HomeMy WebLinkAbout1984-02-13 84-90 ORDER89-90
Introduced by Councilor Cox, Feumary 13, 1980
o _ CITY OF BANGOR
(TITLE.) (J0rbfrt-...... AuihOrAzing.. Execution._ Of Drainage.. Easement ..........
and Sewer Agreement - Dowd Industrial Estates
By the City Coameil ofHw City ofBayyor.
OEDEEED.
THAT the City Manager is hereby authorized and directed
on behalf of the City of Bangor to execute a document entitled
"Drainage Easement and Sewer Agreement," a 'copy of which i
on file in the office of the .City Clerk, with Bangor Target
Area Development Corporation providing for the establishment
of two (2) storm water drainage easements and a sewer easement
described therein located in Dowd Industrial Estates, Dowd
Road, Bangor.
In City Council February 13,1984 84-90
Passed O R D E R
Title,
C1 y Cle[ ...AVtb9r3i 398.8WCVC1Po.Vf .O[8lnage .8u ¢amen[
and Sewer Agreement - food Industrial estates
......................................
Introd "led by
CoMot cilman-
81-90
DRAINAGE EASEMENT AND SEWER AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, THAT BANGOR TARGET AREA
DEVELOPMENT CORPORATION, a corporation organized and existing under
the laws of the State of Maine, with a principal place of, business at .
Bangor, County of Penobscot, State of Maine, (hereinafter referred to
as "TARGET") in consideration of One Dollar ($1.00) and other valuable
considerations, paid by the CITY OF BANGOR,a municipal corporation
located in the County of Penobscot, State of Maine, the receipt of which
is hereby acknowledged, does hereby give, grant and convey unto said
City of Bangor, its successor$ and assigns forever, subject to the rights
and restrictions contained herein, the full right and privilege to excavate
for, install, operate, inspect, replace, maintain and repair, storm water
drainage ditches and a ten inch underground sanitary sewer with appurtenant
structures thereto, in, over and across a portion of a parcel of land
described in a Deed from Richard E. Poulos, Receiver in Bankruptcy
of Maplewood Poultry Company to said Bangor Target Area Development
Corporation dated April 23,'1980 and recorded in Penobscot County Registry
of Deeds in Volume 3093, Page 56, all as shown on a Plan prepared
by the City of Bangor Engineering Department entitled "Final Subdivision
Plan, Dowd Industrial Estates, Bangor Target Area Dev. Corp.", Plan
No. SD 52, Sheet 1 of 1, dated September 25. 1981 and recorded in said
Registry of Deeds, Map File No. D-193-83, the location of said drainage
ditches and sewer line more fully described as follows;
FIRST EASEMENT
A twenty -foot wide easement for the construction and future maintenance
of a storm water drainage ditch, the centerline of which commences on
the southwesterly right-of-way line of Dowd Road on the line between
Lots No. 10 and 11, as shown on said Plan; thence 5 720 20' 03" W
along said lot line for a distance of 293.78 feet to a point, being 10
feet northeast from the southwesterly line of said Lots No. 10 and 11;
thence 5 170 39' 57" E along a line parallel to and 10 feet northeast
from said southwesterly lot line across Lot No. 11 for a distance of
200.DD .feet to the dividing line between Lot No. 11 and Lot No. 12; thence
continuing along the same course across Lot No. l2 for a distance of
200.00 feet to the dividing line between. Lot No. 12 and Got No. 13; thence
continuing along the same course across Lot No. 13 for, a distance of
41.13 feet to a point on the southwesterly line of Lot No. 13. Meaning
and intending to describe a twenty -foot wide easement,. measured ten
feet to either side of the above described centerline.
SECOND EASEMENT
A twenty -foot wide storm -water drainage easement, the centerline
of which commences on the northerly right-of-way line of Dowd Road
at the intersection with the property line between Lot No. 6 and Lot
No. 7; thence 090 30' 09" E along said dividing line between Lot No.
6 and Lot No. 7 for a distance of 456.10 feet to the northerly lines
of said Lots No. 6 and No. 7, being the southerly line of the Maine
Central Railroad right-of-way.. Meaning and intending to describe a
twenty -foot wide drainage easement, measured ten feet to either side
of the above described centerline.
THIRD EASEMENT -
A twenty -foot wide easement for the installation and future maintenance
of a ten inch sanitary sewer, the centerline of which commences on the
northerly right-of-way line of Dowd Road at the intersection of the line
between Lot No. 7 and Lot No. 8; thence N 060 01' 15" E across a portion
of Lot No. 7 for a distance of 182.25 feet; thence N 410 27' 49' E across
a portion of Lot No. 7 and Lot No. 6 for a distance of 35490 feet; thence
N 020 04' 45" E across a portion of Lot No. 6 for a distance of 46.04
feet to the southerly right-of-way line of the Maine Central Railroad.
Meaning and intending to describe a twenty -foot wide easement, measured
.ten. feet to either side of the above described centerline, crossing a -
portion of Lot No. 6, Lot No. 7 and Lot No. 8 as shown on said Subdivision
Pian.
To have and to hold, the rights and privileges herein granted
to The City of Bangor, its successors and assigns forever.
The Grantor agrees that no trees or permanent buildings will be
planted or constructed within said easements, but that it shall otherwise
have full use and enjoyment of its property.
The City of Bangor, its successors and assigns, by its acceptance
of the rights and privileges hereby conveyed, agrees (1) to bury said
sanitary sewer lineso that it will not unreasonably interfere with the
use of said lands by TARGET, its successors and assigns; (2) after
each entry upon said premises for the aforesaid purposes that it will
promptly restore the surface of any improvements of said premises to
the same condition as prior to such entry, (3) to permit TARGET, its
successors and assigns, to enter said sanitary sewer without any additional
sewer assessment above those presently outstanding against said land
it being understood that the agreements and rights herein are intended
to run with the ownership of said land and are not limited to the present
parties to this documents.
IN WITNESS WHEREOF, the said Bangor Target Area Development
Corporation has caused this instrument to be sealed with its corporate
seal and signed in its corporate name by Edward McKeon, its Executive
Director, thereunto duly authorized, and The City of Bangor has caused this
instrument to be signed and sealed by John Flynn, its City Manager, duly
authorized, this day of in the year of our Lord one
thousand nine hundred and eighty -tour.
Signed, sealed and delivered
in the presence of BANGOR TARGET AREA DEVELOPMENT
CORPORATION
Edward McKeon. its Executive
Director, duly authorized -
CITY OF BANGOR
John Flynn, its City Manager,
duly- authorized
STATE OF MAINE
PENOBSCOT, ss. 1984
Then personally appeared the above named Edward McKeon, Executive
Director of Bangor Target Area Development Corporation, and John Flynn,
City Manager of The City of Bangor, and acknowledged the foregoing
instrument to be their free act and deed in their said capacities, and
the free aaand deed of said corporation and City of Bangor.
Before me,
Notary Public
Please print name and affix seal