HomeMy WebLinkAbout2000-11-13 01-23 ORDERCouncil ANon
Mace Rweobax 13, logo Item No. 01-23
Item/Subject: Granting ofan Easement— 1325unmy Hollow Mace
Responsible Department Code EnforcementDivision
C mmenbry:
The Council may recall Me granting ofan easement, Irl for an identical situation. Upon
completion of mnsb tion, Me mortgage ban Inspection survey found the house encroaches into the
front yam seMa@. This house, like Me Moly Iane home, sits on a ml -de -sac MI& will he
dlsmminued at same future tate when the streM is extenced. The easement allows the me of
portion of Me mlde-sac only to meet Me setha& requirement until Me need for the cul -de -mc 5
extinguished by read extension. At MM time the Taro no larger needed will revert M Me abutters and
the house will he in mmplbnm with Me land Development Qce.
DeparMentHead
ManageYS COmmemts:74eDP.. Any'. QAp
dryManoBv
Associated Information: Q r fiV
Finance Dlrxwr
Legal Approval
rySoliaiw
Introduced For 4iwtet
Passage
_ First Reading
Referral
ar-23
AspWw Cou wkr aOEMAN November 13. 2000
CITY OF BANGOR
(TITLE.) ORDER, Authorizing City Manager to Execute Easement to Philip Albert
(Tax Map R34, Lot 116)
ORDERED, THAT the City Manager is hereby authorized, on behalf of the City of
Bangor, to execute and deliver a certain easement deed to Philip Albert granting an
eazement for the purpose of meeting setback requirements. A copy of said easement
deed is attached to this Order and is incorponted herein by reference.
I CITY WOXCIL
November 13. 2000
Parsed
C C m
p 01-23
(TITLE,)
P cute Ease ut to PMllipnA berr
(Tat Nap H16, La[ 116)
Assigner! roCouncilor �
N MAGNETIC NORTH
NO��O
SUNNI
LOT #16
NOTE: SEE PLAN OF SUNNY HOLLOW SUBDIVISION
RECORDED IN THE PENOBSCOT
COUNTY REGISTRY OF DEEDS
IN MAP FILE TY D9T-87
LOT #15
SCALE: 1"= 40'
DATE: NOVEMBER 7. 2000
Description of Land
In
Bangor, Maine
on
Sunny Hollow
A certain lot or parcel of land situated in the City of Bangor, County of Penobscot, State
of Maim bounded and described as follows: Beginning at a point on the southerly side of
Suety Hollow Place as shown on aplan recorded in the Pembswt County Registry of
Deeds in Map File D97-87, said point being S 49°26'40" W fifty-two and seventy-seven
one hundredths (52.77) fret from a #6 rebs a the northeast comer of Lot #16 as shown
on said plan; thwce S 65003'20" W, by end along a chord parallel to house #132 and
twenty (20) feet from a, thhtl'-tbree and twenty-two one hundredths (33.22) feet to a
point on the south side of said Sunny Hollow Place; thence northeasterly, by and along a
curve to the left wird a 5By (50) Red radius and being the south side of said Suety
Hollow Place, thirty-three and eighty-six one hundredths (33.86) feet to the point of
beginning.
01-23
EASEMENT
Easement made this day of , 2000 by and between
the City of Bangor (hereinafter referred to as Grantor) a municipal corporation located in
Bangor, Penobscot County, Maine and Phillip Albert of Bangor, Maine (hereinafter
referred to as Grantee).
WITNESSETH
WHEREAS, Grantor is the owner of Sunny Hollow Place right-of-way; and
WHEREAS, Grantee have developed a certain lot or parcel of land on Sunny
Hollow Place in Bangor, Maine with a single family residence; and
WHEREAS, Grantee house does not meet the setback requirement of the City of
Bangor's Land Development Code along the Sunny Hollow Place cul-de-sac, and
WHEREAS, Grantee require an easement from Grantor to be in compliance with
the City of Bangor's Land Development Code along Sunny Hollow Place;
NOW THEREFORE, for consideration paid by Grantee to Grantor and in
consideration of the covenants and agreements hereinafter set forth, the parties hereto,
for themselves and his successors and assigns, agree as follows:
1. Grantor does hereby grant to Grantee, subject to the terms and renditions
hereinafter set forth, an easement to use for the purpose of meeting the
City of Bangor's Land Development Code setback requirements the
premises described as follows, to wk:
See Exhibit A attached hereto and incorporated by reference
herein.
2. Grantor does not warrant the to the aforedescribed premises in which the
foregoing easement is granted and does not undertake to defend Grantee
in the peaceable enjoyment thereof.
3. Grantor retains We right to construct, maintain, use and operate, on the
present grade, or such grade as it may establish in the future, its streets,
sidewalks, drainage structures and ditches, sewer lines and water lines,
in, upon, along or across any or all parts of Grantors Sunny Hollow Place
right-of-way adjacent to the aforedescribed premises, all or any of which
may be freely done at any time or times by Grantor, its employees,.
agents, or successors, without liability to Grantee or to anyone else for
compensation or damage. Grantee do forever release Grantor from all
claims or demands which Grantee, its successors and assigns, may have
or hereafter acquire against Grantor by reason of or on account of any
injury sustained to the aforementioned premises or any improvements
thereon, of any nature whatsoever, on account of Grantee right to use
said premises.
01-23
4. No billboards, signs, handbills, posters, advertising materials, of any kind
shall be erected, displayed, placed or maintained upon the subject
premises.
5. Grantee shall repair, at his sole expense, any damage to streets or public
utilities arising from the exercise of his rights under this easement.
6. The rights conferred hereby shall be the privilege of the Grantee and his
successors only, and no assignment or transfer hereof shall be made, or
other use be permitted than for the purpose stated herein without the prior
written consent of the Grantor.
7. This easement shall terminate in the event that Grantee or his
successors no longer need the subject premises for the purpose of
meeting the setback requirements of the City of Bangor's Land
Development Code.
8. Failure on the part of Grantor to complain of any action or non -action of
Grantee no matter how long the same may continue, shall never be
deemed a waiver by Grantor of any of its fights hereunder.
9. This easement shall be binding upon the successors, tenants, lessees,
licensees, and assigns of Grantor and Grantee for as long as it remains in
full force and effect.
IN WITNESS WHEREOF, the City of Bangor has caused this instrument to be
executed, acknowledged, and delivered in its name and behalf by Edward A. Barrett, Its
City Manager, thereunto duly authorized, and Phillip Albert, Grantee herein, have
caused this instrument to executed, acknowledged, delivered and duly authorized.
CITY OF BANGOR
Witness Edward A. Barrett
Its City Manager
Phillip Albert
01-2➢ __f^
STATE OF MAINE
PENOBSCOT, as. 2000
Then personally appeared the above-named Edward A. Barrett, City Manager,
and acknowledged the foregoing instrument to be his free act and deed in his said
capacity, and the free act and deed of said body corporate.
Before me,
Notary Public/Attomey
STATE OF MAINE
PENOBSCOT, as.
Then personally appeared the above-named Phillip Albert of Bangor and
acknowledged the foregoing instrument to be his free acts and deeds.
Before me,
Notary Public/Affomey