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HomeMy WebLinkAbout2009-10-14 09-318 ORDERCOUNCIL ACTION Item No. 09 318 Date: 10-26-09 Item/Subject. Order Authorizing the City Manager to Execute an Easement to Little Wood Island LLC — Main Street Responsible Department: Legal Commentary: Pursuant to a Development Agreement with Little Wood Island LLC, the City conveyed land to Little Wood Island to facilitate the construction of a Tim Hortons on Main Street. Little Wood Island has constructed the Tim Hortons as provided in the Agreement. During construction, trusses that were not consistent with the specifications were delivered. However, they were still usable by the contractor and, rather than delay construction to get the requested trusses, the ones that were delivered were used. After construction, the builder discovered that the difference in the trusses resulted in the roof overhang causing a setback violation for the building by approximately six (6) inches. This Order will authorize the execution of an easement from the City to Little Wood Island LLC for the limited purpose of meeting setback requirements. The easement will not give Little Wood Island LLC any other rights in the City property and will not affect any development or use of the City property. Department Head Manager's Comments: This has been reviewed and is recommended by the Business and Economic Development Committee. City Manager Associated Information: Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Finance Director Page _of_ Solicitor Assigned to Councilor - Blanchette October 26,'2009 CI~T~Y OF BANGOR (TITLE.) ORDER, Authorizing the City Manager to Execute an Easement to Little Wood Island LLC — Main Street BY THE CITY COUNCIL OF THE CITY OF BANGOR: BE IT RESOLVED, That the City Manager is hereby authorized, on behalf of the City of Bangor, to execute an easement to Little Wood Island LLC for the purpose of meeting setback requirements for the Tim Hortons development on Main Street, said easement to be in a form substantially as attached hereto and in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL October 26, 2009 Passed CITY CLERK `1 I- ff-09-31 q ORDER (TITLE,)Authorizing the City Manager rn Exprure and Easement to Little Wood Island LLC - Main Street Assigned to