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HomeMy WebLinkAbout2000-06-12 00-248 ORDERItem Moi_ '00-248 Date: June 12 2000 Item/Subject ORDER, Authorizing the City Manager to Accept an Easement Deed From Hiltop Inn, Inc Responsible Department legal Commentary: In 1997 the City deeded a parcel of land to Hilltop Inn, Inc. on Union Street The City retained an easement to provide access to the detention pond abutting the parcel. Hilltop Inn, Inc.'s latest phase of development of the parcel infringes upon the 1997 easement. This order authorizes the acceptance of another easement to provide access to the detention pond while accommodating the development. The developer's site plan approval from the Planning Board in May was conditioned upon this easement. Department Head Manager's Comments: City Manager Associated Information: Order, Easement Hname Dirmuw ltroduced for _ Passage _ First Reading Page or Referral 00-2ca_ Assigned m CoWGbrPalmer June 12, 2000 CITY OF BANGOR (TITLE.) Authorizing the City Manager to Accept an Easement Deadflmn Hilltop Inn, Inc. -- union Street By the City Cbuiwt a Me Ory of &r .. ORDERED, THAT the City Manager is hereby authorized and directed, an behalf of Me City of Rangar, M accept an easement Mead hom Hilltop Inn, Inc. A copy of Me easement deed shall be subsMndally in Me fmm as stanched to this Order and approved by Me City Saddler. IH CITY C009CIL June 12, 2000 Motion for Passage Made and Secmmen Passed Ci &— W Tide, Authorizing the City Manager to Accept an Sasemeut peed from MUtap Inn, Inc. - poiou Street 00448 " EASEMENT Hilltop Inn, Inc., a corymation organized and existing order the laws of the State of Maine and located at Bangor, Penobscot County, State of Maine, for consideration paid by the City of Bangor, a municipal corporation, located in Penobscot County, State of Maine, the receipt of which is hereby acknowledged, grants to said City of Bangor, its successors and assigns forever, an easement consisting of the right and Privilege perpetually to enter at any and all times on foot and with motorized vehicles over, and across a portion of a parcel of land located on the southwesterly side of Union Street in Bangor and further described in a deed from City of Bangor to Hilltop Inn, Inc. dated August 22, 19W and recorded m Penobscot Registry of Deeds. Vol. 6511, Page 154, said easement described as follows: Access to all meas designated on Exhibit A attached hereto. The easement herein granted shall include the right to enter upon the above- described easement mea and onto adjacent land of the Grantor at all reasonable times with jewsomml, vehicles and equipment for the purpose accessing Grantee's property along the westerly ad southwesterly boundary of Gmntar's Property described in a dead from City of Hangar to HiBmp Inn, has. dated August 22, 1997 and recorded in Penobscot Registry ofDeeda Vol. 6511, Page 154. The Grantor agrees, for itself and for its successors and assigns, that it shall not place any permanent obstructions of any kind within the easement area described above, but grantor shall otherwise have full use and enjoyment of its property. Grantee shell not be responsible for any damage to Grantor's property miring out of trance's use of the easement area, unless said damage is the result of Grantee's negligence. Grantee shall pursue a good faith efforts to insure that its exercise of the rights under the easaned not interfere with Grantor's or Gmnmr's successors and assigns operation and use of the easement area. Grantee hereby area to maintain ineurame coverage in the amount of $400,000 per person 1$400,000 per occurrence. For Grantor's source of title am deed from City of Bangor to Hilltop Ina, Inc., dated August 22, 1997 and recoNed in the Penobscot County registry of Deeds in Volume 6517, Page 154; IH WITNESS WHEREOF, Hilltop Its, lac. has caused this Easement Dred to be signed as an instrument under seal, this day of 2000. 00-268 '- Signed Sealedand Delivered HILLTOP INN, INC. in the Presence of witness Name: Title: State ofMmne Penobscot, ss. 2000 Personally appearerl the abovanamed Thomas J. Valley, its President of Hi0top burr, Inc and acknowledged the foregoing instrument to be hisdter free act and deed in his/her said capacity, vid the free set and deed of said corporation. Before me Notary Publio'Attomey-at-Law Printed Name: My Commission Evans: t <o m Ct -- idI �--- - JJ w.xr — — . — --" --- OF ss aN WBRCU _. e. a•I. + �11N1 M