HomeMy WebLinkAbout2004-02-23 04-85 ORDERItem No. 06-85
Data: February 23, 2004
Item/Subject: ORDER, Authorizing the City Manager to Execute an Easement Deed
and Consent- Bangor Parkade, Inc
Responsible Department: Legal
Bangor Parkade, Inc. is the developer for the Grant Trailer Sales, Inc. property on Stillwater
Avenue. As part of Its development, as with any development, it must provide for stormwater drainage.
Bangor Parkade, Inc. is requesting that the City grant a stormwater drainage easement across
City property and within the City right of way on Drew Lane and Garden Way and consent W using a
parcel upon which the City has an easement.
In October, 2003, the City Council, by Council Order 03-328, authorized the execution of a
stormwater drainage easement on another City parcel and a similar consent, but the needs changed and
it now would like the stormwater drainage easement In a different location and consent m use a different
City easement.
Department Head
City Manager
Associated Information: Easement Deed
Legal Approval:
Flmnce Director
City Solicitor
Introduced for New Business
x passage
_First Reading Page I of
Referral
M-85
AssigMEMcouMilw Parra gtm Pebxuexy 23, 2004
t CITY OF BANGOR
(TITLE.) ORDER, Authorizing the City Manager to Execute an Easement
Dead and Consent ---- Bangor Parkade, Inc.
By the Oty Couna/ofthe pry of Bangor:
ORDERED,
WHEREAS, Bangor Parkade, Inc. Is planning development on Stillwater Avenue in
Bangor; and
WHEREAS, Bangor Parkade, Inc. needs to obtain an easement deed and consent from
the City of Bangor for the purposes of stormwater drainage,
NOW, THEREFORE, by the City Council of the City of Bangor, be it
ORDERED,
THAT the City Manager, on behalf of the City of Bangor, Is hereby authorized and
directed to execute an Easement Deed and Consent between the Gty of Bangor and
Bangor Parkade, Inc. Said Consent shall permit the stonnwater drainage W include an
area across which the City currently has an easement. Said Easement and Consent are
attached hereto.
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EASEMENT DEED
KNOW ALL BY THESE PRESENTS, that THE INHABITANTS OF TRE
MUNICIPALITY OF BANGOR, a body corporae duly orgmusd and existing under the laws
of the State ofMaivq located M Bangor, Penobscot County, Maine ("Grantor'), for ($1.00) and
other good and valuable consideration paid by BANGOR PARKADE, INC., a Delaware
corporation ("Grantee"), with a mailing address of 149 Colonial Road, Manchester, Connecticut
06045, the receipt whereof is hereby acknowledged, does hereby give, gran, bagam, sell and
convey unto said BANGOR PARKADE, INC., its successors and assigns (whectivelg
"Oruntee"), with Quitclaim Covensa, a perpetual and exclusive easement (the "P semevt'�,
over certain mads and rights of way and other land ofGrsntor situated in said City of Bangor,
Penobscot County, Maine, as more particularly described on Exhibit A attached hereto and by
this reference incorporated herein (the "Graww s Property").
Easement No. l:
The first Easement granted hereby shall be the perpetual and exclusive right to install and
maintain within the "StonnwMer Pipeline Easement Area" (as defined below) pipes or conduits
for conveying drainage water and to lay, relay, align, repair, replace, towards, replace and
remove said underground pipes or conduits under said Stormweer Pipeline Easement Area,
together with aB necessary fixtures and appurtenances, including without limitation manholes
and surface access to such pipes and conduits and surface each basins, meters, vents, valves and
such other related equipment and apparatus, together with the right at all times to connect with
other pipes or conduits or other drainage facilities, to serer upon the Stonnwater Pipeline
Easement Area M ad times for the foregoing purposes (collectively, the "Stone wMu Drainage
System') and to enter upon "Drew Lane" amd "Garden Way", as described on Exhibit A attached
harem,forthepmpweofobt agaccesswthe Easement. All suchactivitiessballbe
undertaken a the sole cost and expense of Grantee. Such pipes and conduits shall be placed
underground, provided that Ounces shall have the right to instill on or above the surtce,
manholes, meters, vents, valves, pipes and conduits and such other equipment and appazms and
fixtures, which by their nature and purpose are located on or above the surface.
To the extent practicable and consistent with the purpose of the StonnwMer Drainage Systan,
Grantee agrees to latae the Stormwat" Drainage System within the Drew Lane and Gordan
Way right of way, but outside the paved area (the "Stormwater Pipehne'Fessemmi Area').
Where it becomes necessary to cross the paved travel ways of Drew Lane or Garden Way,
Grantee shall comply with any applicable rues and regulations pertaining to the opening of
public roads and fallowing such work, shell restore the surface of disturbed areas in accordance
with City of Bangor street opening regulations and requirements of the City Engineer.
Easement No. 2:
Also granting to Gramm the perpetual right to drain water from the Stormwater Drainage
System" across and on to "Grantor's Drainage Parcel", as described on Exhibit A attached
hereto, and to access Grantor's Drainage Parcel for related purposes said to facilitate and regulate
such drainage. It being the intention of the Greater that water drained from said Stormwater
06-85
Drainage System may be added to the existing water drainage corse across Gmamor s Parcel.
Creator may alter the location of said drainage course as it may dashe so long as adequate
provision is made m handle the flows of water.
If Grantee or its successors or assigns have not "substantially completed" a "Qualifying
Project" (as both terms are defined below) by the data door is five (5) years spar the dale of Us
Easarmat Deed (the "Project Completion Deadline"), Operate shall have the right, at any time
thereafter mail a Qualifying Project is substantially completed, to terminate the above Fasemevt
by giving written notice oftervdnatiov to Grantee at the address specified above, or such other
address as Grantee may specify th a document recorded in the Penobscot County Registry of
Deeds, (the "Easement Terrninefion Nofice"); provided, however, thaz such Contrast
Termination Notice shall be effective only if (i) at least six months prior to giving such Easement
Termination Notice, Granter shall have given Grantee written notice athe address specified
above, or such other address as Greater may specify in a document recorded in said Registry,
slating an intent to terminate Us Easement on the grounds that the Project Completion Deadline
had passed and that no Qualifying Project had been substantially completed ("Nofice of Intent to
Tormmam'� and (ii) no Qualifying Project was completed during the six months after the giving
of such Notice oflntem to Terminate and (iii) such Easement Termination Notice, together with
evidence of service of the same and a copy of the Notice of Intent to Terminate, are recorded in
said Registry. If a Qualifying Project is substmtially completed before an Easement Tammmon
Notice is given and recorded as provided above, Gravmi s right to terminate this Easement shall
be forever void. A recorded slmement that a Qualifying Project bas been subnormally completed
shall be conclusive evidence of the same, absent manifest error. For purposes of Us Easement
Dad, a "Qualifying Project" shell mean a project designed to convect into the Stormwater
Drainage System, as depicted on a Site Plan approved by the City of Bangor. For purposes of
this Easemem Dad, substantially completed shall mean the subsmntial completion of the shell of
any buildings depicted oa a site plan approved by the City of Bangor and required exterior
improvements, but shall not include interior fit up of any buildings nor any final paving or
landscaping, m the extent delayed to due winter or other weather tura ifiona.
The parties acknowledge and agree that the above easements are iu gross and that they,
rat to the benefit of Oradea, its successors and assigns, and do not run with or become an
appmmasvce of a specific properly. Notwithstanding the f going, the parties acknowledge and
agree that Omvms, its successors and assigns, may use Us Essementto benefit such property as
Grantee, its successors and assigns may own, lease or odcopy from free to time for the period of
such ownership, lease or occupation Notwithstanding any resMction or prohibition in common
law, this Easement and the Grantee's rights hereunder shall be assignable and may be used to
benefit different parcels of land from time to time.
TO HAVE AND TO HOLD with all privileges and appurte0ances thereto m said
Bangor Parkade, Inc., its successors and assigns, to its and their use and benefit forever.
.mMNoMmui
IN WTI'NFSS WHEREOF, ]he Inhabitants of Abe Municipality, of Badger have caused
this insawnent to be signal mad sealed by cdwa. d A n=..>rtibe duly authorized niry
Manager ,asasealed iasuTmeatasofthe 27 day ofFebmary, 2004.
WITNESS: TRE INHABITANTS OF THE
M INIC PALITY OF BANGOR
BYI BLIL
Its: City Manana
ger
Name: Edward A. Barrett
STATE OF MANE,
COUNTY OF PENOBSCOT, sa
On the X7rh day of Febrasry, 2004, peraovally appeared the above -neared Edward A.
Barrett as City Manager and acknowledged the foregoing to
be bush¢r free act and deed in his@er said capoety and the free act and deed of such
muMcipality.
Before In
Public
ted Name:
NORMAN S. HEITMANN, III
NOTARY PUBLIC • MAINE
MYCOMMISSIOR EXPIRES IANUARY31,E011
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N-85
EXHIBIT A
DESCRIPTION OF GRANTOR'S PROPERTY
PARCEL ONE -DREW LANE AND GARDEN WAY:
That certain 50 foot public right of way known as "Drew Lame" as depicted on that certain
Revised Final Subdivision Plan of Stillwater Gardens approved by the City of Bangor on
December 30,1985 and recorded in the Penobscot County Registry of Deeds as Plan D45-95 and
that certain 50 foot public right of way known as "Garden Way", which right of way intersects
with Drew Lane and runs in a generally southwesterly direction.
PARCEL TWO -GRANTOR'S DRAESAGE PARCEL:
That certain parcel of land situated im fie City of Bangor, Penobscot County, Maine, being the
sone premises conveyed to the City of Bangor by deed recorded in the Penobscot Registry of
heeds in Book 4908, Page 179 and identified on the City of Bangor Tax Map R55 as Lm 124.
» ",)A-1
CONSENT
THIS CONSENT, dated as of February.] 2004, is given by TRE
INHABITANTS OF THE MUNICIPALITY OF BANGOR abody tinplate duly
organized and existing under the laws of the State of Maine, located at Bangor, Penobscot
County, Maine (the "City).
RECITALS:
A. The City is the holder a certain 50 -foot sewer easement as described in
dad dated September 13, 1965 and recorded the Penobscm County Registry of Deeds N
Book 2022, Page 328 and in dee! dated September 29,1971 and recorded in said
Registry of Deeds in Book 2228, Page 595. Sucheasememisalsodepictelonaplan
entitled Solarium Avenue to Me rdowbrook, and ideririfred as Bangor City Engineering
Department Plan No.S-644. Sucheaeementisalwdepictedinpmtonthatarminplan
entitled "Revised Final Subdivision Plan of Stillwater Gardens" recorded in said Registry
of Deeds as Plan D45-95 (the "City Sewer Easemrnf). The area over which the City
Sewer Easement runs is referred to herein as the"Sewer Easement Area". The City
Sewer Easement encumbers land now or formerly owned by LTI, Inc. a Maine
corporation C'Landownw'), which land is identified on the City of Bangor Tax Map R-55
as Lot 12.
B. Bangor Parkade, Inc., a Delaware wrpomfion ("BPI') is seeking
asements of other permission from Landowner toren pipes and conduits for drainage
under its property. BPI has requested the City's consent to lay such pipes and conduits
ova, under and through the Sewer Easement Area. The City is prepared to do so on the
conditions set forth herein.
CONSENT
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which we hereby acknowledged, the City hereby agrees as follows:
1. The City hereby consents to BPI's easement and such pipes and conduits
- mining over, through and wiNinthe Sewer Easement Area. BPI's easement may include
the right to install and maintain pipes and conduits for conveying drainage water and to
lay, relay, align, repair, replace, maintain, and remove such pipes and conduits, together
with all necessary fixtures and appurtenances, including without IindU[lon-maMoles and
surface access to such pipes and conduits and surface catchbasins, verns and such other
related equipment and apparatus (collectively. the "Smnnwater Drainage System'),
within the Sewer Easement Area, together with the right to allow upon the Sewer
Easement Area at all times for obtaining access to such facilities.
2. Such pipes and conduits shall be located generally as shown on the sketch
atfsched hereto as EXIBBIT A.
WPI LVMINI M)
3. All such pipes and conduits shall be underground, Provided that BPI shall
have the right to install on or shove the surface manholes catchbasirs, vents and nils
equipment, apparatus and fixtures which by their naNre or purposes are located an or
above the surface.
4. All such pipes, conduits and other equipment and apparatus of BPI, shall
be installed and maintained by BPI's at its sole cost and expense and at its own risk. BPI
does hereby release the City from any liability or loss to person or property arising out of
the use or existence of such Stormwater Ihainage System, except to the extent caused by
the gross negligence or wilful conduct of the City.
5. Except as provided in the next Sectio4 this Consent shall be irrevocable
and shall ren an the benefit of BPI, its successors and assigns.
6. If BPI or its successors or assigns have not "subsravrially completed" a
"Qualifying Project" (w both terms are defined below) by the date that is five (5) years
after the data of this Consent (the "Project Completion Deadline"), the City shall have the
right, at any time thereafter until a Qualifying Project is substantially completed, to
terminate the above Consent by giving written notice of termination to BPI at the address
specified above, or such other address as BPI may specify in a document recorded in the
Pembscot County Registry ofDeels, (the "Consort Termination Notice"); provided,
however, that such Consent Termination Notice shall be effective only if (i) at least six
months prior m giving such Consent Temdnation Notice, the City shall have given BPI
written notice at the address specified above, or such other address as BPI may specify in
a document recorded hen said Registry, sfafing an intent to rermhate this Consent on the
grounds that the Project Completion Deadline had passed and that no Qualifying Project
had been substantially completed ("Notice of Intent ro Terminate") and (u) no Qualifying
Project was completed during rhe six months after the giving of such Notice of latent to
Terminate and (iii) such Consent Termination Notice, together with evidence ofservice
of the same ant a copy of the Notice of Intent m Terminate, are returned nm said Registry.
If Qualifying Project is substantially completed before an Consent Termination Notice
is given and recorded as provided above, the City's right to terminate this Consent shall
be forever void. Arecorded statement that a Qualifying Project bas been substantially
completed shall be conclusive evidence of the same, absent manifest mar. For purposes
of this Carrara, a "Qualifying Pavject" shall mean a project designed to connect into the
-
Stmmwater Drainage System, as depicted on a Site Plan narrowed by the Citv of Banner.
'the shell of my buildings depicted on a site plan approved by the City of
quired exterior improvements, but shall not include interior fit up of my
shall not include any final paving or landscaping to the extent delayed to
other weather conditions.
wNV1` nabm".n
O44N
IN WITNESS WHEREOF, The IMabit,.m= ofthe Municipality ofBangorhave
caused Us instrumentto be signed and sealed by Edward A. Barret E theduly
authorized Citir Manager esesealed inmvment, as ofthe
27th dayof Februerg2004.
159 Y Oa M.S91
THE LtlBABITANTS OF TBE
MBPi][CC//IAPALIgT^Y OF BANGOR
By: IXGM.� (L
Ita: Citg Manager
Name: Edward A. Barrett
STATE OF MAINE,
COUNIYOF Penobscot as
On the 2�xh day of February, 2004, personally appeared the above-narned
Frlward a. narrow .as City Manager and acknowledged the
foregoing b be his/her free act and deed in his/her said capacity and the free act and deed
of such municipality.
Before me,
N 'edrand Name:
NO NOTARY PUB0C-MAINE III
MY COMMISSION EXPIRES IANUARY ]1.1011
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