HomeMy WebLinkAbout2013-10-16 13-326 ORDERCOUNCIL ACTION
Item No. 13-326
Date: October 16, 2013
Item/Subject: Order, Authorizing Acceptance of a Drainage Easement — 33 Mildred Avenue
Responsible Department: Engineering
Commentary: This Order will authorize the acceptance of a twenty foot wide drainage
easement at 33 Mildred Avenue. Recently the City has been in contact with the owner of 33
Mildred Avenue, Thirty -Three Realty, LLC for the purpose of extending an existing culvert on
Mildred Avenue, to which he was agreeable.
The City proposes to extend the existing drainage ditch through a portion of the property to
stabilize the Sucker Brook stream bank, requiring a twenty foot drainage easement and to
extend approximately forty feet. This has been reviewed and recommended for approval by the
Infrastructure Committee on October 7, 2013.
Manager's Comments:
Associated Information:
Budget Approval: .
Legal Approval:
Introduced for
Passage
First Reading
Referral
Easement, Location Map, Council Order
Arthur B. Morgan, P.E.
Department Head
Uz
P W-
Clity.:-
Finance Director
Page _ of _
City olicitor
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OCTOBER 16, 2013
G Assigned to Councilor Civiello
9
� e CI`T'Y OF BANGOR
(TITLE.) ORDER, Authorizing Acceptance of a Drainage Easement — 33 Mildred Avenue
By the Oty Coundl of the City of Bangor:
ORDERED,
That City Manager is authorized to accept a drainage easement from Thirty -Three Realty, LLC
of 33 Mildred Avenue to the City of Bangor for the purpose of extending an existing culvert for
the purpose of stabilizing the Sucker Brook stream bank, in a twenty foot wide easement and
approximately forty foot in length. Said easement shall be in a final form as approved by the
City Solicitor or Assistant City Solicitor.
IN CITY COUNCIL
October 16, 2013
Passed
CITY ERR
13-326
OCTOBER 16, 2013
EASEMENT
THIRTY-THREE REALTY, LLC ("GRANTOR"), a Maine corporation
having a place of business in Bangor, Maine, 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 on a certain parcel of land
located at 33 Mildred Avenue in the City of Bangor, County of Penobscot, State of Maine
on the northerly portion of land now or formerly owned by Thirty -Three Reality LLC and
recorded in a deed from The American National Red Cross to Thirty -Three Reality LLC
dated February 2, 2009 and recorded in the Penobscot County Registry of Deeds, Book
11648, Page 240, said easement being more particularly described as follows (the
"Easement Area"):
Beginning at a point on the westerly sideline of Mildred Avenue at a
existing 30 inch culvert, said point being 65 feet more or less in a
southerly direction from an iron rod set at the northeasterly corner of said
lot of Thirty -Three Reality LLC, which also marks the westerly sideline of
Mildred Avenue, thence following along a tributary drainage ditch of
Sucker Brook in a northwesterly direction to a iron rod at the
northwesterly corner of said lot of Thirty -Three Reality LLC, also being
on the southerly corner of lot now or formerly of Bansco Federal Credit
Union as recorded in a deed from B & J Ceramics to Bansco Federal
Credit Union dated December 9, 1992 and recorded in the Penobscot
County Registry of Deeds, Book 11648, Page 240.
The above described Easement Area is conveyed for easement use by the City of
Bangor for the purpose of maintaining the drainage ditch through this portion of the
property. The width of the easement shall be 20' feet wide, with the above described
tributary drainage ditch being the centerline of the easement.
The Grantor agrees that it, its successors and assigns shall not plant or construct
trees, shrubs, buildings or other structures within the Easement Area without the City first
agreeing to said planting or construction, but the Grantor shall otherwise have full use
and enjoyment of its 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
13-326
OCTOBER 16, 2013
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 as of the date this Easement
was signed 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 GRANTOR
Name:
STATE OF MAINE
COUNTY OF
On , 2013, personally appeared before me the above-
named , and acknowledged the foregoing to be his free act and deed.
Notary Public/Maine Attorney at Law
Printed Name:
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