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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 13-326 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: 0 5 0 6 • � �� 1 3 � 0 90 120 ` Feet •r - y n