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
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