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Tree Planting Easement Agreement

The Bath Community Forestry Committee, working with the City of Bath have crafted this Tree Planting Easement Agreement. Based on Bath's Comprehensive Community Forest Inventory, identified "planting sites" on City owned property were evaluated as to their real potential as planting sites. As an outcome of the 2001 Ice Storm Recovery Grant, through which long over-due tree remediation work was addressed and 144 trees were planted, it became apparent that the City had very few, real potential planting sites on City owned property for all sizes of trees and allowing for the continued diversification of Bath's community forest. It was realized that there exists many potential planting sites on non-City owned property. The agreement below reflects the City's effort to continue "to protect, to expand, to preserve, and use wisely, the forestry resources found within the City of Bath, Maine." With the agreement and consent of property owners, this agreement allows the City to install and maintain trees on the owners property, at no cost to the property owner. For those who could not otherwise afford to or be physically able to install trees on their property, or who wish to improve the aesthetics and value of their property, this is an instrument by which it is possible to have trees planted on their property. For those interested, the Bath Forestry Division and the Bath Community Forestry Committe are available to consult with property owners about proper tree selection and siting. Also, those interested should review the agreement with their personal lawyer.

Please print out the agreement below the line, or click on the Easement link below to access an Adobe PDF file version of the form. If you have any questions about this agreement please feel free to contact the Bath Forestry Division or the Bath Community Forestry Committee using the contact information found on the homepage (see link below).

In this agreement, the City means the Inhabitants of the City of Bath, a body politic and corporate in Sagadahoc County, Maine, and the Property Owner means ______________________________________, of Bath, Maine. The Property means the land at ___________________________, Tax Map _____, Lot _____, in Bath, Sagadahoc County, Maine, more particularly described in the instrument recorded in the Sagadahoc County Registry of Deeds in Book _____, Page _____. The Tree means any tree which the City has palnted (or may plant in the future) on the property, and, if there is more than one such tree, this agreement applies to each of them. For consideration paid, the Property Owner grants the following rights to the City with respect to the Property and the Tree.

• The City, acting by and through its officers, agents, and employees, may enter in and upon the Property, with equipment, for the purposes of inspecting, maintaining, caring for, and replacing the Tree. These purposes include, but are not limited to, watering, fertilizing, clearing interfering vegetation, and excavating upon the Property. Following any such excavation, the City will restore the surface of the Property as near as practible to its former condition. The City's right to maintain the Tree is exclusive, and neither the Property Owner nor any other or future owner of the Property shall have any right to interfere with the City's maintenance plans or to undertake any seperate maintenance of the Tree.
• The City shall not be liable for any damage or injury to persons or property arising from or occasioned by its exercise of the rights granted by this agreement, unless caused by the willful and intentional acts of the City's officers, agents, or emplyees.
• This agreement shall be construed as an easement running with the Property for the benefit of the City and its successors or assigns. The City may assign its rights under this agreement to any person ot entity.
• This agreement shall be governed by the laws of Maine and contains the entire agreement of the parties, superseding any previous agreements between them. The terms of this agreement may not be amended or modified unless by a written agreement signed by both parties.

Witness my hand and seal as of this _____ day of __________, 200_.

Witness:

_________________________
- Property Owner

_________________________
- Print or type name as signed.

_________________________
- Property Owner

_________________________
- Print or type name as signed.

Sagadahoc County _______________, 200_

Personally appeared the above named ________________________ and acknowledged before me the foregoing instrument to be _____ free act and deed.

_________________________
Notary Public/Attorney at Law

_________________________
- Print or type name as signed.

Easement

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