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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 R4 E0, E FE r (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. Cl- z y t4 Cl) r v, �c r� C) N O ' O � 011 C] H r 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: