HomeMy WebLinkAbout2008-12-22 09-024 ORDERCOUNCIL ACTION
Item No. o g 024
Date: December 22, 2008
Item/Subject: Order, Authorizing the City Manager to Execute an Easement Deed to
Down East Emulsions — Bennett Street
Responsible Department: Legal
Commentary:
Bennett Street was laid out as a public street in 1963. In 1999, the City granted then owner
Koch Materials an easement for the limited purpose of maintaining, repairing, and replacing a
chain link fence, rail spur, and an earthen dike. In 2005, the City granted the property owner,
Down East Emulsions, an easement to meet setback requirements for some improvements that
it did to the property.
This Order will grant Down East Emulsions another easement to enter, construct, maintain,
repair, or replace a security fence and to enter, construct, operate, maintain, replace, or repair
pipes, valves, switches, pumps and other such facilities as may be required to off-load railroad
tank cars placed on the siding track now located within the Bennett Street right of way.
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Manager's Comments:
This has been reviewed and is recommended by the Transportation and Infrastructure
Committee.
City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced for
X Passage
First Reading
Referral
39 024
Assigned tO Councilor D'Errico December 22, 2008
CITY OF BANG
(TITLE.) ORDER, Authorizing the City Manager to Execute an Easement Deed to
Down East Emulsions — Bennett Street
By the City Council of tete City of Bangor.
ORDERED,
THAT the City Manager is hereby authorized and directed, on behalf of the City of Bangor, to
execute an additional Easement Deed to Down East Emulsions for the purpose of meeting
setback requirements along the Bennett Street right-of-way to enter, construct, maintain, repair
or replace a security fence and to enter, construct, operate, maintain, replace, or repair pipes,
valves, switches, pumps and other such facilities as may be required to off-load railroad tank
cars placed on the siding track now located within the Bennett Street right of way. The
Easement Deed shall be in a form substantially as attached hereto and in a final form approved
by the City Solicitor or Assistant City Solicitor.
IN CITY COUNCIL
Dece r 22, 2008
Pass
# og-0'4 _
TY CLERK O RDE R
(TITLE,) Authnri zing the City Managpr to
Execute an Easement Deed to Down East
F.littil si n"s - Rennptt itreat
Assigned to Councilor, 1>
EASEMENT 09 024
Easement made this day of _ , 2008 by and between the City of
Bangor (hereinafter referred to as Grantor), a municipal corporation located in Bangor,
Penobscot County, Maine, and Down East Emulsions, LLC, of Bangor, Maine (hereinafter
referred to as Grantee).
WITNESSETH:
WHEREAS, Grantor is the owner of Bennett Street -of -way; and
WHEREAS, Grantee is the owner of a certain developed lot or parcel on Bennett Street
in Bangor, Maine; and
WHEREAS, Grantee's is seeking an easement from Grantor to contract a security fence
and operate that part of its facilities to off-load railroad tanks.
NOW, THEREFORE, for consideration paid by Grantee to Grantor and in consideration
of the covenants and agreements hereinafter set forth, Grantor does hereby grant to Grantee,
subject to the terms and conditions hereinafter set forth, an easement to use for the purpose of
constructing, maintaining, repairing, or replacing a security fence and for the purpose of
constructing, operating, maintaining, replacing or repairing pipes, valves, switches, pumps and
other such facilities as may be required to off-load railroad tank cars, the premises described in
Exhibit A attached hereto and incorporated by reference herein.
Grantor retains the right to construct, maintain, use and operate, on the present grade, or
such grade as it may establish in the future, its streets, sidewalks, drainage structures and ditches,
sewer lines and water lines, in, upon, along or across any or all parts of Grantor's West
Broadway right-of-way adjacent to the aforedescribed premises, all or any of which may be
freely done at any time or times by Grantor, its employees, agents, or successors, without
liability to Grantee or to anyone else for compensation or damage. Grantee does forever release
Grantor from all claims or demands which Grantee, his successors and assigns, may have or
hereafter acquire against Grantor by reason of or on account of any injury sustained to the
aforementioned premises or any improvements thereon, of any nature whatsoever, on account of
Grantee's right to use said premises.
The rights conferred hereby shall be the privilege of the Grantee and its successors and
assigns and no other use is permitted than for the purpose stated herein without the prior written
consent of the Grantor.
This easement shall terminate in the event that Grantee or its successors no longer need
the subject premises for the stated purposes described herein.
Failure on the part of Grantor to complain of any action or non -action of Grantee no
matter how long the same may continue, shall never be deemed a waiver by Grantor of any of its
rights hereunder.
This easement shall be binding upon the successors. tenants, lessees, licensees, and
assigns of Grantor and Grantee for as long as it remains in full force and effect.
09 0241'
IN WITNESS WHEREOF, the City of Bangor has caused this instrument to be executed,
acknowledged, and delivered in its name and behalf by Edward A. Barrett, its City Manager,
thereunto duly authorized, and Down East Emulsions, LLC, Grantee herein, has caused this
instrument to be executed, acknowledged, delivered and duly authorized.
Witness
CITY OF BANGOR
Edward A. Barrett
Its City Manager
DOWN EAST EMULSIONS, LLC
Witness By:
Title:
STATE OF MAINE
PENOBSCOT, ss. , 2008
Then personally appeared the above-named Edward A. Barrett, City Manager, acid
acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the
free act and deed of said body corporate.
Before me,
Notary Public/Attorney-at-Law
My Commission Expires
STATE OF MAINE
PENOBSCOT, ss.
2008
Then personally appeared the above-named ,
, and acknowledged the foregoing instrument to be his free act and deed in
his said capacity, and the free act and deed of said body.
Before me,
Notary Public/Attorney-at-Law
My Commission Expires
2
EXHIBIT A 09, 0 4
Real Property Description
Bennett Street Easement
City of Bangor to Down East Emulsions, LLC
Bangor, Maine
A easement in certain lot or parcel of land with the improvements thereon situate in the City of
Bangor, County of Penobscot, State of Maine, more particularly described as follows:
beginning at the southeasterly corner of the easement area described in a deed from City
of Bangor to Down East Emulsions, LLC, described in a deed recorded in Penobscot
County Registry of Deeds, Volume 10086, Page 103; thence along the easterly boundary
of said easement area, North 17 degrees, 58 minutes, 15 seconds East, a distance of 20.0
feet to the northeasterly corner of said easement area; thence South 72 degrees, 1
minutes, 45 seconds East a distance of 134.2 feet to the centerline of "D" Street, now
Bennett Street, as delineated on a plan for Bangor Real Estate Development Co., recorded
in Penobscot County Registry of Deeds, Plan Book 16, Page 35; thence southeasterly
following the centerline of Bennett Street a distance of 320 feet, more or less, to the
easterly sideline of the 66 -font wide spur track easement extending in a generally
northerly direction from the main tract. of Maine Central Railroad Company as shown by
said plan; thence along the westerly line of said 66 -foot wide spur tract easement, South
11 degrees, 46 minutes, 30 seconds West a distance of 42.2 feet to a point of intersection
with the easterly extension of the southerly boundary of land described in a deed to Down
East Emulsions Limited Liability Company recorded in Penobscot County Registry of
Deeds, Volume 7238, Page 111; thence along said easterly extension of said southerly
boundary line, North 77 degrees, 45 minutes, 15 seconds West, a distance of 24.4 feet to
the southwesterly line of Bennett Street; thence northwesterly following the
southwesterly line of Bennett Street a distance of 443 feet, more or less, to the point of
beginning.
Bearings referenced herein are oriented to magnetic north, 1954, as determined by a survey
conducted by Plisga & Day, Land Surveyors.
Richard A. Day
11-03-2008
PLISGA & DAY - LAND SURVEYORS