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
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Assigned to
Councilman
14ANTIARGET An.
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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.
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STATE OF MINE - Aau6a ��ic 7. INS
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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,
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PNnted Mame:
My Commission Expires: `
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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.