HomeMy WebLinkAbout2020-11-23 21-016 Order
11/23/202021-016
11/23/2020
21-016
Engineering
Order
055-183
Title, Order
Authorizing the City Manager to Execute a Sewer Easement to Access Property at 431 Hancock Street.
This Order will authorize the City Manager to accept and execute an easement for State and Hancock
Street Utility Improvements. The project is located in the Carr Brook watershed area.
The proposed easement will be approximately 20 feet wide by 316.71 feet in length. The purpose of
this Easement is to allow for the installation, inspection, maintenance, pipes, manholes, and
appurtenances in the Easement Area across the vacant lot, so called, for the purpose of sanitary
sewage conveyance. The project would connect with the existing sewer interceptor system running
parallel with the Railroad Tracks.
Said easements shall each be in a final form acceptable to the City Solicitor or Assistant City Solicitor.
Infrastructure Committee
11/17/2020
Recommend for passage
Exhibit A & Exhibit B attached.
Consent
11/23/202021-016
CITY OF BANGOR ORDER
11/23/2020
21-016
Schaefer
Authorizing the City Manager to Execute a Sewer Easement to Access Property at 431 Hancock Street.
Be it Ordered by the City Council of the City of Bangor that,
The City Manager is hereby authorized to accept and execute an easement deed relating to property located
at 431 Hancock Street for the installation, inspection, and maintenance of pipes, manholes, and
appurtenances to convey sanitary sewage and connect to an existing sewer interceptor.
Said easements shall each be in a form acceptable to the City Solicitor or Assistant City Solicitor.
Ex. PAVED —SIDEWALK
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All,
$29
MAP 55—LOT 182
431 HANCOCK ST
FAI D. LITTMAN
EA'
44
STATE AND HANCOCK ST.
1.1 pals R -W -
UTILITY IMPROVEMENTS
z 9
9 BANGOR, MAINE DRAWN BY:
ACHECIO•D BY:
PPRM BY. is
—0% SEWER EASEMENT - 431 HANCOCK ST 0"I'll' ENGINEERING DEPARTMENT
Dat.: SCALE:AS Bang", Maine 04-401
11/04/2020 NOTED T.I.
. (2.1)992-4250
EASEMENT DEED
Fai D. Littman (“Grantor”), for consideration paid grants to the CITY OF BANGOR
(“Grantee”), a municipal corporation organized and existing under the laws of the State of
Maine and located at Bangor, Penobscot County, Maine, a perpetual easement and right-
of-way over, across, in and to certain portions of that parcel or parcels of land located in
Bangor, Penobscot County, Maine and described in the deed to Fai D. Littman, dated
October 14, 2020, and recorded in the Penobscot County Registry of Deeds in Book 15739,
Page 17 and being, as of November 5, 2020, located on Map 055, Lot 182 on the City of
Bangor tax maps (“the Premises”), and being more particularly described as follows:
Being a 20 foot wide strip of land over a portion of the lot described in the deed
granted to Fai D. Littman, dated November 5, 2020, and recorded in the
Penobscot County Registry of Deeds in Book 15739, Page 17, said portion
beginning at a point from the northeastern most corner of said property
following the property line on a bearing S26°34’26”E for a distance of 43.58’;
thence on a bearing S26°34’26”E for a distance of 28.13 feet; thence on a
bearing S44°04’56”W for a distance of 24.36 feet; thence on a bearing
N26°30’01”E for a distance of 16.27 feet; thence on a bearing S17°32’06”E for
a distance of 54.52 feet; thence on a bearing S43°56’55”W for a distance of
44.96 feet; thence on a bearing N17°32’06”E for a distance of 148.47 feet to
the point of beginning.
The purpose of this Easement is to allow for the installation, inspection, maintenance,
pipes, manholes, and appurtenances in the Easement Area across the vacant lot, so called,
for the purpose of sanitary sewage conveyance.
The Grantor agrees that the Grantee, its employees, designees or agents may, to the extent
reasonably necessary, enter upon the Easement Areas in order to install, inspect, collect
data from, and maintain, and monitor the sanitary sewer within the Easement Areas.
The Grantor further agrees that the Grantee, its employees, designees or agents may enter
upon the Easement Areas in order to make tests, take samples, make measurements, and
conduct other activities for the purpose of determining the quantity and quality of the
waters in and passing through the Easement Areas.
The Grantor further agrees that it, its successors and assigns shall not place fill, plant or
construct trees, shrubs, buildings or other structures within the Easement Areas without the
City of Bangor’s Engineer first agreeing to said planting or construction, but Grantor shall
otherwise have full use and enjoyment of its property. The Grantor further grants the right
to trim, clear, cut or remove any trees, brush or other vegetation planted or naturally
growing, and to remove without payment of damages or compensation any building or
structure now or hereinafter located on the Easement Areas.
The Grantee agrees that (1) any exercise of the rights herein granted to it shall be conducted
in the least intrusive manner practicable, and that any excavation, installation, construction,
repair, or maintenance activities pursuant to this Easement shall be done in a good and
workmanlike manner under the supervision of the City Engineer and his designees; (2)
after each entry upon the Easement Areas by the Grantee for the aforesaid purposes, the
Grantee will promptly restore the surface of the Easement Areas as nearly as practicable to
the same condition as existed prior to such entry; and (3) the Grantee shall exercise due
care in the exercise of the rights granted hereunder so as to minimize the disturbance of
any structures or improvements located on the Easement Areas and shall promptly repair
any damage to such structures or improvements arising from the exercise of the rights
granted hereunder.
WITTNESS our hands and seals this ____ day of _______________, 2020.
__________________________
Witness Fai D. Littman
By: __________________________
Name: ________________________
Its: __________________________
STATE OF MAINE
County of Penobscot ____________________, 2020
Then personally appeared the above-named _____________________________,
______________________________________________________, and acknowledged
the foregoing instrument 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
My Commission Expires
Before me,
______________________________________
Notary Public/Attorney-at-Law
My Commission Expires
CITY OF BANGOR
______________________________ ______________________________
Witness Catherine M. Conlow, City Manager
State of Maine
Penobscot, ss _______________________, 2020
Then personally appeared the above-named Catherine M. Conlow and acknowledged the
foregoing instrument to be her free act and deed.
Before me,
_________________________
Notary Public/Attorney at Law
IN CITY COUNCIL
NOVEMBER 23,2020
CO 21-016
Motion made and seconded for Passage of Consent Agenda
Vote: 9—0
Councilors Voting Yes: Davitt,Dubay,Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague,Tremble
Councilors Voting No: None
Passed
CIT LERK