HomeMy WebLinkAbout2006-10-23 06-362 ORDERCOUNCUL ACTION
Item No. 06 362_
Date: OReber z3. 2006 -
Item/Subject: ORDER, Authorizing the Execution of an Agreement and Declaration of Cross
Easements (Planned Group Development) — Elizabeth and Paul
Leonard - 107 Maine Avenue
Responsible Department: legal
On July 24, 2006, the City Council approved a Purchase Option Agreement with Elizabeth and Paul
Leonard for the forma University of Maine Systems Chancellors office at 107 Maine Avenue. An
Amendment was authorized on September 25, 2006 extending the Option to October 30, 2006.
There are three buildings on the property formerly occupied by the University of Maine System and
this creates buffer, setback, and other site plan issues when the land is divided to covey a building
and land to the Leonards. A Planned Group Development eliminates the site plan issues.
Department Head
Manager's Comments: LL� ��..(�
Recommend approval. 'T� ne0 Htalat uoar
City Manag6r
Associated Information
Budget Approval:
Finance Director
Legal Approval:
ry Sg icitor
Introduced for
x Passage
_ First Reading Page 1 of Z
Referral
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AsvgnedroCouncilm anvec Oetut r 23, 2006
CITY OF BANGOR
(TRLE.) ORDER, Authorizing the Execution of an Agreement and Declaration of
Cross Easemenfs (Planned Group Development) — Elizabeth and
Paul Leonard —107 Maine Avenue
WHEREAS, by passage of Order 06278 on July 24, 2006, as subsequently amended by
passage of Order 06333 on September 25, 2006, the City Council approved a
Purchase Option Agreement with Elizabeth and Paul Leonard for the former
University of Maine System Chancellors office at 107 Maine Avenue; and
WHEREAS, the presence of three buildings on the property occupied by the University of
Maine System creates buffer, setbacK and other site plan Imes when divided;
and
WHEREAS, a Planned Group Development eliminates the site pian issues;
NOW, THEREFORE, BE IT ORDERED BY THE CRY COUMIL OF THE CITY OF BANGOR
THAT the City Manager is authorized to execute, on behalf of Me City of Bangor, an Agreement
and Declaration of Ooss Easements (Planned Group Development) by and beaveen are Oty of
Bangor and Elizabeth and Paul Leonid. Said Agreement shall be in substantially the same
form as attached Waste arMln a final form approved by Me pry Solicitor or Assistant City
Solicitor. —
IO CITT COUNCIL
October 23, 2006
Notion Made and Seconded
for Passage
passeg
I1T CL
* 06-169
O R NN
(=P AUthOrlriap, the NaeCOtfOn Of au
Agreement and Declaratiaa Of Cross Easement
(Planned Group Development) - Elizabeth and
Pool Leunard - 107 Maine Avenue
As�roCwemlar
06 382
THIS AGREEMENT AND DECI.ARATIONOFCROSS EASEMENTS (the "Declaration') is
created mlf established this _day of October, 2006, by zed between CITY OF BANGOR ('City), a
municipal corporation informed of crusting game the laws of the State ofMams, with a mailing
address of 73 Harlow Street, Bnagor, Penobscot County, Maine, 04401, and ELIZABETO AND PAUL
LEONARD ("Lmrtardal, ofBrewec Pembsmt County, Maim, wido aplace ofbuslness at 107 Maine
Avenue, Bangor, Maine.
The background of this Dxlamtion is as follows:
WHEREAS, Ne Leorods and City (individually, an "Owner" and together, the"Ownere") are
the present owners of the fes interest in conigrwas pamrJs ofmail (collectively, the `Propeniw'j handled
in Bangor, Penobscot County, Maine, all as more Particularly dwcribd and depicted on a normal plan
entitled Parkside Children's Bonnet Center prepared by Amw A E, and approvd by the Bangor
Plamivg Board on or about October 23,2006(We'Therij, which Plan is W be recorded in the Penchant
County Registry ofDeds on an event in near date herewith, ands reduced copy of which Plan is amehd
beano and incorporated harew as Exhibit A;
WHEREAS, the LeoreNs as the pension owners of the poral of land designated on We Plan as
pace] A (107 Maine Avenue), gulf the City is Ne prwot owner of the remainder of the parol, all of
which is a porion of the land described in a deed recodd in the Penobscot County Registry oflkeds in
Book 2156, Page 450(Bangor lntemational )kirport); and
WHEREAS, the Owners by Ws Dxkuation wish b clarify certain=wel rights ofamess,
hamess, egress, utilities, dmivage, parking, and other rights nmw[ed to We ownership, occupation, and
f cu re development of Wev respective Properties.
NOW THEREFORE, in order W accomplish these purposes, the Owners hareby suldect their
respective Propri iw to We burdens and Boehm described herein:
ARTICIE I-DEFIMTIONS
Whenever used! in this D alamtion, the following terms shall have the respective memungs as
follows:
"Access Drives"shall mean diose driveways providing ingress and egress W and belwcen file
Properties and the public and privet¢ roadways fticld on the Plan.
"Common Area"shall mean all] tways,exits,emrzmes, sidewalks, rNeining walls, landscaped
areas, aawsways and pedestrian malls or nuts as depvUed on the Plan, exclusive of sly,
buildings and Weir respective truck all or receiving areas.
"In" with respect to an wsemeo[ granted, created, offer established "in" a Particular area shall
be dawned to mean, as We conteat may implies, '9q"'9o," "Goll "over," "tivough," "upon;'
across,'af/m"gamer.,,
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"Occupant" shall mean the Owners of my Properties or Pareels, their mortgagees out any other
person from time to tune legally entled to use and occupy any portion or portions the infuude
a lease or other valid rights to possession as well as their respective subtenants, mmasionnires
or licences.
"Penaitts" as used herein shall mean all Occupants as defined above, as well as the officers,
fractions, employees, arms, mmmeon, sub -warrantors, customers, patrons, visitors, licensees
and invitees of an Occupav[.
"Sumesizi as used heroin shut[ include, without limitation, succeswrs by merger,
ad"on, reorganization, sale of all or substantially all of strait Owaa's physical assets, or
other limen ofcerporete, pummeling or individual succession.
"Utility Line" as used hereiv shall mean all facilities for utility services and sti rmwale Jr..mage
to, from, or award the specified premises, minding without limitation, all wires, cables, poles,
pipelines, ditches, culverts, counts, and conduits for telephone, electricity, ware, sewer, seem
warm dminageaud gas.
The Owtwm hereby great to each other and each to the other, their suawssata and assigns, the
fallowing rights of way and easements (collectively, the "Bsaemens'):
1. Utility Easements
A Theo ssrs aclmowledge that the location and width of wastiag Utility Live on the
Properties az of the date hereof is substantially as depicted on the Plan. To the extent sot
gramedl or reserved by easements or other instruments of board. the Ovmers bereby,
grant to each other and each to the other, their successors and assigns, the right of way
and easement to maintain, repair, replan; remove, use and operate any and all Utility
Lines as either (1) depicted on the Plan, or (2) existing on me Properties and m use by
any of the Owners as of the date of this Umlamrion.
B. Utility lines may be mlocam at the sole coat a ul expeme of the O ser holding due
watermark therefor (ft "Easement Holder"), subject to the prior written approval of tire
Ownerupon whose Property the Utility Lines aro to be relocated, such approval not to be
wreiaorebly witMeld, delayed or conditioned. fire summit area for such relocated
Utility Liras shall be no larger them whatever is reasonably memory to accommodate
the Utility Linc Upon completion of any material rehearser of Utility Lime, the
Easement Holder shall provide to the other Owners an arbuilt survey, of such relocated[
Utility Lines, at the expense, of the Essemeu Holder; provided however, relocaziore of
Utility Lines within existing easement areas will not require an as -built survey.
C. Any Owner who is an Easement Holder of a Utility Line assumed former; to the
provisions of this Esecleatmen shall pay all costs and expenses with respect thereto and
Read cause all work in connection with main[msnc; repair, replacement, removal, use,
open bar or relocation of the Utility Line (including general clan -up and proper surface
and/or subsurface restoration to substantially the condition that existed prior to any
meimename, repair, replacement, removal or relocation) to be wmpleed as quickly e
Possible and in a mariner m as to minimize intafermce with the use of the burdened
Property. All mats said expenses with regain to maintenance, repair, maneuver,
06 362
removal, cast operation or relocation of abroad Utility Lima shall be apportioned by
mutual agreemott between the (] wners sharing such Utility Lina, provided that the costs
and expenses m reasons sbaral Utility Line, which relocation is dahed or required by
a single Owner, shall be the sole responsibility of that Owner.
D. Notwithstanding anything in this Declamation to the contrary, an Owns owning
Property burdened by a Utility L'..s easanent shall have the right, when necessary in
said Owner's reasonable business judgment to permit use or development of the affamd
Property, m require the relocation of any Utility Line at said Owner's sole coat and
expense, provided such relocation shall ant materially interfere with or diminish utility
arvices to the Property served by the Utility Line and shall not reduce or mneneenably
instate the usefulness or function of such Utility Line. An Owner requiring relocation of
a Utility Line pursuant to this subparagraph shall give written natice to the Fnamrmt
Holder az last sixty (60) days prior m the daze open which relocation must begin.
Relocation of Utility Lina innocent to this subparagraph shall be wnducted in
sacrament with the provisions of this Decimation.
2. Aeras forms of Way &Patin¢
A. Every thvner shall have, and each property shall be and hereby is aside subject an,a
nors-excluesive right-oR-way and wunscrot for the passage of vehicles over smb across the
Access Drives, parting areas and private roadways on ach Property, as the same maybe
from time to titre constructed and msintamed for such use, and for the passage and
accwmnodation of pedestrians over and across the Access Dtives, parking areas,
(Durmon Parses aM govern roadways on each Property as the same may from time to
time be wndructed and maitrained for such use. Such resonance rights shall be subject
to the following reservations of each Owner, as well as other provisions contained in this
Declamation:
1. Brcept fa situations specifically provided for as the following subpam®aphs,
oaf s or other banter which would unaccountably porem or obstruct the
passage of pedestrian or vehicular travel for the purposes herein shall be erected
or permitted within or across the essement mess; provided, however, that the
foregoing provision shall not prevent the installation ofwinve fence facilities at
each Owner's discretiw (much ag mailboxes, public telephone, botches or
publ is transportation shelters which do rat unressorebly interfere with or
obnruct access to such Property), of landscaping berms or plamas, nor of
limited curbing and other forms ofbegin controls;
2. Pesch Owner hereby reservesthe right, from time to ami mrd on a rarqumry, or
perrareent basis, to change, modify, alta or aureate as its own expenu the
Common Mas, Access Drives, forking amts or private roadways an such
Owner's own Property, provided that: the choose, modification, intention or
relocation dna rut unaccountably limber or prohibit access to my other Owner's
Property;
3. path thmer reserves the night, in its eels discretion, to subdivide or reubdivide
the Owner's Propanes, provided that such subdivision or resubdivision does not
intensely impact tie other Owners' rights undm this Declamation and shell be
made in accordance with all applicable laws, rola and regulations.
06 362
4. Any Owner may close off any portion of its Property for such minable period
of time as may be legally necessary, in the opinion of such Owner's counsel, to
prevent the acquisition ofpresaiptive rights by wil provided, however, that
Prior to cloning off aby portion of ab Owner's Properly, that Owner shall give
written notice to each other Ovn a of its irrtaRion to do an, and shall attempt 0
coordinate such clasing with each other Owner so that no unreasonable
interference with the passage ofpedeamaw or vehicles shall occur.
5. My Owner may take action m exclude and remain by reasonable and lawfal
means, at such Owner's auto con and expense, any non -Permitter brain the use
author compercy of its Property.
B. Each Owner hereby agrees that it, its employees, inviteas, successors mi assigns shall
only utilize pmkivg on O grim' own respeinive Properties, except that the Ownies of
Pamel A shall be entidedm utilize the eight parking spaces lacatai in the ¢malt -west
comm of the tot that are partially on parcel B.
3. buffer Yams
Every Owns shall have, and each Property shall be sued hereby is made subject to, a ton -
exclusive easmnent fm the installation, mention, mainumncq operation, repair atd replacement
of such Bulla Yams, in conjunction with the other Umbers, as may be remirl by the City of
Bangor Lmil Use Cade, as amorml, along the exteior Windom of the Properliea beast as a
whole, as depimed an the Plan. Each Cheater shall be responsible for the installation, remmion,
maintenance, operation, repair and replacement of each Buffs Yards as are rerismi in
consortium with development on its own Property, as such developmem is cannel oat and
approved by the City of Paagm Planning Boom.
ARTICLE III -CONSTRUCTION IdAINTENANCB REPAIR&REPLACLidP,NT
1. Owner Reeoonsibd ties
Pesch Owner shall endeavor W maintain its Property and the ImpnovemeMa thereon in good
ceaditioq arta ed compliance with all applicable laws, ries, regulations, omers, and ordinances
ofgovernmenal bodies and agencies anal the provisions of this Declination.
4-
06 362
I Easemrnsnds
A. Bacb Owner, as an Easement Holder heremder, shall also have a own -exclusive
veorient for entry upon and for ingress and egress by persona materials, equipment and
vehicles over, oR across and through the Property an which the easement is located, to
the extent reasonably necessary, ro permit the maintenance, repair, removal and
Miscarried of the Owner's utilities, equipment, facilities or fixtures within the area of
the Easement
B. Bach Owner"I have the night to trim, cut down and remove bushes and trees within
theeaserment areas, to the extort reasombly mossawy b the Owaa's use and enjoyment
offl eeasement.
C. Notwithstanding any other provision of this Declaration to the contrary, allcomtmarimm,
maintenance, repair, replacement and use of the easement areas and the facilities,
improvements and equipment therein, and all other carioca taken pmanant to this
Declaration, shall be coMucted inaccoNance with professionally recognized practices
and standards and incompliance with all applicable local, state and federal laws, rales
regulations and Pumas.
ARTICLE N — MISCELLANEOUS
I. Each Owner agrees to act in good faint in the implementation of this Declatatioq to nationality
cooperate with each other Owner haeuder, and to take such actions and provide such approvals
and consents as are reasonably necessary to permit each Owner to design and common such
improvements as each Owner shall deem appropriate on its own Property, provided flat ending
in this Declaration shall require an Owner to moment to another Owner's improvements widun
the Properties depicted on the PW ifJoan improvements would unreasonably iNafere with tM
first owner,a typical business activities or "any.
2. The easements gramd by that Declamation shall be binding on the Owners, and all mmarents
:ball nm in favor of and issue to the benefit of the Basement Holder's Property and their
respective smmcewors,mortgagees, tenanm, arbtenunrta, beneficiaries, guests, invitees, and
licensees.
3. Ms Decianatlon is not intended to rapemale or termimte wary existing ensemems of rttmd,
covenants or conditions bordering or benefiting the Properties, maxlet to the extent that any
ex sting easemeta of record are mormident herewith.
4. Neither Owner shall have any rights or obligations with respect to any Easemtt4 tet forth in this
Declaration after that Owner is no longer an owner of property benefited or burdened by the
easement.
5. Thia Declination and the Plan may be amended solely by written instrument executed by each of
the panic hereto, their successors and/or assigns, which written instrument or Plan amendment
shall be recorded in the Penobscot County Registry ofUeeds.
6. Ibis Declaration shall be governed by the laws of the Stale of Maine, without refererce to choice
oflawmles.
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TO HAVEANDTO HOLD the same, togdier with all theprivileges and aPpulewroes
Wmeunto belonging, to the Owners, their aucceawro and assign forever.
IN WITNESS WIBRtEOF, THE OWNERS beve caused this D Iaration to be signed on the day
and year Port wnnen above.
ELIZABETH LEONARD
PAM LEONARD
CITYOFBANGOR
By: Edward A Barrett
Its: City Mmager
State of Maine
Penobscot, ss October 2006
Then personally appeared dre above-aamd ElizabeN1 anerQa acknowledged tAe foregoing
tobeherBmwtanddcd.
Before me
Notary Pnblic/Adomey M law
Rintd Name:
Cormnissio expires:
-6-
StateofMaine
Penobscot, as
'06 362
Omber J 2006
Shen personally appeared the abovanamed PaW faorard, aM aeknowledged the foregoing to be
his free act and deed.
Befareme,
State of Maine
Peabseot, as
NotaryPubhc/Admney at law
Printed Name:
Commission expires:
Then personally appeared the above-named Edward A. Barrett, City MaaW, and aclmowledged
the foregoing to be his free act aM dad N his said capacity, and the free ad and deed of said body
coepmam.
Before me,
Notary Publir/AtWmey at law
Printed Name:
Commission expires:
-7-