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Home My WebLink About1996-11-25 97-20 RESOLVECOUNCIL ACTION Item No. 97-20 Date November 25, 1996 Item/Subjects Resolve, Ratifying Execution of Assent to Granting of Pole Line Easements -- Shaw's Project on Lower Main Street Responsible Department: Legal On September 13, 1996 the Bangor Hydro -Electric Company received an easement from Penobscot Development 4mited Liability Company in conjunction with the Shaw's project. Since the City is the owner and holder of a legal interest on the property referenced in the: easement by virtue of our development agreement with Penobscot Development, the easement requires approval by the municipal officials. This Resolve would ratifF the Manager's execution of the assent. Department HeadU Manager's Comments: iv ity Manager Associated Information: Assent, Easement Budget Approval Finance Director IA - City Sol'c'tor Introduced For CONSENT AGENDA Passage First Reading Referral Page 1 of 9 9]-20 Assigned to Councilor teen nooember 25, 1996 CITY OF BANGOR �T Ratif in Executi n of Assent to Granting of (TITLE.) G"¢sDIUB�.............%.....9_....._...._....�°._....._......._......................._...._.._..___.........._... Pole Line Ma„ementa..... ..W1,ap s, Pgpjec [,_on Lowei Main Street By W CRY cmand dthe City ofBaayor. RBSOLVRB. the action of Edward A. Barrett, City Manager, on November 20, 1996 in executing an Assent to Granting of Pole Line Easements to Bangor Hydro -Electric Company is hereby ratified and affirmed. Copies of the referenced assent and easement are attached -to this Resolve. IN CITY COUNCIL November 25, 1996 Paeaed TY LERg 9]-20 R E S O L V E Ratifying Execution of Assent to Granting of Pole line Easements - SF9da Project onnj(Lowwne(rr Main Street i 9J-20 ASSENT FOR LEGAL INTEREST &MMA 0 LOXV19410Names USA go KNOW ALL MEN BY THESE PRESENTS, That CITY OF BANGOR, a municipal corporation located in the County of Penobscot, and State of Monte, is the owner and holder of Development Agreement by virtue of remain document dated January 3, 1996 and recorded in Penobscot County Registry ofDceds in Book 6028, Page I, winch constitutes a legal interest in and to certain real estate located 9 Bangor, County of Penobscot; Sate of Maine, described in deeds dated January, 3, 1996 and August 30, 1996, recorded in said Registry of Deeds in Book 6027, Page 316 and Book 6213, Page 193, respectively, to which reference may be had for a statement of the terms and conditions of said legal interest and a description of the premises, both being incorporated herein by reference with the same efke[ as if fully ser forth herein; that the owner of said premises, Penobscot Development Limited Liability Company, who by Easement Deed dated September 13, 1996 conveyed to Bangor Hydro -Electric Company, Inc. certain rights, privileges and easements therein fully set forth, which Deed is re?dact or is m be recorded at said Registry of Deeds and to which reference is made for a statement of the rig It . privileges and easements so conveyed; that for consideration given to the owner and holder of said legal interest the receipt whereof is hereby acknowledged, the undersigned, owrher and holder of said legal interest does hereby assent to the granting as aforesaid of said rights, privileges, and easements and fo the exercise dhereofby said BANGOR HYDRO -ELECTRIC COMPANY, a Maine corporation organized recording to law and having an established place of business at Bangor, Maine, its successom and assigon forever, free Who operation of the aforesaid legal interest IN WITNESS WHEREOF, the said City of Bangor bas caused this instrument to be executed by its duly authorizedrepresentatve,Ws 20thdayof, November A.D. 1996. City yoofBroil .gyp. By: t�-Zvlit Edward A. Barrett Its City Manager S"FATE OF MAINE County of Penobscot ss November 20, 1996. Personally appeared the above-named Edward A. Summit not acknowledged the foregoing rostrum ad to be his free ae and deed and the free act and deed of said municipality. Before , Hoary Public Print Name of Notary: Terri Lee Corey 12/23/96 .:a 9I-20 KNOW ALL MEN BY THESE PRESENT$Thet PRNOBSCOT DEVELOPMEME LIMITED LIABILPPY COMPANY, a Mei" Edged liability memory with a principal plea of Intrandam M Pan W d, Sfimw ping the owner in f simple Ofewin adds focused In the City ofBareos, U-unry of baseball. StR of Mai", eM tlevabef as W Ilaxa viz Bei"tad genion conveyed by A. Kuy D"dY and SF®m 0. SpJoner w tM1e Griner Ferein by rr tlxddmo]Ianuuy 3, 1996 aMrtmrticiin lFe Pawbxol COmuy Registry o(DeeN in Bonk603Y, Page 316 uN W u pemian wmeyed Ey Cily of Bogor ro 1M Gnnwr M1ercin by d<etl dautl Augu4 Jo. 1996 antlremNedinseid RegNryin Book 6]1]. Page l9]: for (remembered, word by BANGOR HYDRO ELEMIC COMPANY, sem"moon Qp issd and arms under the has of CM State ofMaim am Faring in pi"ipal plea of basic at Bangor, Caumy, Of Penodi Scale of Main, do weipt wMref is Mcb%x.l vrec Jas lurtby disc com,and runway ad mid Bangor HYdrwPAcuic(:amPMY, its vxcasvm am as f ver, the right, privileges eM easvnmb if Fvor rAdInch, wbirL are to h demists upas and with mayal w so much of a strip of land 20 feel in width Wareotim lmglM1day lin wffiin Ne afometl leads Said adds king slival on 'Exhibit A'. anacMd bere aMmaaeapanhmenf. no rigFu. pdvilegea and endorsed hearbY assayed for fail ity paRnw with moped to mid only an, aakllowa: wwurman, said lards lei, mm and anveyer¢naM all mxesserylroh. meshioery,vc ipment ass, mi do,to demand, try,bury.hand. cmnme, maidaineditors, rapid. rebuild, and samosa underground when, cables eMuit, slim, armsfm mawaIng ewipmem, proucuve eM ser fay system. msnkoles, and other apgnws man temefulfa the Jursmusion ofdenricity, as [be Grange herein meY from mew tins dedim, upon dollar level, the sulfate of the obi the riphuo transmit disunity add inulligeae vv, through and by mid added, coo v, evic duag,"comman a, switching equipment, reamers and under, devices, marked and other appliance; led the right to keep said strip dnrcd by any lawful =am Of vee, undcgwwh and all Oher abaWctions Also renewing to mid Bangor Hydra Eleel is Connery, its marcmors aM adPopwe night to plate the, rwFesxary eFovegmwd gdmnuoa tmnRmmers and uleunical d",m, with Parr, onessary wires, cabb, onMiq Anda, and Saturni mmlod lhemw. wildn the daimeavimed scrip: with the rigFuo mvsmv dectriaiq and imNJgd tet over, through ad by sola wires, cables, mvaud, dwt, fixtures rytlmoara eevdmmarF add dedried result. .Able cunvrying the dot w amm coma like ham said mvip underground to had area ad buildings an now Iowa] a to W Ilegs on said pemian Al m consisting w wad Bangm HydmElwA d syndicate, its ernes and coign; the right, privileged am easements to descent usiawin and Operate o line of pages vA wince with dome fixtures and mppmt. on a tempmaro basis, on said broad in men mmdd m w provide electric etvia w(xirtim and b dhnj-e being ilea bor the Mrei, dnvibea udvgrmnd system: m me mem o fault anmm in the undetermined ryyam ,luring a added of cies, a e when it may be diRmlt impossible, due 10 xvuher condition. ground eovdidan d. dhawir, to repair such carcinoma system: said ms of polo and warts to be lotrmv(eMaiaM music . leceowsaidowoomam epgremv aandodyeeread dispiedose Bce r rod from intelligence iidemtime. Almzcvryiagfoe stillpmilesas am mumadesb snstm4 mgivmiR apxete and upg^de!mm �" IJ am igs with tk time as time on mid lad, fdmihyr porymed aline starting ofone plat, amkn w lememeryfixtma and suppmb,[be unto remove of mid lead Ming dumbed as Stil : beginning at the conhwwetly bound of Main Street appwximeaely 50 Ra sooNssi c ham the mw wuNMy Comer of Parretti vow Or fort Troves of Stillwater Ropy Trost ad games canning nomeriy on [be Volume Of the GrmweWon Or the utility pale shown On 9FOI dBYiMa A, with lire right to varmint durichly aM imelligma ave anis line, rid w der vA tlislww a(mg+fedng sen antl dM1er Bm`agh fiom lime m ease: Tee Border fd itself rid its Malls aM a®ger, mvmaw and eommto and with the Gras"; it and assigns. Shat it will ret ares or nuinrin d pmnit the erection or crematorium Of any kildh&. _ uailer,mobilekmq mimming Wol, income 9mdm mq army Misconstrued.. fpsaid adpdwithin creativeof said line, my d all of which in Be opinion of the Grmgq its suremmd, and assigns. would smudged or added, with gas "traded of any Of she rights, privileges and medlar M1nebymural Also vermins w aid BMW HyAirPaaNc Comgoy, its aueuwrs attl vaign. the allow c aablish mry and all wfety regoletiow wFkF mid Company, in By, ale chandler, omms Monetary aid pastes for thevan wnofdwricity wm¢Ilimace, and for the conservation antlmNmnmrae of mid pokq when. dream,ratkq cwtluFq dem, membranes, smashing eyuipmrn4 protective uM akry derive mmholes, and mhn eppmuus wed m ocefal for ds vumnivion of ekddtity; my inmfae w, or violation by aid Orymm, its suuesson and maps, as determined 4 the Borrow, ratio misty regulations, shall mmtimtean int4fdmx vain add violative ofthe tighn, privileges and women hereby Wood. This wnveyuue u subject to dee Carol yrsment uW mvmaos to promptly Moore tee sushm of tM Grounds lmw w its f for conditions after an ewevnim or stonemason or said surfrx in mmwam wire res auease of me ngeq pmiiegm and eazwun eerdn Wood, aoce redaatim w he Lound to reemdmg, express ending, and rr.apFating of aid Meda. Also studying to mid BMW Hydra -Electric Company, in suceeawrs and utlgu, the forever mop to o l in waste or in far{ airy, or all of Joe rights, privileges, and euvrsms herein set fmF. TO HAVE AND TO HOLD the aid righu, privileges and wemeMt to said Bangor HydmDemand Comryoy, in succeeded and ashen Vassar. IN MTNESE WHEREOF, Ibe mid Pwlmen Dc+eopmml LLiability mpoy FuuuudN instrument b be executed by its duly autMnud reptemmatia rlde day of rJvm wr AO. lend. IABIVIYCOMPANY toe M1F. Bouba,le Member STATE Of MAINE County OfPendbent, m, S2�WiQYL 13 Had, Personally appeared the above-named lours F. Sooner and acpnowlalgei the foregoing imtwnmr to he his free acct and dad udshe free act and dead of said mrporwo . Bei trs, f_I-�i % NmvaryP Ic U PnntNoneofNoory:,.nro�fC^ Za�t'QioS MAGNETIC WORTH tE wow OR FORMERLY TRUSTCCS OFSTILLWATIOR REALTY TRUST VOL. 3G31 PG 274 20 WIOE� SHAMS SUPERMARKET EASEMENT STRIP WOW OR FORMERLY PENOBSCOT DEVELOPMENT LTD, LIABILITY CO. VOL, 6 E 13 -P& 193 CERTIFICATION BY: DAVID B. POOLER I HEREBY CERTIFY THAT AS OF AWUST 21,1990 THE AITHIN TMEBfV,N05 1�THEV.ASEMENT A¢ EA AS INDICATED. $MWED: XJ— ff, NOTES I. BOUNDARY LINE SHOWN AS,PER SURVEY PLAN TITLED 'LAND TIRE SURVEY PREPARED V ?R" PENOBSCOT DEVELOPMENT LTD. LIABILITY CO. ON PROPERTY LOCATED ON MAIN STREET, BANGOR, MAME"PREPARED BY DOUCET SURVEY W0. DATED JAWS,1995 AND REVISED AUG. 23, 1990 RECORDED IN PENOBSCOT REGISTRYi OF DEEDS AS PLAN Ne. 1996-66 2, BEE PLAN REFERENCED ABOVE FOR OTHER EXISTING AND PROPOSED UNDERGROUND UTILITIES WITHIN ELECTRIC EASEMENTAREA. In EASEMENT PLAN O SHOWING LOCATION OF UNDERGROUND ELECTRIC EASEMENT SERVING PENOBSCOT DEVELOPMENT LTD. LIABILITY CO. MAIN STREET BANGOR, MAINE FOR BANGOR HYDRO-ELECTRICCOMPANY SCALE: 1" ^ 40' w W f N LEGEND — PRIMARY LINE P Z SECONDARY LINE ® TRANSFORMER AND FOUNDATION Q O IRON PIN O UTILITY POLE In EASEMENT PLAN O SHOWING LOCATION OF UNDERGROUND ELECTRIC EASEMENT SERVING PENOBSCOT DEVELOPMENT LTD. LIABILITY CO. MAIN STREET BANGOR, MAINE FOR BANGOR HYDRO-ELECTRICCOMPANY SCALE: 1" ^ 40'