrn%nastyee -,Peter I sqe c urant ..
BY tU Ct CnuenB of City ofBaxter:
080E6E0,
SHAT the placement of a Marquee over the public sidewalk at
Peter's Restaurant, 158 Main Street, be authorized in accordance with
Chapter VI, Article 1, Section 4 of the Laws and Ordinances of the
City Of Bangor.
Note: 1Te Zoning and Code Enforcement Officer has approved the application.
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PLANNING nr
March 6,nlg/5
TC: Ibmrable City Council
FSGM: Planning Hoard
Gentlemen:
Planes be advised that the Planning Board bonereviewed the
final plat for lands of Hasson College. The Board Me found the
plat in con£ormaue with the subdivision regulations end State of
Maine Statutes ersept that the Board bone granted variances to the
requdrmevts for the scale of nape and for the detailed engineering
drawing -based on the large area esconimsed and that this plat
n effect, a parcelliution with a further subdivision being
required for development which may take place on aryy parcel.
In addition, the Planning Board requests that the City Council
wasive the bonding requirement (Chapter la, Article 8) reconstructing
the execution of a Covenant between Human College and the City
of Mahar similar to the attached Covenant.
The Planning Board approved the final plat based on these
modifications on March 3, 1g/5•
Carl J. Matched
planning llireetar
COVENANT.
WHEREAS, Nuaeon College is the Owner of land described on a
Final Subdivision Plan by , dated
and filed in the Penobscot Registry of Feeds; and
NH:REAS, Hassan College Intens to sell Certaia parcels designated
upon said Plan, but is not intending to became the ultimate developer of
sees or structures upon any such parcels; and
WfERRAS, the Final Subdivision Plan filed by Hasson College and
approved by the Planning Board of the City of Bangor On
indicates a strip of land labeled 'Reserved" (hereinafter referred to as
said strip of land"); and
NkggNBS, it is anticipated by Nuaeon College and the City of
Bangor that said strip of land may berme a means of access to Some of the;
parcels described on Said Final Subdivision Plan,
NOW, THEREFORE, in ponsideratfon of one ($1.00) dollar and other
valuable considerations, the receipt of which is hereby acknowledged by
Beason College, it is agreed between Hasson College and the City of Bangor
as follows;
1. That parcels of land abutting said strip of land Shall not
be conveyed except on the condition that said strip of land be forever kept
open and available for use as a right-of-way or public street, and that if
the City of Banger accepts said strip of land as a public street, all interests
and rights held by the abutting property Owners In said strip of land be
extinguished and terminated.
2. That parcels of land abutting said strip of land Shall be
conveyed on the condition that if said strip is to be laid out and accepted
as a public street or way by the City of Bangor, the caste incurred by the
City of Bangor in the laying out, acceptance, construction and inproveme no of
said strip of land as a public street or way, my be assessed against parcels
adjacent to and bounded on said public street or way in accordance with the
Revised Statutes of Raine, as amended. It is understood that the City of
Bangor may lay out and accept a portion of or all of said strip of land.
3. That title to and possession of Said strip of land be
retained by Reason College except for_ use of said strip of laud by abutting
property Owners as a Tight -of -way.
4. That upon laying out and acceptance of said strip of land
as a public street or way, Husson College or Its successors orassigns
shall convey by warranty deed said strip of land to the City of Ungar
upon payment of one ($1.00) dollar. -
5. That Hasson College shall not convey. mortgage, or in any
way encumber said strip of land without first obtaining a written release
for such purposes signed by the City Manwger of the City of Bangor.
6. It is hereby mutuslly, agreed between the parties hereto
that the above-described land shall not be need for building purposes.
COVENANT
WHEREAS, Hasson College is the owner of land described on a
Final Subdivision Plan by dated
and filed in the Penobscot Registry of Deeds;
and
WHEREAS, Husson College intends to sell certain parcels
designated upon said Plan, but is not intending to become the
ultimate developer of uses or structures upon any such parcels; and
WHEREAS, the Final Subdivision Plan filed by Husson College
and approved by the Planning Board of the City of Bangor on
indicates a strip of land labeled "Reserved"
(hereinafter referred to as "said strip of land"); and
WHEREAS, it is anticipated by Husson College and the City of
Bangor that said strip of land may become a means of access to
Nome of the parcels described on said Final Subdivision Plan.
NOW, THEREFORE, in consideration of One ($1.00) Dollar and
other valuable considerations, the receipt of which is hereby
acknowledged by Husson College, it is agreed between Husson
College and the City of Bangor as follows:
1. That parcels of land abutting said strip of land shall
not be conveyed except on the condition that said strip of land be
forever kept open and available for use as a right-of-way or
public street, and that if the City of Bangor accepts said strip
of land as a public street, all interests and rights held by the
abutting property owners in said strip of land be extinguished and
terminated.
2. That parcels of land abutting said strip of land. shall be
conveyed on the condition that if said strip is to be laid out and
accepted as a public street or way by the City of Bangor, the
costs incurred by the City of Bangor in the laying out, acceptance,
construction and improvement of said strip of land as a public
street or way, may be assessed against parcels adjacent to and
bounded on said public street or way in accordance with and to
the extent provided by the Revised Statutes of Maine, as amended.
It is understood that the City of Bangor may lay out and accept
a portion of or all of said strip of land.
3. That title to and possession of said strip of land be
retained by Musson College, except for use of said strip of land
by abuttingproperty owners as a right-of-way.
4. That upon laying out and acceptance of said strip of land
as a public street or way, Musson College, or its successors or
assigns, shall convey by warranty deed said strip of land to the
City of Bangor upon payment of One ($1.00) Dollar, with appropriate
releases from any existing mortgages or other liens.
5. That Musson College shall not, after the date hereof,
convey, mortgage, or in any way encumber said strip of land with-
out first obtaining a written release for such purposes signed by
Me City Manager of the City of Bangor.
6. It is hereby mutually agreed between the parties hereto
that the above-described strip of land shall not be used for
building purposes.
Dated; March 1975.
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CITY OF BANGOR
HOSSON COLLEGE
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