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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.