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HomeMy WebLinkAbout2005-07-25 05-245 ORDERCOUNCIL AMON Item No. 05-235 Date: July 25, 2005 Item/Subject: ORDER, Authorizing the City Manager to Execute an Easement Deed to Down East Emulsions - Bennett Street Responsible Department: Legal This Order authorizes the City Manager to execute an Easement Deed to Down East Emulsions for the purpose of meeting setback requirements along the Bennett Street right-of-way, most of which has not been constructed. The Transportation & InfasWctme Committee reviewed the matter on July W and recarnmerals approval Department Head Associated Information: Easement Dead Budget Approval: kc, City Manager Finance Director C Solicitor Introduced for Consent Agenda v� passage _ First Reading Page _j__ of 5 Referral Mupw to Councilor Cashuell July 25. 2005 .,.,, CITY OF BANGOR (MILE.) ORDER, Authwivng the City Manager b Execute an Easement Deed t0 Down East Emulsions -- Bennett Street By the City cww ofth City of aaagon ORDERED, THAT the City Manager is hereby authorized and directed, on behalf of the City of Bangor, to execute an Easement Deed to Down East Emulsions for the purpose of meeting setback requirements along the Bennett Street fight -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. >e cxYY comocn Tax➢ 2 , 2005 R 05-265 Paem ORDER CITY CLBBH (TITLE,) Aathariaina the Euo manager to P[ecace an Easement Deed ca ma East leelsioa Sennett Street Assigned In O ncllac l�"�J✓�"�"'�/ EAS�M N Exsemmtmadethis arm+doyofSn245V.� 2005 by and between the City of Baugor(heranaRer referred to as (rantor), a mumapal corpormon treated Bangor, pmobscotCowry,Maine, and Down East Emulsion; r r r, of Bangor, Mame(heminalec . refened to as Grantee). WITNESSETH' WHEREAS, Grantor is theownen of Bennett Sheet -of --way; and WHEREAS, Grantee re the owner of a carton developed lot orpaoA On Bmnm Street in Bangor, Maine; and _ WHEREAS, Grate's IS sceling an easement Goan Greater to meet the setback cequiremmts of the City of Bangor's Land Developaroat Cade Bewm Street. NOW, THEREFORE, fa eamidermon pod by Grannie¢ to Grantor and On consideration of We arvmants and agreements berermfier set feed, Greater (Ices hereby grant to Grannie, subject to the terms and conditions hereinafter set forth, an easement ro use for the Purpose of meeting the City of Bangor's land Development Code setbackxequiremevts, the premises described m Exhibit A attached hereto and mcorPorated by reference herein. Gxmmr remias the right to construes maintain, use and operate, on the preset grade, or sucb grade as it may establish in the future, its sheets, sidewaLLs, drainage structures and ditches, sews lines and water tines, in, upon, along or across my or all parts OfGramot's Barren Street rightof-way adjacmt to the mnedes bed preamses, all or my ofwihich may be Geely done at any time as times by Grantor, its employees, agarm, or swcessms, wit ion liability m Grantee or to anyone else fox compensation or damage. Grantee does forever release Grander from all claims or dmaauds which Gram[ his successors and assigns, may have orhereafteracquve against Grantor by reason of or on momm of any injury sustained to the aforementioned premises or my improvements tlmom,, of any nature whazmaret, on mormat ofCmantee's right W use sod premises. The rights mbrcd hereby shat be the privilege of the Granter and RS successors and assigns and no other use is pvmifted than for the purpose stated herein without the prior whrhm consent of the Grantor. This ens o ant shall terminate in the event that Grantee or its successors no longer need. the subject premises for the propose of meeting the setback xequirenamw of the City of Bangor's Lam Development Code. Failure on the part of Grwmr to complain of my action or non -action of ciamse no matter how long the same may continue, shall never be deemed a waver by Grantor of any of US rights hereunder. P's easavmt shall bebindiag spm the successors. tmanS, lessees, Eceasece, and assigns of Grantor and Grantee for as long as it remaru in full face and effect. 05-245 IN WITNESS WHEREOF, the City of Bangor has caused this wstrmnent to be execeted, acknowledged, and delivered in its name and behalf by Edward A. Barzett, its City Manager, tbereunto duly authorized, and Dower East Emulsions, LLC, Grantee herein, has caused this instrument W be executed, acknowledged, delivered and duly authorized: amillill I 1 A Edward A. Baaett Bs City Manage STATE OF MAINE PENOBSCOT, ss. • ®c• - - 2005 Then personally appeazed the above-nmraed Edward AA.. Baarrett�City Maua�ger, 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 corporate. Before,me, STATE OF MAINE PENOBSCOT, ss. MyComins MY Comission Expires ?EkRr LEe Cek4�v Sept' a- .2W5 - Then personally appeared the above-named c$'7 �Ff2J �T, AIW SIL PLn,vr MCv-02. and acknowledged the foregoing uutrument Lobe Itis fr act and &Wm Itis said capacity, and the free act and deed of said body. - Before me, Notary Publiom mury=arv-nwT My Commissnon Expues TERRI LEE OpREY NOTARY PUBLIC %MAINE NY CDMNISSION EUIRES DECEMBER ABIO Exhibit A Bennett Street Easement City of Bangor to Down East Emulsions, Limited Liability Company Bangor, Maine ; A certain lot or percel of land situate in the City of Bangor, County of Penobscot State of Maine, more particularly described as follows: beginning at a point 400 feet easterly on the southerly sideline of Street (now Beanett Street) from the easterly sideline of Wdretb Street as delineated on a plan for Bangor Reel Estate Development Co., recorded in Penobscot County Registry of Deeds, Plan Book 16, Page 35; thence northerly at right angles to said southerly line of Str el, North 12 degrees, 15 minutes, 45 seconds Bast, a distance of 20.0 feet; thence South 77 degrees, 44 minutes, 45 seconds East, parallel with the sideline of Street, a distance of 215.0 feet en apoint of curvature; thence by a curve concave southerly with a adiva of 440.00 fee; an are distance of 43.94 feet thence South 17 degrees, 58 minutes, 15 seconds West'a distance of 20.0 feet to the northerly line 'ofD Street as shown by said plan; thence along the northerly line of Street westerly by a curve concave southerly with aradius of 420.00 feet an arc distance of 41.94 feet to a paint ofavgmcy; thence along the northerly line of D Street, North 77 degrees, 44 miautes, 45 seconds West, a disance of 215.0 feet to the parol of begvming enclosing 5,160 square feet. . Bearings referenced herein are oriented to magnetic north, 1954, as determined by a survey conducted by Mists & Day, Land Surveyora