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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
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Privted Name(7r aM )•. YYIc �� i of ire
(hjc mm,sysa exTirf.e d)da)daeP
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