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