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Home My WebLink About2013-02-25 13-090 ORDERCOUNCIL ACTION Item No. 13-090 Date: February 25, 2013 Item/Subject Order, Authorizing City Manger to Execute an Agreement with Epstein Rhode Island, LLC — 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. Epstein Rhode Island, LLC, owner of a part of the land needs 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 Epstein Rhode Island, LLC 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 Arthur B. Morgan, P.E. Department Head Manager's Comments: This agreement was reviewed and recommended for approval by the Infrastructure Committee on January 12, 2013. ManagerCi Associated Information: Agreement, Location Map, Council Order, and Council Action, Agreement, Release Deed Budget Approval: Director Legal Approval: Introduced for X Passage First Reading Referral Finance IIIIZ6�X2 Gty Solicitor Page _ of _ 13-090 FEBRUARY 25, 2013 Assigned to Councilor Spague DAN S j ��: \09 vl e CITY OF BANGOR �g4TED.fi �' (TITLE.) ORDER, Authorizing the City Manager to Execute an Agreement with Epstein Rhode Island, LLC - Conveyance of Land for Public Way — Kittredge Road By the 01y Couna'l of the Oty of Bangw. Ordered, That the City Manager is authorized to execute an agreement with Epstein Rhode Island, LLC 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 sed CITY CLERK 13-090 FEBRUARY 25, 2013 AGREEMENT Agreement made this day of , 2013 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 Epstein Rhode Island, LLC, a Maine limited liability company with its principal place of business in Bangor, Maine (hereinafter Epstein). WHEREAS, Epstein 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 Epstein necessary to connect Kittredge Road to Stillwater Avenue.; and WHEREAS, the parties agree Epstein shall convey a certain lot or parcel of land to the City more particularly described in Exhibit A attached hereto. NOW, THEREFORE, for the mutual promises contained herein, the parties agree as follows: Within 30 days after the date of this Agreement, Epstein shall convey to the City a certain lot or parcel of land located in Bangor, Maine, by Release Deed without covenant of title, as more particularly described in Exhibit A attached hereto at no cost to the City other than the mutual promises contained herein. The deed shall be in the form attached hereto as Exhibit C. The terms of this Agreement shall survive the delivery of the deed. 2. Said conveyance shall be in lieu of a taking by the City. The City shall construct or have constructed a public way (the "New Public Way") across said lot or parcel of land connecting Stillwater Avenue to Kittredge Road within one (1) year from the date of conveyance consistent with the plan attached hereto as Exhibit B. If the City fails to do so, said lot or parcel of land shall revert to Epstein or its successors in interest, and the City will execute and deliver a release deed to confirm such reversion of title. 4. Epstein shall not be required to contribute to the construction of the New Public Way. In the event that said Epstein, or its successors or assigns develops land abutting the New Public Way and off-site improvements, so-called, in the New Public Way are necessary to said development, nothing in this Agreement will require the City to pay for such off-site improvements. 13-090 FEBRUARY 25, 2013 5. Epstein shall not be required to contribute to the installation of public sewer or water or other utility as shown on Exhibit B. 6. On or before December 30, 2013, the City shall extend, at its cost, the public sewer service on the northwesterly side of Stillwater Avenue to the remaining land of Epstein at the northerly side of the New Public Way to be constructed, and, further, the City shall extend, at its cost the public water service, consisting of twelve -inch water line, on the northwesterly side of Stillwater Avenue to the remaining land of Epstein at the northerly side of the New Public Way to be constructed, all as shown on Exhibit B attached hereto. Witness CITY OF BANGOR Catherine M. Conlow City Manager EPSTEIN RHODE ISLAND LLC Witness By: Carol A. Epstein Title: Manager State of Maine Penobscot, ss 2013 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, Notary Public/Attorney at law Printed Name: Commission expires: State of Maine Penobscot, ss 13-090 FEBRUARY 25, 2013 2013 Then personally appeared the above-named Carol A. Epstein, Manager of Epstein Rhode Island, LLC and acknowledged the foregoing to be her free act and deed in her said capacity and the free act and deed of said Limited Liability Company. Before me, Notary Public/Attorney at law Printed Name: Commission expires: 13-090 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 westerly line of Stillwater Avenue, in said Bangor, at an iron pin marking the northeast corner of land described in a deed to Stillridge, LLC, recorded in the Penobscot County Registry of Deeds , Book Volume 7886, Page 48; thence along the northerly line of said land of Stillridge, LLC, N580 20' 20"W a distance of one hundred and fifty-four and fifteen one hundredths (154.15 feet to a point along the northerly sideline of said land; thence along said land following a curve concave. southerly with a radius of five hundred and sixty (560.00 feet westerly with a arc distance of three hundred and seven and twenty-five hundredths (307.25 feet to an iron pin at the northwesterly corner of said land; thence along the westerly sideline of land described in a deed to Epstein Rhode Island, LLC, recorded in the Penobscot County Registry of Deeds, Book Volume 8536, Page 65, N40 30'07'W a distance of eighty and twenty-four one hundredths (80.24 feet to a point on the westerly sideline of said land; thence following along a curve concave southerly with a radius of six hundred and forty (640.00 feet easterly with arc distance of three hundred and fifty- seven and seventy-six hundredths (357.76) feet to a point; thence S580 20' 20"E a distance of one hundred and fifty-four and fifteen one hundredths (154.15 feet to the point along the westerly line of Stillwater Avenue; thence southerly along the westerly line of Stillwater Avenue S31° 39' 40"W a distance of eighty (80.00 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 0.89 acres more or less. 13-090 FEBRUARY 25, 2013 RELEASE DEED Epstein Rhode Island, LLC, a Maine limited liability company with its principal place of business in Bangor, Maine, as Grantor, for consideration paid, grants to the City of Bangor, a municipal corporation organized and existing under the laws of the State of Maine, located at Bangor, Penobscot County, Maine, as Grantee, land in Bangor, Penobscot County, Maine and more particularly described as follows: 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 westerly line of Stillwater Avenue, in said Bangor, at an iron pin marking the northeast corner of land described in a deed to Stillridge, LLC, recorded in the Penobscot County Registry of Deeds , Book Volume 7886, Page 48; thence along the northerly line of said land of Stillridge, LLC, N58° 20' 20"W a distance of one hundred and fifty-four and fifteen one hundredths (154.15') feet to a point along the northerly sideline of said land; thence along said land following a curve concave southerly with a radius of five hundred and sixty (560.00') feet westerly with a arc distance of three hundred and seven and twenty-five hundredths (307.25') feet to an iron pin at the northwesterly corner of said land; thence along the westerly sideline of land described in a deed to Epstein Rhode Island, LLC, recorded in the Penobscot County Registry of Deeds, Book Volume 8536, Page 65, N4° 30' 07W a distance of eighty and twenty-four one hundredths (80.24') feet to a point on the westerly sideline of said land; thence following along a curve concave southerly with a radius of six hundred and forty (640.00') feet easterly with arc distance of three hundred and fifty-seven and seventy-six hundredths (357.76) feet to a point; thence S58° 20' 20"E a distance of one hundred and fifty-four and fifteen one hundredths (154.15') feet to the point along the westerly line of Stillwater Avenue; thence southerly along the westerly line of Stillwater Avenue S31' 39' 40"W a distance of eighty (80.00') 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 0.89 acres more or less. Epstein Rhode Island, LLC has caused this instrument to be signed by Carol A. Epstein, its Manager, thereunto duly authorized,, this day of , 2013. Witness EPSTEIN RHODE ISLAND, LLC By: Carol A. Epstein Title: Manager State of Maine Penobscot, ss 13-090 FEBRUARY 25, 2013 2013 Then personally appeared the above-named Carol A. Epstein, Manager of Epstein Rhode Island, LLC and acknowledged the foregoing to be her free act and deed in her said capacity and the free act and deed of said Limited Liability Company. Before me, Notary Public/Attorney at law Printed Name: Commission expires: m ` NOWORFORMERLY J `\ THOMAS G. EWFS i . - J, \ RK 7872 -PG. 171 j LM G \ 1 15' QILVERT O601F (RRIA) TAX MAP 60 -LOT 12C- fi INLFT = 161.00 CLEAR TREEUNE i OUTLET .159.00 TO R0%(TYP) NOW OR FORMERLY ly V I N 1 SLOPE = 133II EPSTEIN RHODE ISLAND - - �i v 1,.138.94' 1 RIP RAP ENDS ,� f\ LLC. 1 O c m m \. e j \\ \ \ BK 8536. PG. 85 {+1 2 s p o (RRSA)IM a o �« AREA OF TAMING. 0.33A IS MORE OR 1E55 AREA OF TAMING = 0.89 ACRES u 9 E 74'X 36- ARCH PIPE 1 R�`\ \ \\• .1 NSLF. SLOPE 0.551f .__T .. _.. _..` vNin� �O.00v �.� \ \a \\` LET. 153.70 f r a 51 1 N____4____ 4____4____4___ • \ \\ \ -� WTIEAP 1DS / �I •.\\�, ( R R ENDS EI Fy M ONE S O \ \ � ''.•;; / 1(11 `\I I�.� ETBUILD[ rv6 TAX MAP 60 -LOT 12 C \ \ 4 \� ".� 'M 1 �• Ls \�\ / /d,' 1 4 20,416 Sj- 1O NOW OR FORMERLY 7 BK 78 IDGE, uC BK 7886. Po. 16 (RR6A) 1 1 E%, GRAVEL PAD (" / NE GUAR TAXMAP80-L 12 / i AR k TRIM IREEUNE ' 1 ROW AS DIREC NOW OR 5OR/ALJtLY ' W STIuiUDGEE pl -44,44 I � 1 � ii\ ` � - /•%/'' j O "fy' I`l1I ~\I `•�6// if/., : O O 'd S 8\ W a,? � 1 �� ; / 'f /' `j� Ill � •' '� .�.- / : i i ' �: d s9 � �e•.'�`� Il�x..�. �1 mq�icos�4. a. � � d 1 S 111®w1m o t` d - ' � "� `, i,•;,, 57111*„Gi ” � e ... _ _ {'.l 1� 1 %� �i ,' - d 9.<. mwlcnn...mc.. 0.,.1.w 9KA.m ^ • V = � I.PF.' W d m C 1 NOW OR FRED GALLANT �� .\•:. e AND I a'O r1 a / q MICHAEL J. MCLAUGMUN / d „ Lu V VOLUME 8325, PAGE 10.5 NOW OR FORMERLY FRED P. GALLANT MICHAEL J. MCLAUGHLIN 1 X41 BOOK 6325, PAGE 198 GRAPHIC SCALE Job No. -J9FFr=r 5b..1 No. 1 KR FOf3F ROAD RFI imcAnnN ORLIIFCT