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Home My WebLink About2005-04-11 05-125 ORDERItem Na 05-125 Date: 4 -11 -OS Item/Subject Order, Authorizing the City Manager to Amend the Open Space Easementon Stillwater Avenue to Allow for a Variety of Elements to Enhance the Buffer. Responsible Department Legal The purpose of this Order Is to authorize the City Manger to amend the open space easement applicable to the buffer between the Bangor Paftde development and Stillwater Gardens to allow for the use of a berm (or other feature) as part of the buffer yard elements. The existing language does not appear M allow the use of a berm, even though it would increase the effativeness of the buffer and thereby comport with the purpose of the easement. The Transportation ® Infrastructure Committee recommended passage of this Order at its April 5, 2005, meeting. Department Head The contract zone change for the portion of the Parkade development adjacent to the Stillwater Gardens neighborhood required an open space easement to preserve a 150 foot buffer between this development and adjacent residential properties. The approved site plan for this area calls for significant plantings in this easement area. The developer is now proposing a 6 -foot high berm in the porton of this area closest W the commercial development. The planting plan far the area remains unchanged. Representatives of the developer have made an effort to contact the abutting residential property owners, the majority of whom appear M favor this addition. A revised site plan showing this change has been reviewed and approved by the Planning Board. This amendment will clarify the language of the easement to allow Me installation of a berm. The language change would also potentially allow for other changes in the future that would enhance this buffer. Meow note, however, that any other changes would require the approval of an amended site plan by the Planning Board. We recommend your approval. . Finance Director Legal Approval: O Solicgpr In need for TPassage _ First Reading Page _ of _ Referral City Manager Associated Information: 5Ila TiaPCe rnj Ola.. 3wg6, las," w,Re..j 5,+c 714fln Sa rows Finance Director Legal Approval: O Solicgpr In need for TPassage _ First Reading Page _ of _ Referral 05-125 Awigned to Councilor Ovatrtck April 11,2005 CITY OF BANGOR (TITLE.) ORDER, Authorizing the Oty Manager to Amend the Open Space Easement on Stillwater Avenue to Allow for a Variety of Elements to Enhance the Buffer. ay the Oty Councl/ of tlx Ory ofBarges: ORDERED, THAT The City Manager is authorized to amend the Deed of Open Space Easement from Grant Trailer Sales, Inc., dated 15 September 2003, for property looted on Stillwater Avenue between the Bangor Paricade development and Stillwater Gardens to allow a berm (or other features) in the buHeryard that some to enhance the area's buffering opauty. To effectuate this change, section 3(b) of the osernent shall read as follows: Notwithstanding any of the foregoing, it is hereby RESERVED to Grantor the right to establish and maintain an "effective vegetative visual buRef on the Buffer Property, in accordancewiththe buffer specifications set forth in Schedule 1. This buffer may Include but shall not be reau'red N'ndude. an earthen herrn or other feature for the Purpose of enhancing the visual buffer and/or the general effectiveness of the Buffer Prooerty, Provided. however that such hemi shall he properly landscaped to prevent eroslan and/or sedimentation and mcnetated in full accord with the vecostative buffer specificationsforth In Schedule 1. Said berm shall not exceed ten (10) feet in he aht IN cnx gaugcli April 11, 2005 Motion Haae and Seconded fad' Pas age Passed Ci.HgB * 05-125 O AOSH (Tf[LE)"thoriting the City meager to p end the Open Spaee Haaemmt o£ bC11looCer Avenue to Allow for a variety of Elevens to Eochenee the Buffet I � _ OWN VM v - m 0 1 SCREENIN TI N w_ WBRC®::I m. ............. Al ISCREENIN Rama 05-125 AMENDMENT TO DEED OF OPEN SPACE EASEMENT ��''��iF�p�S APDSNDhOSr TO DEED OF OPEN SPACE EASEMENT is made and given as ofthnZay of AX 2005, by and between GRANS TRAILER SALES, MC., a Maine corporation witha place ofbusiness at 1221 Broadway, Bmga, Penobscot County, Maine, 04401(Aweusfler referred w as the "Grantor'); and Poe CITY OF &ANGOR, a municipality nitrate in Penobscot Cowry, Mame, whose mailing adAxss is 73 Harlow Shat, Bangor, Maine, 04401(hcfemafler rcferted m as "Holds'). WEff,REhS, Granbr granted a conain Deed of Open Space Eaeemmtm Holder dated 19 Sepicmba 2003 for the p rpase of establishing a Buffer Property m serve as a buffs between a residential area (mown as Stillwater Gardens and a wtmnerood development by Bangor Parkade, Inc.; WHEREAS, it was not clew under the said Deed of Open Space Easement whether (ranter retained the nght to install a berm as part of the buffer yard; WHEREAS, the (kranror,Holder, and representatives of the Stillwater G sas agree that the born is consistent with the purpose of the said Deet of Open Space pa ^rnerd and will increase the buffsing efficacy of the Buffer Property;and WHEREAS, the parties hereto have ageed to amend the said Deed of OW Spam Easement to ensure that a been is pemtissible; - NOW THEREFORE, the paroes hereb agree that Section 3, subsection (b) (located on page 4 of 13), of the Deed of Open Space Basement from (bantmm Holder dated 19 Septmnber 2003 is hereby amended by adding the underlined language, as follows' Notwithstanding any of the foaegoing, it is hereby RESERVED to Gmnbr the right m establish and mavrtain an "effective vegetative visual buffer" on the Bulla Property, in accordance with the buffer specScatioas set forth N Schedule 1. This buffer man include but shall not be cmi irai to include an earthen berm or other feaMe and/or the Moral diffiectiverims of the Buffer ovidel, however, that such berm shall be tamed, landscaved to vrevent erosion and/or sedimmtatim anal vegetated in fiat/ accord with the veaetative buffo svmifcatims set foNa in Schedule 1. Said berm sball not armed ten (10)fmtin heinh[. All other tams and wnditiws of said Decd of Open Space Easement shall remxia in full Race suit effect. - - IN WITNESS WHEREOF, the Grantor and Holder have set their hands and seals and the Ga stor has delivered these presents and the Holder has accepted them as the date and year fust written above. 05-125 B}3=ONBYGRANTOR Witness: - GRANTS TRAB,ER SALES, INC. t ted Name: It�COP.� BY: Iudson M. Gran Ir. LTs: Duly AudeonzedP dent STATE OF MAINE Penobscot County, as Aprll2O 2005 Then paaanally appeared the abov named BIDSON M. GRANT, M, President, Great Trailer Sales, Inc., and acknowledged the foregoing instrument te be tds free act and deed in his said capacity, and the flee out aM deed of said body coMora[. Nuhry vMid# ney-at-Law -ACQUIESCENCE AND ACCEPTANCE BY BOLDER: Witness: CCFFYYY�O�PB[ GOORR\ I�,GWM/A. LAiV nted Name: By: Edward A. Barrett Ica: City Mang %YMMUMMI Penobscot County, as Ap.il39 2005 Then personalty appeared tfie above-named Edward A. Barrett, Qty Manager, and acknowledged the f going instrument a be b4ftee act and deed in hiSsa d capecity, and tM bee act and dead of said body corpora#. At ey-at-Law 2 TO: Patti Dubois, City Clerk FROM: Terri Corey, Legal Department RE: Grant Trailer Sales, Inc./Stillwater Avenue Property DATE: May 3, 2005 Enclosed please find a copy of an executed Amendment to Deed of Open Space Easement, dated April 20, 2005 between the City and Grant Trailer Sales. The original Deed signed pursuant to Council Order #03-310 was previously forwarded to your office. The execution of this Amendment was authorized by Council Order #05-125 passed on April 11a. If you have any questions, please call me. Enc pc: Jim Ring, I&DS Director Planning Office i