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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