HomeMy WebLinkAbout1998-05-27 98-222 ORDERCouncil Action
Date r'ray 27, 1998 Item No.98-222
Item/Subjech Authorizing City Manager to Execute Easement to Charles and Suzanne Kermit
Responsible Department Community and Economic Development -Code Enforcement Division
Charles and Suzanne Kerndtars the owners of a single-family home at 21 Glencove Avenue. The
home was completed in May 1988. In the process of selling the home this spring the mortgage
loan instpectionevealed that a xxtion of the structure was constructed in the setback
Encroachment is estimated to be 34 feet There is ample room between the paved portion of
Glencove Avenue and the front property, line so that this easement will not effect the City.
Code t5ybrcement Officer
Manager's Comments: Gfto.
Associated lnfarmation: O JjA•j9jtjun&j!VVLqI
Fmmsce Director
Legal Approval:
uced For
passage
_ first Reading
Referral
Assell to Cmmm«Aube May 27. 1998
CITY OF BANGOR
aims OffiTDHCy.-......_Authorizing City Manager to Execute Easement to Charles
and Suzanne Ksmc t (Portion of Tax Map 6011 ., Lot 141)
By tM City Couneil of lFa Oily ofBasoor.
ORDERED,
THAT the City Manager is hereby authorized, on behalf of the City of Bangor, to
execute and deliver a certain easement deed to Charles and Suzanne Ksmdt 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.
IP CITY COUNCIL
may, 27, 1998
Passed
CIT CLM
98-222
ORDER
Title, Authorizing City Manager to
gxecuta Casement to Charles and Suzanne
Keendt (Partin of Tae Map 60, Lot 141)
..................................
.................. ��.//''............ .....
N.
Aeaip�ed w
�,� � ^ Councilman
Easement made this day of 1998 by and
between the City of Bangor (hereinafter refemed as to Grantor) a municipal corporation
located in Bangor, Penobscot County, Maine and Charles and Suzanne Kemdt,
Bangor, Maine (hereinafter referred to as Grantee).
WHEREAS, Grantor is the owner of Glencove Avenue right-of-way; and
WHEREAS, Grantee has developed a certain lot or parcel of land on Glencove
Avenue in Bangor, Maine with a single family residence; and
WHEREAS, Grantee's structure does not meet the setback requirement of the
City of Bangor's Land Development Code along Glencove Avenue, and
WHEREAS, Games require an easement from Grantor to be in compliance
with the City of Ban9ors Land Development Code along Gkncove Avenue,
NOW THEREFORE, for consideration paid by Gramee to Grantor and in
consideration of the covenants 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, 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 fine 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 future, its streets, sidewalks,
drainage structures and ditches, sewer lines and water lines, in, upon, along or across
any or all pans of Grantor's Glencove Avenue right-of-way adjacent to the
aforedescribed premises, all or any of which may be freely tion 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 memon, of any nature whatsoever,
on account of Grantee's right to use said premises.
98-222
4. No billboards, signs, handbills, posters, advertising materials, of any kind
shall be erected, displayed, placed or maintained upon the subject premises.
S. Grantee shall repair, at its sole expense, any damage to streets or public
utilities arising from the exercise of its right 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 nonaction of
Grantee no matter how 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 Me 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 behaff by Edward A. Barrett,
its City Manager, thereunto duly authorized, and Charles and Suzanne Kemdt,
Grantee herein, have cause this instrument M be executed, acknowledged and
delivered, by an officer of said corporation, duly authorized.
CITY OF BANGOR
Witness Edward A. Barre
Its City Manager
Witness
Charles and Suzanne Kemdt
Name:
98-222
STATE OF MAINE
PENOBSCOT, ss ,1998
Then personally appeared the above-named Edward A. Barrett, City Manager,
and acknowledged Me foregoing instrument to be his free act and deed in his said
capacity, and the free act and dead of said body corporate.
Before me,
Notary Public/Attorney
STATE OF MAINE
PENOBSCOT, as
Then personally appeared the above-named
and acknowledged the foregoing instrument to be his free act and deed in his said
capacity, and the free ad and deed of said corporation.
Before me,
Notary PubliGAttorney
PG228
qL
UR UU6
ASSESS L. MRNGOLT and PERU P. WEREAOLTr husband and wife,
both of Bangor, Penobecot County, Maine, for conaiae[ation paid,
Brant to CtlARLE6 T. 68R@VT and SUZANNE M. MEET, of Bangor, to
Penobscot County, Maine, as joint tenants, with Re vena' ,
A certain lot at parcel of land situated an La °' cording
hountled end denc[ibed a follwar via: Being Wt Noon. Clr
pp [soar
to a pl an of laW ani vecd lLca Development 9 ]9`in`eawp <i 8�
AM Pena.w d. sh," o arc
Mcot County Registry of Deeds.
This conveyance IsaMade
restriiictions as described in following;an ent
(11 Bu ildiry us ea t Vol. 1696, Page 190, Bald eg ie[[y
r me ocded Seep<e tea 3]. le ee etafn a9 [acme'[ be Mean Mas"awn
of beeasr rWetl by date
uIRA 6,
v a lopmea ana Arnold Pep MeV L. 30591 s Be 0 RJ� (2 eBVMe[gas
und
so otded in
as is Reg lat[Y a a701
utility a ant 11 sale Fo New Bng Ian
Te lap seam
io ea id @e91a or
y aC
bol to 3] 33�Pt9 salt 131e�[mB, t19]S. Md to 'n9o[ tlyd[o-61ee[[ie
Cuapapy as pet inatcunent da PoM Peptewbe[ ]0. 1916, M [eco [sed in
gar
as d ag iat[y at o1. 26N• 9e 3].
door
In addition to the rest
to is ti a na hes efMef are 3cf16 [etl t Dow tAia
nvey ansa La vada eubj ee[ to tM following ee et[ of le 6a`than
one
111 No building aha 11 be each ted on ea id lo[ t e less
[J 0,000. e0 exc lu a ave of lead sed upon conk levels `hevme,n upon
Le date o[ this deed: Ill The
r ound flan[ saes of the
ma less
at[uct or
e, axe usive of one of set faro apoachmZO [Y dwellin9rn no
A
[ be less [h an 130 clears
cand
hase 900 sgtare fe a 13f o[ and 111 ben confide[adt to nbe a ones a to ry A
tlxe111n to eo ca ed a e n ay
Of title reference may be boo to the deed
Of %"For dl. naG t.1oPout<sCorporeuon recorded m said Registry.
volume 3835, Page 19. o be prorated
Subject to taxes for the octant eaxai year, t
L local the parties hereto a6 of the date of delivery of this dead.
Muneea our moss dna seals this lam
say of Nmtl: , lga].
Miasmas. Yh
/ ge uD. o,nell t
Earn 1.
,n [W fyeTaKe[]v 9a FY' o
STATE or MINE
Penobscot, personally
as.
py[p; 10 , 1907
na lth apk orad the stove named be his L aunt sum
le
ack nowleLged Le fo[goin9 L's tc omen[ to M his freenact Old ds ed.
l d.L
lead -
Before rte, Notary Fvbhc
Tup88. Na'Aa (TYM/P[int signature SEAL
By a[a; 5/189
R{yp89COf. SS. AEC.D MPR 19 07/ A 13M PA _11 1
Ea-/I/l i
98-222
SQQ
dz�sr5