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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 r 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 LP.SH o # 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