HomeMy WebLinkAbout1997-12-22 98-55 ORDERCOUNCIL ACTION Item No. 98-55 Date December 22. 1997 Item/Subject: Authorizing City Manager to Execute Easement to Martin's Country Homes, Inc. (Portion of Tax Map 2 Lot 68) Responsible Department: Legal Commentary: Martin's Country Homes, Inc., owner of the lot on Gray Street, is constructing a pre -fab home with attached garage. After the foundation was poured and the home ordered the owner discovered that his garage violated the Land Development Code's setback requirements by approximately four (4) feet. There is ample room between the paved portion of Gray Street and the garage so that this easement will not negatively affect the City. This Order would authorize the City Manager to execute the Easement document on behalf of the City. Department Head VU Manager's Comments: pp CCity Manager Associated Information: Easement Budget Approval: Finance Director City Solicitor Introduced For CONSENT AGENDA Passage First Reading Referral Page — of 98-55 A agned to CounNor Aube December 22, 1997 CITY OF BANGOR Authorizing City Manager to Execute Easement (TITLE.) ftM............. .......... .......... _._. _..... to Martin's Country Homes, Inc. (Portion of Tax Map 2, Lot 58) BY w City Coyw11 of W City ofBanyw+ ORDERED, MT the City. Manager is hereby authorized, on behalf of the City of Bangor, to execute and deliver a certain easement deed to Martin's Country Homes, Inc. granting an easement for the purpose of meeting setback requirements. A copy of said easement deed is attached to this Order and is incorporated herein by reference. IN CITY COUNCIL 99-55 December 33, 1997 Passed O R D E R Titley Authorizing City manager to CITYLEM Execute Easement to Harries s Country Homes, Inc. (Portion of TaxMap 2. Lo[ 68) .............................. .................................... Councilman EASEMENT Easementmsde this day of , 1997, by andbetween the City ofBmgor (hemi after referred as to Grantor) a municipal corporation located in Bangor, Penobscot County, Maine and Martin's Country Homes, Inc. of Mechanic Falls, Androscoggin County, Maine bareivatler referred to as Grantee). WITNESSTH WHEREAS, Grantor is the owner of Gray Street right -of way; and WHEREAS, Grantee has developed a certain lot or parcel of land on Cray Street in Bangor, Maine with a single family residence and attached garage; and WHEREAS, Grantee's garage does not meet the setback requirement of the City of Bangor's Land Development Code along the Gmy Street, and WHEREAS, (hantee require an easement from Gravtor to be in compliance with the City of Bangor's Land Development Code along the Gray Street; NOW THEREFORE, for consideration paid by Grantee to Gramor and in consideration of the covenants and agreements hereinafter set forth, ted parries hereto, for themselves and their successors and assigns, agree as follows: 1. (donator does hereby grant to Grantee, subject to the terms and conditions hereunder sed forth, an easement to use for the purpose of meeting the City of Bangor's Land Development Code setback requirements the premises described as follows, to wit: See Exhibit A attached hereto and incorporated by reference herein. 2. Grantor does not warrant title to the aforedescribed premises in which the foregoing easement is granted and does not undertake to defend Grantees in the peaceable enjoyment 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 hunts, its streets, sidewalks, drainage structures and ditches, sewer lines and water Ives, in, upon, along or across any or all pans of Grantor's (dory Street right-of-way adjacent to the moredescribed premises, all or my of which may be freely done at any time or times by Gramnn its employees, agents, or mccessms, without liability to Grantee or to anyone else for compensation or damage. Grano do forever refese Grantor from all claims or demands which Grentee, its successors and assigns, may have or hereafter acquire against Grantor by reason of or on 98-55 amount of my injury susUined to the aforementioned premises or any improvements thereon, of my nature wdats=ver, on acmunt of Granter's right to use said premises. 4. No billboards, signs, handbills, posters, advertising materials, of any kind shall be erected, displayed, placed or maintained upon the subject premises. S. Granter shall repair, at its sole expense, my damage to structs or public utilities arising @ore the exercise of its rights under this easement. 6. The rights conferred hereby shall be the privilege of the Grantee and its successors only, and no assignment or transfer hereof shall be made, or other use be permitted than for the purpose stared herein without the prior written consent of the Grantor. y. This easement shall terminate in the event that Grant= or its successors no longer need the subject premises for tee purpose of meeting the setback requirements of the City of Burger's Land Development Code. 8. Failure on the part of Grantor to complain of my action or non -action of Gromm no matter how long the same may continue, shall never be deemed a waiver by Gunnar of my of its rights hereunder. 9. This easement shall be binding upon the successors, wi mh, lessens, licensees, and assigns of Counter owd Grant= for as long as it remains in full fence and effect. IN WITNESS WHEREOF, the City ofBangor has caused this instrument to be executed, acknowledged, and delivered in its name and behalf by Edward A. Barrett, its City Manager, thereinto duly authorized, and Martin's Country Homes, Inc., (bounce herein, have caused this instrument er executed, acknowledged and delivered, by an officer of said corporation, duty authorized.. CITY OF BANGOR Witness Edward A. Barrett Its City Manager MARTIN'S COUNTRY HOMES, INC. Witness Name: Title: STATE OF MAINE PENOBSCOT, ss '1997 Then personally appeared the above-named Edward A. Barrett, City Manager, and acknowledged the foregoing instnwent to be his free set and deed in his said capacity, and the free act and deed of the body corporate. Before me, NotaryPublio'Anomey STATE OF MAINE PENOBSCOT,m Than personally appeared the above-named of Martin's Country Homes, hot. and acknowledged the foregoing hertmment to be his free act and deed in his said capacity, and the free act and dead of said corporation Before me, Notary Public/Attorney Gmy St. Easement A certain lot or parcel of land situated in the City of Bangor, County ofPenobscoc, State of Maine, bounded and described as fogows: a five foot strip of land northerly of and adjacent to a parcel of land described in a dead from Amy E Stather to Martin's Courdry Homes, hw. dated Oct. 24, 1997 and recorded in the Penobscot County Registry of Deeds in Vol, 6525, Pg. 112; said five foot strip to wand from the northwest corner of said Martin's Century Homes, Inc, by and along the south aide of Gray Stas shown on Plan Book 3, Pg. 99 recorded in the City Engineers Odea, to the nonbean comer of and Martin's Country Homes, Inc.