HomeMy WebLinkAbout2000-12-11 01-53 ORDERItem No, 01-53
Item/Subject ORDER, Authorizing Agreement to Grant Easement -- University of
Maine System
Responsible Department: Legal
Commentary:
The University of Maine System intends to realign a portion of Texas Avenue on land currently
leased to the University of Maine System by the City of Bangor. The University has requested
an easement for that portion of the realigned Texas Avenue within the land area.
This was approved by the Community & Economic Development Committee on November 8,
2000.
Managees Comments:
City Manager
Associated Information: Agreement
Budget Approval:
Finance Director
Inhnduced for
x passage
_—Mist Reeding page I of 5
Referral
01-53
rl(Assigned to CouncilorHaldacci ne,e er 11. 2000
21,
�zq,g CITY OF BANGOR
(TITLE.) ORDER, Authorizing Agreement to Grant Easement-- University
of Maine System
By the ay Couxil of the City ofA,anyor.
ORDERED,
THAT the qty Manager is hereby authorized, on behalf of the City of Bangor, to
execute an Agreement to grant an easement to the University of Maine System for the
realignment of Texas Avenue, Bangor. A mpy of said Agreement i5 aMached hereto.
IN CITY COUNCIL
December 11. 2000
Passed 01-53
L ORDER
CI dEBH
Title, Authorizing
UnJver nNceemeMa ne Casa[
easemeac - NaLoecaicy of Maine syacem
Assigned to
TO:
Pattl Dubois, City Clerk
FROM:
Terri Carey, Legal Department
RE:
University of Mane
DATE:
March 14, 2005
Enclosed please find an executed Agreement, dated December --, 2000, between
the City of Bangor and the University of Maine for the realignment of Texas Avenue.
This Agreement was approved by the Bangor City Council pursuant to Council Order
#01-53 passed on December 11, 2000. The second original has been forwarded to the
University for their records.
If you have any questions, please call me.
Enc
01-53
AGREEMENT
THUS AMENDMENT, esecuted in dupliewt tons_ day of December
2000, by aad between;
CITY OF BANGOR, abody politic and corporate,
duly orgarlzed and existing by virtue of toe laws
of does State of Maire, and being located in the County
of Penobscot, Stare of Maine (hereinafter sometimes
referred to as the "CI(y�
AND
UNIVERSITY OF MAINE SYSTEM, abody politic
and corporate, duly organized and existing order anti
by virtue ofthe laws of the State of Maine (hereinafter
sometimes referred m as the'Vmverdty'�
WITNESS
WHEREAS, by Indenture of Lease dated December 17,1970, the City leased to
the University certain promises described therein located on the easterly side of Maine
Avenue, Bangor Maine; and
WHEREAS, a portion of Teras Avenue crossed said lease premises; and
WHEREAS, the University desires m realign a portion of Texas Avenue,
including a portion on the leased premises; and
WHEREAS, an easement between the City and the University is requested by the
University for that realigned portion of Texas Avenue that is located within the lemed
Fairness.
NOW, THEREFORE, the parries agree ar follows:
1. The City shall grant to the University an easemeat for the realigned Texas Avenue
within the following described premises and as further described in Exhibit A
attached hereto:
Begimdng at apoint on the lease line between land of the University of Maine
System as described in a dead dated January, 29,1996 from the City of Bangor to
the University of Maine System recorded in the Penobscot County Registry of
01-53
Deeds is Vol. 6125, Page 272 and land of the City ofBangu under lease to the
University of Maine System by lease dated December 17,1970, said point being
S 5A 35' 31"E, 460.00 feet from the easterly, rightuf-way line of Maine
Avenue; thence continuing S 57035' 31" E along said lease line a distance
of 160.00 feet to a point, thence 5 320 24' 29" W a distance of 135.00
feet to a point; thence N ST 35' 31" W distance of 160.00 feet to a
point; thence N 320 24' 29" E a distance of 135.00 feet to the point
Of beginning, encompassing an area of 21,600 square feet.
2. Said easement shall be granted at no cost to the University.
3. Said easement shall be prepared and executed by the parries by December 31, 2000.
M WITNESS WHEREOF, the parries hereto have set their hands aad seals the day
and year written above.
CITY OF BANGOR
Witness Edward A. Recent
City Manager
UNIVERISTY OF MAINE SYSTEM
Witness J JT Name:
Title' �py�
NEW 25' HIGH N GW MH EI%JURE `[5
POLE. CON" BASE TP) 0501
T -V' NEW/6' WE IBIT. COry0. 51
I PROVIDE NfW CEOT,E/%TILE,
BAVJK ELOPE PROT@ECi1O1
O ,SLOPE51>9:1(B TH SO)Z If
VALN Cj
A1'
�.
11
REMOVE E�
�S
JX - GRUB, REL��M
R=206,0 J
L=117.63
°"Ton=60.57 �I;!
[ 3341'52' /
--
/
O VIDE
Il
�
Hi, PLUSH GE y
EDGE
�1
/Sall
/w
EW
,..
SIGNAGEL9O
REMO E%IBi.SPVMNY.-�\�-
' /A6 IN IC ED
' _ lIf
B a
--
SAWC6TTO E
/ _SIRNCNi, [LUSHUSH EDGE
01-53
AGREEMENT
THIS AMENDMENT, executed in duplicate, this_ day of December
2000, by and between:
CITY OF BANGOR, abody Politic and corporate,
duly organized and existing by virtue ofthe haws
of the State of Maine, and being located in the County
ofPembscot, State of Maine (hereinafter sometimes
refined to as the "City')
AND
UNIVERSITY OF MAINE SYSTEM, abody politic
and cooperate, duly organized and existing under and
by virtue of the laws of the Rude of Maine (hereinafter
sometimes referred to as the "University-)
WITNESSETH
WHEREAS, by Indenture of Lease dated December 17,1970, the City leased to
the University certain premises described therein located on the easterly side of Maine
Avenue, Bangor Maine; and
WHEREAS, a potion of Texas Avenue crossed said lease premises; and
WHEREAS, the University desires to realign apornon of Texas Avenue,
including a portion on the leased premises; and
WHEREAS, an casement between the City and the University is requested by We
University for that realigned portion of Texas Avenue thin is located within the leased
pretenses.
NOW, THEREFORE, the parties agree as follows:
1. The Cityshafl m ttode UNvenitymea =forther Oigned Texas Avmm
within the following described premises and as further dewnbed in Exhibit A
attached hereto:
Beginning m a point on the lease line between land oftbe University of Maine
System as described in a deed dated January 29, 1996 from the City of Bangor to
the University of Maim System recorded in de Penobscot County Registry of
Deeds in Vol. 6125, Page 272 and land of the City of Bangor under lease to the
University of Maine System by lease dated December 17,1970, said Point being
S 57°35' 31"E, 460.00 feet from the easterly rightof-way line of Maine
Avenue; thence continuing S 570 35' 31" E along said lease line a distance
of 160.00 feet to a point theme S 32° 24' 29" W a distance of 135.Ot1
feet to a point; thence N 57 35' 31" W distance of 160.0!1 feet to a
point, thence N 32° 24' 29" E a distance of 135.00 feet to the point
of begirming, encompassing an area of 21,600 square feet.
2. Said easement shall be granted a no cost a des Univwsity.
3. Said easeneat shall be prepared and executed by the parties by December 31, 2000.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year vban above.
CITY OF BANGOR
UN1VERISTY OF MAINE SYSTEM
Witness sore:
NEW 26' HIGH 1pOW MH FI 7URE `F5
POLE, GONG. BABE QW) C5 1
! NEW�6' WIOEIBIT 'C. SIDEWALK Cb
/ PRpLOPMDE NW CEOIEXTILE/ y4
BANK SLORE PROTRECTt6N
/
AISLE 1>4A(BO A�810�5 C5
Y, / //(/
0 ? ///,(/8py).. N/E A6X I TTP Cyr
l /
i1,5 p
=85.9 REMOVE
6'16'35' /i )' , x ��GRUB. R
/ /i / ft 200.-00
F "` C ?� `� Ta 60.5]
s
0233,41'52'
/JER�f,4/i//i///
SIp 0W
/
6 J / /
BOTH
i1P 'BOTH
NMS
�A�E /
JEP E. 09(0.
EW PL-
CUI! / �o / _Simi
// /,. EXIST.., I
yKS IN TE
L DO
"SAWC6T TO PRONDE�`
STRAIGHT, FLUSH EDGE
I/
A
ALE 1"="= 40'-0'
}i
1
ROWDE
1SH EDGE yii