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HomeMy WebLinkAbout2010-11-08 11-003 ORDERCOUNCIL Item No. 11 003 Date: November8, 2010 Item/Subject: ORDER, Authorizing an Easement for Windows, a Door, and a Balcony on the Third Floor of 30 Central Street Responsible Department: Legal Betray Lundy, the new owner of the building at 30-32 Central Street, would like to Install windows, a balcony, and a door to the balcony overlooking the former Zoidis lot at 24 Central Street (sometimes referred to as the pocket pmk). The wall of the Lundy building in which the windows would be installed Is currently owned by both Lundy and the City, as the City owned the building on the Zoidis lot just before It was torn down and still owns the Zoidis lot. The Historic Preservation Commission has approved the project in concept, and the projM will go bark to the HK for review of certain details on November 18. This Order would grant approval of the easement pending Inal approval of the HPC. The Infrastructure Commdtee recommends granting approval. Department Head Manager's Camments: City Manager Associated Information Finance DlrK or Legal Approval: Solicitor g Passage _ First Reading Referral 11- Asvged rocowicilor - 6tatvlck 9oveabe>: 9, 2010 CITY OF BANGOR (TITLE.) ORDER, Autbonzing an Easement for Windows, a Door, and a Balcony on the Third Floor of 30 Cental Street By the Gty Council offhe pry Oftiarmor ORDERED, THAT Me City Manager is hereby authorized to sign an easement or easement and agreement with the owner of the building a[ 30 Central Street allowing windows, a door, and a bahnny to be installed in the wall of the third floor of Me building and overlooking 24 Central Street, said easement being in a form as approved by the City Solicitor or Assistant City Solicitor, provided that the windows, door, and balcony are approved by Me Historic Preservation Commission. IW CITY S. MI: sill-0na PassedNovemiE. IDIo Passed //'/1Q ^ N/I (TITLE,)twsmrtsfne an easement foaW adoes, a @e,r and a Balcony on [lie Tial Ylme of ad ' Aeelgnea to Couuil« � "" iz 003 EASEMENT The CITY OF BANGOR (the "City"), a municipal corporation organized and existing under the laws of the State of Maine, being the owner of certain lands located in the City of Bangor, Penobscot County, Maine and described as follows: A certain lot or parcel of land situated on the northwesterly side of Central Street In said Bangor, being the same premises conveyed by Elle Zoidis and others to the City by their several deeds dated February 8 to June 26, 1989 and recorded in the Penobscot County Registry of Deeds in Book 4515, Pages 345 through 361; for consideration paid by BETSY LUNDY (the "Grantee"), owner of property at 30 Central Street, Bangor, Penobscot County, Maine, does hereby give, grant, and convey to the Grantee, her successors and assigns the rights, privileges, and easements hereinafter set forth, which are to be exercised upon and with respect to so much of a parcel of land located within the bounds of the aforesaid premises as is described as follows (the "Easement Area"): Beginning at the westerly bound of Central Street at the northeasterly corner of the aforesaid premises and thence running westerly by and along the northerly bound of said premises to the westerly bound of said premises; thence southerly along the westerly bound of said premises for a distance of six feet; thence easterly, parallel with the northerly boundary of said premises, to the easterly bound of said premises; thence northerly along the easterly bound of said premises for a distance of six feet to the point of beginning. The rights, privileges, and easements hereby conveyed are for the purpose of installing and maintaining windows, a door, and a balcony, and are as follows: the Grantee, los employees, designees, and agents may, to the extent reasonably necessary, enter upon the Easement Area in order to install, use, and maintain windows, a door, and a balcony for the use of the third floor of the building currently located at 30 Central Street, Bangor, Penobscot County, Maine looking over the property located at 24 Central Street, Bangor, Penobscot County, Maine, all as described on Exhibit A attached hereto and made a part hereof. As a condition of exercising any of the rights herein granted, the Grantee agrees that (1) any exercise of the rights herein granted to it shall be conducted In the least intrusive manner practicable, and that any installation, construction, repair, or maintenance activities pursuant to this Easement shall be done in a good and workmanlike manner; (2) after each entry upon the Easement Area by the Grantee for the aforesaid purposes, the Grantee will promptly restore the surface of the Easement Area as nearly as practicable to the same condition as existed prior to such entry; and (3) the Grantee SS Ons" shall exercise due care In the exercise of the rights granted hereunder so as to minimize the disturbance of any structures, improvements, or vegetation located on the Easement Area and shall promptly repair any damage to such structures, improvements, or vegetation arising from the exercise of the rights granted hereunder. This easement is granted upon the condition that if the City or its successors or assigns elects to construct a new building on said premises, then the Grantee shall agree to the termination of this easement and the removal of said windows and restoration of the area where said windows are located to a condition similar to that of the rest of the wall In which they are located at the time of their removal, with the Grantee paying for the cost of said removal and restoration. WITTINESS our hands and seals this _day of 2010. CITY OF BANGOR Witness Robert Farrar, Interim City Manager STATE OF County of ,2010 Then personally appeared the above-named Robert Farrar, Interim City Manager of the City of Bangor, and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said body corporate. Before me, Notary Public/Attorney-at-Law My Commission Expires