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Home My WebLink About2000-05-22 00-212 ORDERDate: May 33, MOD Item/Subject: Order, Autharizing Execution of Agreement with A.I. Rudnicki, Inc. and Pauline Rudnicki and Acceptance of Deeds— Parallel Service Road Responsible Department: Legal The City has proposed w establish a new public way referred to as the parallel service road and put the same on the official Cty map. Part of the road was through property of A. I. Rudnicki, Inc. and Pauline Rudnkki. The City and A. J. Rudnicki, Inc. and Pauline Rudnicki have reached an agreement wherein A. J. Rudnicki, Inc, and Pauline Rudnicki will deed to the Cry in fee simple at no cost to the City that portion of the parallel service road that goes through their property. The attached order will authorize the City Manager to execute an agreement to this effect and to accept deeds to this property. Department dead Manager's comments: Recommend approval. Z&4 — City Manager Associated Inf nuouttgr: Order, agreement Finance Director Legal Approval: ZA kitor Introducedfor X Passage _ FOR Reading Page_ of Referral to Finance Assigned to Councilor Parnham May 22, zollo G CITY OF BANGOR (MLE.) Order, Authorizing Execution of Agneement With A. ). Rudnicki, Inc. and Pauline Rudnidd and Aaeptance of Deeds — Parallel S ice Road ORDERED, PdwaM A. Barrett, City Meager, is hereby authorimd, on MMlfofihe City of Bangor, us executem Agrcemmtwith A.l. RudnickElncand Pauline Rudnicki for Nemmryancebydeedsa proputy within the souped parallel service road. Bdwa d A. Barren, City Meager, is hemby fuller auf mo onbeluifofthc CityofBagmtoacceptniddeeds. SeN Agwnent shell be submu,tieiiy We form u anachad MfetO, tlm Bal form ofsud Agreanent and dcedsto M in a form mdsfac[ory to Ne City goliutwar Assistant City Solkitor. 1M an co®cxu May PT, 2000 Motion for Passage Made and Recmmen R'_ I 0a 212 Opm i1Me, Authorizing goecation of Agreement with A. J. eodaickl, Inc. and Pauline Hadaicki and Acceptance of Deeds - Parallel Service Road /lftRb to Oi! F4o ODMOaIor Al v i ► mak: 00-212 AGREEMENT Agreement made dus_day of , 2000 by and between fie City of Bangor, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Maine, and having its principal offices at 73 Harlow Sheet Bangor, Maine (hereinafter City) and Pauline Rudnicki of Bangor, Maine and A. J. RudoicK Inc., a corporation duly organized and existing under the laws of the State of Maine. WHEREAS, Pauline Rudniclu is the owner of certain lot or parcel of lead located in Bangor, Maine and more particularly described in Exhibit A amphadl hereto; and WHEREAS,A.J. RuhricU,Inc, is the owner of a certain lot or parcel of land located in Brogue, Maim and more particularly described in Exhibit B attached hereto; and WHEREAS, the City has proposed to establish a new public way referred to as the so- caRM parallel service road and put the same on the official City map pursamnt to Council Order 99-39 acopy of which is shouted bereto as Exhibit C; and WHEREAS, the City is prepared to begin the process of a faking to acquire those Potions of the parallel service road now owned by Pauline RudNcki and A.1. Ru lmaki, Inc.; and WHI REAS, the parties since that in lieu of raking by the City Pauline Rudnicki and A. 1. Rudnicki, Inc. shall convey certain lots or parcels of land to the City more particularly described in Exbibits A and B attached hereto. NOW, THEREFORE, for the mutual promises contained herein, the parties agree as follows: I. Pauline Rudnicki shall convey to the City a certain lot or parcel of lead loomed in Bangor, Maine and more particularly described in Exhibit A crashed hereto et no cost m the City other than the mutual promises contained herein. 2. A.1. Rudrdcki,Inc. shall convey to the City a certain lot or parcel of land located in Burns, Maine and more particularly described in Exhibit B attached hereto a no cost m the City other than the mutual promises contained herein. 3. Said conveyance shall be lieu of a faking by the City. 4. The City shall construct or have constructed a public way on the said low or parcels Of lead within ten (10) years from the date of conveyance. If the City fails to do so, said low or parcels of lead shall revert to Pauline Rudaicki or A. J. Rudnicki, respectively. W-212 5. Pauline Rudnlcki and A. J. Rudoicki, Inc. shall not be required to contribute m the constructiov of said public way, urdess said Pauline Rudnicki and/or A. J. Rudnicki, Inc, are developers of land abutting said way and contribution to the construction of the said public way is required as a so-called off-site improvemaa necessary to said development 6. Pauline Rudnictl aM A. J. Ruinicki, Inc. shall not be requ'ved to contribute to the inaaRaticn of said public sewer or water or otIer utility, unless (1) said Pauline Rudoicki and/or A. J. Rudaidd, Inc. are developers of land abutting said way and contribution to the installation of said public sewer or water or other utility is requned as a so-called off-site improvement necessary to said development or (2) unless said public sewer or water or other utility is otherwise needed to serve Pupil Rudnicki or A. J. Rudnicki, Inc. property. 1. The closing sball be on orbefom June 1, 2000. CITY OF BANGOR Witness Fdward A. Barrett City Manager A.1. RIIONICKI, INC. Witness Name: Title: witness Pauline Rudmeld 00-212 State of Maine Penobscot, as 2000 Then personally appeared the above -maned Edward A. Barter, City Manager, and acknowledged the foregoing to be his free act and dad in his said capacity, and the Gee act and deed of said body corporate. Before are, Notary Public/Attorney at law Primed Name: Commission expires: Some of Maine Penobscot, as 2000 Then personally appeared the above-named and acknowledged 16e foregoing to be his/her free act and dead in his said capacity, and the free act and dad of said A.1. Rudnick, Jac. Before me, Notary Public/Attomey, a law Primed Name: Commission expires: State of Maim PenobscoS as 2000 Then personally appeared de above-named Pauline Rudnick, and acknowledged the foregoing to be her free act and deed. Before me, Notary Public/Attorney at law Printed Name: Commission expires: