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HomeMy WebLinkAbout2013-02-25 13-089 ORDERCOUNCIL ACTION Item No. 13-089 Date: February 25, 2013 Item/Subject Order, Authorizing the City Manger to Execute an Agreement with Thomas G. Ellis — Conveyance of Land for a Public Way — Kittredge Road Responsible Department: Engineering Commentary: The City needs to realign Kittredge Road to Stillwater Avenue as a result of the construction of the Hogan Road Extension. Thomas G. Ellis, owner of a part of the land needed for the realignment, has offered to convey the property to the City. This Order, if approved, will authorize the City Manager to execute an agreement with Thomas G. Ellis for the acquisition of a parcel of land to construct a public way between Kittredge Road and Stillwater Avenue. This was reviewed and recommended for approval by the Infrastructure Committee on January 12, 2013 Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Arthur B. Morgan, P.E. Department Head ( \-"" U, Q, City Manager Finance Director Ci Solicitor Page _of_ 13-089 FEBRUARY 25, 2013 Assigned to Councilor Gallant ��{ CITY OF BANGOR ,p4�E0 ED. / (TITLE.) ORDER, Authorizing the City Manager to Execute an Agreement with Thomas G. Ellis -Conveyance of Land for Public Way — Kittredge Road By the City Coundl of the Oty ofBanyoi: Ordered, That the City Manager Is authorized to execute an agreement with Thomas G. Ellis to accept the conveyance of a parcel of land to the City of Bangor for the purpose of constructing a public way to connect Kittredge Road and Stillwater Avenue. Said agreement shall be substantially the same form as attached hereto and shall be in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL February 25, 2013 Passed C CLERK 13-089 FEBRUARY 25, 2013 AGREEMENT Agreement made this 0-M day of 2012 by and between the City of Bangor, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Maine, and having its principal offices at 73 Harlow Street, Bangor, Maine (hereinafter City) and Thomas G. Ellis of Bangor, Maine. WHEREAS, Thomas G. Ellis is the owner of a certain lot or parcel of land located in Bangor, Maine and more particularly described in Exhibit A attached hereto; and WHEREAS, the City has proposed to establish a new public way to connect Kittredge Road to Stillwater Avenue.; and WHEREAS, the City is prepared to begin the process of a taking to acquire land now owned by Thomas G. Ellis necessary to connect Kittredge Road to Stillwater Avenue.; and WHEREAS, the parties agree that in lieu of a taking by the City Thomas G. Ellis shall convey a certain lot or parcel of land to the City more particularly described in Exhibits A attached hereto. NOW, THEREFORE, for the mutual promises contained herein, the parties agree as follows: 1. Thomas G. Ellis shall convey to the City a certain lot or parcel of land located in Bangor, Maine and more particularly described in Exhibit A attached hereto at no cost to the City other than the mutual promises contained herein. 2. Said conveyance shall be lieu of a taking by the City. 3. The City shall construct or have constructed a public way across said lot or parcel of land on the majority of the said lots or parcels of land within one (1) year from the date of conveyance. Said public way shall connect with a public way. if the City fails to do so, said lots or parcels of land shall revert to Thomas G. Ellis or his successors in interest. 4. Thomas G. Ellis shall not be required to contribute to the construction of said public way, unless said Thomas Ellis are developers of land abutting said way and contribution to the construction of the said public way is required as a so-called off- site improvement necessary to said development. Thomas G. Ellis shall not be required to contribute to the installation of public sewer or water or other utility, unless (1) said Thomas G. Ellis is a developer of land abutting said way and contribution to the installation of said public sewer or water or other utility is required as a so-called off-site improvement necessary to said 13-089 FEBRUARY 25, 2013 development or (2) unless said public sewer or water or other utility is otherwise needed to serve Thomas G. Ellis property. `,ted �►i� l Witness State of Maine Penobscot, ss CITY OF BANGOR Catherine M. Conlow City Manager Thomas Ellis 2012 Then personally appeared the above-named Catherine M. Conlow, City Manager, and acknowledged the foregoing to be her free act and deed in her said capacity, and the free act and deed of said body corporate. Before me, State of Maine Penobscot, ss Notary Public/Attorney at law Printed Name: Commission expires: Then personally appeared the above-named Thomas G. Ellis, and acknowledged the foregoing to be his free act and deed. Before me, No Publi-c rney at law Printed Name: Commission expires: KAREN H HAR jW Nobly Pubic. mow MY Comrt "M 80ft NWWrAw 8.2018 13-089 FEBRUARY 25, 2013 EXHIBIT A A certain lot or parcel of land situated in the City of Bangor, Penobscot, Maine, bound to be used for the City of Bangor's Right of Way for the proposed relocation of Kittredge Road and described as follows: beginning at a point located at the easterly line of Kittredge Road, in said Bangor, and marking the northwest corner of land described in a deed to Stillridge, LLC, recorded in the Penobscot County Registry of Deeds , Book Volume 7886, Page 46; thence along the easterly sideline of Kittredge Road and of land described in a deed to Thomas G. Ellis, recorded in the Penobscot Registry of Deeds, Book Volume 7822, Page 171, N120 42'37"W a distance of eighty (80.00) feet to a point along the easterly sideline of Kittredge Road; thence S770 11'43"W a distance of forty- six and seven one hundredths (46.07 feet to a point; thence following a curve concave southerly with a radius of six hundred and forty (640.00'} feet easterly with a arc distance of one hundred and thirty-eight and ninety-four hundredths (138.941 feet to a point at the easterly sideline of said land of Thomas G. Ellis; thence along the easterly sideline of said land S40 30' 07"E a distance of eighty and twenty-four one hundredths (80.24) feet to a iron pin at the southeast corner of said land of Thomas G. Ellis; thence following along a curve concave southerly with a radius of five hundred and sixty (560.00') feet westerly with arc distance of one hundred and twenty-seven and thirty-five hundredths (127.35 feet to a point; thence S770 11' 43"W a distance of forty-six and twenty hundredths (46.201 feet to the point of beginning. The above described parcel of land is oriented to the Maine State Coordinate System (East Zone) as determined by a Survey conducted by Plisga & Day, Land Surveyors and contains 0.33 acres more or less.