HomeMy WebLinkAbout1976-06-14 263 AD ORDER263 AD
Introduced by Councilor Gass, June 14, 1975
CITY OF BANGOR
(TITLLJ @rbt•y------ Auch i ing IXecuti f Easement Agreement - Atl
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Parking Lot
By we Oft Cjoammii awe Cft of Hooper:
ORDEM9
TUT John G. Field, Deputy Finance Director, to hereby authorised
and directed to execute a easement agreement, a copy of which is on file
in the office of the City Clerk and made a part hereof, with C. Michael.
and, Louise S. Rolnick, for .purposes of permitting access to certain
property located adjacent to the parking Lot.
STATEMENT OF FACT: The purpose of this order is to authorize execution
of awritten'agre e
agreement permitting a mall portion of the
AtlerParking Let to private property adjacent thereto.
IN CITY COUNCIL 263 AN
June 14; 1976
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cimr casregv, Title, - RECEIVED
CITY OF BANGOR
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1
EASEMENT AGREWNT
THIS EASEMENT, granted this day of 1976, by the
CHIT M BANGOR (City), a mnicipal corporation located in the County of
Penobscot, State of Maine, to C. MICHAEL AND LOUISE S. ROLNICK (Grantees),
of said Bangor, in said County and State.
W I T NE BSE T H:
WHEREAS, the City is the owner of a certain parcel of land
located adjacent to CumberluW Street, Harlow Street and Spring Street,
and cc®anly known as the "Aller Parking Lot"; and
WHEREAS, the Grantees are the owners
of 'e certain parcel of
lend with buildings thereon located adjacent to said parking lot; and
WHEREAS, the City bas agreed to grant the easement provided
herein to the Grantees for purposes of permitting access across said
parking lot to Grantees' land and buildings,
NOW, THEREPORE, in pursuance of this agreement and in consideration
of the am of One Dollar ($L.00) and other valuable considerations paid by
the Grantees to the City, the receipt of which Is hereby acknowledged, the
City hereby grants to the Grantees, their heirs and assigns, the following
described easement, subject to the following conditions;
1. The full and free right and liberty for Grantees', their
tenants, servants,
ants, visitors and licensees,. in c with the general public,
at all timeshereafter, with or without vehicles of any description, for
purposes connected with the use and enjoyment of the said land of the Grantees
located adjacent to said parking lot, to pass and repass only across said
parking lot at the location shown on a plan attached hereto, entitled varier
Parking Lot Intersection", dated May 11, 1967, and made a part hereof, for
purposes of Be ing from c mberland Street to said land, or vice -versa.
2. The Grantees in the exercise add enjoyment of the rights
granted hereunder, agree that no person shall interfere with the use by the
City or the general public of the Aller Parking Lot for public parking purposes
or for any other public purpose.
3. As a part of the consideration of this agreement Grantees agree
for and on behalf of theneelves,and all persona who may use said assonant for
purposes
of access to Grantees' property, that the City of Bangor, its success.
ors and assigns, its officers, employees and agents, ahall not be liable ufor
sa
injury to or death of any parson exercising the rights granted herein, or for
lass of or damage to property in the possessioncustody or ontrol of any
such per exercising said rights. The Grantees further agreeo pro
ndemnify ane harmless the city of Bangor, ue a and assigns, its
officers, employees and agents, from and against any and eall rliability, lose,
oat, damage, expense and claims of every kind and character due to injury to
or death of any person or lose of or damage to any person,
arising directly o
Indirectly out of or incident to the existence or use ofsade anent and the.
rights granted herein.
IN WITNESS WHEREOF the parties hereto have set their hands and
seals the day and year first written above.
CITY OF BANGOR
GRANHEES
_z_
STATE OF MISS
Penobscot, as. 1976
Than personally appeared the above named John G. Field,
Deputy Finance Director, and acknowledged the above instrument
to be his free act and deed in said capacity, and the free act
and deed of said corpoxation.Before me,
,Justice of the Peace
Notary Public