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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 - 3 -