HomeMy WebLinkAbout1977-12-28 97 AF ORDER97 AF
Introduced by Councilorsoucy, cecember 2e, 1977
CITY OF BANGOR
QITLEJ (IDE Br Authorizing the_. City Treasurer to Execute the Attached
Easement with Banma)r Associates - Shooting Center Access Road
BY the City COYMH off City of Bangor:
ORDERED,
THAT the City Treasurer be and hereby is authorized to
execute the attached Easement with Barmak Associates, developers
of the new Bangor Mall Shopping Center, which will permit the
construction and future maintenance of the entrance road to
their ahopping center across a parcel of land owned by the
City located between Hogan Road and Penjajawoc Stream. a copy of
Easement on file in the City dark's office.
STATEMENT of FACT:
The City of Bangor owns fee simple title in a fifty foot wide
right-of-way extending from Hogan Road to a pump station adjacent
to Penjajawoc Street, in which is maintained a sanitary sewer and
an access road; the Easement will permit Banmak to construct their
main access road and appurtenant facilities across said right-of-way,
which will in no way interfere with the City's use of the right-of-
way.
IN CIW CCUMIL 92 RF
December 28, 102 -
Passed - O R D E R
i CI'i"tk�=�Title,
RR4heSi? in9.4ha .SItY..TSi�?w:?? .4n .9teance
the Attached easement with 9anmak Asscciates -
........... I......................
Shopping Center Access Read. _
Introd ede d iled
�.. ......
97 AS
EASEMENT
KNOW ALL MEN BY THESE PRESENTS that The Inhabitants of the City of
Bangor, a body corporate, located in the County of Penobscot, State of Maine, In
consideration of $1.00 and other valuable considerations paid by Banmak Associates,
a Pennsylvania limited partnership with offices at King of Prussia, Pennsylvania, does
hereby give, grant sad convey unto Banmak Associates , its successors and assigns
the perpetual rights and easements as hereinafter set forth which are to be exercised
over and upon the following described parcel of land, vis:
Commencing at an Lon 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, 1957 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 Southwesterly 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 310 43' 23" West, a distance of 1,250.00 feet, along the South-
easterly R, O. W. of Stillwater Avenue; thence South 560 07' 18" East, a distance of
275.00 feet; thence North 310 43' 23" East, a distance of 664.86 feet; thence South
'080 42' 23" East, a distance of 580.64 feet; thence North 81" 17' 37" East, a distance
of 344.63 feet; thence South 09' 01' 07" West, a distance of 349.07 feet to the point
of beginning.
From the point of beginning, proceeding the following courses and distances: North
810 17' 37" East, a distance of 52.48 feet; thence South 090 01' 07" West, a distance
of 49.23 feet; thence South 350 39' 07" West, a distance of 74.27 feet; thence along
a curve to the left of radius 550.00 feet, a distance of 75.52 feet; thence North 35^
39' 07" East, a distance of 118.95 feet; thence North 090 01' 07" East, a distance of
21.43 feet to the point of beginning.
Said 50 foot wide parcel contains 0.150 acres and is shown as Easement A on Drawing
SK -19, "Property Survey", dated prepared by Raymond Keyes Engineers,
P.C.
The rights, privileges and easements conveyed are as follows:
PAINE A LYN" , ATTORNEYS & COUNSELORS AT LAW . a HARLOW STREET. BANGOR, BANNS DYADS
The right to pass and repass over and across said parcel for the purpose
of providing Ingress and egress to and from real estate owned by the Grantee; to enter
upon the premises with men and equipment and all necessary tools and machinery to
construct, maintain and repair a roadway; to erect a line or lines of poles or underground
cables with necessary wires and apparatus for the purpose of transmitting electricity
or telephone to premises of the Grantee; to erect poles and lamps toprovidefor lighting
of said roadway; and to construct and maintain a line or Knee of pipe for water and sews
Further granting to the Grantee, Its successors and assigns the right to assign an, others
In whole or In part, any and all of the rights, privileges and easements hereinabove
set forth, Including purchasers, lessees, licensees and Invitees of the Grantee and
licensees and invitees of purchasers and lessees from the Grantee.
Reserving, however, to the Grantor, its successors and assigns the
right to maintain the existing sewer line located along the center line of the above
described parcel, and the Grantor covenants with the Grantee, its successors and
assigns that in the maintenance and repair of said sewer line, the Grantor will
restore and repair any damage caused to the surface of said premises.
TO HAVE AND TO HOLD the aforesaid rights, privileges and easements
to the said Banmak Associates, its successors and assigns forever.
IN WITNESS WHEREOF, the Inhabitants of the City of Bangor have
caused this instrument to be executed and delivered by its
, this day of December, 1991.
Witness:
INHABITANTS OF THE CITY OF
BANGOR
PAINE A LYNCH . ATTORNEYS Or COUNSELORS AT LAW . 0 HARLOW STREET, KI MAINE OWN
7
STATE OF MAINE
COUNTY OF PENOBSCOT December .1977
Personally appeared the aforenamed - - , In
his capacity, and acknowledged the foregoing instrument to be his free act and deed
and the free act and deed of the Inhabitants of the City of Bangor.
Before me,
THE PEACE