HomeMy WebLinkAbout2003-09-22 03-310 ORDERItem No. 03-310
Date: Seatember 2Z 2003
Item/Subject: ORDER, Authorizing the City Manager to Execute a genet of Open Spoons
Conservation Easement w0h Grant Trailer Sales, Inc
Responsible Department: Legal
On July 14, 2003, by Council Order 03-218, the Qty Council passed an amendment be the CVs land
Development Code for a contract zone change for property owned by Grant Trailer Sales, Inc. on
Stillwater Avenue. The contract zone change provided for a 150 foot "buffer' in which no prindpal use
structures, and no accessory use structures constructed or erected above the surface grade shall be
located.
The zone change also provides Mat Grant Trailer Sales, Inc. is m record an open space easement m
furtlrer implement Mat condition with the City to have the right to enforce Mat condition. No obligations
are imposed upon the City. The contractzone change also gives Me Clays right of enforcement.
Zent Head
Manager's Comments: ���
ekt
A,f �/ FaY/o(
/ City Manager
Associated Internrl Deed of Open Space Conservadon Fasement
Budget Approval:
Finance Director
City Solicitor
Intrgduted for
Y passage
_ First Reading Page _ of
Referral
03-310
,',V's Assi@id to Councilor Cowley: Seetwhev 22, 2003
CITY OF BANGOR
(TITLE.) ORDER, Authorizing the City Manager to Execute a Dead of Open Space
Conservation Easement with Grant Trailer Sales, Inc.
WHEREAS, by Council Order 03-218 the City Council passed an amendment to the
Land Development Code for a contract zone change for property owned by Grant Trailer
Sales, Inc. at 960 Stillwater Avenue; and
WHEREAS, said contract zone change requires Grant Trailer Sales, Inc. to record an
open space easement to further the implementation of a condition of a 150 foot open
space buffer area with the Oty of Bangor to have a right of enforcement; and
WHEREAS, Grant Trailer Sales, Inc. has requested that the City of Bangor be the holder
of said easement,
NOW, THEREFORE, by the City Council of the City of Bangor, be it
ORDERED, THAT the City Manager, on behalf of the Qty of Bangor, is hereby
authorized to execute a Deed of Open Space Conservation Easement between the City
of Bangor and Grant Trailer Sales, Inc. Said Deed of Open Space Conservation
Easement shall be in a form acceptable to the City Solicitor and substantially in the
same form as attached hereto.
Septesodr_22, 2003
% 03-310 "_
O HDER
(,,ITLEJ) thorlaim¢ the City Manager to
iD,ecute a Deed of Open space Coose[ Atlw
&ee ment rlth Crant Stader Sales. Inc.
Assigned to CouncilorWI J /`Y'
^T
rA
03-310
SCHEDULE]
PROPOSED BUFFERREQUIREMENTS
Mmimwu nmuber ofplavts per I00' for a 150' wide buffer, based on no existing plant
material:
Canopy trees 10
undwstory trees 10
Shrubs 34
Evergreen trees 14
This quantity of plant material can be calculated to provide the following buffer:
Canopy hoes 10 @ 2 in" caliper each— 25" caliper per 100' buffer
Understory trees 10 @ 112" caliper each= 15" caliper per 100' buffer
Shoals 34 @ 24" spread each= 68' spread per 100' buffer
Evergreen trees 14 @ 5' height each = 70'height Per 100' buffer
Credit will be given out of the above totals, per 100', for existing plant material.
For example: if there is an existing 14" caliper maple and a4" oak within a IPat section of
buffer; l4"+4" = 18". A new 2" caliper crampy tree would need to be placated to fulfill the 20"
caliper per IN' of buffer requirement.
Another example: if there are 2 evergreen tress at 30' height each; 30'+30' = 60'. Two new 5'
height evergreen roses would need to be planted to fulfill the ]0' height per 100' of buffer
requirement.
Note #1: No White Pine to be planted as pan of the new buffo. There is an abundance of this
species on the site and Ads tree loses its buffering qualities in several years as the branches raise
off the ground.
Note #2: Them sball be no direct openings along the length of the buffer larger than 18' in
width.
Page 13 of 13
03-310.:;
DEED OF OPEN SPACE EASEMENT
THIS DEED OF OPEN SPACE EASEMENT is made and given as ofilou It day of
2003, by and between Grant Trailer Sal", Inc., a Maine corporation with
ap aul of business 91221 Broadway, Bangor, Penobscot Cowry, Maine 04401 ,thereinafter
refereed to as the "Grantor"); and the City of Bangor, a municipality situate in Penobscot
Courtly Maine, whose mailing address is 73 Harlow Street, Burger, Maine 04401(hereivafter
referred W as the "Holder), for the period from the date hereof wail the expiration of two (2)
years therefrom, and if within said initial two (2) year period, development commences on
remain Rezoned Property described in the dad recorded in Penobscot County Registry of Deeds
in Book 2078, Page 1, then in the City of Bangor, its successors and assigns, forever, the herein
described easement on the Buffer Property situate in Bangor, Penobscot [County, Maine, more
particularly bounded and described harem.
WITNESSETH
WHEREAS, the hereinafter described Buffer Property is intended b sore as a buffer between a
residential area known as Stillwater Gardens, and a commercial development which is in be
constructed in and on the Rezoned Property which, by City Council Ordway" 03-218, adopted
July 14, 2003, has been rezoned for Shopping and Personal Service District us" (hereinafter
retained to as the `Rezoned Property');
WHEREAS, the Holder has an interest in easurmg that the hereinafter described Buffer Property
serves the purposes set forth in City CourwB Ordinance 03-218;
WHEREAS, the Grantor is the sole owner in fee simple of certain real property (hereinafter
referred to as the "Property') situate on Stillwater Avenue, certain lots or parcels of land,
together with the buildings thereon, situate in Bangor, Penobscot County. Maine more
particularly boarded god described as follows:
A retain parcel of land located on the northwest side of Stillwater Avenue, Bangor,
Penobscot County, Maine, boarded and described as follows:
BEGB G at an iron red found at the intersection of the northwest sideline of
Stillwater Avenue and the northeast sideline of Drew lane, said iron rod being at
the easterly corner of land shown on a plan entitled, "Final Subdivision Plan of
Stillwater GaMevs", dated Lune 11, 1985 and recorded in the Penobscot County
Registry of Dads in Map File D47-85;
THENCE North fifty-eight degrees filly -four minutes ten seconds West
(15805410"1V) along the northeast side of said Drew lane two hwdmd thirty-
eight and thirty-seven hundredths (238.37) feet to an her rod brad;
THENCE North ten degrees fifty-six minutes thirty-five seconds West
Page 1 of 13
(NI0056'35"Rr) along east side of said StiBwmer Gardens one thousend four
hundred forty -thee and four hundredths (1443.04) feet to an iron rod found st the
northeast comer of said Stillwater Gardens, also being on the somb line of Lot 4
of lac-Co-Sw Subdivision, as shown on a plan dined October 10, 1989 and
recorded in said Registry in Map Pile D29490;
THENCE North seventy-six degrees forty-three minutes fifty seconds East
(N96043'50'E) along the south line of Lot 4 of said Jac -Co -Sec Subdivision one
hundred fifty aid twelve hundredths (150.12) fg
THENCE South ten degrees fifty-six minutes forty-five seconds East
(S 10°56'35"E) parallel to end one hundred and fifty (150) ft fiom said east side
of Stillwater Gardens one thousand three hundred eighty-two end forty-one
hu a redths (1382.41) f S
THENCE South fifty-eight degrees fifty-four minutes ten seconds East
(558054'10E) parallel to and me hundred and fifty (150) feet from said
northeast side of Drew Lane one hundred seventy-one and ninety-four hundredths
(191.94) ft to said northrvest sideline of Stillwater Avenue;
THENCE South thirty-one degrees forty-five minutes twenty seconds West
(S31045'20" Rl) doing said northwest We of Stillwater Avenue thirty and fifty
hundredths (30.50) feet m m ogle point marked by Voodoo monument found,
now destroyed or buried;
THENCE South thirty-one degrees few minutes ten seconds West
(53104'10"W) along said northwest side of Stillwater Avenue one hundred
nineteen end fifty hundredths (119.50) ft to THE POINT OF BEGINNING.
Encompassing 5.571 acres.
Meaning and intending to describe a portion of the lend described in a deed from Purest
H. Grant and Judson M. Goa, It. to Queen City Mobile Home Park, Inc, dated October
17, 19M end recorded in said Registry in Book 2078, Page 1.
This description was prepared by Shyka, Sheppard & Cluster, Land Surveyors, and is
based on a plan entitle!, "Boundary Survey Showing Land of Judson M. Grant, Jr',
dated March 31, 2003. Hearings reference Grid North (NAD29, Maine Ens[ Zone) based
m that Plan.
Any and all other rights, easements, privileges end appurtenances belonging to the
granted estate are hereby conveyed.
Page 2 of 13
03-310
WHEREAS, the Buffer Property possesses open space values of importance to the
Grantor and the Holder,
WHEREAS, the Granmr intends that the open spam values ofthe Buffer Property be
preserved and maintained while allowing the continuation of cannot land use patterns on and
adjacent to the Buff Property, which do not significantly impair or interfere with those values;
WHEREAS, the Grantors fuArer intend, as the owners of me Buda Property, to convey
to the Holder the right to preserve and protect the open space values of the Buda Property iv
perpmuity, subject io Section 7 herein;
NOW THEREFORE, in consideration of the foregoing recitals (each of which is
incorporated herein), and the mutual covenants, tamers, conditions, and restrictions ret forth in
this Plead of Open Space Easement, the Grantor hereby voluntarily grants to the Holder an open
space easement over the Buller Property of the acture and chaacter and to the extem herein ffi r
set forth (hereinafter referred to as the "Easement"), with Qomrcvnm+ CovcmwT, subject to the
provisions hereof -
1. Purposes. The FamofthsEasauemisin dedwo wstthe Holdawiththeauthority
w aamethmthe budu conditions set forth th City Council Ordinance 03-218 are
implementedmthe Holdar's seas£action. The Fav[ofthis Easement is made foropen
space purposes in order to eosme that the Buff Property will, subject to the limitations
and affirmative rights of Eastman set forth herein, be retained as open space in its annual
condition as may be amended pursuant m the reserved rights herei, and m order to
prevent my future use of the Buffer Properly that will significantly fmpair or imerfae
with the open space vanes of the Buffer Property. It is the intent of the Grantor that this
Easement permanently and irrevocably restrict and limit all future uses of the Huffer
Property as set forth harem, with allowances for the continuation of certain uses existing
at the time of Us Easement and which the parties agree do not significantly impair or
imafere with the open space values of the Buffer Property.
2. )L�tsofthe Holder. Inordatoacmo lishthepmposmofthis Bammt, the
following rights are conveyed to the Holder by Hers Easement:
a To preserve and protect the open space values of the Buffer Property established
and protected by Ws Easement;
It, To enter open the Buffer Property, or to audwri m my Hurd party to enter upon
the Buffer Property, in order to mmuWr the Em mer's compliance with and to
otherwise enforce my term, condition, or reservation of this Easement; provided
that such entry shop nm unreasonably interfere with the Grantor's use and quiet
enjoyment of the Bulla Property and subject to Holder having given Grantor
advance notice as required hereunder;
Page 3 of 13
c. To prevent any activity on or use of the Buffer Property that is inconsistent with
the purpose of tills Easement, amd to requre the reetoratlon of such areas or
features of the Buffer Property that maybe damaged by any inconsistent activity
or use; and
d. To take or initiate such action(s), through legal proceedings or otherwise, as the
Holder, in its sole discretion, deems necessary is order to Whores the rights set
forth in Us Easement hereinbefore or m order to otherwise accomplish the
propose of this Easement as set forth in this Earement.
3. Prohibited Uses. Subject to the limitations and the affirmative rights of the Cantor
herein, the Buffer Property shall be maintained in its annual and undeveloped stave in
order to provide for the conservation and preservation of open space values and maintain
the condition of the Saffv Property as open space. My activity on or use of the Buffer
Property that is inconsistent with the purposes of this lineman shall be Prohibited,
except where specifically allowed by any provision of Us Easement Without limiting
the general application of the foregoing, the following activities and uses we expressly
prohibited Won the Buffer Property, and Nose rights not granted to Holder are hereby
expressly RESERVED to the Granton.
a No principal strucnsres, mud no accessory structures combnoted or erected above
the suit grade, shall be located within the Buffer Property.
For proposes ofdsis Paragraph 3(a), the term "strucnve"shall be as defined in
the Bangor land Development Code, a copy of which definition is attached as
Exhibit A. By way of example and not limitation, Nis probibition(as set forth in
Chia Paragraph 3(a)) shall not be applied so as to preclude the placemen[ of certain
fences and/or retaining walls, subsurface, Win" or the location of any deternion
basin or wetland mitigmioq together with any actions or materials necessary to
provide for the same, within Ne Buffer Property provided Nat the buffer
specifications an forth in Schedule 1. attached hereto and hereby incorporated by
ref , are satisfied.
b. Notwithstanding my of the foregoing, it is hereby RESERVED b Grantor Ne
right to establish and mairants an "effie6w, vegetative visual buffer' on the
Butter Property, m accordance with the buffer specifications set forth in Schedule
1.
c. h4ining or quarrying of rocks or minerals from the Buffer Pioperty(except for the
activities allowed in Section 3(a) and (b));
d. Drilling for or removal of oil, gars, or similar petroleum distillates on or from the
Buffer Property;
e. Damping,infection,burning, or burial of my materials then known or suspected
to be environmentally bazardoan; and
Page 4 of 13
03-310
f hvstallation or towers, antenna and/or communications disks and appmtenxni
apparatus or fixtures.
4. Lot covemeeRmpervious Surface Ratio. Gramm reserves the right to use, permit and
include within any required annals), regulatory, program or requirement, and/or transfer
the Buffer Propertyinto the same, for lot coverage, impervious surface ratio compliance
ant any other dimensional or zoning setback requirements, to achieve compliance of
neighboring land not subject W this Eawnrem with respect to such requirements.
5. Maintenance of Buffer Zone. Granmr, 11 sucussors and asvgns, shall be Solely
responsible fm the maintenance of the vegetative buffer described above. Thebuffer
sbah be maintained in a good and workmanlike manner and in accordance with Schedule
1.
6. Noticetothe Parties. Written notice shall be requhedas follows:
a. From the Grantor to the Holder net less flood fourteen(14) days prior W any
transfer oftille to the Buffer Property, or of any other interest in the Buffo
Property including, bat not limited to, a leasehold interest, and whether or not the
then -current title holder will remain on title as a tenant in crnnmon, joint tenarrt, or
otherwise. The written notice shall include a disclosure of the name of the party
or parties taking tide to or atopri ing an interest in the Buffer Property, along with
a mailing address of any such party or parties, and a telephone number, if
available.
b. From Holder W Grantor not less great durty(30) days prim to any enforcement
action contemplated hereunder, and as more particularly set forth in Section 8
herein.
c. Wherever the Holders prior approval is requred by the provisions of fide
Easement, the Holder "I grant or withhold its approval is writing within thirty
(30) days following the Holder's receipt of the Creator's written request therefor.
The Holder's approval may be withheld only upon its reasonable determination
that the exercise or use as proposed would be inconsistent with the purposes of
this Easement.
d. Mthe eventhat the Holder fails W respond to any notice or request for approval
within thirty (3 0) days following its receipt of said notice or request, the activity
or use specified in the notice or request shall he deemed approved, except W the
extent that the activity, or use is inconsistent with one or more specific restrictions
ofthis Easement
a Any notice, demand, request, cmusent, approval, or communication that either
party desires or is required to give W the other according to the provisions hereof
shall be made in writing and delivered via personal service, facsimile transmission
Page 5 of 13
nom,:
(to the receiving macbioe and number designated by the recipient), or via certified
or registered mail, return receipt requested, postage prepaid, EXCEPT TETAT,
wherever, according to the provisions hereof, the recipient of any notice
hereunder is required to an or respond within a specifically prescribed period of
time, said notice shall only be delivered via by the United States Postal Service by
catifiN mail, return receipt requested, or by a mPutable national courier service
which provides Proof of receipt and done of service. Ah notices shill be addressed
as follows:
um the Grantor: Michael Longo
Grant Trailer Sales
1221 Broadway
Bnngor,ME 04401
with copies to: P. Andrew Hamilton, Esq.
EANNPEABOnY
SO Exchange Street
P.O. Box 1210
Bangor, Maine 04402
(207) 949-0111 (voice)
(207) 942-3040 (fatzimile)
ahamiltm@eatonoeabodv cum
Iftothe Holder: City of Bangor
AM: Code Enforcement Officer
73 Halow Street
Bangor, Maine
with copies to: City of Bangor
AM: City Solicitor
73 Balm Street
Bangor, Maine
alternatively, to such other address as either party may designate from time to
time by wriven notice to the other. Any required or permitted notice is deemed
effective as of the date: (i) it is ac utd[y received by the party to whom it was sent
as evidenced by the applicable proof of receipt; or (it) delivery of the notice is
refused by the intended recipient; or (fit) the postal service or courier determines
that it is unable to deliver the notice because the addressee is no longer available
at the address provided order this Pang mph.
7. Duration of Easement Ammdmem Mereer.If development of the Rezoned Property
occurs within the initial (2) year period from the date hereof, this Easement shall become
Page 6 of 13
perpetual. At such time it shall be an easement in gross, and as such shall he inheritable
and assignable and run with the land as an incorporeal interest in the Buffer Property,
enforceable with respect to the Buffs Property by the Holder against the Co mor, its
successorsandmu ms. PROVIDED,HOWEVER,thaS ifthereisnodevelopmentofthe
Retuned Property withirthe initial two (2) yearperiod from the date hereof, this
Easemem sbml terminate and be ofw fimher force and affect. In the event that
cncumsbnces arise under which an amendment to or modification ofthis Easement
would be appropriate, the Grantor and the Holder are free tojointly amend this Easemem.
In order to be valid and enforceable, any such amendment must be recorded in the
Penobscot County Registry of Deeds.
8. Holders Remedies.
a Notice of Violation Corrective Action. Ifthe Holder determines And a violation
of the terms of this Easement has occurred or is tlnemoned, the Holder shall give
written notice to the Grantor of such violation and specifying the corrective action
W be taken by the Granmr to cure the violation and, where the violation involves
injury to the Buffer Property resulting from any use or activity inconsistent with
the purposes of this Easement, m restore the portion of the Buffer Property so
injured to its prior coMition.
b. Iniuncfive Relief Ifthe Gmntorfailsmcuretheviolatiwwitlrinsity(60)days
atter receipt ofnofice thereof from the Holder, or under circumstances where the
violation cannot reasonably be cured within a sixty (60) day period, fail in begin
curing such violation within the sixty (60) day period, or, atter commencement of
curative action, fail to continue dilill ody to cue such violation =61 finally
cured, the Holder may bring an action at law or inequity in a court of competent
jurisdiction to enforce the terms of this Easement, to jour the violation by
restraining order or temporary or permanent injunction, and to require the
restoration of the Buffer Property to the condition than existed prior to any such
damage or injury -
c. Ememercv Enforcerse .If the Holder, in its sole and subjeefive discretion,
determines that circarvstances require immediate action to prevent or mitigate
significam damage vs the open space and sorrel resource values of the Buffer
Property, the Holder may pursue its remedies under this Eastman without prior
notice to the Grantor or without waiting for the expiration of any period afforded
the Gmntm to care the violation or damage.
d. Score of Itch The Holders rights under this Section 8 apply equally in the
event of either actual orthreatened violations of the terms of this Easemem The
Grantors agree that the Holder's remedies at law for my violation of the terms of
this Basement are made poste and that the Holder shall be mtided to the injunctive
relief described it Section 8(b), both prohibitive and mandatory, in addition to
such other relief to which the Holder may be entitled, including specific
performance of the temrs of the Ensemem, without the necessity of proving either
Page 7 of 13
actual damages or the inadequacy ofmherwise available legal remedies. The
Holder's remedies described in this Semon 8 shall be cumulative and shall be in
addition to all remedies now or hereafter existing in law, m equity, or
administratively.
e. Holder's Discretion Enforcement ofthe terms of this Easement shall be 9 the
discretion of the Holder, and my forbearance by the Holder to exercise its rights
order Us Easement in the event of my breach of my term of this Easement by
the Grantors shall not be deemed or construed m be a waiver by the Halder of
such term or of my subsequent breach of the same or any other term of this
Eastward or of any of the Holde's rights under this Easement No delay or
omission by the Holder in the exercise of my right or remedy upon my breach by
flue l mmr shag impair such right or remedy or be construed as a waiver.
f Acts or Events bevund Gramor's Cotard. Nothing contained he this Easement
shall bescattered to entitle the Holder to bring my actio against the Grenmr for
any injury to or change in the Buffer Property resulting Gem causes beyond the
Grantor's moral, including wilhout limitation, fire, flood, somal, earth
movement, was of trespassers, or from my prudent action taken by the Cmanmr
wrier emergency conditions to prevent, abate, or mitigate significant injury to the
Buller Property resulting from such causes. The Granmr shall use reasonable
ef6rts to obtain the Holder 'a counted to such emergency actions and, if such
consort cannot be obtained, shall promptly notify, the Holder of the nature and
extent of such actions and the remove therefor. In the event the terms of this
Easement are violated by sets of third parties, including mespaoom, that the
Guarder could not reasonably have anticipated or prevented, the Granmr agrees, at
the Holder's option, to (1)join in any silt against the third party or parties; (2)
assign to the Holder then right of action against the third party or parties; and/or
(3) appoint the Holder thein atmmey-m-duct, for the purposes of pursuing
enforcement when against the thnd party or parties.
9. Costs ofEnforcemmt.In the event that an event or cvcumstance of intentional
wncomphimco with the Easement is corrected through negotiation ant voluntary
compliance, the party who ores community not complying shall reimburse the other
party for all reassemble costs mounted in investigating the non-compliance and securing
its correction, In the event then a dispute is resolved through judicial enforcement and the
decision -maker determines that (i) the Easement has been breached as a result of an
event or circumstance of intentional non-compliance, the Caanmr shall reimburse the
Holder for all seasonable costs of mainstream, including reasonable costs neutral in
investigating my non-compliance and securing its correction, and court costs (m the case
of injunctions), and any other payments ordered by such decision -maker; or (ii) [his
Easement has not been breached and that the Holder has initiated litigation without
reasonable come, o in bad f 'd; flam the Holder shall reimburse the asmor for my
reasonable costs of defending such action, including coanmation of compliance, count
cows and my other payment ordered by such decision -maker. In all other
cncumsbncos, each party shall bear its own costs of dispute resolution.
Page 8 of 13
arra
10. Subsequent Transfers. The Cnantm shall incorporate the terms oftlus Easement m my
deed or other legal instrument by which any interest to the Buffer Property is divested,
including, but not limited to, a leasehold monsoon. The failure of the Guntur to perform
any act required by this Section 10 shell not hupair the validity of Us Easement or limit
its enforceability in my way.
Il. Useofthe Bufferning the ability
of me No provisionsofthis Ea sementstag be
onatrued m unpinning as cog the ability i the Grmalnes its subject
t assigns, to use the
Buffer Property mer, the
collateral for fimue imleMMnesh subject t the tams a this
Easement. ymome,tbribeBu nProp Property
as
llall teapplytuthe mortgage or other
number ofBuffer Pro arty as moment bribe Balfut bemtymcolllly withheld. Holder's cpmsenttutue of the
Bulla Property as collateral shall not beumemonably withheld.
12. Esl000el Cerlifiggo. Within thirty (30) days of the Holder's receipt of the Greater's
written request, the Holder shall execute and deliver to the Grantor my document,
including an estoppel certificate; octal fying that the Orator has not breached any of the
Grantor's obligations imposed by this Easement (PROVIDED, HOWEVER, door Holder
determines room its reasonable review of the facts and circumstances that, m its
judgment, sock certification is hue and justified), or otherwise evidences the status of Us
Easement as may reasonably be myuested "e Harper.
l3. Baumeister. This Easement shall, upon due execution by the parties, be recorded by the
Holder in a timely fashion in the Penobscot County Registry of Deeds. The Holder stall
be unpowered to re tabard re file, or make men additional recordings and filings as may
be requved or advisable to preserve any or all of its rights hereunder.
14, General Provisions.
a Cmtrolling Law. The interpretation and performance of this Easement shall be
governed by the Iaws oftbe State of Maine.
b. Liberal Construction Any general rale ofcovstrmtim to the contrary
notwithsnmdivg, this Easement shall be liberally construed in favor of the grant to
fount to baa a xguou is Eaement Should anyprovith fire purposes
of this be
fond to be ambiguous, de interpretation saidprovision
consistent with the purposes l be
Easement and which readers said provision valid sod enforceable shall be favored
ova any interpretation that world tarda it invalid or unenforceable.
c. Severability. Should my provision of this Easement, or the application thereofto
my person or circumstance, be found to be invalid or un rrommeable, the rest and
remainder of the provisions of this Easement, or the application of such provision
tu persons or circumstances odor firm those as tu which it is found to be invalid
or unenforceable, as the case may be, shall not be affected thereby.
Page 9 of 13
03-310
d. Entire Ameemmt This msmmentcuts forth the entire agreement of &a parties
with respect to the Easement and supersedes all prior and contemporaneous
discussions, negotiations, unerstand'mgs, or agreements relating to the Easement,
all of which are merged herein. No threaten or variation of this instrument shall
be valid or binding unless contained in an amendment that complies with the
provisions of Section 7 above.
e. Successors in thterestI The ravenous, terms, conditions, and restrictions of this
Easement shell be binding upon, and more to the benefit at the parties hereto and
than respective successors, and assigns and shall emotions as a servitude running
in perpetuity with the Buffer Property. The terms "the Grantor" and "the Holder,"
wherever used herein, and my pronouns used in place thereat shall include,
respectively, the persons identified above as `the Grantor" and thein successors,
and assigns, and the organization identified above as "the Holder," i.e., the City of
Bangor, and its successom and assigns.
f. NO Forfeiture. Nothing contained herein shall result in a forfeiture or reversion of
the (banner's tide in my respect.
g. Termination ofRabs and Oblivations. Aparty's rights and obligations nation this
Easemmt teminate upon the transfer of all of that party's interest in the Easement
or Buff Property, escept dat a party's liability fon acts or omissions occurring
prior m such transfer shall survive such trmufer.
In. Cautious The captions to this instrument have been inserted solely for
convenience of reference, are not part of this Easement, and shell have no effect
upon its construction or interpretation.
i. Counterman s. The parties may execute this restaurant in two or more
counterparts, which shall, taken together, be signed by all parties and which shall
constitute the same instrument Each coan¢gan shall be deemed an original
instrument as against my party who has signed it in the event of my disparity
between commensals produced, the recorded counterpart shall be controlling.
15. Acceptance by the Hold As attested by its signature below, the Holder hereby accepts
the right and responsibilities conveyed by this Easement. -
(sigeatmas fallow)
Page 10 of 13
03-310
TO HAVE AND TO H01,D unto the Holder, their successors and assigns forever.
W WHNESS WHEREOF, the Gmmor and the Holder have set them heads and seals and the
Grantor has delivered Nese presents and the Holder has accepted than as of the data and year
first written above
The Holder, by accepting and recording this Open Space Easement Deed for itself, its
successors and assigns, agrees to be bound by and to observe and enforce the provisions hereof
and assumes the rights and responsibilities herein provided for and incumbent upon the Holder,
all m the pardemance of the conservation purposes for which Nis Open Space Easement Deed is
delivered
EXECGTION BY GRANTOR:
Witness: Great Trailer Sales, lac
lud is Presiden
Duly authorized
IN WITNESS WHEREOF, the Grantor and the Holder have set their hands and seals and the
Grantor has delivered Nese presents and the Holder bas accepted Nem as of the date and year
frawridenabove
STATE OF MAINE
Penobscot County 2003
Personally, appeared the abovemunN Judson M Graaf, Jr., president of Grant Trailer
Sales, Inc., and acknowledged before me the foregoing instrument to be his free act and deed in
his said capacity and Ne free act and deed of andDQcoeryo�raao�v./'�/
NMmnnri9�PnM�(1i�WAM�I/� rney/ptapt Law
7•aHLUy../PbutcU'sn
Prim or type name
Page 11 of 13
O3-310
The Holder, by accepting and recording this Open Space Easement Deed for itself, its successors
and assigns, agrees to be bound by and m observe and enforce the provisions bereofRed assumes
the rights and responsibilities berein provided for and incumbent upon the Holder, all m the
furtherance of the conservation purposes for which this Open Space Easement Deed is delivered.
Witness: City of
BB,anngerr�/' ��C��/�
By GOwIX 6 -AWS 40L
Edward A Barrett, its City Manager
Duly authorired
....'�7iTXET�.VQM
Penobscot County S{{._!.. ' I ,2003
Personally, appeared the above-named Edward A. Barrett, City Manager of the City of
Bangor, Nod acknowledged before me fie foregoing instrument to be his flee act Rod deed in his
said capacity andthe bet act and deed of said City of Bangor. _
Notary Public/AttoMey at Law
or type name
NORMAN S. NEITNANN, 41
NOTARY PUBLIC, MAINE'
M COMMISSION EXPIRES JANUARY SL EMM
Page 12 of 13