HomeMy WebLinkAbout1998-03-11 98-129 ORDERCOUNCIL ACTION
Item No. 98-129
Item/Subject: Authorizing City Manager to Execute Corrective
Easement to Martin's Country Homes, Inc.
Responsible Department: Legal
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 setback requirements of the Land
Development Code by approximately four feet. Council Order #98-55
passed by the Council in December, 1997, authorized the City
Manager to execute an easement deed. The easement deed was
corded in the Penobscot Registry of Deeds on February 20, 1998,
in Book 6603, Page 256. Grantee recorded the easement without the
exhibit. Also the easement implies that consent of the City is
required for transfer and this would prevent the execution of a
mortgage. The corrective easement corrects these problems.
_��
Depar�ad VV
Manager's Comments: -„_ /�� rz:�
City Manager
Associated Information: Corrective Easement
Budget Approval:
Finance Director
OUA q111
City Solicitor
Introduced For CONSENT AGENDA
X Passage
First Reading
Referral Page 1 of 6
98-129
Auign dto Gamailot Tyler March 11, 1998
Eu CITY OF BANGOR
Authorizing City Manager to Execute Corrective
(TITLE.) (00fT, .... I-- --- I....... _...._. _...
Easement to Martin's Country Homes, Inc. (Portion of Tax Map
2, Lot 68)
BY the City CouncU of Me Cur of Ba --
ORDERED,
T the City Manager is hereby authorized, on behalf of
the City Hof Bangor, to execute and deliver a certain corrective
easement a
deed to Martin's Country Homes, Inc. granting an easement
forthe purpose of meeting setback requirements. A copy of said
corrective easement deed is attached to this order and is
incorporated herein by reference.
IN CITY COONCIL
North 11, 1998
Passed
TY CLEAT
98-129
ORDER
Title, Autfiorizing CSry Manager to
Execute Corrective Easement to Martin's
Countryuomee. Inn (Porelon o£ Tax Map
2:'t6f'68)..................
.....................................I
a.'vj o
Maiped to
Cwncllman
98-129
Easement made this day of March, 1998 by and between
the City of Bangor (hereinafter referred to as Grantor), a
municipal corporation located in Bangor, Penobscot County, Maine
and Martin's Country Homes, Inc., of Mechanic Falls, Androscoggin
County, Maine (hereinafter referred to as Grantee).
WHEREAS, Grantor is the owner of Gray Street right-of-way;
and
WHEREAS, Grantee has developed a certain lot or parcel of
land on Gray 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
Gray Street; and
WHEREAS, Grantor conveyed a previous easement to Grantee
recorded in Penobscot County Registry of Deeds in Book 6603, Page
256, which implies that any transfer or assignment of said easement
requires written consent of the Grantor and it is not Grantor's
intent to require such consent,
NOW, THEREFORE, for consideration paid by Grantee to Grantor
and in consideration of the c ants and agreements hereinafter
set forth, the parties hereto, for themselves and their successors
and assigns, agree as follows;
1. Grantor does hereby grant to Grantee, its successors and
signs, subject to the terms and conditions hereinafter set 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 Grantee in the peaceable enjoyment thereof.
3. Grantor retains the right to construct, m intain, 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 lines, in, upon,
along or across any orall parts of Grantor's Gray Street
right-of-way adjacentto 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 Grantee or
to anyone else for compensation or damage. Grantee does forever
release Grantor from all claims or demands which Grantee, its
successors and assigns, may have or hereafter acquire against
Grantor by reason of or on account of any injury sustained to the
aforementioned premises or any improvements thereon, of any nature
whatsoever, on account of Grantee's right to use said premises.
4. No billboards, signs, handbills, posters, or advertising
materials of any kind shall be erected, 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
rights under this easement.
6. This easement shall terminate in the event that Grantee
or its successors no longer need the subject premises for the
purpose of meeting the setback requirements of the City of Bangor's
Land Development Code.
7. Failure on the part of Grantor to complain of any action
or non -action of Grantee no matter now long the same may continue,
shall never be deemed a waiver by Grantor of any of its rights
hereunder.
8. This easement shall be binding upon the successors,
tenants, lessees, licensees, and assigns of Grantor and Grantee for
as long as it remains in full force and effect.
IN WITNESS WHEREOF, the City of Bangor has caused this
instrument to be executed, acknowledged and delivered in its name
and behalf by Edward A. Barrett, its City Manager, thereunto duly
authorized, and Martin's Country Hames, Inc., Grantee herein, has
caused this instrument to be executed, acknowledged and delivered,
by an officer of said corporation, duly authorized.
CITY OF BANGOR
Witness Edward A. Barrett
Its City Manager
MARTIN'S COUNTRY HOMES, INC.
Name:
Title:
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 five foot strip of land northerly Of and ad3acent to a
parcel of land described in a deed from Amy E. Bracher to
Martin's Country Homes, Inc. dated October 29, 1999 and
recorded in the Penobscot County Registry of Deeds in Volume
6525, Page 112: said five foot strip to extent from the
northwest corner of said Martin's Country Homes, Inc. by and
along the south side of Gray Street as shown on Plan Book 3,
Page 99 recorded in the City Engineer's Office, to the
northeast corner of said Martin's Country Homes, Inc.