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Home My WebLink About1990-07-23 90-272 ORDERtouncil Actio Date duly 23. 1990 Item No. gill ?2i2 Item/Subject: Authorizing City Ilanager to Execute Release Deed - Abandoned Sever BAsement at Bangor Mall Responsible Department: Engineering Commentary: This Order involves the release of an easement which the City acquired back in 1971 to install a sanitary sewer what is now the Bangor Mall property. A portion of the sewer has been abandoned and r outedr and the origiu9l ease - want is no longer required{ consequently, the own Of the property have requested that the City release its rights to thea easement. It. is recommended that the easement be released, since the City will have further need for it, either n r in the future. It is felt that compensation for the release is not justified, since the easement was originally given to the City at no cost. Depvrtmenl Haat Manager's Comments: Ciy A Associated Information; Budget Approval Fina uDin Legal Approval: City Sorkimr Introduced For G Passage ❑First Beating Page_ of ❑ Referral 90-272 Aaip,N [o Cqu,m'br England July 23, 1990 CITY OF BANGOR (TITLE.) (OTileX dath i in& cit7 _ManagertoExecu.te Bel sse need_- Abandoned Sewer Basement at Bangor Nall By W my couruil of the adu ofRayyar. ORDERED, TUT , WBEEBNS, the city of Bangor installed a sanitary sewer force main in 1971 across property now occupied by the Bangor Mall{ and WHEREAS, a portion of said force main which crosses es Wt No. 19 a shown on the Bangor Wall Subdivision Plan has been abandoned a result of modifl- catlOns made t0 the eenlajamoc Interceptor Sewer in 19878 and WHEREAS, the easement which was acquired for said sewer by the City from Bert L. Wolstean,the anginal property owner, in 1971 fano longer required and Is an unnecessary encumbrance to said Lot No. 19; NOW, THEREFORE. Be It ORDERED, THAT the City Manager, acting for and on behalf of the municipal officers, be and hereby is authorized to statute the attached Release Deed for said sanitary sewer easement. -�F 1 90-2)2 ORDER IN CITY COUNCIL July 23, 1990 Title, Passed Authorizing City Manager to Execute ........... .... ..... ........ .. CITY EFR Release Ueed Abandoned Sever Easement at Bangor Nall ................... ................ I j/ C.tLV,u Q. to 'j�/�/7Amigned TRXX.. v':ya'l.`Cco .. O Cowcilman -�F 90-P2 RELEASE BRAD &MY ALL NO BY TUBE PRESENTS TEST CITY OF BANGOR a municipal Carl arutire located An the County OF Penobscot. Etat' of Maine, foe consideration paid, aleaeee to THE RUITARBP LIFE ASSURANCE SOCIETY OF THE SASSES STATIC, a Nee York "In"Ition with an eddeme Of ]W ][h Avewe. Be, York. Hev York, and BANGOR ASSOCIATES A Penvylvenla limited partnership vlth an address at 234 Goddard 3111111 1d. MAIN Of PrueJa. Pe.maylvania. the land AS Bangor Curacy of Pm ohacot, State If Maine, to situ fain really (EO( flat r rely granted to Is' ttyfIf 0 Ya IItIAI l ordein the onobscoteCounty a faW IftHer , in vol s2223 Page 309,c,lt�tld 11 Penobscot 9 ansgov Hall ging 0.2E -called, in City of eIN". plenty of e 4 An0 a of Xe Lie. the centerline at the parties ,assured fe b,"d,d cad aAe ec Flbed AN State If Beginning u point As then t are ecly line If a Bangor Fell ging Fre AS the a erly line efhLet 1 plan entitled !p;nni0 91mivveiw P Bangor tl Bangor. 9P n[ Ww[y Maine- prepared by e dated C ordrd in t of scot Core Registry of Beetle InMapPile Fo 2 99 which point is located six hundred ninety-eight (690) feat, m of Elea,, along the eoathweurly line of Los 9 fare the smNecly c f (et 3 rtheastecly. th OeMb eaitl Lo[ 6a�g [M a erlineaOf said a a diet ofr IPgavxiamely three hundred FOF[ - o Vila e`ee utpoi t Located ton (10) flat en by [ £roep a right eCHAIR t h tmr[he a Elly If" OF eaitl 9. this tl letter point being the pain[ of beginning of a u y (20) flat elder "'Agree 11 ribed in the deed fire B Axie[e U th, City of Volume GdItId Oct ber 1 pna. d reel d in dRegilt IT of Beed, in IN BANANAS RONOE,ry of Bangor Me caused THAI iva teen[ to he sited and delivered hyE ward A. Recruit, At, City tlwget Hereantr duly authatlead this day of , Vimeel. CITY OP BANGOR AT ®YARD A. BARNETT ITS CITY MANAGER STATE OF MAINE '- - COMMIT OF POODSMT them, 1990 Then perawlly appeared the shore urged Etiva,i A. S,rvett in his capacity 11 City X aegaec If the itacttaBO,, and ecAnoel,ided and be. s foe deed and W f of the City If sIlmd". t Before me. NOTARY FUSLIC - ATTORNEY AT LAN MINT GXfi. 90-272 RELEASE DEED MOW ALL MEN BY THESE PRESENTS THAT CITY OF BANGOR a municipal corporation located in the County of Penobscot. State of Maine, for consideration paid, releases to THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITES STATES, a New York corporation with an address at 787 7th Avenue, Now York. New York. and BANGOR ASSOCIATES a Pennsylvania limited partnership with an address at 234 Goddard Boulevard. King Of Prussia. Pennsylvania, the land in Bangor, County of Penobscot. State of Maine, to wit: A portion of a certain twenty (20) foot ride a easement previously granted to the City of Bangor from Bert L. Volatein be August 1971. and recorded in the Penobscot County Registry of Deeds in Volume 2223, Page 309, situated on the northeasterly side of the Bangor Mall Ring Road, so-called, In the City of Bangor, County of Penobscot, and State of Maine, the centerline of the portion conveyed is bounded and described as follows: Beginning at a point in the northeasterly line of the Bangor Mall Ring Road and in the southwesterly line of Lot 19 as shown on a plan entitled 'Final Subdivision Plan, Bangor Mall, Bangor, Penobscot County Maine' prepared by James N. Sewall Co. dated October 13. 1978, and recorded in the Penobscot County Registry of Deeds in Map Pile No. D22-79 which point is located six hundred ninety-eight (698) feet, more or less, along the southwesterly line of Lot 19 from the southerly comer of Lot 19;. thence northeasterly, through said Lot 19 and along the centerline of said sewer easement a distance of approximately three hundred forty-two (342) feet to a point located ten (10) feet southwest from, and at right angles to the northeasterly line of said Lot 19, this latter point being the point of beginning of a twenty (20) foot wide sever ant as described in the deed from Banmak Associates to the City of Bangor. dated October 14. 1987, and recorded in said Registry of Deeds in Volume 4123, Page 920. IN WITNESS VERR80P, City of Bangor has caused this instrument to be executed and delivered by Edward A. Barrett, its City Manager hereunto duly authorized this day of 1990. Witness: CITY OF BANGOR BT EDWARD A. BABBITT ITS CITY MANAGER _... _. STATE OF MAINE COUNTY OF PSNOBSCOT DATED: - 1990 Then personally appeared the above named Edward A. Barrett in his capacity at City Manger of the City of Bangor and acknowledged the foregoing instrument to behis free act and deed and the free act and deed of the City of Bangor. Before me, NOTARY PUBLIC - ATTORNEY AT LAW PRINT NAME: