HomeMy WebLinkAbout2003-10-15 03-314 ORDERItem No. 03-316
Dace: October 15 2003
Item/Subject: ORDER, Authorizing the City Manager to Execute an Easement Deed
-- 3oseph and Shirley Higgins, 187 Third Street
Responsible Department Legal
Commentary:
The City has a paper street between Third Street and Filth Street. The City is mnddenng discontinuing a
portion of this paper street. Joseph and Shirley Higgins have a private water line from Meir home to the
puNic water line. The Higgins' water line is within Me paper street This Order will grant an easement to
He Higgins for their water line.
Department Head
Manager's Comments:
Recommend approval.
Ory Manager
Associated Information:
Finance Director
Passage
_ First Reading Page i of 2
Referral
Ascig, IoCounciim earc3ugtb October Is, 2003
AAA
CITY OF BANGOR
(TRIS.) ORDER, Authorizing the City Manager to Execute an Easement Deed
— Joseph and Shirley Higgins, 187 Third Street
WHEREAS, the City of Bangor is considering the discontinuance of a portion of a paper
street between Third Street and Fifth Street; and
WHEREAS, Joseph and Shirley Higgins are the owners of a water line that goes from
their home to the public water line and is looted within the paper street,
NOW, THEREFORE, by the City Council of the City of Bangor, be it
ORDERED
THAT the City Manager is hereby authorized and directed, on behalf of the City of
Bangor, to execute an Easement Deed for an existing private water line to Joseph and
Shirley Higgins, said easement deed to be in a form approved by the office of the City
Solicitor.
M UW C001BTL [
October 15, 2003 0}31Passed
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(TITLEJA.au„rwv„e
¢acute and Baseoent need- Joseph'aed
Shirley Biggins, 187 Third Street
AsslgnsdloCouncilor
;p Il—al
r93 1'[98
03-314
EASEMENT DEED
The City ofBangor, a municipal corporation located in Penobscot Cowry,State
ofMaine, goods to Joseph P. Higgins and Shirley A. Higgins, both of Bangor, Penobscot
Cowry, Maine, as joint tenants, the rights, privileges and m;ments to enter, maintain,
repair and replace underground utility lives ward lines, subject to the restrictions
contained harem over and across a certain lot or parcel of land situate in the City of
Bangor, County ofpdadard, State of Maine, more particularly described as follows:
Beginning of a point on the northwest side Of Third Street sateen and four tenths (16.4)
swfhwcausly of the somberly comer of aparad of land described in adead from
Timothy F. Rice to Brad C. Boylan dated January 20, 1998 and recorded in the Penobscot
County Registry of Deeds M Volume 6584, Page 30; theaceN 34038'52" W sixteen and
sixty -thrice one hundredths (16.63) fear to apoim; theace N 52°32'22" W twartY-six and
those human (26.3) fid to apolar; thenceN 50945'17' W Thirty-eight and twenty-five ane
hondredtbs (38.25) feet to a print; thence 38011'11" W eight and thirty-uine one
hundredths (8.39) feet to apoint, thenceN 24048'54" W ten and forty -[lace one
hundredths (10.43) feet to a poim; tranceN 3036'4]^ W frim and forty-eight one
hundreds (4.48) feet or the southwest ported
ofiland
d des October a dead
21, from
Carl A. Tracy to Joseph P. Higgins and Sm IaY
3 and
recorded in the Penobscot County Registry of Deeds iv Volume 3 45 9, Page IM.
The above description is the approxivate location of a ward line as it existed on Om 21,
2003 atones apapd strear as shown on a plan recorded to doe Penobscot County Registry
of Deeds dated October 6,1925 and recorded in Volume 12, Page 40.
The above description is oriented to the Maine State Coordinate System (NAD 1927) and
was prepared by James M. Greer PLS 111129, 73 JJdlow St, Bangor; ME 04401.
The easement herein granted areal consist of the right to ¢mer onto rise above-
described easement ares and onto adjacent land of the Grantor m all reasonable times
with personnel, vehicles and e.Tuipmen for me purpose Ofaseavarmg for, replacing,
mummining-and using within the easemedarea underground utility lines for water lines.
The (mmol agrees, for itself aud. for its successors, heirs and assigns, Wait no
trees, shro re d permanem structures will he planted or constructed within of the
easement area as described above,but Grantor otherwise mserves the ase and joymed
of its property. _
The (undoes, by acceptam'o of this easemant deed and of the rights and
privileges hereby conveyed, agree that atter each easy upon said promises for the
aforesaid purposes they will pmmpfy xeemre the surface of said premises to the same
condition as prior to such entry.
03-316
IN WITNESS WHEREOF the said CITY OF BANGORhas caused this
ivstmmem to be signed in its corporate risme by Edward A Barnett, City Manager,
thereunto duly authorized, dds �KJ L. daY of A)(Aj EOga 2003.
CITY OF BANGOR
itnas Edward A. Barrett
City Manager
STATE OF MAINE
PENOBSCOT, ss. - A kill I F 2003
Then personalty appeared the above-named Edward A. Barrett, City Manage,
end wirnowledged the foregoing instrument to be his Gee red and deed in Ins said
capacity, and the free and and deed of said body corporate.
Before me,
Notary Pors
Panted Name: T92fti AeT&W
TERRI L. COREY
NOTARY PUBLIC UNB
YY DOWNSSION WINES DECEMBER M YOU