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HomeMy WebLinkAbout1996-05-13 96-209 RESOLVECOUNCIL ACTION
Item No. 96-209
Date May 13, 1996
Item/Subject: Resolve, Ratifying City Manager's Execution of
Release Used to RedRob Associates, Ltd
[Lot #19 -- Bangor Mall]
Responsible Department: Legal
In connection with a planned development of lot no. 19 at Bangor
Mall, it has become necessary to relocate an existing deeded sewer
easement originally granted to the City of Bangor by Banmak
Associates in December, 1977. The attached Council Resolve would
ratify the City Manager's execution of a release deed extinguishing
the 19]] sewer easement across lot no. 19. In exchange, the City
will receive a replacement easement at the location described in
the unsigned easement deed attached. The exchange of easement
locations has been reviewed by the City Engineer's office, which
has approved the proposed relocation.
Department �Head f�
ASSOCiated Information: Resolve, Deed, Draft Easement
Budget Approval: -
Finance Director
Legal Approval:
City Solicitor
Introduced For CONSENT AGENDA
Passage
First Reading
Referral Page 1 of _
Deed to RedRob Associates, Ltd (Lot b19 - Bangor Mall)
By W CIN Comdl of W LYN ofBaapor:
B LVBD, the action of the City Manager in executing and
delivering a release deed to RedRob Associates, Inc., releasing an
easement previously granted by Banner Associates to the City of
Bangor across lot no. 19, Bangor Mall, is hereby ratified and
onfirmed A copy of the release deed concerned is attached to
this Resolve and is incorporated herein by reference.
Assigned to Councilor Sullivan
:"n May 13, 1996 96-�09
_ CITY
OF
BANGOR
�y
City Manager's Execution of Release
(TITLE)
MRatifying
ECSOlUt.. ..._..........
.... ... _.........
_.._............. _........ ........_...... ..... .._.._.._.
Deed to RedRob Associates, Ltd (Lot b19 - Bangor Mall)
By W CIN Comdl of W LYN ofBaapor:
B LVBD, the action of the City Manager in executing and
delivering a release deed to RedRob Associates, Inc., releasing an
easement previously granted by Banner Associates to the City of
Bangor across lot no. 19, Bangor Mall, is hereby ratified and
onfirmed A copy of the release deed concerned is attached to
this Resolve and is incorporated herein by reference.
IN CITY COUNCIL 11 96-209
MAY 13, 1996
P E E S 0 L V E
In CUMRatifying City Manages's Execution
1 of Release Deed to RedRob Associates,
LTD (Lot #19 - Bangor Mall)
awl .r
V'V
96-209
RELEASE DEED
The CITY OF BANGOR, a municipal corporation located in
the County of Penobscot, State of Maine, for consideration paid,
releases to REDROB ASSOCIATES, LTD., AN OHIO LIMITED LIABILITY
COMPANY, with a place of business at 1765 Merriman Road, Akron,
Ohio, any and all right, title or interest acquired by virtue of
the easement granted by Banmak Associates to the City of Bangor,
dated December 30,-1977, and recorded in said Registry in Book
2826, Page 356, and not otherwise, in and to certain land in
Bangor, Penobscot County, Maine, depicted as Lot 19 on the plan
entitled "Revised Subdivision Plan of Lot 19 6 16A, Bangor Mall",
by Plisga 6 Day, Land Surveyors, dated September 22, 1989, and
recorded in Penobscot County Registry of Deeds in Map File D92-
91, This release does not affect any other rights or easements
granted to the City of Bangor by other instruments and the City
Of Bangor expressly retains all rights granted by Banmak
Associates to the City Of Bangor by instrument, dated October 13,
1987, and recorded in said Registry in Book 4123, Page 320.
IN WITNESS WHEREOF the City Of Bangor has caused this
instrument to be executed as an instrument under seal this 1912
day of Ago , 1996
WITNESS CITY
/M�yCITYY OF BANGOR �,\�'[/
..�"''' WUIYw, ay Ryl-CCWbVX (..f C!/YIN,�-tl
its City Manager
Hereunto duly authorized
96-209
STATE OF MAINE 4^l/� �� 1996
PENOBSCOT, ss. Apr;
Then personally appeared the above-named Ed�'Vf A. A�lRyt
in his/.hetes said capacity and acknowledged the foregoing
instrument to be his{har free act and deed and the free act and
deed of the City of Bangor.
Before me,
��-Naha'ri' � rn�rya u
Typed or printed name of notary Pik /1 Skmg2e1�
EASEMENT DEED
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED
STATES, a New York corporation, with an address at 787 7th
Avenue, New York, New York, and BANGOR ASSOCIATES, a Pennsylvania
limited partnership, with an address at 234 Goddard Boulevard,
King of Prussia, Pennsylvania, for consideration paid, grant to
the CITY OF BANGOR, a municipal corporation located in the County
of Penobscot, State of Maine, its successors
essors and assigns forever,
subject to the restrictions containedherein, the full right and
privilege to excavate for, install, replace, maintain, and use an
underground sanitary sewer and appurtenant structures thereto,
over, under and across a portion of the land in Bangor,
Penobscot County, Maine conveyed to The Equitable Life Assurance
Society of the United States and Bangor Associates (the
Grantors), by deed from Bammak Associates dated August 25, 1988,
corded in Penobscot Registry of Deeds in Book 4304, Page 67,
being a twenty (20) foot wide easement lying ten (10) feet on
either side of the following described centerline:
Beginning at a point on the northeasterly
boundary line of Lot 19 as depicted on a plan
entitled 'Revised Subdivision Plan of
Lot 19 s 16A, Bangor Mall for annuals
Associates' which plan is recorded at the
Penobscot Registry of Deeds in Map File D92-
91, said point of beginning is reached by
traversing along the following courses and
distances to the true point of beginning of.
said 20 foot wide sewer line easement:
Starting at a rod set on the northeasterly
aide of Bangor Mall Boulevard which iron rod
defines the most southerly corner of said
Lot 19, as shown on said subdivision plan
recorded in Map File D92-91; thence North 470
-17' -40° East by and along the southeasterly
line of said Lot 19, a. distance of 295.47 feet
to a corner of said lot) thence North SOB -00'
-OO" west by and along the northeasterly line
of said Lot 19 a distance of 275.00 feet to an
iron rod set at an angle point in said line;
thence North 260 -00' -48" west continuing
along the northeasterly line of said Lot 19 a
distance of 57.08 feet to a point on said
line, which point is the point of beginning of
the centerline of the 20 foot wide sewer line
herein described;
thence South 430 -21' -42" East by and along
the centerline of said 20 foot wide sewer line
cement a distance of 107 feet, more or less,
to the northeasterly limit of an existing 20
foot wide easement granted by Banmak
96-209
Associates to the City of Bangor by dead of
easement, dated October 13, 1987, and recorded
at the Penobscot Registry of Deeds in
volume 4123, Page 320.
Meaning and intending to convey and hereby
conveying an easement for the above described
purposes with respect to a strip of land the
northwesterly boundary of which is contiguous
with the northeasterly boundary of said Lot 19
and the southeasterly boundary of which is
contiguous with the northeasterly limits of
the above referenced easement granted by
Banmak Associates to the City of Bangor.
The foregoing description was prepared by Plisga 6 Day,
Land Surveyors, dated March 28, 1996.
The Grantee, its successors and assigns, by its
acceptance of the rights and privileges hereby conveyed, agrees
that after each entry upon said premises for the aforesaid
purposes, it will promptly restore the surface of the premises as
nearly as practicable to the same condition as prior to such
entry and shall use its reasonable best efforts not to cause any
inconvenience, loss of business or other disturbance arising from
the exercise of its rights hereunder.
As further consideration for the above described rights
and easements, the Grantors, their successors and assigns, may
enter the sewer without charge, but nothing herein shall be
construed to except the Grantors, their successors or assigns,
from payment of sewer user fees, sewer assessments, or street
opening charges.
The Grantors agree for themselves and their successors
and assigns that no trees, shrubs or permanent buildings will be
placed within ten (10) feet from the centerline of the sewer as
described above, but that Grantors shall otherwise have full use
and enjoyment of their property.
IN WITNESS WHEREOF the Grantors have caused this
instrument to be executed as an instrument under seal this
day of , 1996.
WITNESS THE EQUITABLE LIFE ASSURANCE
SOCIETY OF THE UNITED STATES
its
Hereunto duly authorized
2 -
96-209
BANGOR ASSOCIATES
BY: KRAVCO INC.
GENERAL PARTNER
its
Hereunto duly authorized
BY:
HAROLD G. SCHAEFFER
GENERAL PARTNER
Hereunto duly authorised
STATE OF , 1996
Then personally appeared the above-named
and acknowledged the foregoing instrument to be hie/her free act
and deed in his/her said capacity and the free act and deed of
Bangor Associates.
Before me,
Typed or printed name of
STATE OF
Notary Public
1996
, 66.
Then personally appeared the above-named
and acknowledged the foregoing instrument to be his/her free act
and deed in his/her said capacity and the free act and deed of
The Equitable Life Assurance society of the United States.
Before me,
Notary Public
Typed or printed name of
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