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Home My WebLink About2001-09-10 01-354 ORDERItem No. 01-154 Date: Seocember 10, 2001 ]tem/Subject: ORDER, Authorizing the City Manager to Bzecute an Easement W Georgian Ellis -- 80 West Broadway (Assessor's Map 22, Lot 52-A) Responsible Department: Legal A contractor error in the construction of a two car garage on property located at W West Broadway has resulted in violation of the Cry's front yard setback requirements. Unfortunately, the error was not discovered until the garage was substantially completed. Demolishing or moving the gamine would rause a large financial loss to the homeowner. The error does not qualify for a variance. In addition W the sidewalk there is about 20 feet esplanade before the street which is the Well residential street in pool With no reason M ever make West Broadway any wider, an easement could be granted to Ms. Ellis for the purpose of meeting the required setback for the garage. The Infrastructure Committee considered this Item at its meeting on August 28, 2001 and recommends approval. Manager's Comments: 79m4VUL City Manager Associated Information: Easement France Director Legal Approval: City Solidw Introduced for CONSENT AGENDA xpassage _First Reading Pal 6 Federal AsaipwJWCoRneilm Perringtw September 10, 2001 CITY OF BANGOR (MILE.) ORDER, Authorizing the City Manager On Execute an Easement W Georgians Ellis -- 80 West Broadway (Assessor's Map 22, Lot 52-A) By Bre Ofy awry Of She O'b Of6an5a: ORDERED, THAT Edward A. Barrett, Qty Manger, is hereby authorized, on behalf of the tatty of Bangor, to execute and deliver a certain easement to Georgian EMS, granting an easement for the purpose of meeting setback requirements. A copy of said easement Is attached to this Order and is incorporated herein by reference. IB CITY COUNCIL September 10, 2001 fiction Made and Seconded to me this item from the ent Agenda and consider under New Business. Notion Paeaed Head as the first item on the Consent Agenda Motion Made and Seconded for Passage Ed Bearor. attorney for Georilama Ellis. and Na. Ellis requested passage of thing iten Motion to Amend to grant conditional easement pending meification of abutters Motion Boobted Motion Withdraw Fussed EB�� P� 1 N 01 -BBA (TITLE,) Autborirmg the city Mamager to Execute m Essembeat to orgvm 81118 - N Nest BrwMay (Assessors Bap 22, Lot Assigned to Coouuunnnc9illoorr//q,�I �(6y�y±l !/i ✓�"' "s GO 01-354 Easementmade Ws 13*1 dayof September 2001 by and between tae CITY OF BANGOR (hereinafter refened to as Grantor), a municipal co gorstion located in Burger, Penobscot County, Maine, and GEORGIANA ELLIS of Bangor, Maine (hereinafter referred to as Grantee). WITNESSETH: WHEREAS, Grantor is the owner of West Broadway right-of-way; and WHEREAS, Grantee has developed a certain lot or parcel of land on West Broadway in Bangor, Maine, with a single family residence; and WHEREAS, Grantee's garage does not am the setback requirements of the City of Bangor's land Development Code along West Broadway; and - WHEREAS, Grantee requires an easement from Grantor to be in compliance with the City of Bangor's Land Development Code along West Broadway, NOW, THEREFORE, for consideration paid by Grantee to Grantor and in consideration of the cavernous 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 conditions hereinafter set forth, an easement to use far the purpose of meeting the City of Bangor's Land Development Code setback requirements, the premises described as follows, to wit: See Exhibit A attached hereto and incorporated by reference herein. 2. Grantor does not warrant tideto 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 the right to construct, maintain, use and operme, on the present glade, or such goods 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 Grantor's Wert Broadway right-of-way adjacent to the afaredescribed premises, all or my 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 does forever release Grantor from at claims or demands which Granter, his successors andl 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 tberom, of any nature wbatsoever, on account of Goatee's right to use said premises. 4. No billboards,signs,handbills ,posters, or advertising materials of my End shall be erened, displayed, placed or maintained upon the subject premises. 5. Games shall repair, at his sole expense, any damage to streets M public utilifies arising from the exercise of his rights under this easement. 6. The rights confined hereby shall be the privilege of the Grantee and his successors and assigns and no oNer use is peradaed than for the purpose stated herein without the prior written consent of the Grantor. ]. 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 requirement of the City of Bangor's Land Development Code. S. Failure on the pan of(MMor to complain of any action or nn -action ofGmntce no matter how long the same may continue, shell never be deemed a waiver by Grantor of any of its tights heremder. 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, aclmowledged, and delivered in its name and behalf by Edward A. Baited. its City Manager, thereunto duly authorized, and Georgian Ellis, Grantee berein, has caused this instrument to be executed, acknowledged, delivered and duly authorized. CITY OF BANGOR /a Ed wmd A. Burrett Its City Mamager !` �nM/ACCi/ 1. Cf " *S* GeorgiElli6 'STATE OF MAWS PENOBSCOT, as. .%t,'l'r,. �.. //yy •2001 Then personally appeared the above-named Edward A. Barren, City Manager, and acknowledged the foregoing Inslmment to be his free act and deed in his said capacity, and the Five act and deed of said body corporate. Before me, otary PublidAtto ey-at-Law My Commission Ex*MAN S. HERMANN, III NVARY PUBLIC, MAINE NY OWINIUN DPIRM UNMBY al, trot STATE OF MAINE PENOBSCOT, as. $e .- 1 2001 Than personally appeared the above-named Georgina Ellis of Bangor and acknowledged the foregoing instrument to be her Gee ad and deed. Before me, CC nn l N GAnoxpires-Law My Co nrL� ion Expires �t�1 mc.� S.Beoror MORTGAGE INSPECTION SKETCH fi ` O IRON ROD (FOUND) 0 UPLRY POLE - - OVERHEAD WIRES PUSGA & DAY - SOCRADE MNa LAND SURVEYORS a e e I EXHIBIT SWIE: 1'- 30 q OI -356 MORTGAGE INSPECTION SKETCH N j\( d m M / l PLISGA & DAY LAND SURVEYORS LI SCALE:s r. 3v s a a LEGEWL O IRON ROD (FOUND) 0 UTLITT POLE ------ O%ERHEAD WRES —n— STOCKADE FENCE mEXHIBIT !A