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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 ...... . _._.__ _........... _. 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 rise . O R D E R cimr casregv, Title, - RECEIVED CITY OF BANGOR - - unxnori=inq I=.aouuon of Zns. o.nx,... CITY CLEWS OFFICE aem nc'- 'At iex I .. ; '75 JUN 10 PM 3 52 .. n aye � �iea. q.' .. . ..co�ei>mem 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