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.