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Home My WebLink About2003-07-14 03-240 ORDERItam No, 6Y310 Bate: 07-1e-63 Rem/Subject: Autboriaing Bieeondnmom of n Pordon ofHellier Street Responsible Beparirnsnb Engineering Shaw's Supermarket is planning to expand its Main Street more, but in order to do se, R needs to use a portion 0 Hellier Street Shaw's and BP Realty, Inc., an entity owned by Shaw's, have proposed to relocate a portion of Hellier Street In properties BP Realty owns on the for side of Hellier Street in exchange for the City discontinuing its current location. This Order begins the process of discontinuing the affected portion of Hellier Street. Depai4nerd Head Manager's Comments: // ,Qr�anmm/A��^rl �ll �T"ZI Cry Manager Associated Information: Order, Agremnsnt, Map Rnance Director Intradaced for Passage First Reeding Page _ of _ _ Referral 03-240 ne.i�m w �uor c.maer +qtr ic. 2003 CITY OF BANGOR (TITLE.) Order, Authorizing Discontinuance of a Portion of Hellier Street By the O'ty COUM/ of the City Of Ralw.- iP7.3zT.r@ THAT WHEREAS, Hellier Street is adjacent W an existing Shaws Supermarket, WHEREAS, Shaw's Supermarket desires W expand, WHEREAS, Shaw's Supermarket needs the land on which Hellier Street is located in order to expand, WHEREAS, BP Realty, Inc. owns the several properties across Hellier Street from the Shaws lot, and WHEREAS, Shaw's Supemiartet, Inc., BP Realty, Inc., and the City have agreed in principle to enter into Agreement whereby BP Realty and Shaw's will wnstruct a new right-of-way and relocate all utilities from the ourrent Hellier Street to the several lots owned by BP, Inc. NOW THEREFORE BE IT ORDERED, that the City Engineer be and is hereby authorized and directed to begin the process of discontinuing that portion of Hellier Street designated as Area A in Exhibit A attached hereto in accordance with the proisions of 23 M.R.S.A. 43026 and submit a written report to the City Council for further action. ie ax£ maxcn. Jury 14. a p 01260 series MAde de ml Seconded for Passage Passed n a n x e (TRLE) euclwnsfng nLcwsmuavca of a Portion of Settler Street Assigned to undlur `" 03-240 AGREEMENT This Agremmnt is made and arcered into this _ day of 2003, by and between the CHIT OF BANGOR (hereinafter "City"), a municipal copoetlon organized and existing under the laws of the State of Maine, and having 10 principal offices located at 73 Harlow Street, Bangm, Maine, W "ALW, LLC (hereinafter "Bis Realty"), a limited liability comPony organized and existing under the laws of the Commonwealth of Massa inessmts and owning property located in Bangor, Mum, and SHAW'S SUP TS, INC. (hereinafter "Shaw's"), a corporation organittd and existing under the laws of the Commonwealth of Massachusetts suit having a place of business located at 353 Main Stms Bought, Maine. WHPNESSETH: WHEREAS, the City is the owner of a right-of-way known as Hellin Stacet and a right-of-way known as Parker Street, both located in the City of Bangor, Coumy ofPenhbsom, and State of Maine; WHEREAS, Shaw's leases estate real property from Penobscot Development Limited Liability Company, ("Penobscot Development") located between said Bather Shat and Main Sheet, upon which it operate a supermarkeS WHEREAS, BP Readily owns foo patals of teal thenen m me westerly side of Hellier Suisse, which few parcels comprise land depicted es "Area B" and "Area C" on a plan ambled "Lot Consolidation Plan frr Penobscot Development Carp. LLQ [sic], Main She Bangor, Maine", prepared by Dancer Sum", be. and dated March 20, 2003, Dowing No. 14808, a copy of which is amachal hereto es Exhibit A (the "Lm Consolidation Plan"}, WHEREAS, Shmv's and BP Really desire to expand the supermarket and appurtenances, and in oda to do so, need to relocate Hellier Street ono cousin of the properties owned by BP Realty comprising "Area B" as shown on the Lit Consolidation Plan, and m dismminue such portion of Hellin Smehand Parker Smelt as are locaterl within Area A ss depitted on the Lot Consolidation Plan; WHEREAS, subject to the fulfillment of certain requirements between Sinew's and Penobscot Development, Shaw's is authmittd by Penobscot Developmm, LLC m undertake the expansion of the supnmarkat and appiu mmme and WHEREAS, the City does not object m the teloration of Hellier Street and the dis uatinuance of a portion of Parker Strep in order allow the supamarkm and appurmmnces to expand; NOW, THEREFORE, for and in consideration of me mutual covenants hereinafter set forth, and other pod and valuable consideration, the parties hereto agree as follows: 1. BP Realty and Shams shall be responsible for developing the expansion, including the relocation of Hellier Street in accordance with the site plan approved by the Bangor Planning Board on lune 3,2W3. 2. BP Really and Shams shall demolish all shucmres and remove all debris from the following Parcels to prepare mem m have Hellin Sheet relocated onto Nem: 39 Patten Street (tax asscssses map 35, lot42),42Pm nShutbrap35, 1041),9Hellier Sheet(map35, IN43), and 8 Parka Street (map 35, lot 44), such parcels being collectively shown as Area B and Area C the Lot Consolidation Plan. 03-240 3. BP Realty and Shaws shall provide the City with a surety bond as a guaranty Mr Me construction of all necessary public improvemunts, including, but not limited W, sewer, Aormwater, water, electrical service, any after utilities, and the construction of Me relocated Hellier Street in an amount equal W a cost caliphate for tach public improvemeam approved by the City Engineer. 4. Upon tender of the surety band, the City of Bangor shall initiate the discontinuance of the portions of Hellier Strut and Parmar Street (including any public easement) as are loafed within Area A on the Lot Consolidation Plan on a schedule Mat will allow fir Me completion of Me discontinuance process grotto August 1, 2003. S. After acceptance of the plans and specifications for the relocated Hellier Street improvements by the City Engineer, and contemporaneous with (i) the completion of the discontinuance of the positions of Hellier Street and Parker Street (including any public easement) as are located within Area A as shown on the Lot Consolidation Plan; and (ii) Me execution and delivery of rhe deed contemplated by Section 6, below, BP Realty shall lender to Me City of Bangor a general warrants deed for Me parcels of land depicted as Area B and Area C on Me Lot Consolidation Plan, such conveyance to be subject, however, to the matters shown on Exhibit B, attached hereto and made a pmt berenf. 6. Cwrtemposammus with(i)Me acceptance by Me City of Bangor of Me deed described in Smfion 5, above, for Me relvnaed Hellier StreeS and (ii) Mc completion of the discontinuance of the potions of Hellier Street and PaMor Street (including any public easement) as aro located within Area A as shown on the Lot Consolidation Plan, the City of Bangor shall cxccme and deliver a municipal quitclaim deed W the land depish n Area A on Me tut Consolidation Plan W BP Realty or a mmminee selected by BP Really that agrees W accept such municipal quitclaim deed, provided, however, Mat: (a) if said municipal quitclaim dead is nm executed and delivered W and accepted by Penobscot Development, Men the entity acquiring title to Area A shall be required to acute and deliver to Penobscot Development an appurtenant casement to allow vehiculv and pedesi ingress and egress W and from the existing land of haobscm Development via Hellier Street and Rehen Street in the location of Me existing curb cut on laved of Penobscot Development where it now intermits Hellier Street. as well as an appurtenant casement to continue to operate, maintain, repair, and replace any utilities currently serving the Penobscot Development property and located in Area A. if my; and (b) Me grantee of Me property described in this Section 6 shall execute and deliver W Me City of Bangor a temporary easement Mat will allow Me City of Bangor W continue W was said Area A for proposes of vehicular and pedestrian passage and for purposes M operating, maintaining and repafdng all utilities now existing in said Area A, said cement to terminate automatically by its bums upon completion by Shaw's arad BP Realty of Me construction of Me relocated Wilier Str«t in accordance with the plans and specification approved by tai City Engineer pursuant W Section 5. Puncheon: Development shall be an intended third -parry beneficiary of the provisions of this Section 6, 1, BP Realty and Shaws shall comply with all federal, were, and local laws, and secure and abide by all federal, state, and local permits end approvals necessary for the expansion of Me supermarket and appurtenances. 2 , S. BP Realty nM ShaWs shall complete the wwstrvUian of the relocated Hellier Street no lata than Comber 15, 2003. 9. BP Realty and Shaw's shall pay an inspection Ace to the City of Bangor in an amount to be deturnmed by the City P.nginea. 10. Correspondence between the parties shall be sull if sent by registered or certified mail, mown receipt requested, postage prepaid: To the City: City Engineer Bangor City Hall 73 Harlow Street Bingor,Maine Will to BP Realty: to Shaw's: I1. Nothing comsined herein shall be deemed or construed as creating Me relationship of principal and about or of partnership or ofjoint venture between the parties. 12. This Agro mern shell be governed by the laws of the Stam of Maine, as Me same may from time todmeexist. M WITNESS W ItEOF this aloono t has been roomed, sealed and delivered as of the day aM Year fust above wrinen. CITU OF BANGOR By: Edward A. Barret Its: City Manager Duly Authorized pursuant m Order of Me Bangor City Council dated lune 23, 2003. 03-260 0P REALTY, LLC m g: h It AT T2; sT. �� 1191HX3 II S