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Home My WebLink About2022-03-14 22-120 OrderCITY COUNCIL ACTION Council Meeting Date: Item No: Responsible Dept: Requested Action: Summary Committee Action Meeting Date: For: Against: City Manager City Solicitor Finance Director Map/Lot: Introduced for: Order Committee: Action: Staff Comments & Approvals Date: Item No: Assigned to Councilor: 29 NI LEONA RYAN ED 8986, PG. 41 (2003) 28 MICHAEL P. BROOKER JENNIFER L. BROOKER ED 8795, PG. 127 (2003) 1 80 WIDE POLE LINE EASEMENT BENEFITING BANGOR HYDRO ELECTRIC COMPANY BOOK 1545, PAGE 234 TAX MAP 48- LOT 1 BANGOR REALTY GROUP LLC BOOK 14208, PAGE 98 TAX MAP 48 - LOT 1 F CITY OF BANGOR 50 FOOT WIDE RIPARIAN EASEMENT BENEFITING THE CITY OF BANGOR • rhRFA � \ \ \ \ROok \ hd T MAP 1 OO TY CARER N\Q% \' 48 OFggNG�TR�K 7 E — I WHISPER DRNB -ft-- 27 2 VIRGINIA LNPELLETIER 4 ED 9823, PG. 23 (2005) IPROJECT 9 1 1 11 1 13 1 15 COMM( AREA 6 / g 10 12 14 16 I 17 1 18 26 23 0 il KRYSTYNAEDOUGHTY N/F 22 Q "E 21 BK. ]153, PG. 145 RICHARD S. BACH N/F /BARBARA p a o L wF (1999) HEIDI D. BACH ICHAEL GRINDLE z T rc LINDA T ED 5045, PG. 169 GRINDLE Q E5 DEVEAU88 W L (1992) BK. 8]68, 101 W " a PC 275Y BK. 10288, PG. 2]5 (2003) 3) X (2006) 29 LABARCA LANE DWG No. CITY OF BANGOR GRANDVIEW AVENUE, BANGOR, PENOBSCOT COUNTY, MAINE RIPARIAN EASEMENT EXHIBIT " 10271.023 SCALE 1" = 150' TAX M -LOT 1 H \ O B CITY OF BANGOROPP \1 LOT \ 50 FOOT WIDE RIPARIAN EASEMENT \LOT BENEFITING THE CITY OF BANGOR \• • \ \ TAX MAP 48 - LOT 1 LOT \ BANGOR REALTY GROUP LLC \ BOOK 14208, PAGE 98 \ OR, O\ \ 19 0 2 21 '•\\ � \ 20 19 STORM WATER \ N/F ERI J. BAXTER N/F DAVID WILSON 04 DETENTION PARCEL DRAINAGE EASEMENT LIAM L. BAXTER DENISE M. WILSON ED 5979, PG. 135 Q BENEFITING CITY OFBANGOR ED 4741, PG. 33 ED 5449, PG. 246 (1993) (1995) 29,669 SQ. FT, 0.68 ACRES± 6 \_ N/F DARRYL W. LYON �.y MARY MARIN LYON BY DATE 11/22/21 �IIIIIIIIIIIIII REV. HALEY WARD REV.DATE I IIullll'II1I 111 1111lYVII 11 I I Al 11 Ml•.VII!!''I'llllC" EASEMENT DEED Bangor Realty Group LLC ("Grantor"), property owners in Bangor, Maine, 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 from TJS Realty, LLC to Bangor Realty Group, LLC dated July 5, 2016, and recorded in the Penobscot County Registry of Deeds in Book 14208, Page 98, and being, as of February 14, 2022, located on Map R48, Lot 001 on the City of Bangor tax maps ("the Premises"), said portion of the premises upon which there is being granted an easement ("the Easement Area"), which are depicted in "Riparian Easement Exhibit" prepared by Haley Ward on November 22, 2021 and attached hereto, being more particularly described as follows: BEGINNING at the point of intersection of the northerly sideline of Grandview Avenue with the thread of Arctic Brook; THENCE, in a generally northerly direction, along the course of the thread of Arctic Brook, an approximate distance of 1554 feet to a point situated approximately 100 feet northerly of Lupine Way and within an existing stormwater drainage easement area benefiting the City of Bangor as described in an instrument from DARBRO, Inc. dated September 6, 1990, recorded in Book 4741, Page 33 of the Penobscot County Registry of Deeds. EXCEPTING those portions of the 50-foot-wide easement situated on land of the City of Bangor The purpose of this Easement is to allow the Grantee to enhance and protect the general well-being, habitat, riparian buffer, channel capacity, and floodplain capacity of Arctic Brook. 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 features including, but not limited to, channel constrictors, channel modifications, floodplain excavation, retaining walls, channel substrates, additions of wood, and monitoring equipment within the Easement Areas. 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 except for a previously permitted retaining wall, driveway and road as shown on a plan for Grandview Estates, which was approved by the Bangor Planning Board on June 16, 2015. 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 construct parking areas, buildings or other structures within the Easement Areas, except for a previously permitted retaining wall, driveway and road as shown on a plan for Grandview Estates, which was approved by the Bangor planning Board on June 16, 2015. The Grantor further agrees not to modify the grade, except as necessary to construct stream crossings for roads, driveways, and trails within the Easement Areas. Stream crossing travel ways shall be minimized both in numbers and dimensions, to the extent reasonable, and shall be constructed to be minimally impactful to Arctic Brook within the Easement Areas. Stream crossing structures within the Easement Areas shall be sized to be at least 1.2 times the channel width in the vicinity of the crossing, with adequate height clearance, and all stream crossings shall be subject to approval by the City Engineer. Said approval shall not be unreasonably withheld. The Grantor further agrees to not to remove, modify, cut, mow, plant, or otherwise damage vegetation within the Easement Areas, except to maintain stream crossings, other previously approved structures and travel ways, or as otherwise approved by the City Engineer. Said approval shall not be unreasonably withheld. 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) 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. WITNESS our hands and seals this day of 2022. Bangor Realty Group, LLC C Name: Its: Witness STATE OF County of 2022 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 IN CITY COUNCIL MARCH 14, 2022 CO 22-120 ACTION CITY CLERK