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Home My WebLink About1993-11-08 94-6 ORDERConnell Aalpn Date 11-05-1993 East No. 94-6 Dem1SvbletC Authorizing Execution of Release Deed - Existing Sever Easement, Property Located at 283 Elm Street Fupomible Department: Engimering Commentary: The City of Exagor bas an existing sewer s easement across property located at 283 Elm Street, which is currently owned by Clyde and Irene Estabrook. Teasement surveyed by the Forest Avenue Congregational Church in 1950, whoowned the property at the time. As a part of the City's Neadowbrook Sewer Separation project, the old existing sewer line was replaced with new linea. Although the new lines are within the existing easement, they a not centered in that easement. It is advantageous for the City to obtain a new easement centeredalongthe new alignment. The attached Order releasee the City's interest in portions of the existing easement which a o longer needed for future maintenance i exchange for easement. Attached are copies of the existing easement, the proposed Release Deed, and the new sewer •J. prpy-ee<ha:d hlanegar's Comments: lig Gry m. _qer Asaocilad Information: Scorer Approval: Fi.. Legal ApProvsh CCy Selirire Imrcdoced For Fasvace pace _elf_ First posting ❑saferrat 94-8 designed to Counegor Stone November 8, 1993 CITY OF BANGOR (TITLE.) (Oriery---Ruth i ing Execution of Release Dead Existinge Sever Beeemnt, Located at 283 elm Street By W City Caused! of the CTW of Bangor: ORDEEEDe THAT the City Manager, on behalf of the City of Bangor, is hereby authorized and directed to cute a Release Deed, releasing a Portion of the City's interest ina sewer sent across property located at 203 Eta Street. previously conveyed eto the City of Bangor by the Forest Avenue Congregational Church by Deed recorded in Penobscot Registry of Deeds in Volme 1330, Page 128. IN CITY COMM November 8, 1993 Pas e CITYUCL 96-6 0 R b ER Title, Authorizing Execution of Release Deed- 'ExieHng'8eWer'6ds®ent; Property located at 283 Sim street. .......n..`.�....�...../........ Aeo ed to .... �............ Councilman Train An.ow LL ADan By PS.6 pRFR0i1'B, Snit Forest Avmue Congregational Charon B CC . C®iXCrof BanmrDmne, in c=Ud,,'etyon of one dollar ane other valnenle cwuidgxations OF MGM .. mr be hereinafter status, du barley Cancer to in' City of Banner, a wWURS' TO Corporation lccctw in Feooment Conaty, Beate a game, a rUhl to wy an lomat Cory DP ole the =cera n=aion. ®n con=e and Collation of a Certain awe, MCI em scale; The Seemed, Ser said BANCLLI, nereieafau described. Said right a vy emmed aM Ceaseless as follnrst Balloting at a mint an the latterly am, Sine of pr=perty nw owu by aha POSTS AreaeCongregational Chur=n, bald point being about 1e5- a=utherly from art emthexly aide line Or Nitrates Sweat thane, be an "St"17 direction tt I point m DO vee erly Me line Of scarab AIrm,Said point being ' about I", Motherly from the Instantly aide Use Of M11rmd Steaet. The MISS' described line is the Cast" line far t e peOPoSed right Of rag lee an TO later in a,C=ft W, HM Me location established q M WITICIF ad ehwe In aplan in I office Of the City &rgineee. This Tight of way is SCendd xlth ITS that the City Of ROMM SCUM thenugh ih agents Nall anal age Tight I ens upon the poems" KM the mal"M construe ul On paat, reels, mppllea, mteriel, and San, m One puTpma or eonat,uetirg aaid nev Carer. S 1s also an eret=I that Me City e Ben[m' still Date the Tight GO mage open the Feemigea f,, Me po,eme a mermy ingC nammejtry or replacing The .ever OT it a x nee. Offer cans TOMU,n rne, nweealtym m"Imh xmu4ee. in a Collis - MUM fat' Tie greeting of this eight of W the City Cr Barney Oil' lease ITS p;M16,, in e, gold maditim after the Pena Avon has ease =aplated ae it has ct to w .tait or t e con, trmtvtt,Call as e recall, ""Ide,.U" for age Meeting of LAa right If my Me Mentor oes Campos UMI here the tight N free entry an M6 ur¢ and the Sold property vithln W Glades of the eight or wy'Sen Classic Ree frb,m ...eanenta rmah my be mrd, armed the wet of One vse. No money Oona "Itim Sam. 1N STSMW gMEM Ge aid Forest benne C=npegatlerel CWeeh by RSSvng W. e cra,me If the Bored of ttuKeee hvmnto Only mtnuilnon, Ie Ircmto ,at Its NM end a,U thin 14N day of October, in the year Of toe Lord, One th=neaM Mae helicon end gifts. signed, S1e4 CM deliaered a. "ISpceseMe If Forcer AMZ CCNCBBCASICNAL CBYPCB Gems, W. 611 By 4r1q N. Do," (ig) Sun LP atm - eemleet ase Comber m, IMO. - TOO, Momeallr Mpolluted the . t wd 111119 v eM o=knwleesed the rmeming dmeTNant to be his free a=t aM deed Defecate Ealy "Grarmei, and the role e=t and dead or Said sweet Areove CwTTMaU m. (Stem. ai Berm m Dental' W. B1enNud Sealer. emIIt - � pBe�l"l��/� Received Ceteber lir 1950 at u -Jezveh Cb m F.x.Izz- dz O^f- O(ZIGINAt 0ASZATLF]aJ�1 94-6 RELEASE DEED KNOW ALL MEN BY THESE PRESENTS, that the CITY OF BANGOR, a municipal corporation located in the County of Penobscot, State of Maine, hereby releases to CLYDE L. ESTABROON and IRENE C. ESTARROOE, husband and wife, both of Bangor, County of Penobscot, State of Maine, all of its interest in and to land in Bangor, County of Penobscot, State of Maine, described as follows: All that land described in a Right of Way Deed, dated October 14, 1950, recorded at Penobscot County Registry of Deeds, volume 1330, Page 128. EXCEPTING AND RESERVING from this Release Deed all of Releasor's interest in said released land that is contained in an Easement Agreement - between Releasees and Releasor herein to be recorded herewith. Meaning and intending to convey all of Releasor's interest in Releaseas' land that was burdened by the original right of way at Volume 1330, Page 128 and which will not be burdened by the new Reassert Agreement to be recorded. 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 1993. Signed, Sealed and Delivered in the Presence of CITY OF BANGOR (By) Edward A. Barrett (Title) City Manager STATE OF MAINE PENOBSCOT, as. , 1993 Then personally appeared the above-named EDWARD A. BARRETT, in his capacity as City Manager, and acknowledged the foregoing instr mment to be his free act and dead in his said capacity, and the free act and deed of said body corporate. Before me, Notary Public/Attorney-at-Law M EASEMENT AGREE[@NT MOW All !6M By THESE PRESENTS, That Clyde I. Estabrook and Irene C. Sambrook, husband and wife,bath of Bangor, County of Penobscot, State of Was, in consideration of One Dollar 01.00) and other valuable considerations, paid by the CITY OF BANGOR, a municipal corporation located in the Conary of Penobscot, State Of tlein . the receipt of which is hereby acknowledged,s do hereby give, grant, and c mley unto said City of Bangor,. Its successors and assigns for subject too the restrictions contained herein, the full right am privilegecc excavate for, install, replace, maintain, and use a twelve (12) inch underground sand an eight (8) inch underground sanitary sewer and appurtenant structures thereto, in, over, and across a portion of a parcel of land described in a deed dated December 12. 1984, and recorded in Penobscot Registry of Deeds in Volume 3612, Page 275 situate an the west side of Purest Avenue, said severs s to be located in the area trench, the cancer line more fully described as Beginning at a point on the westerly right-ofway line of Forest Avenue located thirty-five (35) feet more at lase northerly from the southerly lin of said parcel; thence inawesterly direction for a distance of one hundred (100) feet more r lees to the westerly line of said parcel, Intersecting said westerly line at a point located twenty-eight (28) feet more or less north from the southerly line of said parcel. For future maintenance purposes, the width of said easement ment shall be limited t0 twenty (20) feet, measured ren (10) feet either side of the above-described centerline. The Grantors agree that no trees shall be planted within ten (10) .feet of the above-described easement centerline, and that if buildings e located within the -easement herein conveyed, foundations of such buildings shall not be constructed closer than one (1) foot above the taps of said sanitary and are= sewers, but that they shall otherwise have fall use and enjoyment of their property. The City of Bangor, 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, that it will promptly restore the surface of said premises to the same condition as prior to such entry. The City of Bangor, its successors and assigns, further agrees that the Grantors, their successorsand assigns, will be allowed t connect c to the public sewer withiathe easement with no charge for Suchconneccion(s). -1- IN WIMSS WNEEEOP, we. the said Clyde L. Estabrook and Irene C. Estabrook, have hereunto executed these presents on the day of October., in the year of our Lord one thousand nine hundred and ninety-three. Clyde L. Estabrook Items C. Estabrook STATE OF MAINE County of Penobscot, as. - , 1993 Then personally appeared the above-named Clyde L. Estabrook and acknowledged the above instrument to be his free act and deed. Before me, NOTARY PUBLIC Typed or printed mina: 6G