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HomeMy WebLinkAbout1977-12-28 96 AF ORDER96 AF Introduced by Councilor eoucy, December 29, 1977 CITY OF BANGOR (TITLE.) (®rbtr,Authorizing the, City Treasurer to Accept., the Attached Sewer Easement from Banmak Associates - Revised Location of Sanitary Sewer By City Cone vt of Me City ofBanyor: 'WA it M:1 M 1T THAT the City Treasurer be and hereby is authorized to accept the attached Sewer Easement from Ban ak Associates, developers of the Burger Mall Shopping Center, which provides for the future maintenance by the City of the sanitary sewer extending from Penjajawoc Stream to Stillwater Avenue across the shopping center property easement on file in the city clerk's office. STATEKEMT OF FACT: This Easement will permit the City to maintain the so-called K -Mart Sanitary Sewer, installed in 1972, a portion of which has been recently relocated to accommodate the shopping center location. f IN CITY CWWXL 96 AF Cecembdr 28, 19]] mpas 0 R D E R Title, -CI CLE(( A.Ajm{a{rvl tihe ,to Ageept the Attached Sewer Easement from ea,waik Associates - Revised Location of Sanitary Sever Introduced and (fled Counc_ _ .. 96 AF SEWER EASF.MLN't KNOW ALL MEN BY THESE PRESENTS, that BAN MAK ASSOCIATES, a Pennsylvania limited partnership having an office and place of business at King of Prussia, Pennsylvania, (hereinafter called "Grantca ), In consideration of One Dollar ($1.00) paid by Inhabitants of the City of Bangor, a body corporate, located In Penobscot County, Maine, the receipt of which Is hereby acknowledged, and In consideration of the agreements herein contained, entered into by said City, does hereby give, grant and convey bide the Inhabitants of the City of Bangor (hereinafter called the "Grantee"), its successors and assigns forever, subject to the reservations and agreements hereinafter set forth, the full right and privilege to maintain an underground 8 inch sanitary sewer line and appurtenant structures under that portion of land situate In said Bangor, within a 20 foot wide easement, more fully described as follows: Commencing at an iron bolt on the Southeasterly side of Stillwater Avenue at the northwesterly corner of land conveyed by Hugh Davis to John H. Davis by deed dated February 5,. 1959 and recorded in the Penobscot County Registry of Deeds in Book 1565, Page 160, said iron bolt being further identified as being 183.50 feet Southwesterly as measured along the Southeasterly side of said Stillwater Avenue from the Intersection of the Southeasterly side of Stillwater Avenue and the South- westerly side of Hogan Road, as laid out in the City of Bangor Engineers Plan Book 4, Page 63 and accepted by Bangor City Council Order 93-P dated. April 9, 1962, from said iron bolt; thence proceeding South 31' 43' 23" West, a distance of, 2,152.96 feet, along the Southeasterly R. O. W. of Stillwater Avenue; thence South 58' 16' 37" East, a distance of 430.00 feet; thence South 460 12' 30" West, a distance of 501.16 feet; thence North 420 38' 53" West, a distance of 316.34 feet; thence South 31" 45' 20" West, a distance of 2,183.82 feet; thence to the point of beginning. From the point of beginning proceeding the following courses and distances: South 860 42' 19" East, a distance of 250.19 feet; thence North 88" 04' 31" East,a distance of 297.25 feet; thence South 880 36' 49" East, a distance of 1,273.63 feet; thence North 180 11' 29" East, a distance of 549.66 feet; thence North 630 21' 24" East, a distance of I11.13 feet; thence along a curve to the left of radius 790.00 feet, a distant of 143.58 feet; thence North $20 56' 36" East, a distance of 172.86 feet; thence North w M•28 F%: Weu¢O MO"i' 2S0 ee, 3E.. Egat' s tilRt9v03 Of ISS -89 IaOK finance MQLW -' r a9v=: O1 if l3 WOO fpsuce 91OUd a cMe.c tO W2 log o{ 9gine )80'00 is9f' 9 gt2f9vp:; `glop 180It. ; ;.. vv4, a giaMgca Of 2x0'82 Iaaf: WOuc6 moue 23" $1, Ste., E92t' 9 ^F S21'a9 S. Gd lingua, 2nnw 880 3P. 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Np9Piteut2 0[ LPs GiA of Baueoa` o pogA Ootbot9is ` locatby bwa2i9' brvue..%j"UIn` OiGmi tulpt. ¢agaq ..CLeluot2,)` in f.vafgoifglov of OuO t" r .uudAlnmg9 Ilwiroq p9w aeplb P9nlud 9u o{Oes vuq bons Of Pneivaa2 Vf Kind OI '!} YAohl tll'f Y21'N�BA 31ll"t.E L81:L1 ^2P' IP9f OVAYPJ" v22Cf'IV'Id' _, .� '.Clvl 'I' f'1'.I V.1 i11, ... i W" 56' 36^ East, a distance of 19.72 feet; thence North 37' 031- 24" West, a distance of 172.59 feet; thence along a curve to the right of radius 810.00 feet, a distance of 160.24 feet; thence North 256 43' 18" West, a distance of 6.07 feet; thence North IS- 56' 16" East, a distance of 786.42 feet; thence South 250 11' 49.2" East, a distance of 24.56 feet; thence South 256 IF 49.2" East, a distance of 4.16 feet; thence South P 180 56' 16" West, a distance of 757.57 feet; thence along a curve to the left of radius' 790.00 feet, a distance of 154.15 feet; thence South 370 03' 24" East, a distance of 180.87 feet; thence South 070 56' 36" West, a distance of 36.28 feet; thence South 520 56' 36" West, a distance of 181.14 feet;, thence along a curve to the right of radius 810.00 feet, a distance of 147.22 feet; thence South 630 21' 24" West, a distance of 102.87 feet; thence South 18° 11' 29" West, a distance of 556.18 feet; thence North 88" 36' 49" West, a distance of 1,287.90 feet; thence South 886 04' 31". West, a distance of 297.58 feet; thence North 860 42' 19" West, a distance of 261.94 feet; thence North 310 45' 20" East, a distance of 22.75 feet to the point of beginning.. Said 20 foot wide easement containing 1.814 acres as shown on Drawing SK -19,. dated 11-28-77, prepared by Raymond Keyes Engineers, P. C. - For the Grantor's source of title reference may be had to the following deeds: a) Deed from Pauline Rudnickl dated July 26, 1977 and recorded In Penobscot Registry of Deeds, Volume 2776, page 246. b) Deed from Bert L. Woisteln, at al dated January, 20, 1977 and recorded in said Registry of Deeds, Volume 2776, page 249. C) Deed from Kravoo, Inc. dated August 22, 1977 and recorded In said Registry of Deeds in Book 2785, page 312. The Grantors reserve to themselves, their heirs, executors, administrators and - assigns, the right to construct and maintain or to cause to be constructed and maintained roads, parking areas, landscaping, or other similar surface improvements over all or a part of theabove-described area. The Grantee, its successors and assigns, by its acceptance of the rights and privileges hereby conveyed, agrees that after each entry upon the premises for the aforesaid purposes that it will promptly restore the surface of the premises to the same condition as prior to such entry. TO HAVE AND TO HOLD the said easement to said Inhabitants of the City of Bangor, its suwessors and assigns forever:. IN WITNESS WHEREOF, said BANMAK ASSOCIATES has caused this Instrument to be executed and delivered by Richard A. Jacoby and Kravco, Inc., its Ceneml Partnere, this day of , 1977. 'Witnesses: - - BANAW ASSOCIATES By Richard A. Jacoby, Its General Partner -KRAVCO, INC., GENERAL - PARTNER STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY Personally appeared the above-named Richard A. Jacoby, In his capacity, and In his capacity, and acknowledged the foregoing Instrument to be their free act and deed and the free act and deed of Barrack Associates and Kravco, Inc. Before me,