No preview available
HomeMy WebLinkAbout2005-11-14 06-015 ORDERDate: November 14 2005 Item No 015 Item/Subject: ORDER, Authorizing the City Manager to Execute an AgreementWith Summer Street Capital and Burgundy Realty Tmst Responsible Department: Legal Commentary: Summer Street Capital is the owner of land on the comer of Summer Street and South Street. The City is the owner of a parking lot on South Street Burgundy Realty Trust is Me owner of 20 South Street. The City has a Tentative Development Agreement with Penview LLC for the development of City property abutting these properties. Pursuant to tris Agreement the City has sough to do a property exchange With Summer Street Capital. This Council Order will autronze the execution of an agreement and all necessary documents to effectuate the property exchange and preserve, trrough an easement access to 20 South Street for emergency vehicles. Department Head rf City Manager Associated Information aRgP]if'i- Legal Approval: City Solicitor Introduced for Passage _First Reading Page_l,_of 5 Referral ®d 615 : $Assigned to Comwilw stone nevenber 16. 2005 CITY OF BANGOR (TITLE.) ORDER, Authorizing the City Manager to Execute an Agreemerrt with Summer Street Capital and Burgundy Realty Trust WHEREAS, the City of Bangor is the owner of a certain lot of land boated on South Street; and WHEREAS, Summer Street Capital is the owner of a certain lot of land located on Summer Street; and WHEREAS, Burgundy Realty Trust is the owner of a certain property at 20 South Street; and WHEREAS, it is in the best interest of all the parties herein to exchange land between the City of Bangor and Summer Street Capital and W provide an easement to Burgundy Realty Trust for access by emergency vehicles, NOW , THEREFORE, by the City faunal of the City of Bangor, be it ORDERED, THAT the City Manager be authorized and directed, on behalf of the City of Bangor, by the Bangor City Council, to execute an Agreement with Summer Street Capital and Burgundy Realty Trust and to execute a dead from the City of Bangor to Summer Street Capital and easement from the City of Bangor to Burgundy Realty Trust to provbe access to 20 South Street for emergency vehicles and to accept a dead from Summer Street Capital W the City of Bangor. Sad Agreement shall be In substantially the same form as attached. All documents shall be in a final form as approved by the City Solicitor or Assistant City Solicitor. IW CIR COMCIL Novenher 16, 2005 Nation Sade and Se-ooOed # 06-15 for -passage, ". passed. .. - 0 R O e k (TITLE.) Authorising the City hLauager to w CLE - Execute so Agreement ulth Summer Street Capital and gurgssdy Realty Trust Aaiign¢ab Counnloi �� t AGREEMENT This Agreement, canceled in duplicate, is made and ordered into this _day of November, 2005, by and between the City of Bangor (hereinaHar returned to as "City"), a municipal corporation organized and existing under the laws of the State of Maine, and having its principal offices located az 73 Harlow Street, Bangor, Maine, and Sumner Street Capital (hereivdler referred to as "Serer Scut"), a corporation organized and existing under the laws of the State of Maine, and Burgundy Realty Corporation ('Burgundy Realty"), a corporation organized under the laws of the State of Maine. WITNESSETH W ldBAS, the City is the ovmer of certain parcel of land located on South Street, Bangor more pardr+ilarly identified on Eadont A attached hereto; and WDERRAS, Summer Street is the owner of a certain parcel ofland located on the corner of South Street arta Summer Street more particularly identified on Fxlabit A attached hereto; and WHEREAS, the pieties hereto are deshous of exchanging land. NOW, THEREFOR$ W CONSMBBAT1ON of the mutual promises and' covenants wormed in this Agreement, the parties hereto agree as follows. 1. Summer Street shall convey on, the City the parcel of land identified on Exhibit A attached hereto, a portion of Bangor Tier Assessor Map 43, Lot 18, by quitcha"en deed with covenarn. 2. The City sball convey to Summer Street the parcel oflard identified in Exhibit A anached hereto, a portion of Bartgoor Tun Assessor Map 43, Lot 20, by quitclaim deed with covenant 3. At the time of said ccr ve arrce by the City, the City well retain an easement for the ingress and egress of an abutting parking hod of the City as more particularly identified an Exhibit A. The City shill giant an easemwtto Burgundy Realty and Sumnrer Street for purposes of ingress and egress across the property described in Esdubit B. 4. Thune shall be no other consideration between the parties 06 015 IN WITNESS WHEREOF this agewera has been executed, sealed and delivered as of the day and year Bret above written. CITY OF BANGOR Witness By: Edward A. Barrett Its: City Manage SUMMER STREET CAPITAL — s Witness By: swpba Hutchins Its: dent BURGUNDY REALTY CO ' TION PUS Witness By: Chmles M. Hutchins I>s: P� STATE OF MAINE _ Penobscot, ss. 2005 Then personally appeared the above-named Edward A- Barras in his capacity as City Manager, and acknowledged the foregoing instlument to be bus free ad and deed in his said capacity, and the flee ad and deed of said body corporate. Befinneme, Notary Pubhc/Attomey-at-Lew Printed Name: 06 015 STATE OF MAIN& PenobsoeS ss. c Y�2005 Then pmonally appeared the above-named Claistopher Hutch ke, in his ented capacity," acknowledged the foregoing infiu t to be Iris free act and deed in his/her saidcapacity, and the Gee act and deed of said corporation. Before me, otary PabG(.$�! reayeM�.a Printed Nam4V� lana 1 rKc :Aycammtas,ei. Pxp,res a/ea)a a8 STATE OF MAINE Penobscot, ss. T/m� Jo- / .2005 Then personally appeared the above-named Charles M. Hutchins, in his smted capacity, and acknowledged the foregoing ivstrvment to be his free act and deed in his/her said capacity, and the free w and deed of said corporation. Before m = ha,At ons2 Privted Name(7r aM )•. YYIc �� i of ire (hjc mm,sysa exTirf.e d)da)daeP BhHX'amT A Qg 015 FXH1'PTT ii q5 jF .III Q� I �0 4 p p r @j #\ \�: i