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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