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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 6 _ E CfeBR (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