HomeMy WebLinkAbout2013-10-16 13-325 ORDERCOUNCIL ACTION
Item No. 13-325
Date: October 16, 2013
Item/Subject: Order, Authorizing Acceptance of a Drainage Easement — 137 Fruit Street
Responsible Department: Engineering
Commentary: This Order will authorize the acceptance of a fifteen foot wide drainage
easement from Patricia Keane of 137 Fruit Street to the City of Bangor to relieve flooding on the
property.
Recently the City was approached by Patricia Keane of 137 Fruit Street, requesting a relief from
a drainage problem on her property at 137 Fruit Street. The flooding is believed to be from a
combination of the Fruit Street School and Cameron Stadium. To help eliminate flooding on 137
Fruit Street, the City proposes to install a catch basin closer to the front of the property with an
additional line and catch basin at the rear of the property in an easement area fifteen foot wide
and a distance of approximately 80 feet. Total easement area to encompass an area of
approximately 1,200 square foot. This has been reviewed and recommended for approval by
the Infrastructure Committee on October 7, 2013.
Manager's Comments:
Associated Information: Easement, Location Map, Council Order
Budget Approval:
Legal Approval:
Introduced for
Passage
First Reading
Referral
Arthur B. Morgan, P.E.
Department Head
Finance Director
Page _ of _
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OCTOBER 16, 2013
_ Assigned to Councilor Hawes
IM
0, CITY OF BANGOR
A4�jEp,FE r
(TITLE.) ORDER, Authorizing Acceptance of a Drainage Easement —137 Fruit Street
By the Ofy Council of the Oty of Bangor.
ORDERED,
That the City Manager is authorized to accept 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.
IN CITY COUNCIL
October 16, 2013
P ed
CITY CLERK
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OCTOBER 16, 2013
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 at the southwesterly corner of a parcel described in
Book 5319, Page 311 of the Penobscot County Registry of Deeds as
belonging to Patricia L. Smith of Bangor;
Thence going generally northward following the easterly boundary of the
Fruit Street right of way a distance of fifteen (15) feet;
Thence turning eastward and running parallel to the southerly line of the
aforementioned lot a distance of eighty (80) feet, more or less, to the
easterly lot line of said property;
Thence running southward along the rear property line of said lot, a
distance of approximately fifteen (15) feet to the southeasterly comer of
said property;
Thence running westward along the southerly boundary of said property a
distance of eighty (80) feet, more or less, to the point of beginning.
The above-described easement is meant and intended to encompass an area of 1,200
square feet, 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
13-325
OCTOBER 16, 2013
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 , 2013.
WITNESS
STATE OF MAINE
COUNTY OF
GRANTOR
Patricia Keane
On , 2013, personally appeared before me the above-
named Patricia Keane, and acknowledged the foregoing to be her free act and deed.
Notary Public/Maine Attorney at Law
Printed Name:
C
KEANE PROPERTY
137 FRUIT STREET
T MAP 53, LOT 212
m
NEW CB
EXISTING DMH
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OCTOBER 16, 2013
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