HomeMy WebLinkAbout2001-08-13 01-316 RESOLVEMan No m—its
Date: ABRdat 13 2001
Item/Subject. RESOLVE, Ratifying Execution and Dellvery of Agreement with loh r
B. Darling -- Realignment of Sylvan Road
Responsible Department: Engineering/Legal
The City negotlated an Agreement with Darling's whereby Darling's will donate the land necessary to
realign Sylvan Road In return for the City clearing and filling and grading the adJacent lot. As the city
intends to complete 16 work by the enel of the year, time was of the essence in the execution of this
Agreement. Accordingly, this Resolve will ai the actions of the Engineering and Legal Odices in
completing this matter.
City Manager
Associated Information: Agreement
Approval:
Finance Director
Admitted for Consent Agenda
1 Passage
_First Reading Page _1 of L
Referral
e
Department Head
MMrager'scommente:'Z
,�j'�l„�„rQ
P
ve
City Manager
Associated Information: Agreement
Approval:
Finance Director
Admitted for Consent Agenda
1 Passage
_First Reading Page _1 of L
Referral
J•.T_j Aosigoed to Convenor Sra61e August 13, 2001
CITY OF BANGOR
(TITLE.) Resolve, Ratifying Execution and Delivery of Agreement with John B. Darling
-- Realignment of Sylvan Road
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a..n �i7ti3i.
a1-316
THAT the action of Edward A. BBm&h City Manager, In executing and
delivering an Agreement, dated July 25, 2001, between the CIry of Bangor and John B. Darling,
is hereby ratified and confirmed. A copy of said instrument is attached to this Resolve and is
incorporated by reference.
I cTT4 000&CIL
Aa t 13.2001
Passed
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# 01-116
RESOLVE
)TITLE) Eatifyivg esecaHw.aad Delivery
vtn Sah B. Dacliog - Heali�oeai of
Sylvm R
A Igned W CouWlor A&IYA- l
01-316
AGREEMENT
This Agreement is made and entered into this S day of,
2001, by and
between the CITY OF BANGOR (hereinafter "City, a municipal corwi t organized and
existing under the laws of the State of Maine, and having its principal offices located at 73
Harlow Street Bangor, Maine, and JOHN B. DARLING (hereinafter "Darling"), a resident of
Penobscot County, Maine,
WITNESSETH:
WHEREAS, the City proposes to relocate approximately 473 feet of the westerly end of
Sylvan Road to align the mads ammunition on Hogan Road with the signalized intersection of
Hogan Road and Haskel Road; and
WHEREAS, the City proposes said relocation in order to improve life safety, traffic Flaw,
and accessibility of Sylvan Road;
NOW, THEREFORE, IN CONSmERAUON of the mutual promises and covenants
contained in this Agreement, the parties hereto agree as follows;
L Within thirty (30) days from the date of execution of this Agreement, Darling shall clear
the trees from the Coding Subdivision Int 3 in preparation for grading and filling, as
shown on plan number L288, entitled "Proposed Site Grading Plan", dated May 2000,
on file in the Bangor City Engineer's Office, said parcel to be graded by the City in
accordance with a land Development Permit for a grade and fill to by acquired by the
City in accordance with paragraphs 3 and 4.
2. Within seven (7) days from the date of execution of this Agreement. Darling shall convey
to the City of Bangor, in fee simple, the land necessary for the realignment to be used as
right-of-way by the City of Bangor for no cost; said parcel to be as described in Exhibit
A, attached hereto and incorporated herein by reference.
3. The City shall secure a Land Development Permit from the Bangor Planning Board for a
grade and fill. The City shall also secure any offer permits that may he required to
complete the grade and fill and/or realignment project.
4. The City shall place fill material on Darling Subdivision Lot 3 and shall grade a portion
thereof, in accordance with the Lard Development Permit for a grade and fill to be
acquired by the City.
5. The City shall construct a new roadway as shown on a plan numbered. H-157 and
prepared by the City of Bangm, dated July 25, 2000, and entitled "Sylvan Road
Realignment", on file in the Bangor City Engineer's Office.
01-316
6. The City shall install and maintain all erosion control required for the grade and fill and
realignment project. Storm water Row will be directed according to grading as shown on
the said plans numbered 1.298 and H-15]. Darling shall be responsible for stormwater
management for any forum development of Darling's Int Number 3.
T. The City shall maintain continuous public access on Sylvan Road dlroughout the project
duration and shall post business non s isruption signage, as necessary.
8. The City of Bangor hereby agrees to RELEASE and HOLD HARMLESS said Darling,
his officers, servants, agents, employees, successors and assigns from any and all claims,
demands and actions filed on account of loss, damage or injury, including personal
injury, sustained upon the Darling property while completing the work required by this
Agreement.
9. The City anticipates a completion date of Decembv 31, 2001.
IN WITNESS WHEREOF this agreement has been executed, sealed and delivered as of
the day and year first above written.
Witness; "
VNN
CrIXOF BANGOR
@ ci
By:
Its: City Manager
JOHN B. DARLING
�G
STATE OF MAINE
Penobscot, as. �-T&'0•. ate, 2001
Then personally appeared the above-named Edward A. Barren, in his capacity as
City Manager, and acknowledged the foregoing instrument to be his free act and dead in his said
capacity, and the free act and deed of said body corporate.
Before me, -
�%1
Notary PublChId me l-Izw-
Panted Name:
TERBI L. COREY
NOTARY PUBLIC, MAINE
MY COMMIESSM EXPIRES BECOMES A MN
01-316
STATE OF MAINE
Penobscot, ss. SLILY BS" 2001
Then personally appeared the above-named John B. Darling, and acknowledged
the foregoing instrument to be his free act and deed.
Before mpe,
law L.4-1 /I mvve,%o
Notary PubbdAttomey-at-Uw
Printed Name: P&JPQ W. FQJACLS
ROLANB W. FRANCIS
Notary Public • Shta of Mame
My COmmission Expires Jury 19, 2005