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Home My WebLink About2001-09-10 01-362 ORDERCOUNCIL ACTION Date: 09/10/2001 Item No.: 01_363_ Item/Subjw : Granting Easement in Eitlredge Road Right -Of -Way to Thomas Ellis RespoOsible Deparnmem: Engineering Commentary: The Planning Board recently approved a ISM Development Pe mit far a 40,000 square foot recoil building proposed by Developer Thomas Ellis, Income on property bounded by Stillwater Avenue, Kittredge East, and the proposed relocation of Me lower end of Kimmins Rwd (which was appoved "m City Council m 1999). A tradition of Me Planning Board's approval is for Mr. Ellis m secure an easement within the adjacent portion of Kittredge Road to meet settaa4 requirements %an We lower and of Kimedge Road is retracted, Le portion of &a existing KimeAge Road righlrof-way adjacent will be discontinued, and ownership (half to each side) will revert to the admrn. Us elected Order auMaius execution of an seasonal conveying sethack rights to Mr. Ellis within Nat portion of the Manage Rnad right -of way which will eventually revert or him. The Council pmvioualy conveyed a dustier common to prior owns of We same properyfor a project than did not news forward. Thal easement was extinguished open sale of the proyalyto Mr.Ellis. Acopyofthe Wm damemandatq mskdchisalmcM1 d. J yvemeru Neal Managers Comments: an ummsa. � Ammiatedltd'olmaaon:QAAsor 09m,wesT Budget Approval: Flrwnce Dvxtw Legal Approval: asci Introduced For: Ifu��j Passage First Reading ❑ Refetml Page of 01-362 Aesipned 10 Counciloe Farristwon September 10, 2001 /�pp CITY OF BANGOR (TITLE.) v1Yr11gr, ...... ....... Gm+dng Eascmenlln KWrop Road Right-ofWaym-._........ Thomas Elliv BY W aim Cwneii of the of 011"per: - ORDERED, TMT WHEREAS , w August 21, 2001 the Bangor Plamung Board approval a Land Development Permit for anew retail complex m 982 Stillwater Avenue proposed by Thrums Ellis, and; WHEREAS, a condition of said approval is for the Developer to secure an easement within a portion of the existing Kim xige Bond right-of-way to meet setback reqummeents, and; WHEREAS, the City of Bangor proposes to relocate the lower end of Kittredge Road, which will result in discontinuance of the portion of Kittredge Rond adjacent to the Development proposed by Mr. Bilis, and; WEBS S, upon discominmame,halfof the adjacent portion of the KinrNge Road right-of-way will revert to the abutting property, no; WHEREAS, conveyance of an easement to Mr. Ellis prior to discontinuance will not adversely impart Public use of the Kittredge Road; NOW, THEREFORE BE IT ORDERED, that the City Manager is hereby authorized and directed to execute an easement conveying rights to Thomas Ellis fortheputposeofineetingsethackrequiremems. Acopyoftheeasementis attached. i:E al se<ovded 01-362 ORDER Title, Granting Easement in ntCxedge Road Eight of Wy to Timmons Ellis ...................................... ...................... 4.... 4.......... Meipmd to Counai an 01 -?62, 51r 5/ EASEMENT Easement made this day of , 2001, by and between the City of Beazer (hereinafter referred as to Grantor) a municipal corporation located in Bangor, Penobscot County, Maine and Tom Ellis, Penobscot County, Maine (hereinafter refemd to as Grantee). WITNESSTH WHEREAS, Grantor is the owner of Kittredge Road right-of-way, and WHEREAS, Grmme proposes to develop a certain lot or parcel of land on Kittredge Road in Bangor, Maine; and WHEREAS, Grantee's proposed development does not meet the setback requirement of the City of Bangor's Land Development Code along the Kittredge Road; and WHEREAS, Grantee requires an exsanent from Grantor to be in compliance with the City of Bangor's hand Development Code along the Kithedge Road; 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 them 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 for the purpose of meeting the City of Bangor's Land Development Cade setback requirements the premises described as follows, to wit See Exhibit A attached hereto and incorporated by reference herein. 2. Grantor does not warrant title to the afirnmescribed premises in which the foregoing easement is granted and does not undertake to defend Grantee in the peaceable joymeatihereof. 3. Connor notorious the 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 or Grantor's hGthedge Road right-of-way adjacent to the aforedescribeci premises, all or any of which may be freely done at any lime 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 all claims or demands which Grantee, his successor and assigns, may have or hereafter acquire against Grantor by reason of or on account of my injury sustained to the aforementioned premises or my improvements thereon, of my nature whstmever, on account of Grantee's right to use said premises. of-Mz 4. No billboards, signs, handbills, poears, advertising materials, of any kind shall be emoted displayed, placed or maintained upon the subject premises. 5. Grantee shall repair, at its sole expense, any damage to streets or public utilities arising from the exercise of its rights order this easement. 6. The rights conferred hereby shat) be the privilege of the Grantee only, and no assignment or transfer hereof shall be made, or other use bepermitted than for the purpose steed herein without the prior written consent of the Grantor. 7. This easement she terminate in the event that the Grantee no longer needs the subject premises fa the purpose of meeting the setback requirements of the City of BangoYs Lard Development Code or in the event that the City discontinua that portion of Kittredge Road which abuts the subject premises. bttheeventetermmatumby discontinuance of the portion of Kittredge Road which abuts the subject premises, Grantee sliall remove any driveways they may have constructed to cormect then property to the IGttredge Road. - 8. FaOme on the par of Grantor W complain of any anion ornon-action of Grantee no matter how long the sane may continue, shall never be deemed a waiver by Grantor of my of its rights hereunder. 9. This easement shall be binding upon the successors, tenants, lessees, licensees, and assigns ofGrautor and Grantee for as long as it remains in full force and effect. IN WITNESS WIIBREOF, the City of Bangor bas caused this instrument to be executed, acknowledged, and delivered in its name and behalfby Edward A. Barrett, its City Manager, Hereunto duly authorized, and Tom Ellis, Grantee, herein, have caused this instrument to be executed, acknowledged and delivered. CITY OF BANGOR Edward A. Barren Its City Manager 0G1 1 AIM 01-362 STATE OF MAINE PENOBSCOT, ss 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 the body corporate. Before me, Notary Public STATE OF MAINE PENOBSCOT, ss Then personally appeared the above name Tom Ellis and acknowledge the foregoing instrument to he his free act and deed. Before me, NotaryPublic /24' MAPA 5' MPPLE / 5 s e N/F FRED GALLANT AND MICHAEL M. MCLADI R61 L6 SCALE 1 "=50' Md N/F P�ej LUCILLE P. DORR AND FREDERICK L CORR $, R60 L11 1.2 ACRES GENERAL COMMERCIAL r MAPLE ANDHO SING / BIRCH 1 Fi 6' MAPLE 6!' cC6 �� 8 APPLE m �O .9A E oe NF ALBERT H. PARSONS 20' MAPLE AND KATHERINE. M. PARSONS l..✓ MAPLE CLUMP 26' MAP 24" MAPLE � R60 L12 / JN <�MAVLE cwMv 2.905 ACRES \ 16.16' / EXISTING K GRANG 22eMAPLE PAR Exhibit A Proposed Easement Tom Ellis/Stillwater Retail 2001-087.01