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Home My WebLink About1991-09-11 91-338 ORDERDate 4V9-11-91 Item No. 91-338 Ram/Subject: Authorizing Execution of License to Bonnie W. Haghkerdar -- Above-ground Swimming Pool at 12 James Street Responsible Department: Legal Commentary: This item would authorize Bonnie Haghkerdar of 12 James Street to maintain an above-ground swimming pool in her front yard. A portion of the pool as presently located extends into the James Street right- of-way. The travelled portion of the right-of-way is not affected. Ms. BagNcerdar has represented to the City's Code Enforcement Department that she needs to maintain the pool for use in connection n with her daughter's cancer therapy. On this basis, the City's Code Enforcement Department has recommended that the City Council license the present encroachment into the James Street right-of-way. The proposed license is revocable at any time at the City's option, and contains conditions limiting the use to which the area affected may be put. As proposed, this license will terminate upon removal of the pool, if not previously revoked. sava,"'fff"d IV- Manager's Comments: T.1 fie.. .n}� sy ,11�� Wr 1'pu��cWM1 i,[-� 61t aro x== Associated! Information: Order, License Budget Approval:N� « Ep,n Dirc (t.� Legal Approval: gLM1 ACtingpgs,lk ., Introduced For CONSENT AGENDA Passage ❑ First Beading page — of— ❑Referral 91-338 Awi®md eo Cowdha Frankel, September ll, 1991 CITY OF BANGOR QIRE) t9YL�UCT Authorizing Execution of. License to Bonnie W. _.. Haghkerdar -- Above -ground Swimming pool at 12 .Tames Street BY w City CosseB Of as City a/Baswr: MT the City Manger is hereby authorized and directed, on behalf of the City of Bangor, to execute a License granting to Bonnie W. Haghkerdar the right to use, occupy and maintain a existing residential porch, fence and temporary above -ground swimming pool, or portions thereof, and land enclosed by the same, situated within the legal right-of-way of games Street in said Bangor, a copy of said License being on file in the office of the City Clerk and attached hereto. Zn Citpy Counoll September 11, 1991 Moved to New business consider next meeting In City Council September 23,1991 consider max; regular meeting C BYO hl el City Clark In City Council November 25.1991 Passed Ilr y erk 91-338 ORDER Title, g Autborizfng eeuflan of license to, Homde H Magbkeeder above gtouM pool at 12 domes at ...................................... .,AI^(eei'p/^l/sad to CounciMnan LICENSE The CITY OF BANGOR, a municipal corporation organized and existing under the laws of the State of Maine, by its undersigned City Manager, for no consideration, hereby grants unto BONNIE W. HAGHEERDAR, formerly BONNIE W. WINCHELL, of 12 James Street, Bangor, Maine, for her use and benefit, a certain license as follows, to wit: The right to use, occupy and maintain an existing residential porch, fence and temporary above- ground swimming pool, or partions thereof, and land enclosed by the same, situated within the legal right-of-way of James Street in said Bangor immediately adjacent to the northwesterly side line of property of said Bonnie W. Hsghkerdar at 12 James Street conveyed to her by a certain deed dated November 7, 1977, and recorded in the Penobscot County Registry of Deeds in volume 2810, Page 49. The right granted herein is the right to maintain existing anachments upon the James Street right-o£-wayaso depicted in a sketch of the premises attached hereto. _ This License is granted on the following conditions: (1) Grantee's encroachment upon the James Street right-of-way under this License shall in no way obstruct or impair public access to or use of the travelled portions of James Street, including the adjacent public sidewalk as depicted on the attached sketch. (2) This License shall continue in force only so long s Grantee shall continue to occupy the premises, or so long as said porch, fence and pool described above shall remain in active use, whichever period is less. (3) This License shall automatically terminate upon any sale or lease of the premises by the Grantee to any third party. (4) Grantee shall maintaintheexisting fence in good repair so long as the existing swimming pool remains in use under this License. (5) Nothing in this License shall be deemed to constitute an assumption of liability by the City ofBangorfor any accidents, injury or damage suffered by any party arising out of Grantee's occupancy and use of the encroachment area. (6) This License shall be revocable at any time at the City's sole option, upon thirty (30) days prior written or posted notice to Grantee. (7) Grantor further expressly reserves all its right, title and interest in and to the James Street right-of-way, intending only to grant a revocable License for the limited purposes stated herein. IN WITNESS WHEREOF, the CITY OF BANGOR has Caused this instrument to be signed by its undersigned City Manager this day of September, 1991. CITY OF BANGOR By Witness Edward A: Barrett City Manager STATE OF MAINE Penobscot, as. September _, 1991 Then personally appeared the above-named EDWARD A. BARNETT, in his capacity as City Manager, and acknowledged the foregoing 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: Il a n Pl -4w!I :o aao al h vsawvq 9�� eye !'H of . yav� � ro�4o5 0 Jin 1 t^' i } lw+ysn ava tri)s��_ ann /Wy H� / J _ MEMORANDUM December 12, 1991 TO: Rues Rosanna, City Clerk FROM: Terri Corey, Legal Department BE License for Above -ground Swimsing Pool at 12 .Tames street - Bonnie W. Haahkerdar Enclosed please find a photocopy of a License to Bonnie W. Haghkerdar for the above -ground swimming pool on her property which partly encroaches into the James Street right-of-way. This License has been executed by the City Manager pursuant to Council Order R91-338 passed on Noverber 25, 1991. The original of the License has been forwarded this date to the Penobscot Registry of Deeds for recording. If you have any questions regarding this matter, please call me. to Enclosure The CITY OF BANGOR, a municipal corporation organized and existing under the laws of the State of Maine, by its undersigned City Manager, for no consideration, hereby grants unto BONNIE W. HAGHRERDAR, formerly BONNIE W. WINCHELL, of 12 James Street, Bangor, Maine, for her use and benefit, a certain license as follows, to wit: The right to u occupy and maintain an existing residential porch ,fence and temporary above- ground swimming pool, or portions thereof, and land enclosed by the s situated within the legal right-of-way of James Street in said Bangor immediately adjacent to the northwesterly side line of property of said Bonnie W. Haghkerdar at 12 James Street conveyed to her by a certain deed dated November J,-1971, and recorded in the Penobscot County Registry of Deeds in Volume 2810, Page 49. The right granted herein is the right to maintain existing encroachments upon the James Street right-of-way as depicted in a sketch of the premises attached hereto. This License is granted on the following conditions: (1) Grantee's encroachment upon the James street right-of-way .under this License shall in no way obstruct or impair public access to or use of the travelled portions of James Street, including the adjacent public sidewalk as depicted on the attached sketch. (2) This License shall continue in force only so long as Grantee shall continue to occupy the premises, or so long as said porch, fence and pool described above shall remain in active use, whichever period Is less. (3) This License shall automatically terminate upon any sale or lease o£,the premises by the Grantee to any third party. (4) Grantee shall maintain the existing fence in good repair so long as the existing swimming pool remains in use under this License. (5) Nothing in this License shall be deemed to constitute an assumption of liability by the City of Bangor for any accidents, injury or damage suffered by any party arising out of Grantee's occupancy and use of the encroachment area. (6) This License shall be revocable at any time at the City's sole option, upon thirty (30) days prior written or posted notice to Grantee. (7) Grantor further expressly reserves all its right, title and interest in and to the James Street right -c£ -way, intending only to grant a revocable License for the limited purposes stated herein. IN WITNESS WHEREOF, the CITY OF BANGOR has caused this instrument to be signed by its undersigned City Manager this 26th day of November, 1991. /\ CITY OF BANGOR Q wit B nm-e-u�nd witness EdwA. Btt arre City Manager STATE OF MAINE Penobscot, as. November 26 , 1991 Then personally appeared the above-named EDWARD A. BARNETT, in his capacity as City Manager, and acknowledged the foregoing to he his free act and deed in his said capacity and the free act and deed of said body corporate. Before me, /Onn.. / o., ( lane✓ Notary Public/ALbomey- -dxz printed Name: NMBry P,*�;9 �r'.x My samn.erv4>c 14:. "ro