HomeMy WebLinkAbout1995-07-10 95-312 ORDERCOUNCIL ACTION
Item No. 95-312
Date .July 10. 1995
Item/Subject: Authorizing City Manager to Execute a Release Deed to
Maine Department of Transportation -- Bulleeye Bridge Project
Responsible Department: Legal
Commentary: On May 22, 1995, by C.O. 95-230, the City Council
authorized the City Manager to execute a deed releasing title to
portions of the stream bed of the Kenduskeag Stream adjacent to
Bulleeye Bridge to the State of Maine Department of Transportation,
to resolve a title dispute arising out of the State's 1990-91
Bulleeye Bridge replacement project. MOOT recently requested a
deed confirming its previous taking of a small uplands parcel (175
square feet) plus slope and drainage a ents i connection with
e
that project. These takings w not inen
dispute and the City
accepted compensation for themseveral years ago. The attached
Council Order would authorize execution and delivery of the
requested deed. A $60.00 deed preparation fee will be charged.
(This is our normal $70 fee minus recording costa.)
I recommend your approval.
Department Head
Manager's Comments:
City Manager
Associated Information: Order, Release Deed
Finance Director
_t�city solicitor
Introduced For
Passage
First Reading
Referral (Muni Opus) Page of
95-312
Anigned to CouneJs. Frankel July 10, 1995
pp CITY OF BANGOR
(TITLE.) MrulT . Authorizing City Manager to Execute a Release Deed
to Maine Department of Transportation -- Bu119eye Bridge Project
By the OUR Ceanes Of de My da..w.:
ORDERED.
MT The City Manager is hereby authorized, on behalf of
the City of Bangor, to execute and deliver to theStateof Maine
Department of Transportation, a Release Deed and EasemenC, in a
form substantially similar to the deed attached hereto, confirming
the Department of Transportation's previous acquisition of certain
land and easements from the City of Bangor in connection with the
.DOT's 1990-91 "Bullseye Bridge" project, Federal Aid Project no.
BR -153](1). _
in City Council July 10, 1995
SPassed
i y C6 levW
95-312
0RDCR
Title,
Autbo[izing City Manage[ to ExeCute
Transportation - Bullseyeine'ae;aagea
......oxtati.. - Bu...... Bridge Project,....
.........'af.,G.�.��. �. /1..........�..........
3 Au,gnz. to "
....... ....
.Councilman
95-312
The CITY OF BANGOR, a municipal corporation organized and
existing under and by virtue of the laws of the State of Maine and
located in Penobscot County, Maine, as Grantor, in consideration of
Two Hundred Dollars ($200.00), receipt of which is hereby
acknowledged, releases to the STATE OF MAINE, DEPARTMENT OF
TRANSPORTATION, as Grantee, the land in Bangor, Penobscot County,
Maine, described as follows;
A portion of parcel number 3, consisting of
175 square feet of uplands lying on the
westerly side of Kenduskeag Stream in said
Bangor, adjacent to the "Bullaeye Bridge,"
so-called, and depicted in sheet number i of 2
of a right-of-way plan titled ^Bullaeye Bridge
Over Kenduekeag River" Federal Aid Project No.
BR -1537(1), dated July, 1989, the original of
said plan being on file in the offices of the
Chief Engineer, Maine Department of
Transportation, in O.O.T. file number 10-332.
EXCEPTING AND RESERVING from the
above-described parcel all public sewer
easements e
and sewer linea owned or held by the
City of Bangor, to the extent the same have
not been previously acquired by theGrantee.
The purpose of this deed is to release any right, title and
interest of the Grantor in and to the above-described parcel a
previously acquired by the Grantee pursuant to a "Notice of Layout
and Taking" dated January 31, 1990 in connection with Federal Aid
Project No. BR -1537(1).
Grantor further grants to the Grantee two separate easements
over additional portions of said parcel number 3 as depicted in
sheet number 1 of said right-of-way plan, the portions of said
parcel number 3 affected by the easements herein granted containing
0.06} a The easements herein granted consist of the
g
followins
1. Slone and Toe of Slone Ditch Easement.
The right to enter, clear, grub and/or construct, and maintain
slopes and toe of elope ditches and to flow water through and
along ditches as long as they are necessary for highway
95-312
purposes, within the portion of said parcel number 3 depicted
on said sheet number 1 to the right of the baseline from
station 4+60 to station 6+98.
2. Drainage Rinhte.
The perpetual right to flow water through, over and across the
portion of said parcel number 3 depicted in said sheet number
1 to the right of the baseline from station number 6+92
easterly.
IN WITNESS WHEREOF,the said CITY OF BANGOR has caused 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
day of _, 1995.
Signed, Sealed and Delivered
In the Presence of CITY OF BANGOR
STATE OF MAINE
PENOBSCOT, as.
BY
Edward A. Barrett
City Manager
1995
Then personally appeared the above-named EDWARD A. BARRETT,
City Manager, and acknowledged the foregoing instrument to be his
free act and deed in his said capacity, and the free act and deed
of said body corporate.
Before me,
Notary Public/Attorney-at-Law
Printed name.