HomeMy WebLinkAbout2016-07-25 16-275 ORDERCOUNCIL ACTION
Item No. 16-275
Date: July 25, 2016
Item/Subject: Order, Authorizing Execution of a Drainage Easement — 137 Fruit Street
Responsible Department: Engineering
Commentary: This Order would authorize the execution of a twenty foot wide drainage
easement with Patricia Keane of 137 Fruit Street. The City has been working with Patricia Keane
to relieve a drainage problem on property immediately adjacent to Cohen School and the football
stadium. The City needs the easement in order to access her property and make necessary
drainage improvements. If approved the City would construct a catch basin on school property
and connect an eight inch outlet pipe from the catch basin to the street system that would cross
the property at 137 Fruit Street property. An easement is necessary to cross her property.
The City has done work here prior and a separate Order will allow for the release of a current
easement that was used in a prior attempt at solving this drainage problem.
This item was reviewed by the Infrastructure Committee on July 11, 2016.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Passage
First Reading
Referral
Easement, Council Order
John Theriault, City Engineer
Department Head
C Q u 0--N cz-1 q�
City Manager
Page _ of _
Finance Director
Cit� Solicitor
16-275
JULY 25, 2016
Assigned to Councilor Nichols
of 114N
CITY OF BANGOR
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(TITLE.) ORDER, Authorizing Execution of a Drainage Easement —137 Fruit Street
By the Oty Coundl of the Oty oFBangor:
ORDERED,
That Catherine M. Conlow, City Manager, is authorized to execute a drainage easement from
Patricia Keane of 137 Fruit Street to the City of Bangor for the purpose of improving property
drainage. Said easement shall be in a final form as approved by the City Solicitor or Assistant
City Solicitor.
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EASEMENT
PATRICIA KEANE ("GRANTOR"), formerly known as Patricia L. Smith, of
137 Fruit Street, Bangor, Maine 04401, grants to the CITY OF BANGOR ("CITY"), a
municipal corporation existing under the laws of the State of Maine and having a mailing
address of 73 Harlow Street, Bangor Maine 04401, a perpetual non-exclusive easement in
gross to locate, install, maintain, repair, replace and operate storm drain pipes, lines,
valves, pumps and appurtenances thereto in a part of a certain lot or parcel of land located
at 137 Fruit Street in the City of Bangor, County of Penobscot, State of Maine and being
more particularly described as follows (the `Basement Area"):
Beginning at a point located on the easterly sideline of Fruit Street a
distance of 59' more or less in the southerly direction from the northwest
corner of said lot as described and recorded at the Penobscot County
Registry of Deeds in Book 5319, Page 311;
Thence turning easterly and running parallel a distance of 59' more or less
from the northerly sideline of said lot a distance of 71.5' more or less to
the easterly sideline of the property of said lot. Said drainage easement to
extend 10' wide on both sides of described line for a total of 20' wide.
The above-described easement is meant and intended to encompass an area of 0.03 acres,
more or less.
The above described lot or parcel of land is located within the premises granted to
Patricia Keane, formerly Patricia L. Smith, as described in Book 5319, Page 311 of the
Penobscot County Registry of Deeds.
The Grantor agrees that she, her successors and assigns shall not plant or
construct trees, shrubs, buildings or other structures within the Easement Area described
above without the City first agreeing to said planting or construction, but the Grantor
shall otherwise have full use and enjoyment of her property. 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 located within the Easement Area, excepting only any buildings or
structures existing as of the date this Easement was signed.
: This Easement is made subject to the following three conditions: that (1) any
exercise of the rights herein granted to the City 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 or its designees; (2) after each
entry upon the Easement Area by the City for the aforesaid purposes, the City will
promptly restore the surface of the Easement Area as nearly as practicable to the same
condition as existed prior to such entry; and (3) the City 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 Area and shall promptly repair any
damage to such structures or improvements arising from the exercise of the rights granted
hereunder.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed
and witnessed, this _ day of 92016.
WITNESS
STATE OF MAINE
COUNTY OF
GRANTOR
Patricia Keene
On , 2016, personally appeared before me the above-
named Patricia Keene, and acknowledged the foregoing to be her free act and deed.
Notary Public/Maine Attorney at Law
Printed Name: