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HomeMy WebLinkAbout2000-08-28 00-325 ORDERCOUNCIL ACTION Date: punnet 28.'2100 - Item NO.: 00-325 IteMSubjecC Authorizing City Manager to Execute Easement to Karen L.H. Allen and Jeffery L. Allen. (I' ax Map 1155, Lot 165) Responsible Department: Engineering Commentary: Jeffery, and Karen Allen are in rise process of purchasing a new home, which was reeently constructed at 28 Molly Lane During a routine mortgage inspection, it was discovered that the house, which fronts the cul -do -sac at the end of Molly Lane, do" not meet setback requirements by a few feet. Apparently the contractor made an error in establishing she setback line because of the curvature of the cul-de-sac r/w line The attached order outborizm granting an casement to the Allen's within the edge of the cul -do -sac right-of-way to accommodate setback requirements. This particular cul-de-sac is temporary in that a future extension of Molly Lane is planned within the subdivision, at which time the cuFdo-sac at this location will not be meeded. The easement does not compromise public interest in the right-of-way. A copy of the easement and a sketch showing the layout u attached. Depm(e NeaQ Msnagees Comments: C f£ -D LAWQ 4n( 4 - ciypraaaxer Associated lnf lien: 1 �^1 Budget Approval: Fir,mrce Dvx Legal Approval: C'ySd rt 1 � Introduced For: Passage First Reading friend Page of A%IgfRdto Councilor Baidacci sugast 28. 2000 CITY OF BANGOR (MLEJ Order, Autboro;ng City Manager to Execute Easement to Karen L.H. Allen and Jel L. Allen. (Tax Map U5, Lot 165) by Me Ery Coun o1 of tne City of Bangs: ORDEREDr THAT the City Manager is hereby authorized, on behalf of MO City of Bangor, to execute and deliver a certain assemenl dead to Koen L.H. Alien and Jatrary L. Allen granting an easement for the purpose of meeting setback requirempds. A copy of said easement deed is attached to this Order and is incmporeied herein by mferenco. Ili CITY CO MC11. August 28. 2000 I I KRKI— M(H335 97wTI�d1 Tid4 Authorizing City Manager to ezecute easement to Karen L-e.r Allen 6 Jeffery L. Allen (Tax Map a 5. Lot 165) 1 .�J I r .' EASEMENT Easementmads this 'ZcI_ day of v 2000 by and between the City of Bangor (hereinafter refemed to as Gra or) a municipal corporation located in Bangor, Penobscot County, Maine and Kam L.H. Allen and Jeffery L. Allen of Bangor, Maine (hereinafter referred to as Grantees). WITNESSETH WHEREAS, Grantor is the owner of Molly Lane right-of-way; and WHEREAS, Grantees have developed a certain lot or parcel of land on Molly Lane in Bangor. Maine with a single family residence; and WHEREAS, Grantees house does not meet the setback requirement of the City of Bangor's Land Development Code along the Molly Lane culdoaac, and WHEREAS, Grantees require an easement from Grantor to be in compliance with the City of Bangor's Land Development Code along Molly Lane; NOW THEREFORE, for consideration paid by Grantees to Grantor and in consideration of the covenants and agreements hereinafter set forth, the parties hereto, for themselves and their successors and assigns, agree as follows: 1. Grantor does hereby grant to Grantees, subject to the terms and canditions hereinafter set forth, an easement to use for 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 title to the aforedescribed premises in which the foregoing easement is granted and does not undertake to defend Grantees in the peaceable enjoyment thereof. 3. Grantor retains the right to construct, maintain, use and operate, on the present grade, or such grade as R may establish in the future. its streets, sidewalks, drainage structures and ditches, sewer lines and water linea, in, upon, along or across any or all parts of Grantors Molly Lane right-of- way adjacent to the aforedescnbed premises, all or any of which may be freely done at any time or times by Grantor, its employees, agents, or successors, without liability to Grantees or to anyone else for compensation or damage. Grantees do forever release Grantor from an claims or demands which Grantees, its successors and 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 thereon, of any nature whatsoever, on account of Grantees right to use said premises. 4. No billboards, signs, handbills, posters, advertising materials, of any kind shall be erected, displayed, placed or maintained upon the subject premises. 5. Grantees shall repair, at their sole expense, any damage to streets or public utilities arising from the exercise of their rights under this easement. 6. The rights conferred hereby shall be the privilege of the Grantees and their successors only, and no assignment or transfer hereof shall be made, or other use be permitted than for the purpose stated herein without the prior written consent of the Grantor. 7. This easement shall terminate in the event that Grantees or their successors no longer need the subject premises for the purpose of meeting the setback requirements of the City of Bangor's Land Development Code. - 8. Failure on the part of Grantor to complain of any action or nonaction of Grantees no matter how long the same may continue, shall never be deemed a waiver by Grantor of any of its rights hereunder. 9. This easement shall be binding upon the successors, tenants, lessees, licensees, and assigns of Grantor and Grantees for as long as it remains in full farce and effect. - IN WITNESS WHEREOF, the City of Bangor has caused this instrument to be executed, acknowledged, and delivered in its name and behalf by Edward A Barrett, its City Manager, thereurdo duly authorized, and Karen L.H. Allen and Jeffery L. Allen, Grantees herein, have caused this instrument b executed, acknowledged, delivered and duly authorized. CITY OF BANGOR 1 r Witness Edward A. Barrett Its City Manager GkLr {Gd ass Karen L.H. AJIen C i ttness y, ,Ag n STATE OF MAINE PENOBSCOT, ss. Zhod .2000 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 Me free ad and deed of said body corporate. Before me, I V"" ' Attorney STATE OF MAINE PENOBSCOT. as. Then personally appeared the above-named Karen L.H. Allen and Jeffery L. Allen of Bangor and acknowledged the foregoing instrument to be their free acts and deeds. Before me, LA ey rIIl-`S� 1 A Description of Land In Bangor, Me. A certain lot orpence] 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 wenaly side of Molly Lane as shown on a pin recorded in the Penobscot County Begisvy of Deeds in Map File D120-91, said point being N 69°09'59" W fifty-two and seventy-six one hundredths (52.76) feet from the southeast comer of Lot 465 as shown on said plan; thence northerly, by and along the west side of Molly Lane along a fifty (50) foot radius curve to the right, flurry -eight and ninety-one one hundredths (36.91) feet to apoint; thence S 15"02'46" E thirty-seven and ninety-four one hundredths (37.94) feet to the point of beginning. Bearings arc referenced to the Maine State Highway Commission Survey oft -95. r 0 H s W (n {1K i 6 1 1 Fa5Z9 E3%Ml�t ARl pl �\ MOLLY LANE "Y ExHtQgT DescriptionofLand 1n Burger, Me. A certain lot or parcel of land situated in The City of Bangor, County ofPenobscm, State of Maine, bounded and described as follows: Begmingatapoimondowesteriyadeof Molly Lane as shown on aplan reeorded in the Penobscot County Registry of Deeds in Map File D120-91, said point being 69009'59" W fifty-two and seventy-six one hundredths (52.76) feet from the southeast comer of Lot 465 as shown on said plan; thence northerly, by and along the west side of Molly Lane along a fifty (50) foot radius curve to the right, thirty-eight and ninety-one one hundredths (38.91) feet to a point; thence S 15002'46" E thirty-seven and ninety-four one hundredths (37.94) fat to the point of beguwing. Bearings are referenced to the Maine State Highway Commission Survey oft -95. tp14 9 1 MOLLY LANE