HomeMy WebLinkAbout2015-12-14 16-039 ORDERCOUNCIL ACTION
Item No. 16-039
Date: December 14, 2015
Item/Subject: ORDER, Authorizing Acceptance of Easement from Bangor Target Area
Development Corporation (Map R10, Lot 007F)
Responsible Department:
Commentary: This Order will authorize the City Manager to accept an easement from Bangor
Target Area Development Corporation. Bangor Target Area Development Corporation (Target)
is the owner of a lot (Lot 7) in the Dowd Industrial Estates on the Odlin Road. The subdivision
approval provides for a detention pond on the lot. Target is conveying the lot to an abutter and
would like the City to have the right, but not the obligation, to enter the lot with workers and
equipment to alter, maintain, repair and reconstruct the storm water detention pond and related
drainage improvements.
The proposed easement does not impose any obligations on the City, but gives the City the right
to take action with regard to the detention pond and drainage should it ever become appropriate
for the City to do so. This item was reviewed and recommended for approval at the December
8, 2015 Business and Economic Development Committee.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Passage
First Reading
Referral
Department Head
Page _ of _
City ka—nir'gffi,
Finance Director
icitor
16-039
DECEMBER 14, 2015
Assigned to Councilor Durgin
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(TITLE.) ORDER, Authorizing Acceptance of Easement from Bangor Target Area
Development Corporation (Map R10, Lot 007F)
WHEREAS, Bangor Target Area Development Corporation (Target) is the owner of a lot (Lot 7)
In the Dowd Industrial Estates on the Odlin Road. The subdivision approval provides for a
detention pond on the lot, and
WHEREAS, Target is conveying the lot to an abutter and would like to grant the City an
easement giving the City the right, but not the obligation, to enter the lot with workers and
equipment to alter, maintain, repair and reconstruct the storm water detention pond and
related drainage improvements; and
WHEREAS, it would be beneficial to the City to have the right should the need to take action
ever arise.
ORDERED,
That Catherine, M. Conlow, City Manager is hereby authorized on behalf of the City of Bangor
to accept an easement form Bangor Target Area Development Corporation granting the City the
right, but not the obligation, to enter lot 7 in the Dowd Industrial Estates on the Odlin Road
with workers and equipment to alter, maintain, repair and reconstruct the storm water
detention pond and related drainage Improvements. Said Easement shall be substantially in the
same form as attached hereto and in a final form as approved by the City Solicitor or Assistant
City Solicitor.
IN CITY COUNCIL
DECEMBER 14, 2015
PASSED
CITY CLERK
16-039
DECEMBER 14, 2015
EASEMENT
BANGOR TARGET AREA DEVELOPMENT CORPORATION, a Maine non-profit
local development corporation located at Bangor, County of Penobscot, State of Maine, for
consideration paid, grants to the CITY OF BANGOR, a municipal corporation located in
Bangor, County of Penobscot, State of Maine, a storm water easement on a parcel of land located
in Bangor, Penobscot County, Maine, described as follows:
The Storm Water Detention Pond Easement Area on Lot 7 as depicted on an
Amended Subdivision Plan of Dowd Industrial Estates recorded in the
Penobscot County Registry of Deeds in Map File 135-89.
The easement granted hereby includes the right, but not the obligation, to enter on to Lot
7 with workers and equipment to alter, maintain, repair and reconstruct the storm water detention
pond and related drainage improvements located within said Easement Area. Prior to any such
entry, Grantee shall consult with the owner of Lot 7 concerning access to the Easement Area
over the remainder of Lot 7.
By accepting delivery of this easement, Grantee agrees, for itself and its successors and
assigns, to restore Lot 7, as near as practicable, to the same condition that existed prior to the
exercise of any rights hereunder.
Lot 7 and the Easement Area located thereon being a portion of the premises conveyed
by Maplewood Poultry Company, by Richard E. Poulos, Receiver in Bankruptcy, to Bangor
Target Area Development Corporation by a Release Deed dated April 23, 1980, recorded in the
Penobscot County Registry of Deeds in Book 3093, Page 56.
IN WITNESS WHEREOF, said BANGOR TARGET AREA DEVELOPMENT
CORPORATION has caused this instrument to be duly executed on its behalf this day of
, 2015.
WITNESS: BANGOR TARGET AREA
DEVELOPMENT CORPORATION
Rodney G. McKay
Its Executive Manager
STATE OF MAINE
PENOBSCOT, ss.
16-039
DECEMBER 14, 2015
2015
Personally appeared the above-named Rodney G. McKay, in his capacity aforesaid, and
acknowledged the above instrument to be his free act and deed and the free act and deed of said
Bangor Target Area Development Corporation.
Before me,
Notary Public/Attorney at Law
Printed Name: