HomeMy WebLinkAbout2003-07-14 03-239 ORDERIMm No. 03-239
Date: 07-14-03
Item/Subject:ORDER. Authorizing the City Managerto Execute an Agreement with BP Realty
and Shaws to Relocate Hellier Street
Responsible Department: Engineering
Shaws Supermarket is planning a 9,955 square foot expansion m its existing 60,000 SF store
on Main Street. In order to proceed, it will be necessary m relocate Hellier Street between
Patten Street and Parker Street The developer has acquired all properly to accommodate the
relocation and will construct the new street and all other utilities at its expense. Upon
completion, the City would transfer ownership of this existing right-of-way in exchange for new
right-of-way and new infrastructure. Staff has been working with the developer to develop the
attached Agreement. Planning Board approval for the project was obtained on June 3, 2003
subject to execution of an Agreement regarding relocation of Hellier Street.
Department Head
Manager's Comments: r
by Zn�andfr
City Manager
Associated Information: Order, Agreement
Budget Approval:
Finance Director
/ �rWAF
Introduced for
✓ Passage
_ First Reading Page _ of _
Referral
AssigwtlroCouncilm TreWle July 16. 21103
e` CITY OF BANGOR
TED
(WIRE.) ORDER, Authorizing the City Manager to Execute an Agreement with
RP Realty and Shaws to Relocate Hillier Street
By th oty cilli of the pry esibggm
ROW,THEREFORE, REi ORDEREDby Me CityCou1MlaNe CRy&Be w,
Edward A. Masi Ory Manager, is hereby authorized! W execute an Agreement MM BV Realty and
Shaws to relocate llellier Street and issue a quitclaim deed for Mar cl sxntlnued porton of Rellier Street
upon mmplelwn d said relocation. The Agreement shall be In a form approved by Me City Solichar w
Askham CityS llitilor.
z
ID'CIT4 COUNCIL #' 03-339 h
2---
July 16. 2003
aHSeconded for !hd¢ and Seconfar Passage ORDER
Passed
(TITLE,) 6nthoriz£ag the c£ty`3lanager to
xe t].ggg Esecuce an egreevenr wa y an
Shaws to Relocate Hellier street
02-239
AGREEMENT
This Agreement is made and entered into this �� of � 2003, by and between
the CITY OF BANGOR (hereinafter "City"), a municipal corporation organized and existing under the
laws of the Stere of Maine, and having he principal officas located at 73 Harlow Street, Bangor, Maine,
BP REALTY, LLC (hereinafter "BP Realty"), a limited liability company organized and existing under
the laws of the Commonwealth of Massachusetts and owning property heated in Bangor, Maine, and
SHAW'S SUPERMARKETS, INC. Lai reinafar "Shaw's"), a corporation organized and existing under
the laws of Me Commonwealth of Massachusens and having a place of business located at 353 Main
Street, Bangor, Maine.
WITNESSETH:
WHEREAS, the City is the owner of a right-of-way known as Hellier Street and a right-of-way
known as Parker Suceq both located in Me City of Bangor, County ofPenobscoS and Seats of Maine;
WHEREAS, Shaws leases certain real property from Penobscot Development Limited Liability
Company ("Penobscot Development") located between said Hellier Street and Main Street' upon which it
opnffies a supermarket;
WHEREAS, BP Bully owns four parcels of mal estate on the westerly side of Holier Street,
which four parcels comprise land depicted as "Area B" aM "Area C" on a plan entitled "Lot
Consolidation Plan for Penobscot Development Corp. L.L.C. [sic], Main Street, Bangor, Maine",
prepared by Damn Survey, Inc. and dated March 20, 2003, Drawing No. 14808, a copy of which is
Traded! hereto as Exhibit A (the "Int Consolidation Plan"k
WHEREAS, Shaws and BP Realty desire to expand the supermarket and appurtenances, and in
order to do so, need to neloca , Hellier Street onto remain of the properties owned by BP Realty
comprising "Area B" as shown on the Int Consolidation Plan, and to discontinue such portions of Hellier
Street and Parker Street as are located within Area A as depicted on the Lot Consolidation Plan;
WHEREAS, subject an the fulfillment of certain requirements between Shaw's and Penobscot
Development, Shaws is authorized by Penobscot Development, LLC to undertake the expansion of the
supermarket and appurtenances; and
WHEREAS, the City does not objent to the relocation of Helfer Street and the discontinuance of
a portion of Parker Street in order to allow the supermarket and appurtenances t0 expand;
NOW, THEREFORE, for and in consideration of the mutual extensors hereinafter so forth, and
other good and valuable consideration, the parties hereto agree as follows:
I. BP Realty and Shaw's shall be responsible for developing the expansion, including the relocation
of Heller Street, in accordance with the site planapproved by the Bangor Planning Board on
June 3, 2003.
2, BP Realty and Shaws shell demolish all structures and remove all debris from the following
parcels to prepare them to have Helfer Street relocated onto Mem: 39 Patten Street (tax
assessors map 35, lot 42), 43 Patten Street (map 35, lot 41fis Helfer Street (imp 35, IM 43), and
SParker Street (map 35, la 44), such parcels being officatively shown as Area B and Area C the
Lot Consolidation Plan.
3. BP Realty and Shawl; shall provide the City with a surety bond as a guaranty for the construction
of all necessary public improvements, including but not limited to, sewer, stormwater,-water,
(dentinal service, any other utilities, and due construction of the rel«sled Hellier Street in an
amount equal ill a cost estimate for such public improvements approved by the City Engineer.
6. Upon tender of the surety bond, the City of Bangor shall initiate the discontinuance of the
portions of He] [let Street and Parker Street (including any public saxment) as are located within
Area A on the Lot Consolidation Plan on a schedule that will allow for the completion of the
discontinuance process pdorto September I, 2003.
5. After acceptance ofthe plans and specifications for the relocated Hellier Street improvements by
the City Engineer, and contempomnwus with DR the completion of the discontinuance of the
portions of Hellier Streit and Parker Street (including any public easement) as are burned within
Area A as shown on the Ut Consolidation Plan; and (ii) the execution and delivery of Ne deed
wmonplated by Section 6, below, BP Really shall tender to the City of Bangor a general
warranty dead for the parcels of land depicted as Area B and Ams C on the Let Consolidation
Plan, such wnveyance to be subject, however, to the matters shown on Exhibit B, attached hereto
and made Part hereof.
6. Comemporeaeous with (i) the acceptance by the City of Bangor of Ne dead described in Seellon
5, above, for the relocated Hellier Street{ And (ii) the cornpletmil of the discontinuance of the
portions of Hellier Street and Parker Strom (including any public easement) as are hated within
Area A as shown on the Lot Consolidation Plan, the City of Bangor shall execute and deliver a
nusiOpm quitclaim deed to the land depicted as Area A on the Lot Consolidation Plan to BP
Realty or a nominee bell by BP Realty that agrees to accept such municipal quitclaim deed,
provided. however, that:
(a) if said municipal quitclaim dead is not executed and delivered to and accepted by
Penobscot Development, then the entity acquiring title to Area A shall W required to
execute and deliver to Penobscot Development an apportaum casement to allow
vehicular and pedeamian ingress and egress to and from the existing lend of Penobscot
Development via Hellier Street and Paten Street in the location of the existing curb cm
on land of Penobscot Development where it now interment Hellier Street, as well as an
appurtenant easement to own to operate, maintain wpair, and replace any utilities
currently serving the Penobacnl Development property and located in Area A, if any; and
(b) the grantee of the property described in this Suction 6 shall execute and deliver to the
City of Bangor a temporary easement that will allow the City of Bangor to continue to
use said Area A for purposes of vehicular and paleslrian passage and for impose; of
operating, maintaining, and repairing all utilities now existing in said Arm A, said
easement to terminate auromatically by its terms upon completion by Shaw's and BP
Realty ofthe construction ofthe relocated Hellier Street in acwManee with the plans and
specifications approved by the City Engineer pursuant to Section 5,
Penobscot Development shall be an intended thiN-party beneficiary of the previsions of this
Section 6.
]. BP Realty and Shaw's shall comply with all federal, stare, and local laws, and secure and abide by
all federal, state, and local pemnils and approvals necessary for the expansion of the supermarket
and appurtenances.
8. BP Realty and Shaw's shall complete the construction of the relooated Hellief Street no later than
November 15,2003.
9, BP Realty and Shaw's shallpay an inspection fee W the City of Bangor in an amount to be
determined by the City &igineer.
10. Cmrespondence between the parties shall be sufficient if sent by registered or certified mail,
return receipt requested, postage prepaid:
To the City:
City Engineer
Bangor City Hell
73 Harlow Strut
Bangor, Maine 04401
to BP Realty:
Tory Lsmbeq Esq,
Shaws Supermarket, It
P.O. Box 600
East Bridgewater, MA 02333
to Shaws:
Tory Lumber, Esq.
Shaws Supermarket, lnc.
P O. Box 600
East Bridgewater, MA 02333
11. Nothing contained herein shall h deemed or continued as creating the relationship of Principal
and agent or ofpamtersbip or ofjoint venture between the parties.
12. This Agreement Simi] be governed by the laws of the State of Maine, as the same may from time
to time exist.
IN WITNESS WHEREOF this agreement has been cr uuted, armed and delivered as of lire day
and year first above written.
CITY OF BANGOR
�Lj
By: Edward A. Barren
Its: City Manager
Duly Authorized pursuant to Order of the Bangor City
Council dated July 14, 2003.
BP REALTY, LLC
SHAW'S
SSSSU/SPEE MARKETS, INC.
Y.
s
Its: Vj, Z......�J �.� E�%..i..
ExLitsitA
(Lot Consolidation Plan-2 sweets)
roavwpyama w�i m+uammt
s�qq ntaoi ,xmg
PD1AR£RPiy DEED ..
GrySfnpy A. CBRIII, Sm. and PATRSCIA E..CERINZ, both of Greco,
County of Penobscot, State of Maine, for consideration paid,
grant to BP Realty LLC, a Massachesects limited liability
company with a mailing address Of; c/o l.Post Office,Sguare, 23`0
Floor, Boston, MA 02109, Attn: G. Michael Hawkey, EBg., wfzh
Batranty Covenants, the land with all buildings anaimprovements
thereon situate an the northeasterly side of Patten street and
northwesterly side of Hillier Street in Bangor, County of
Penobscot, state of Maine, bounded and described as fellows:'
Beginning at an iron bolt driven intotheground on the
intersection of the northwestaXlY.IiAe of Hillier Strait
with the northeasterly line of. patten street; thence
a,..chwesterly On. and by the northeastmrly line of patten
the
to a stake driven into the
o£ Helper street; Stene
of Hellier Street sixty-
eginning.. Being9 Lot Nc., 1
atten and Bell ier Street6,
. ..n R Snns. by David J.
NaSonr C'E:, dated July i a.,
ALSO the right to use in Common with Louis Rirstein 6 Sons g
as a right f we for tootpassengers and vehicles, a strip
of land seven feet in width, lying northwesterly of and
adjoining the northwesterly line of the herein tlesccibed
premises and extending from Said line of patten Strum=
northeasterly forty-four (44) feet.
Being thesamepremises conveyed to the Grantors by deed of
Iamara L. Hammond, dated October 19, 1996 and recorded in
Penobscot Registry -of Deeds, Book 6852, Page 14.
IN WITNESS WHIREOF the Grantors. have signedthisdeed as an
instrument under seal this Zp�L day, of December,. 2001.
witness:
Gregof Ceim J ,
Exhibit B
Deed to 39 Patten St., Bangor
Tax Map 35, Lot 42
B
.L
sTATE OF MAINE
'December V.
COUNTY OF PENOBSCOT, as.
!J
Personally appeared the above named Gregory A.Cerini, Tr.
and acknowledged the foregoing
instrument to be his free act and
deed.
7
Before me, .
771r
a
otary 'QTney
Printed Name:
'
�Wri! 16. fO06
B
Sk 0242 G9248 *23892
06-21-2002 H 10129a
weagmerr naeD
TRWy MCDDIRE, formerly Trudy C. Burnham, of Bangor, :'.cnnty
Of
Peuobecon, State of Maine. for Consideration paid, grants to
By gvntTy, LLC, a Massachusetts limited liability company, with
yuat,un y coususi TS, a certain lot or Parcel of land situated in
Bangor. Penobscot County, State of Maine, and being more
particularly bounded and described as follows to wit:
A certain lee or parcel. of land with the buildings thereon,
tedthe northeasterly side of Patten Potosi to said
,r, boarded and described so follows, via: Beginning at a
driven into the ground on One noor easterly If= Of (32.41)feet
:t, thirty-two and forty- One
h
stably £ the intersection of the northwesterly line of
r Street witb the northeasterly line of Patten Street,
eyed an said line of Patten Street thence northeasterly at
angles with said line of Patten street sixty-four anti fiifty-
:.., hFa (69.52) feet to a stake driven into the dp
southwesterly hitudo + . the
grforty-four one hundredths (65.64) feet t0 8 stake t dthenc into
ground on the northeasterly said l ldne of Patten strtrees thence south•
easterly on and by said line t Patten Street tttiof b Live and
ninety -ter Oita -hundredths (35.92) feet [a the POQ t £ begiivang:
being lot membered two (2) according to a Plan f land c_' retter
Street ski Nellier Street made for ]nm£t Afr9tein & Some my
avid
T. NightC.E. dated July, 19281 togeti with d subject to the
.
right of way granted and reserved in the deed Of Zonis %irateia 6
Done to Ernest G. Christaai s datedmAugust Sage 18e. recorded in
Penchi Registry o
The above described Preaches beigr all and the same prem£ses
s described in the dead it=nabta A. Wyle to Trudy C. entices,
dated Nay 7. logo andrecorded in Penobscot County Registry of
Deeds in Penn 6671, Page 185.
witness my hand and teal this al day of 7ubG' 20%:
�1 if m.
sd
Exhibit B
Deed to 43 Patten St., Bangor
Tax heap 35, Lot 41 1
B4 8242 P9249 a23892
MIT! OF MAINE
P6MOMCOT, ". - Sure all . 3003
Personally appeared the above named Trudy McGuire and
acknowledged the foregoing instrument tc be her free act and
deed.
fore me,
ry, Publioo��
e/print thee.
3Unt m S.pluze
Co rn e, kl No9
'Maine peal Estate
Ttaneffr Tsx Paid'
WARRANTYIEED
000.14 E. ALLEN VWA DORIS E. MNUARRIE Of LzeVe im. Lwmb a Md"
Stile d Neesda. FOR CONSIDERATION PAID, am" b BP REALTY, LLL, a
MrysMhusedd lmeed Li An yeneem V. mAn WARRANTY COVENANTS. a odan
hl o,paRel WIeM. WW1 NebuiWlfA/sfierem. MutleO b. EanWn.LWMY 01
PenWsee. Abide IN Minn. baunded and tec bed a khm. 10 wit
Being an same eund .w utd1D Ee Gnome M2'q W dud M Am'n F.
µ¢yt And WNroA Westdsled dab 11, IM wq rowNad in dre Pen0 mu
Lwnty Nasty 01 Deed; h vok"S AZT. Page ET.
wrtxEss myi.ww and wmia13 nsyd .200a
y��ry++Ess
L STATE OFNBVADA
CIOM1. W. :Sxa
Pg mebment earetl NedE:Mnert2d DORIS E.ALLE1asW admUukd9stllhe
'h1eg0mS M1uaument to he nerrceeacmNdeM.
Woman. Q
iimlan �=s3�
^' •MYne Red Buie
"dia TSHldt
Exhibit B
Deed to 9 Hellier St., Bangor
Tax Map 35, Lot 43
Exhibit
(Encumbrances affecting Arca B and Area C- 4 dceds)
waaRANTV GPJDD
NFJIS C. NEILSON a(Bang r, CUWtlasPemhsel, Stare of Mean, FOR
CONSIO nM PAID. Eal to OF REALTY, ILC.aMespeFuzeW Leaned
Uo ry Cmrgam'. xis WARRAM'f COVENANDS, amber lot vpamN N lad. rriN
sea,warIa Meet soared on ParkM Noeel In Real CWmy of PenOEemt Slane
or MaIM. 00NdeJ Fred tlna was Ill b Wk
arms; Leta NUmbereE Mmkm (19) and Txmry yLw askYdcwn an Plan N
Fred N. Cr em0425mdedm Ne PenmsW Corral Rapiahy a Deal Plm
Seek No, 4, Page 12.
Real rad same Pnmsae content W No Gat hent le dead ofJmerah P
ll and Lower J. "M ME
Resonant Central RogaryVorrDeed�ve DIED, Page� IRS and 101,
0N
WIit1E55 mynaMaM 3ea11M�s a'day of 2002.
ERS CFi XE O�
STATE OF MAINE
venohsml.res, t - Qe,�,fL,2pp2
PtremaAY aeMared LSe elomnametl H6L5 C. N"—'riJ"'m wme.N�d
9a krepoml inarumem b helas tree act send dead.
Norma me.
Prem Na r L
µFina Aal Fina
lnodn Ta P^m'
Exhibit B
Deed to S Parker St., Bangor
Tax Map 35, Lot 44
e®K
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...........
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LOT CONSOLIDATION PLAN
OR
"^^°••^•^PENOBSCOT DEVELOPMENT CORP. L.L.C.
MAIN SIRA
fSIACS:4� ^per ms BANGOR. MAINE
02-234
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„. LOT CONSOLIDATION PLAN
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MR
PENOBSCOT DEVELOPMENT CORP. L.L.C.
MAIN
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BANGOR. MAINE
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