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Home My WebLink About2001-08-13 01-307 ORDERItem No. 01-307 Date: August 13 2001 Item/Subject: ORDER, Authorizing the City Manager to Execute an Easement to Philip E. Albert, It. --132 Sunny Hollow Piece (Assessor's Map R14, Lot 116) Responsible Department: Legal Upon construction of Mr. Albert's home at 132 Sunny Hollow Place, a mortgage loan inspection survey found that the house encroaches Into the front yam setback. This house is also located on a cul-de,sac that eventually, will be discontinued when the street is extended. An original easement granted last November which allowed Mr. Albert to use a small Part of the cul-de-sac for setback purposes contained language that it was non-traosfemble. Because this creates a problem for the title Insurance company, the property owner has requested a new easement that will go with the land. The Business & Economic Development Committee recommended approving the requested at its meeting held on August 7, 2001. Department Head Manager's Comments:'A„s ,..nn...�D City Manager Associated Information: Easement I,,FliR]O�idl Legal Approval: City Solicitor Introduced for Consent Agenda x Passage First Reading Page 1 of 7 Referral 01-30] Amigied to Councilor Pamh® August 13. 2001 %.o °- CITY OF BANGOR (MLE.) ORDER, Authorizing the City Manager to Execute an Easement m Philip E. Albert, Jr. --132 Sunny Hollow Place (Assessor's Map R34, Lot 116) By Me ay CLunal of eie Ory of BanYon ORDERED, THAT Edward A. Barrett, qty Manager, is hereby authorized, on behalf of the City of Bangor, to exeeute and deliver a certain easement deed to Philip E. Albert, Jr., granting an easement for the purpose of meeting setback requirements. A copy of said easement deed is attached to this Order and is inmrporated herein by reference. Passed0 4 p 01-3W CI OBHBQ (TITLE,) Aatho lmg the City meager to P.iecute an Easement to Map E. f Bert. Jr. - 132 Suany Hollov Place Aaeessoi s mo H14. Lot 116) Anign*d to CounclW Y 10/IW2001 15:08 2078664431 GRIFFIN $ "DAN PAGE 03107 Y i': *:�. _ve<c.. c.._ �.....:.........._.. 00-29-2001 ® title lace . EAfFW Nr 01-3W Fuewarroledhis Ath dayof Aunust 2001 by aodbenveantlia C/TY OF BANGOR (hereinafter tafeered TOM Olumer), a mmdciPal amPnrafon Located in Bangor, Penobscot County, Maine, and PHILLIP ALBERT of Bangor, Maine (hereinafter referred In as Overhaul. WrINOSBTH: WHEREAS, Ormtm is the OWNT of barely Hollow Place right-of-way; aud Wf3EREA5, Grantee has developed a eeltin lot or Parcel of land on slmmy Hollow Place in Bangor, Mame, witha single hardly residence: and WHEREAS, Glavma's house chew Out mat the setback requiv moos of the City of Bounces Land Development Cade along Suety Hollow Plate mil-desan; and WHEREAS. GAvtce requides m euemenefrom Glendon b he in comPGmce with the City ofBoagres Lard Development Code along SuMY Hollow Place, NOW,THEREPORE, forconsiderationpaidby Caameeo Grantor dk nsidamim MoOmeovenmA andsgeaeeafollows: set forth, the patties hereo, m suaesaors and assigns, agree s follows: 1. thmenor dna hereby gram to Grantee, subject a the tams and conditions hereinafter ser forth, an asemmt to use for The propose ofmatieg&a City ofBargor's Laid Development Code aback rOpar rent, the premises described as folmwa, to wit see Exhibit Aattached berm and UMolu dedby reference hcaix 2. enamor doa Gotwmerg title TO the aforedescribed premiss in which the foregoing esstmem B granted and does out undertake To defend Gmnme in the peaceable enjoyment thereof. 3. Creator ranum the right No concoct, mawtaiu, we and opereo,on the present grade. m such gade u itmay wtabdsbinthe fur m its atreeo, sidewalks, d Qge mumurss and ditches, asawr Gnus and warm Imes, h4 upon, along or acres any or aR pats of Gratemes SunnY Hollow Plece righFof--way adjacent tithe afro dMCdbed Premiss, all or my of width may be fix y done at my dime or times by Cnadm, its employees, agmen, m massors, witboutlimilityto Gtmda or o myom elee for co tpesationmdunage. Gama does foreverrelease Grmorfrom aU claims or demands which Grantee, his socessom and assigns, DAY have or hereafter acquire agmat Camtm by recon of or on account of my injury ausmined to the eforemmQowA Premiss or any mglovwmts thereon, of my watt whensoever, on women of Grantee's right m use evdpremises. No bBlhoads, Signs, hatedbilla, POSGUS, or adverdisivg materads of any �f_7aoY-t0 _. _...., _.... 10/16/2001 15:08 2018660031 GRIFFIN & dRd7GN PAGE B4/07 kind "Ib erected. displayed, plwed or maintained upon the subject 01-307 premises. 5. Grantee shall repair, at his sole expense, any derange or streets or public utilities arising i0m the exercise of h18 rights Under this edEemPLL 6. The rigbm oonfemd hereby shell be the privilege of the Grantee and his sncceesom and assigns and no other use is permitted than for the Papose aLLted herein without Ila prior written consent of the Grantor. 1, This easement shall terminae in the asset that Grantee or his successors no longer need the subject premises for the purpose of mooting the semak re9uhements of the City ofBangor's nasi - Development Code. S. Failure on the pat of Grana to complain of my action or mn-aodon acimortee no saver how long the same may continue, shall never be darned a waiver by Grantor of my of its rights hereunder. 9. This assonant shell be binding upon the successors. Vernon, lessees, licevsere, and assigns of (inserter and Grantee for as long a It =Aim in full foree and effttt 10. This warrent shall replace an easement between the paries damdNovember 10. 2000. IN WITNESS WIIEREOF, the City ofBmgor has caused grin inmmoent to be exerted, achnawledged, and delivered in in rare and behalf by Edward A. Banets, its City Manager, tbeameno duly authorized, andPhillip Albert Granter beaio, her caused this isulmment ve be execute], acknowledged, delivered and duly authorized wme v✓v L, �s+-atSo� .mesa 2 ,xal6h9ffs`.rWls L.� 0 Parc a5/B] m-mr STATEOPMABJE PENOBSCOT, se. August ld .2001 Then persmlaBy appmv the Wove -named Edward A. Bane¢, CRY Manger. and ao ledged the foregoing fi tr MA w be his free acl and dead in We said capacity, and the free act and deed amid bodY mtpomte. Before me, - bmry'p ffi Mmey- - s%MNMRN S. HEIMANN, 111 MyIConlmiasinn Expires NCLNY PUBLIC, MAINE pry "MINIM McNt SJNUAMY 51.21004 STATE OF INE PENOBSCOT, N. a c 2001 Thm pMNAeNly appmedihe &o xmcd Phi1Ep Albert of Bangor and acknowledged _1be (pr2gOltlg NStmmentm hG h15 Etta Bcf a0d deed. Before me, FA' aIM,P Notmy Pnblid,"R.a�y-"�' a - My Commisaion Expires EVAHk Il'i WurPWk, aYLv M/ WmnYT EgIM OsanOYa.iWr DI SUNNT e::f ' LOT #16 XETIC NORTH �6 NOTE: SEE PLAN OF SUNNY HOLLOW SUBDIVISION RECORDED IN THE PENOBSCOT COUNTY REGISTRY OF DEEDS IN MAP FILE k D9T-8T LOT #15 SCALE: 1"= 40' DATE: NOVEMBER 7. 2000 10/16/2001 15:08 2078660031 GRIFFIN 8 MOM PAM 07/07 j01 -307 Description of Land In Bangor, Maine On Sunny Hollow A certain lot or parcel of land situated in the City ofBangor, County of Penobscot; State of Maim bounded and described as fellows: Beginning at a point on the southerly side of Sunny Hollow Place as shown on a plan rewrdedin the Penobscot County Registry of Deeds in Map File D97-87, said point being S 49°26'40" W fifty-two and seventy-seven a= hundredths (52.77) feet from a #6 rebs at the northeast coma of Lot #16 as shown m saidplem, themes 9 65003.20" W, by and along a chord paralW to house#132and twenty(2C)feetfmmiSilmty-tlrftar tweotyaw onehundred (33.22)Rnroa ! point on the south side of said Sunny Hollow Place; thence northeasterly, by and almSa curve to the left with a fifty (50) foot radius and being the south side of said Sunny Hollow Place, thirty-three end eighty-six one hundredths(33.86) feet to thepoivt of at beginning. jI 1 q 1 4 1 A aENNouscoT �Cr/r uTNr+^.NJJ�NB �: aofDmis " ® Description of Land In Bangor, Maine On Sunny Hollow A certain lot or pamel of land situated in the City of Bangor, County of Penobscot, State of Maine bounded and described as follows: Beginning at a point on the southerly side of Sunny Hallow Place as shown on a plan recorded in the Penobscot County Registry of Deeds in Map File D97-87, said point being S 4926'40" W fifty-two and seventy-seven one hundredths (52.77) feet from a 46 rebar at the northeast comer of Lot 416 as shown n said plan, thence S 65003'20"W, by and along a chord parallel to house 4132 and twenty, (20) feet from it, thirty-duee and twenty-two one hundreddu (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 with a fifty (50) foot 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. LOT #16 WALNET IC HOPTN NOTE: SEE PLAN OF SUNNY HOLLOW SUBDIVISION RECORDED IN THE PENOBSCOT COUNTY REGISTRY OF DEEDS IN MAP FILE # DST -87 - LOT #15 SCALE: 11'= 40' DATE: NOVEMBER 7, 2000 0