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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