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Home My WebLink About2004-05-10 04-132 ORDERRem NO. 04-132 Date: 05-10-04 Itemjgubjea [ ORDER, Authorizing ExeaCmn of Municipal Quitclaim Deed for Three -Foot Ship of Land at 247 State Street in Exchange for a Sewer Easement at 263 State Street Responsible Department Legal Commentary: TbeEngiMving INTarenent needs to acquires sewer unconcern over a portion crone parking lot loomed at263 State Stet in order to relocate and reconstruct an exining saner line The Engineering Department negotiated aproperty swap with the ownerofthe parcel, GM, Inc, whereby GM would give the City the easernent and the City would give GM a toree-finot strip of land between 263 State Street and the City's Fire Museum in order to tuns a building roacM1ment lana.(A portion ofGHN's building is on and overhangs the City's propenyl The City Hretmna sewer dad on theMreafocr ehlp- The Finance Committee recommended approval ofthia it=9 its May 3, 200 meaning. Departnent Head Manager's Comments: ppQ,lr'Yv��n City Manager Associated! Information: WML Flnanre Director In used for Passage First Reading Page — of 04-132 j Asai�Cdb CowWbr G�etvic4 May 10, 2006 CITY OF BANGOR (TYLE,) ORDER, Authorizing Execution of Municipal Qulklaim Deed for Three -Foot Strip of Land at 247 State Street in Exchange for a Sewer Easement at 263 Sate Street. By toe Qty Camv1 ofthe Oty of&trgd: ORDERED, TNT Deborah A. Cyr, Finanee Director, is hereby auwomad aM directed, on behalf a the Ory of Bangor, w exearte a Munklpal Qultdalm De 1 releasing a Nree-faot strip of laal at 247 State Skeet to GHN, Iz, in exchange for a seas easement at 263 State Street Drafts of both documents are attaChed hereto, final wkn w be appw by the City Solobor or Assistant❑ty khator. I® CITY COUNCIL - t 10, 2006 Passed /N nyti) I ORDER (TITLE) N uttrmrieamg �aacdaa of NuefdfPal quitclaim usea - oo[ ti P O at 247 State Street InExchangefat a Sever Gssignedto Coundlor Ul4iFU1b-R. J� M-132 The CITY OF BANGOR, s municipal corperation loaded in Penobscot County, Maine, as Gramm, for anslddation paid, releases mGJM, INC., a Maine corporation having a place of business in Burger, Penobscot County, Maine, as Grantee, a certain pashon of a lot or parcel of land, situated in the City of Bangor, Penobscot County Maine, more particularly descrihed m follows: Beginning at a point on the south side of State StrectN 62°45'08" E and ninety (90) feet from the intersection of Me east line of Salm Court and Me south line a State Street at the northeast comer as parcel of land of the City of Bangor as described in adeed firman William S. Mitchell to the City of Bangor dated June 7, 1847 and marded in the Parchment County Registry of Deeds in Vol. 175, P& 491 and a dad Mom Me City of Bangor b Charles W. Close deed Febmmy 17, 1869 and rearded in the Sentenced County Registry of Deeds in Val. 387, P& 288; thence S 27.59'42" E, by and along the east line a said City of Bangor, one hundred (100) fed to said City of Bangor's sedheae coma thence S 62°45'08" W, by and than; the south line of mid City of Burger, three (3) fcet thence N 20"59'42" W one hundred (1 u0) feet to the south line of said Stere Sc; thence N 62°45'08" E, by and along said State St, three (3) fed to the point of beginning The above described parcel of land is oriented In the Maine Stile Coordinate System (East Tone) HAD 1927, Enceptingand mArvingthe right toemer upon said Marc] with personnel, vehicles and equipment at all reasonable times for the purpose of consmactin& reconstructing, repairing, maintaining or mp]mingthe sanitarysewer building service loaded thereon. Grantee fuMcricesinsthe rightto trim, clear, cut orremove aayand all trees, brush or othervegemtion planted or neturallygmwing, and to =ovewybuildingorserratumhe ftfi localedondteparcelhemindescribed,asracessaryforMe purpose; stated herein. The said CITY OF BANGOR has caused this instrument to be seated with its corporate seal, and signed in its coggaram name by DEBORAH A. CYR, Finance Direuor, thereunto duty authmi d, this _ day of 2004. SIGNED, SEALED AND DELIVERED M THE PRESENCE OF: CITY OF BANGOR By. Debonab A. G}r Its: FinenceDinector STATE OF MAINE PENOBSCOT, as. J2004 Then personally appeared Ne above-named DEBORAH A. CYR, Finance Director, and acknowledged the featuring instrument to be her face set and deed in her mid capacity, and the flee act and deal of said body corporate. Before mq W-132 DRAFT EASEMENTDEBD (Sever Easement) L David F.Giroux of Brewer, Penobscot County, Maine, Trustm of FELIX G. REALTY TRUST, coder Declaration of Trust dated March 12, 1981, as gmntm, for consideration paid, giant to the CITY OF BANGOR, a municipal corporation organized and existing under the Taws of the State of Maine and located at Bangor, Penobscot County, Maine, a perpetual easement and right-of-way, over, across, in and to a portion of a certain parcel of land located at 263 State Street in said Bangor, Penobscot County, Maine, described m follows: A hourly (20) foot wide parcel of land, for the purpose of constructing using, maintaining, repairing and replacing a sanitary, sewer pipe, said sanitary sewer pipe crossing the above -describe] parcel in a generally easterly to westerly direction from Merrimac Street approximately fifty three (53) fat to a module, thence in a generally somberly to northerly direction approximately one hundred Evenly five (125) fest to a maMols, thence continuing in a southerly to northerly direction on the same coarse approximately twenty, (20) feet to its end point. Said sewer pipe is further depicted in a plan titled " Hmuock Street Area Sewer Separation Project Contract 2, Salem Court, Sta0i00 To Sm2+32, 263 Stale Street Sewer Sm.0+00 to Sffi1+93, Sheet No. 4 of 12" dated February 2004, on file at the City of Bangor City Engineer's Office. The centerline of said pared shall be as follows: Beginning at a point on the westerly sideline of Memmao Street approximately twenty and one half (20.5) fat northwesterly of the southerly sideline of said FELIX G. REALTY TRUST, thence in a southwesterly direction approximately fifty tures and one half (53.5) feet to a mnMole, thence in a northwesterly direction approximately ten (10) feet easterly of and parallel to an existing 15" vitrified day sewer line for a distance of one hundred twenty five (125) fear to a manhole, thence continuing on the same course twrnty (20) feet to an end point. The centerline shall also be the centerline of the proposed sanitary sewer pipe, as depicted in said plan. The easement granted herein frtber gams the Grantue his Contractors, arM Agents, a temporary construction easement, thirty (30) feet is width, for the sole purpose of constructing the proposed sanitary sewer pipe, the centerline of which shall be the centerline of the proposed sanitary sewer pipe, as depicted on said plan. This being a portion of a parcel of land described in Penobscot County Registry of Dceds Volume 3174, Page 31 04,132 The Grantors hereby covenant that no trees and no permanent buildings shall be pleaded, erected, or constructed within ten (10) ten feet of the above-described sewer pipe as shown on said plan. The foregoing prohibition shall not apply to existing buildings now showed on the gramors' premises. The City of Bangor, by its mcep+snce of the estate herein conveyed and by its recording of this instrument hereby covenants for itself, its successors, and assigns that (1) any exercise of the rigbts herein granted to it shall be conducted in the least intrusive manner practicable, and that any excavation installation, repair, or maintmusee activities pursuant to this easement shall be done in a good and workmanlike manner under the supervision of the City Engineer and his Agents; (2) after each entry upon said premises by the City of Bangor, its successors or assigns, for the aforesaid paryows, the City of Bangor, its successors, and assigns will promptly restore the surface of said premises as newly as practicable to the same condition as existed prior to such entry, and (3) the City of Bangor, its successors or assigns, mail exercise due were in the exercise of the right granted hereunder so as to minimize the disturbance of any structures now located on the Grantors' property and shall promptly repau any damage to such sometimes arising from the exercise of the rights granted hereunder. WITTNESS my hand and seal this day of , 200_ FELIX G. REALTY TRUST David F. Giroux, Trusam VJPNn County of Penobscot ss , 200_ Personally, appeared the above-named David F. Giroux, Trustee of FELIX G.REALTY TRUST and acknowledged the foregoing instrument to be his free act and deed. Before me, Notary Public Printed Name: