The URL can be used to link to this page

Home My WebLink About1997-12-08 98-39 ORDERCOUNCIL ACTION Item No. 98-39 Date December 8. 1999 Item/Subject Authorizing City Manager to Execute Easement Deed to Fred Gallant and Michael McLaughlin (Portion of Tax Map R61, Lot 8) Responsible Department: Legal The Grantees of this easement are developing a lot of land at the corner of Kittredge Road and Stillwater Avenue. The easement will Permit them to meet the setback requirements along Kittredge Road. The Grantees will not be allowed to use the property subject to the easement for any other purpose other than to meet the setback requirement. The City retains the right to maintain the property n the same manner as it would without the easement. The affected Portion of Kittredge Road is to be discontinued soon, the effect of which would be to give the Grantees title to half the road. In return for the easement, the Grantees will be deeding a 19 foot strip along Stillwater Avenue from the parcel to be redeveloped. This will give the City a 100 foot right-of-way along Stillwater Avenue. Department Head Manager's Comments:'„ne..wiaf)� Cit y Manager Associated Information: Order, Easement Finance Director City S� citor Passage 4w First Reading Referral Page I of 6 98-39 ArignM[o Coo dkW Baldacci December 8, 1997 CITY OF BANGOR (TITLE.) (orber, Authorizing_City Manager _co execute easement Deed to Fred Gallant and Michael McLaughlin (Portion of Tax By W CUY C"nag of 04 CUm of Ba .* THAT the City Manager is hereby authorized, on behalf of the City of Bangor, to execute and deliver a certain easement deed to Fred Gallant and Michael McLaughlin, granting an easement toy the purpose of meeting setback requirements. A copy of said easement deed is attached to this Drder and incorporated herein by reference. IN CITY COUNCIL December S. 1997 Passed 98-39 ORDER EK Title, Authorizing City yaManager nt MExecute Easement tFred McLaughlin (Portion of Tax Map R61, Lot 8) ...................................... .......................^�...�.�.�.�].:�(.J...... Kv —m Aeeigoaed to Councilman Ek7[IBIT A A certain lot or parcel of land situated in the City of Bangor, County of Penobscot, State of Maine, bounded and described as follows: a strip of land eighteen (18) feet in width in the east side of Kittredge Road extending from the intersection of the east side of the Kittredge Road and the northwest side of Stillwater Avenue in a northerly direction four hundred forty-two and sixty- three one hundredths (442.63) feet. Meaning and intending to convey an easement over the east side of Kittredge Road eighteen (18) feet wide adjacent to two parcels of land described in deeds from Frederick L. Dori and Lucille P. Dorr to Fred Gallant and Michael McLaughlin, dated December 6, 1996 and recorded in the Penobscot County Registry of Deeds in Volume 6325, Page 145 and Kenneth E. Spencer and Priscilla G. Spencer to Frederick Gallant and Michael J. McLaughlin, dated February 14, 1997 and recorded in the Penobscot County Registry of Deeds in Volume 6325, Page 143. 98-39 Witness Fred P. Gallant WitnessMichael J. McLaughlin STATE OF MAINE PENOBSCOT, ss ,1997 Then personally appeared the above-named Edward A. Burned, City Manager, and acknowledged the foregoing instrument W be his free act and deed in his said capacity, and the free act and deed of the body corporate. Before are, Notary Public/Adomey STATE OF MAINE PENOBSCOT, as Then personally appeared the above-named Fred P. Gallant and acknowledged the foregoing instrument to be his free act and deed. Before me, Notary Public/Anomey STATE OF MAINE PENOBSCOT, as Then personally appeared the above-named Michael J. McLaughlin and acknowledged the foregoing instrument to be his free act and deed. Before me, Notary Pubilc/Attorney 0 EASEMENT Easement made this day of , 1997, by and between the City of Bangor (hereinafter referred as to Grantor) a municipal corporation located in Burger, Penobscot County, Maine and Fred P. Gallant and Michael J. McLaaghlin, both of Brewer, Penobscot County, Maine (hereinafter referred to as Grantees). WITNESS H WHEREAS, Grantor is the owner of Kittredge Road right -o£ -way; and WHEREAS, Grantees propose to develop a certain lot or parcel of land on the comer of Kittredge Road and Stillwater Avenue in Bangor, Maine; and WHEREAS, Grantees' proposed development does not meet the setback requirement of rhe City of Bangor's band Development Code along the Kittredge Road; and WHEREAS, Grantees require an easement from Grantor to he in compliance with the City of Bangor's Land Development Code along the Kittredge Road; NOW THEREFORE, for consideration paid by Grottoes to Grantor and in consideration of the covenants and agreements hereinafter set forth, the paries hereto, for themselves and then successors and assigns, some as follows: 1. Grantor does hereby grant to Grottoes, subject to the terms and conditions hereinafter set forth, an easement to use for the purpose of meeting the City of Burger's Land Development Code setback requirements the premises described as follows, to wit: See Exhibit A attached hereto and incorporated by reference herein. 2. Granter does not warrant title to the aforedescribed premises in which the foregoing easement is granted and does not moderate to defend Grantees in the peaceable e joyment thereof. 3. Grantor retains the right to construct, maintain, use and operate, on the present grade, or such grade as it may establish in the future, its streets, sidewalks, drainage structures and ditches, sewer lines and water liras, in, upon, along or across any or all parts of Grantor's Kittredge Road right-of-way adjacent to the aforedescribed premises, all or any of which may be freely done at any time or times by Grantor, its employees, agents, or successors, without liability to Grantees or to anyone else for compensation or damage. Grantees do forever release Grantor from all claims or demands which Grantees, their successors ard assigns, may have or hereafter acquire against Greater by 98-39 reason of or on account of my injury sustained to the aforementioned premises or any improvements thereon, of any nature whatsoever, on account of Grantees' right to use said premises. 4. No billboards, signs, handbills, posters, advertising materials, of my kind shall be enacted displayed, placed or maintained upon the subject Premises. 5. Grantee shall repair, at its sole expense, any damage to streets or public utilities arising from the exercise of its rlglus under this easement. 6. The rights conferred hereby shall be the privilege of the Grantees only, and no assignment or transfer hereof shall be made, or otheruse be permitted than for the purpose stated herein without the prior written consent of the Counter. ]. This easement shall terminate in the event that Grantees no longer need the subject premises for the purpose of meeting the setback requirements of the City of Bangor's Land Development Code or in the event that the City discontinues that portion of Kittredge Road which abuts the subject premises. In the event oftemarnsiom by discontinuance of the portion of Kittredge Road which abuts the subject premises, Chances shall remove any driveways they may have constructed to correct their property to the Kittredge Road. S. Failure on the part of Granmr to complain of any action or non -action of Grantees no natter how long the same may continue, shall never be deemed a waiver by Grantor of any of its rights hereunder. 9. This easement shall be binding upon the smsessors, tenants, lessees, licensees, and assigns of Grantor and Grantee for so long as it remains in fail force and effect. M WITNESS WHEREOF, the City of Bangor bas caused firs instrument to be executed, acknowledged, and delivered in its name and behalf by Edward A. Baran, its City Manager, thereunto duly authorized, and Fred P. Gallant and Michael 1. McLaughlin, Grantees herein, have caused this instrument to executed, acknowledged and delivered. CITY OF BANGOR Witness Edward A. Barrett Its City Manager