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HomeMy WebLinkAbout1981-03-23 81-124 ORDER81-124 Introduced by Councilor sours, March 23, 1981. CITY OF BANGOR (TITLE.) Vt/rbvr Authorizing City Manager to Execute Easement with V & H Development By fik CUM Coawil ofW My ofRawor. TEAT the City Manager be and hereby is authorized to execute the attached Easement Agreement with V & H Develop- ment, to pErmit the crossing of an existing City sewer ease- ment on the southwest side of Ohio Street, southeast from Griffin Road. STATEKENT OF FACT: V & H Development is planning the construction of a 50 -unit housing project on the corner of Griffin Road and Ohio Street, which will involve the installation of water maids. and storm drains across an area occupied by the City -owned Airport Collector Sewer. The purpose of the Easement Agreement is to allow them to cruse our existing easement area. B1-129 IN CIV 'COUNCIL 0 R ➢ E R MR 19 NIU Q March 23, 19&1 Pas e T e p CITY OYUNei'r CITY C - A Ch .. City ......i .. .. to - CITY CLERI( Casement Agreemant with v a H Nevelapment ( r Introducedend fRe . Come t 81-124 EASEMENT_ AGREEMENT AGREEMENT made this day of March 1981, by and between CITY OF BANGOR (hereinafter referred to as CITY), a municipal oration of the State of Maine, and V & H DEVELOPMENT (herein - r referred to as V & B), a general partnership organized and ting under the laws of the State of Maine. WHEREAS, V & H intends to constraint a fifty (50) unit ban. project off Griffin Street in Bangor, Maine on the property ribed in Exhibit A attached hereto and made a part hereof) WHEREAS, CITY has a twenty -foot (20') easement for an inch sanitary sewer which crosses the project premises and lies jacent to the southerly border of the project premises, dated ly 22, 1976 and recorded in the Penobscot County Registry of ads in Book 2668 Page 277, said easement granting CITY the full Ebb and privilege, from time to time, to excavate for, lay, astruct, operate, inspect, maintain, repair, renew, substitute d change a sanitary sewer line, 'etc.; and WHEREAS,_ construction of the housing project will entail rk over and in the aforedescribed easement and cause improve- ats to be made to the premises; and WHEREAS, CITY is willing to permit V & H to cross its sewer NOW THEREFORE, in consideration of s1.0o, the covenants tained herein and other consideration, the parties hereto agree follows: CITY assents, subject to the Lerma of this Agreement, to allow V & H, its successors and assigns, to lay, con- struct, operate, inspect, maintain repair and replace underground water lines and a storm drainage system under, in and across CITY's existing easement, the proposed location of said water lines and storm drainage system to be as shown on a plan entitled Utility Plan, Bangor Family Housing, Griffin Road, Bangor, prepared by Stevens Architects; a copy of said Plan is on file with the Department of Planning and Community Development, City of Bangor and a copy is to be recorded in the Penobscot County Registry of Deeds. 2. P A H, its successors and assigns, shall, at its own coat and expense, defend, indemnify and hold harmless CITY, its successors and assigns, from all losses, claims or damages to its sewer lines which result from the exercise of the rights granted herein. 3• V A H agrees to implement reasonable measures to prevent the storm drainage system from causing undue erosion of the soil around and near CITY's sewer lines. V. This Agreement shall run with the land described herein and shall bind and inure to the benefit of V A H and CITY, their respective successors and assigns. IR WITNESS WHEREOF, the parties bereto have executed this Agreement the day and year first above written. WITNESS V A H DEVELOPMENT CITY OF BANGOR By Its -2- STATE OF MAINE CUMBERLAND, as. March 1981% Personally appeared the above-named Hans Hemkes Jr. and acknowledged the foregoing instrument to be his free act and deed in his said capacity and the free act and deed of V A B Develop - Before me, Notary Public/Attorney at Law Justice of the. Peace E OF MAINE iERLAND, as. March , 1981 Personally appeared the above-named James G. Vamvakias and iowledged the foregoing instrument to be his free act and deed his said capacity and the free act and deed of V A H Before me, Notary Public/Attorney at Law/ Justice of the Peace as. March , 1981 Personally appeared the above-named and nowledged the foregoing instrument to be his free act and deed his said capacity and the free act and deed of The City of -075-001 Before me, Notary Public/Attorney at Lew/ Justice of the Peace -3- EXHIBIT A A certain lot or parcel of land situated in the 'City of '.Bangor, County of Penobscot, State of Maine and being bounded and described as follows: Beginning at a point on the Southerly side of Griffin Street, said point being located on a course of S 56. 26' 30" W a distance of 633.61 feet from an iron marking the Westerly line of Ohio Street and the Southerly line of said Griffin Street; Thence from said, point of beginning through land of the grantors on the following courses: S 330 33' 30" E a distance of 150.00 feet to a point; N 56" 26' 30" E a distance of 245.00 feet to a point; S 33" 33' 30" E a distance of 197.84 feet to a point on the Northerly sideline of a sanitary sewer easement conveyed to the City of Bangor by instrument recorded in the Penobscot County Registry of Deeds in Book 2668, Page 277; Thence by the Northerly sideline of said sewer easement on the following courses: S 33° 34' 02" W a distance of 106.24 feet to a point; S 62" 35' 35" W a distance of 282.65 feet to a point; S 250 221 34" W a distance of 308.03 feet to a point; S 329 11' 48" W a distance of 57.29 feet to a point and other land of the grantors; _ Thence by said grantors land on the following courses. N 33" 33' 30" W a distance of 391.33 feet to a point; N 56" 26' 30" E a distance of 100.00 feet to a point; N 33" 33' 30" W a distance of 150,00 feet to the Southerly sideline of said Griffin Street; Thence by said Griffin Street on a course of N 56" 26' 30" E a distance of 350.00 feet to the paint of beginning. Above courses are magnetic as of the year 1981. This parcel being subject to a 20 -toot Wide easement conveyed by Albert L. Bean and,Frederick N. Bean to the City of Bangor for an 8 -inch sanitary sewer recorded in said Book 2668, Page 277. Said easement being located along the centerline of the existing sewer line as built running in a Southeast direction from Griffin Streetto the previously mentionedsewerement. alongthe Southerly boundary of the above described parcels Being the property to be conveyed to V A H Development by deed of Albert L. Bean and Frederick N. Bean to be recorded in the Penobscot County Registry of Deeds. -'