HomeMy WebLinkAbout2002-09-23 02-356 ORDERItem No. 02-356
Date: September 23 2002
Item/Subject: ORDER, Authorizing the City Manager to Execute Easement Dew From the
City of Bangor to Jon Dawson and Nancy Dawson -- New York Street
Responsible Deirartment: Legal
Jon and Nancy Dawson have been given development highly to City property on New York Street The
Development will Include infrastructure consisting of storm drainage, sewer and water lines. The lines
will connect acres Dawson property on Sliver Read to the "tiling Wblic lines. R will also cross a small
piece of City property abutting the development parcel and! the Dawson's Sliver Road property. This
easement is necessary to grant access across the CM Property.
The easement provides that it becomes null and void if the infrastructure is not installed wkhin one year
or if the Dawsons, after completion of the storm drainage, sewer and water lines, grant an easement for
the entire length of said lines m the City.
Managers Comments: �srr+'r t@1bw..�D-0,irl OTEb jyWtLA
City Manager
Associated Information: Easement Deed
Finance Director
1"uced for
L Passage
_ Fred Reading Page _1 of 5
Referral
02-356
C�FJ� A iiyi to Councilor zaldacei Septeaber 23. 2002
CITY OF BANGOR
(TITLE.) ORDER, Authorizing the City Manager to Execute Easement Deed From
the City of Bangor to Jon Dawson and Nancy Dawson -- New York Street
By the CRY Casntil ofb)e Ory of Amgen
ORDERED,
THAT Edward A. Barrett, City Manager, is hereby authorized, on behalf of the City
of Bangor, to execute and deliver a certain easement deed to ]on Dawson and Nancy
Dawson granting an easement for stone water, sewer and water (Ines. Said easement
deed shall be in substantially the same form as attached hereto, the final form to be
approve by the City Solicitor or Assistant Crry Solicitor.
IN CITY COUNCIL
September 23, 2002
Passed N 02-356
C CLENA O R D E R
(TITLEJ Authorizing the City Manager to
Execute Easement Deed from the City of
Danger to ]on Danson and Marey Dawson -
Assigned M Councilor
V `�'" �U/�
W-356
The City of Bangor, a municipal corporation located in Penobscot County, Some of
Mame, giants to Jan F. Dawson and Nancy S. Dawson. both of Bangor, Penobscot County,
Maine, as joint tenants, the rights, privileges and easements to coiner, coratrua, maintain. repair
and replace underground utility lines for stmm water, sanitary sewer and water lines, subject to
the restrictions contained heron, over and across a certain lot or Forced of land situate in the City
of Bangor, County ofPenohsco4 State of Maine, more particularly described as follows:
Beginning on the southwesterly fine of the Fairmount Development shown on aplan
recorded in Penobscot County Registry of Deeds, Plan Book 8, Page 37, or the
northeasterly coma of land described m a deed to City of Bangor recorded in Penobscot
CmmtyRegistry ofDft&, Volume 2991, Page 193; thencealong the southwesterly line
of the lots of the Fairmount Development, North 37 degrees, 37 minutes, 0 seconds West,
a disfamce of 12.7 tout; themce South 52 degrees, 49 mmmes, 15 seconds West a distance
of 30.0 feet; thence South 37 degrees, 37 minutes, 0 seconds East a distance of 12.7 feet
to the southeasterly line of said land of City ofBangm; thence along the southeasterly
line of said land of City of Burger, North 52 degrees, 49 minutes, 15 seconds East, a
distance of 30.0 feet w the point ofbeg mng.
Bearings referenced basin are oriented to magnetic north, Decvaber 2000, as determined by a
survey conducted by Plisga & Day, Land Surveyors.
the easement herein granted shall consist of the right to enter onto the above- described
easement area and ones adjacent land of the Granter at all reasonable times with personnel,
vehicles and equipment for the propose of excavating for, totalling, replacing, maintaining and
using within the easavent area underground utility lines for storm water, sanitary sewer and
water lines.
The Grantor agrees, for itself and fm its successors, heirs and assigns, that no trees,
shrubs or permanent structures will be planted or constructed within of the easement area as
described above, but Grantor otherwise reserves the use and joymeat of its property.
The Granted, by acceptance of this easement deed and of the rights and privileges
hereby conveyed, agave that after each entry upon said premises for the aforesaid purposes, they
will Promptly restore the surface of and Premises no the sane condition w prior to such entry.
The Granted and Grantor agree that this easement deed shall be null and void if said
underground utility lines for storm word, samtury sewer and water lines aro not constructed with
one year of the date hercof. The Grantees and Grantor further agiee ural this essanda shag be
null and void when Grantees gnat to Grantor an easement fm underground utility lines for storm
water, sanitary sewer and water linea which would include the property herein deeddbed
For the Grantor's source of title ref et made to: (i) a deed Som Waldron E. Sawyer
dated July 12, 1971, recorded in Penobscot County Registry of Deeds, Volume 2223, Page W,
02-356
and (ii) a deed from Waldron E. Sawyer dazed lune 7, 19'19, recorded m Penobscot County
Registry of Deeds, Volume 2991, Page 193.
W WITNESS WBERFOF the said C= OF BANGOR has caused this instrument to be
signed in its corporate name by Edward A. Barrett, City Manager, thereunto duly authorized, this
�l dayof, 2002.
STATE OF MADIE
PENOBSCOT, ss.
�7 2002
Then personally appeared the above-n®ed Edward A. Barrett, City Manager, and
acknowledged Ne foregoing instrument to be lus free act and deed m his said capacity, and the
free act and ded of said body corporate.
Before me,
•Csplpl%
Notary Pob* -�
Prudd Natne:-rEk;
/ala /0Z
GRANTEES'ACCEFTANCE
Jon F. Dawson and Nancy S. Dawson, as ('santees, join in Ws inshument for the purpose
of aclmowldgwg and accepting the conditions and restrictions on thein use of the granted
easment as set out above.
gWiitness omhand undseels this 27 dayof 52� .2002.
Tv'4se's'.—
W' ss A. DawroJn('
fitness Nancy S. O— -50—
02-356
State of Maine
Pencbsco4 as 5e>7—z7 2002
Personally appeared Ne above-named Son F. Dawson and Nancy S. Dawson and
acknowledged the foregoing ivstlumevt to be Neu Gee act and deed.
Before me,
Notary Pub ^y
Nmne: F'Rt"Q^. CVP/VeX
Commissionloc n : 2A De1c,JX6