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HomeMy WebLinkAbout1994-06-13 94-257 ORDER9'+-257 COUNCIL ACTION s Item No. Date June 13, 1994 Item/Subject: Accepting Easement Deed from Bangor Airport Mall Trust to City of Bangor -- Land Adjacent to Union Street Responsible Department: Legal In 1993, the Trustees of the Bangor Airport Nall obtained City site plan approval for a reconstruction of the Mall's existing parking lot. As part of that project, the Mall's entrances onto Union Street were realigned, necessitating a relocation of the existing traffic signal at the Mall's main entrance. Due to the realignment and signal relocation, it became necessary to relocate a signal pole to land located outside the public right of way. The attached Order would accept dedication of a 20' x 35' easement from the Trustees of the Bangor Airport Nall Trust, to permit the City to operate and maintain the relocated pole and supporting structures in their new location. Associated Information: Easement Deed Budget Approval: Finance Director Legal Approval: �)- City solicitor x Passage First Reading Referral Page 1 of 5 w Department Head Manager's Comments: Associated Information: Easement Deed Budget Approval: Finance Director Legal Approval: �)- City solicitor x Passage First Reading Referral Page 1 of 5 9L-254 Anipmdto Coundor Stone June 13, 1994 i CITY OF BANGOR Accept11 ing Ba11 sement Deetl from Bangor Airpo11 rt 11 11 1. Mall Trust to City of Bangor -- Land Adjacent to Union Street By Mw City Cm uait Waw CUP ofBu gmr. ORDBB®e TEAT the City of Bangor hereby accepts the dedication of a 20' x'35' easement located on the northeasterly side of Union , Street, as described in the Easement Deed from Sidney Epstein and Albert L. Manley as Trustees of the Bangor Airport Mall Trust, dated November 2, 1993, a copy of said Easement Deed being attached to this Order and incorporated herein by reference. Said easement is accepted for the purposes stated in the Basement Deed referenced above. 94-259 ORDER Title, In City Council June 13 1994 Accepting Easement Beed from Bangor Airport Passed ...................................... Mall Treat to City of Bangor -- land adjacent l to Union Street C ty Cler ......��. �...�.qA/. //�.�. ^......... ...... ZyUl6/ .. Assigned to Councilman 14ANTIARGET An. a 04112 4 05-12-9a 01:33PM =1 tt4 S -25Y J. 314A 3:iFM P 2 PRTE W. GiT2251590 SIDNEY EPSTEIN and ALBERT L. MANLEY, Trustees of Bail9or`AirpbPt Nall Trust, under Declaration Of Trust, dated octoher 1. 1982, whose wiling address Is P,O. BOX 2400, 8auger, Maine, 04402-2400, as Grantor, for consideration paid, grants to the CITY OF BANGOR, a municipal corporation organized and existing under and by virtue of the laws of she State of Maine and located in Bangor, Penobscot County,. Maine, its successors and assigns, as Grantee, a perpetual nsweent and right to enter seen Ne land Of the Grantor situated in Bangor, Penobscot County, Maine described as follows: An Aasament twenty (20) fact Wide lying ten (10) feet on each side of the following described line: d Bearings heroin are oriented to the bearing an below Street in Ne description recorded in Volume 3211, Page 203. Being a portion of the land described in deed free Evelyn G. Berenson and David B. Greenberg, personal representatives of the Estate of Theodore M. Sorenson to Sidney Epstein and Joel B. Wilder, Trustees of Danger- AIMOrt Mall Trust, dated August 26, 1905, retarded in Penobscot Registry of needs Voluw 3211, Page 203. The foregoing description was prepared by Richard N. Perry, Jr., PLS 11058, dated September 28, 1993. HPLTYfiKET PSS. To • ms: RmE ,a. sxa112 I EFII" ' MAF!"SEC' 05-22 0f:3 M3 96 A 31%5 3:1" P 4 T PeOE NO. : s1TTl6'i STATE OF MINE - Aau6a ��ic 7. INS PENOPHN OT, . Personally appeared the abeue-named SIDNEY EPSTEIN, in his-caPacity as Trustee of Bangor -Airport Nall Trust and acknowledged the foregoing instrument to be his free a" and deed. Before me, < PNnted Mame: My Commission Expires: ` -3- Hgvrawcr xss. a e5­12-sa ei:Awl [2e1 as 911-2259 ro: GCS. PFO.E W. J. S.19A 3'3TH P prior51<a112 Fv: iRiEY- RNFE W. 61]T1615@l The easement herein granted shall consist of the right in the Grantee to erect, operate, maintain, repair, rebgild and replace one signal pie, together with all necessary lines, wires, tables, obis anchors, electrical devices and transmission linea, lights, signal devices and supporting structures appurtenant thereto, and shall Intimate the right in the Grantee to enter upon the above-described land at all reasonable times with personnel, vehicles and equipment for any and all of the fmrrapLlg pgTPOS99, The easement and other rights herein conveyed shall include a right in she Grantee to cut, trim, clear or remove any and all trees or other vegetation naturally occurring Or now or hereafter planted upon the above-described land as necessary to keep Grantee's traffic signal pole and all appurtenances thereto clear from any visual or other obstruction, and to remove any building or other structure now existing or hereafter erected upon the above-described land that, by its location, may Interfere in any manner with Grantee's exercise of the easement and other rights granted herein, provided, that move completion of any installation, maintenance work or other activities under provisions of this Deed. Grantee shall reasonably restore or caused to be restored the above-described land. and any other portion of Grantor's adjacent land impacted by such work, provided further however that Grantee shall not be required to restore any condition upon Grantor's land which operated to Impair or interfere with Grantee's exercise of the easement and other rights granted heroin. IN WITNESS THEREOF, the Trustees of Bangor -Airport Nall Trust have caused this Easement need to be signed as an Instrument under seal, this a, day of Al vrw.Lri 1993.