Committee OKs forwarding easement agreement for 50-unit senior housing to full council
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Summary
The Business & Economic Development Committee approved forwarding a draft easement agreement to City Council so Bangor Housing Development Corporation and the Bangor Housing Authority can satisfy lenders and title insurers for a 50-unit senior housing project at 140 and 154 Sunset Avenue.
The Business & Economic Development Committee voted to forward to City Council staff’s recommendation to authorize a city easement agreement so a 50‑unit affordable senior housing project at 140 Sunset Avenue can close financing.
City Solicitor David (city solicitor) told the committee that Bangor Housing Development Corporation (BHDC) is scheduled to close this month and that lenders and the title insurer want a written easement agreement to protect improvements that will be built over an existing city stormwater easement that runs across 140 and 154 Sunset Avenue. He said the easement was originally granted to the city in the early 1980s and that engineering and legal staff had reviewed a draft form of agreement attached to his memo.
Joe Bethany, counsel to BHDC and general counsel at the Bangor Housing Authority, said the requirement is coming from the project’s title insurance company, not the developer. "It's actually our title insurance company that's requiring that we enter into this easement agreement," he said, and added he looked forward to continuing final-form discussions with the city solicitor.
Anne Creed, Business & Economic Development Director, and the city solicitor recommended authorizing the city manager to execute an easement agreement with BHDC Sunset Avenue 1 LP (the owner/developer at 140 Sunset) and the Bangor Housing Authority (owner at 154 Sunset), with final form approved by the city solicitor’s office. Committee members moved and seconded the recommendation; the chair said the item will proceed to City Council for the required council order because the proposed agreement is an interest in land.
The transcript records that the city previously awarded ARPA funds to BHDC for the project, that a site plan and subdivision approval were obtained and that BHDC recently received a building permit. No final council vote on the easement was recorded in the committee meeting minutes; the committee’s action was to forward the matter to City Council for authorization.
The committee discussion was procedural; committee members and staff focused on satisfying lender and insurer conditions while preserving the city’s maintenance rights in the stormwater easement.
