HomeMy WebLinkAbout1998-07-13 98-278 RESOLVECOUNCIL ACTION
item NO. ax-Dx
Date July 13. 1998
Item/Subject: Ratifying Execution and Delivery of Quitclaim Deed
with Covenant -- Real Estate Located on Banair Road
Responsible Department: Legal
Commentary:
On September 8, 1997 the City of Bangor conveyed Lot 15 in the
Banair subdivision to Cargex Bangor Limited Partnership. The City
granted an easement for Banair Road and for utilities. The City
retained a 30 foot drainage easement, 15 feet on Lot 15 and 15 feet
n the abutting lot, Lot 16. This easement makes clear that Cargex
Bangor Limited Partnership has a drainage easement for the entire
30 foot width.
Associated Information: Resolve, Deed
Department Read
City Nan�e
CityS ci tory cifor
Introduced For Consent Agenda
X Passage
First Reading
Referral Page 1 of 4
Assigned to Councilor Baldacci 98-378
July 13, 1998
CITY OF BANGOR
Ratifying Execution and Delivery of Quitclaim
(TITLE)¢SOItt2�_...... ...... ..... _..._.._..._..._.6_66_6._....... _... ..... ..... ....... ._..._.......... 6_..6 ... 66
Deed with Covenant -- Real Estate Located on Banaii Road
By 4ie Coy Lbuwi! o/Ge IXtY NBaMOrr:
7Z
THAT the actions of the City Manager in executing and
delivering a quitclaim deed with covenant, conveying anas ement to
Cargex Bangor Limited Partnership, is hereby ratified and
confirmed.
A copy of the deed is attached to this Resolve and is
incorporated herein by reference
IN CITY COUNCIL
July 13, 1998
Passed
OL
6LEPK
98-278
R E S O L V E
Ratif 1 Execution and ad
Delivery of
Quitclaim D d Jae Covenant - Raa Eeta[e
ocated �lt
98-378
QUITCLAUd DEED WITH COVENANT
THE CITY OF BANGOR a municipal corporation orgaeired and coating under
and by virtue of she laws of the State of Maine and situated O Bangor, Penobscot County,
Maine, as Grantor, for consideration paid, the receipt of which is hereby acknowledged,
grants to CARGEX BANGOR LIMITED PARTNERSHIP, a Delaware limited partnership
with a mailing address of 49 Atlantic Place, South Portland, Cumberland County, Maine,
as Gmnhe, wish Quitclaim Covenant, the land in Bangor, Penobscot County, Maine, more
particularly described as follows:
An comment for drainage over a strip of land 15 feet in width, more particularly
described below, and the right to maintain drainage pip" therein and to discharge storm
water therefrom across the roadway known as Banair Read and into a pond on land of the
grantor acmes said Banair Road. The 15 -foot strip of land is located in Bangor, Penobscot
County, Maine and Ito contiguous to and on the southeasterly side of Or common
boundary between Lot 15 and Lot 16, which lob are shown on a certain Pian
identified as Banair Industrial Park- Phase 2 as recorded in Map File 1997-48, Penobscot
Registry of Deeds. The aforesaid boundary is a line described as follows: beginning at an
on bolt marking a comer of Lot 16, and the southeasterly comer of Lot 15 on the
aforesaid Plan, thence proceeding N 3008'59" E a distance of ran hundred fifty four and
seventy four hundredths (254./6') fat to an iron bolt marking the easterly comer of Lot 15
as shown on said Plan, said iron bolt being set in the westerly sideline of Bamair Road. Lot
15 is now owned by Cargex Bangor Limited Partnership, by its dead from City of Bangor,
dated September 9, 1997, Volume 6483, Page 5, and Lot 16 is currently owned by the City
of Bangor. This easement is intended to be appurtenant to Lot 15 and to vest in the
grantee the full right to use for drainage from Lot 15 the entire 30' wide drainage eoemeat
area shown on @e aforesaid Plan, in common with the own" of Lot IC
There is specifically erupted and reserved from this converse" to the City of
Bangor, its successors and assigns, the same emements and rights which were reserved in
its Quitclaim with Covenant steed dated September 9, 1997, Volume 6483, Page 5, and the
Grantee mpreoly agrees for itself, in successors and assigns to the some three agreements,
. as all are more fully set forth in the above doer and incorporated hmein by reference in
their entirety.
The above-described casement area is a portion of the land conveyed by the United
States of America to City of Bangor, dated December 13, 1979, Volume 2940, Page 172, and
is also a potion of the same land funk" serried by the United Staten of America to the
City of Bangor, by Release Deed dated October 25,198& Volume 4569, Page 188, and by
Corrective Deed of Release from the United Sbtes of America to City of Bangor, dated July
1991, and recorded in Volume 6454, Page 305.
The City of Bangor further grants to the grautee, its successors and assigns, to serve
Lot No. 15 as shown on said Plan, a right of wry for all purposes for which a public mad is
used over the portion of the 80' wide Banair Read as depicted on the above refaced to Plan
98-278
from the most northerly end of Ne prcseody paved portion thereof southedy to its
intersection with Route 2 to allow passage on and over said Bamsir Bond by foot, vehicular,
and construction -equipment traffic until such Mme m such portion of said Banair Read has
been accepted by the City of Bangor u a public way.
The City of Bangor agrees to gnat on, over, and under said Ranair Road such
utdity casements as electric, water, and sewer to permit construction of such utility services
deemed necessary by the Gmntm for the construction of its contemplated improvements
proposed for Lot 15.
IN WITNESS WHEREOF, the said CITY OF BANGOR has "used this instrument
to be sealed with its corporate seal and signed in its corporate name by EDWARD A.
BARRETT, City Manager, thereunto duly authorized, this 'Z. A day of July,1998.
Cy�/f�JYOF�BANG/OR
clh.P, aJ
(By) / kAY�
Wilq se Edward A. Barred
(�
In City Manager
STATE OF MAINE
PENOBSCOT, ss. July --2, 1998
Then personally appeared the above-named EDWARD A. BARRETT, City
Manager, and acknowledged the foregoing instrument to be his Erre act and deed in his
said rapacity, and the free act and tlad of saidBefore me,
It -Law
lO.nc., f. Nz,'rsnu.w ly