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Home My WebLink About2007-03-12 07-112 ORDERItarI. 07 112 Date: March 12, 2007 Item/Subject Order, Authorizing the City Manger to ExeaRe an Easement to Cure a Setback Violation at N Hillview Drive Responsible Department: Legal This Order authorizes the City Manager to execute an easement to the owner of ]v Hillview Drive (lot 22) to cure a setback violation. Dump construction, the location of the foundation was moved a few feet in order to amid ledge and a drainage route. While moving a house a couple of feet to the side normally vrould not have been a problem, It created a setlavk violation for this house because It Is bcetetl on a corner lot, which has a 25'setback from each road, rather than a 25' from setback and a 10'slde setback. In the past, such inadvertent violations have been erred "a Oty granting an easement on a small portion of the rlght-&F to the property owner provided that the easement would not interfere vlrth the use and operation of the right-of-way. The Transportatbn & Infrasbuclure Committee recommended approval at 15 March 6, 2007, meeting. Manager's Commensals: Associated Information: Order tue•^^n Budget Approval: Departmem Head Finance Director Legal Approval: C Solidtor Introduced for j X passage _First Reading Page _of_ Referral 03/12/2007 Assigedwcowcaw Palm: 07 112 g CITY OF BANGOR (TITLE.) ORDER, Authorizing the City Manger to Execute an Easement to Cure a Setback Violation at 7v Hillview Drive. BE IT ORDERED BY ME CITY COUNCIL OF THE CITY OF BANGOR MAT the City Manager Is authorized, on behalf of the City of Bangor, to a to an easement for a three foot strip of land situated in the Hillview Drive right-of-way and adjacent to N Hlllvlew Drive (lot 22) sufficient to cure a three-foot building setback violation for the sum of five hundred dollars ($500.00). The easement shall not interfere with the use and operation of the right-of-way and shall be in a form to be approved by the City Solicitor or Assistant City Solicitor. I9 CITY COMCIL _ tlar�h 12. 2007 Y ed R W-ffi ITS CL5RH 0 R h R R tt, City u Grecete anFEasement: to Cute ^ Setback W till It I•. e Ai/Id1J 07 112 I�Ygu_3uul Eeeemem made Ibis day of 2007, by and between the City of Bangor (hereinafter rel'ared an as Grantor), a maoicipal corporation Interest in Bangor, Penobscot County, Maim, and of Bangor, hbine(hereinafter referred to as Graeae). WITNESSETH: WHEREAS, Grvrtor is the owner of Hillview Drive right-of-way, and W H EBEAS, Grancee is the owner of a cerin parcel of real property improved with a single- family resideme heated o i lot 22 of the Judson Heights subdivision Phase H, Hillview Drive m Baogor, Maine: and WHEREAS, Grantee seeks an easement from Generate to meet the setback rryuv®ente of the City of Bangor's IsM Development Code in order to cure a setback violation. NOW, THEREFORE, for consideration paid by Grantee to Grainer and in consideration of the covenants and agreements hereinafter set forth, Grantor dam hereby gam b Grantee, subjeMb " the terms and conditions hereimfter set Ruth, an easenent to use for the purpose of meeting the City of Extent's Land Development Code setback requirements, the premises described is Exhibit A - anactred hereto and mcorporated by reference hereto Grantor retains the right to construct, maintain, use and operate, on the present grade, or such gone as it may establish in the Curve, its strcetq sidewalks, drainage structures and ditches, sewn lines and water lines, in, upon. along or across any or all pans of Grantor's HJlside Drive right-of- way adj aeem to the aforedescribed premises, all or any of which may be freely dose at any time in times by Dinner, its employees, agents, or successors, without liability to Grantee or to anyone else for compensation or damage. Grantee does forever release Grantor Born all claims or demsnds which Creates, Itis sumessom and assigns, may have or hereafter acquire against Grantor by reason_ ofor accomtofmyinjurymNaimedmtheaf mendonedpremisesorar Vmv®ass thereon, of my nature whatsoever, on account ofGmnter's right to use said premises. ILe rights confined hereby shall be the privilege of the Grantee and its successors and assigns aM no other one is permitted than for the purpose stated herein without the prim written <oveent of the Crtanmr. This easement shall ruminate in the event that Graeae or its maeasom no longer need the wbjempremisesfor Neparpouofineetimgthese@eckrequirementsofthe CityofBan eslamd - DevalopmeMCode. Failure an the pan of DisMor ro complain of my action or rma-actim of Grana no runner how long the same may oontlnue, shall never be deemed a waiver by Gramor of any of its rights hereunder. This easement shall be binding upon the successors. sensors, lessees, Bcenseea, and assigns of Gramm and (nese for as long as it ravaim in fall force and affect. 07 112 WW LESS WHEREOF, the City of Bangor has causal this instrument to be executed, acknowledged, aW delivered in its name acl b"fby Edward A. Barest, its City Manages, thereunto duly authorized, and Grata Bertin, lets caused this nothm ntb be executed, ackmwlaged, delivered ad duly auNomcxl. CITY OF BANGOR Witham; Edward A. Haman Its City Manager Witness STATE OF MA PENOBSCOT, as. Then personally appeared the above-named Edward A. Banat, City Manager, and acknowledged the foregoing inetwnent w be his Ga act and deal in his said capacity, and the Gee act amd dad of said body wMatate. Before me, Notary Public/Attorney-at-Law My Commission Expires STATE OF MAINE PENOBSCOT, m. Thmpersotally and edackcMtheabove-named mwledged the foregoing instrument [0 6e BIB Gee act avddad. Before me, Notary PubadAnomey-9 Law My Commission Exphes 07 112 Exhibit A Hillview Easement City of Bangor to Bangor, Maine A certain lot or parcel of land situated in the City of Bangor, County of Penobscot, State of Maine, bounded and described as follows: Beginning at the intersection of the northeast line of LaSalle Drive and the southeast line of Hillview Drive at the westerly corner of Lot #22 as shown on a Plan titled "Judson Heights — Phase I" and recorded in the Penobscot County Registry of Deeds in Map File #2084-98; thence N 4903039" E, by and along said Hillview Drive, one hundred twenty -eve (125) feet to a point thence N 4002921" W three (3) feet to a point; thence 5 49030'39" W, parallel to the first mentioned bound, one hundred twenty-five (125) feet to a point; thence 5 4002921" E three (3) feet to the point of beginning. The bearings In the above description refer W the Maine State Coordinate System (MAD' 1927, Maine East Zone and was prepared by James M. Great, PLS #1129, 73 Harlow - St., Bangor, Maine.