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Home My WebLink About1997-09-22 97-394 ORDERCOUNCIL ACTION Item No. 97-394 Item/Subject: Authorizing City Manager to Execute Easement Deed to Bangor Hydro -Electric Company (Hankin Industrial Park) Responsible Department: Legal The attached Order would authorize the City Manager to sign a easement deed granting Bangor Hydro -Electric Company a utility easement adjacent to public streets in BanAir Industrial Park. The easement is required to facilitate completion of the Federal Express project recently approved by the City Council. Z11A a LwW Department Head VU ,. Manager's Comnents: Q/d tM JqA ,r/. f Citt y Manager Associated Information: Budget Approval: Finance Director Mm- Lia City Solicitor VU Introduced For CONSENT Passage First Reading Referral Page 1 of 3✓_ Aeeigwd to Coundor Farnham September 22, I997 CITY OF BANGOR Authorizing City Manager to Execute Easement (TITLE.) ON Deed to Bangor Hydro -Electric Company (Banhin Industrial Park) BY the City ComwR of the city ofBansve. ORDERED, THAT the City Manager is hereby authorized, on behalf of the City of Bangor, to execute and deliver a certain easement deed to Bangor Hydro -Electric Company, granting a utility easement for provision of electric power to lots in the BanAir Industrial Park. A copy of said easement deed is attached to this Order and incorporated herein by reference. IN CITY COUNCIL September 22, 1997 Passed Councilor Tyler Abstained Ci Cle 9J-394 ORDER Title, Authorizing City Manger to Execute Easement Deed to Bangor Hydro - Electric Company (eanAir IMustrial Park} ............ ................ ......... ��............. Assigned to a A{ ...... . .. .. ..........goon...... go .ilman EASEBEFT DEED IO4OW ALL MEN BY THESE PRESENTS, That CITY OF BANGOR, a municipal corporation located in the County of Penobscot, and Share of Maine, being the owner in fee simple of certain lands located in the City of Bangor, County of Penobscot, State of Maine, and described as follows, vis: Being the same premises conveyed by the United States of America to am Glamor herein by deed dated December 13,1978 and recorded in the Penobscot County Registry of Deeds in Book 2940, Page 172 and the more premises conveyed by the Gaited States of America to the Cramer herein by deed dated October 25,1988 and recorded in the Penobscot County Registry of Deeds in Book 4568, Page 188. See also the corrective deed from the United States of America W the Greater herein dated July _,1997 and recorded in the Penobscot County Registry of Deeds in Book 6454, Page 305. A portion of said premises bring shown on a plan by James M. Greer and entitled Final Subdivision Plan In o or Industrial Park - Phase 2 and being recorded in said Registry on July 10, 1997 in Map File 199748; for consideration given by BANGOR HYDRO -ELECTRIC COMPANY, a coryoration organized and existing under the laws of the Store of Maine and having its principal place of business at 33 State Street, Bangor, County of Penobscot, Stale of Mame, the receipt whereof is hereby acknowledged, does hereby give, gram And convey W said Bangor Hydro -Electric Company, its successors all assigns forever, the fights, privileges and east encs W construct, maintain, operate and upgrade from time to came on said lands, for utility purposes, a line consisting of poles, anchors and wires with the necessary fixtures and supports, including stub poles, in, along and adjacent to and within five (5) feet of the roads, as now laid out or to be laid out on said portion of said premises, sand mads being shown on said plan; with the right W extend service from time to time either overhead or underground from said lines to sites on said prem[ and to sites off said premises; also the right to place anchors and guywires with the necessary fixtures and supports witbin 10 feet of the lot comers which intersect the road bounds; with the right to transmit electricity and intelligence over said line, and to clear and dispose ofinterfering roes and other growth from time W time, with permission to enter upon the said lands for the above purposes; fuller Warning to said Bangor Hydro -Electric Company, its successors and assigns, the power to assign to others, in whole or in pan, any or all of the rights, privileges and easements herein set forth. The Grantor for itself, and its successors and assigns, covenants and agrees to and with the Grantee, its successor; and assigns, that it will not erect or maintain or permit the erection or maintenance of my building, under, mobile home, swimming pool, or other connote, of my kind or noon, within fen feet of said line, any or all of which in the opinion of the Grantee, its successors and assigns, would endanger or interfere with the exercise of my of the rights, privileges and easements hereby conveyed. TO HAVE AND TO HOLD the said rights, privileges and easements W said Bangor Hydro -Electric Company, its successors all assigns, forever. IN WITNESS WHEREOF, the said City of Bangor has caused this instrument to be executed by its duly mthonzedrepresenmtivethis 26tb dayof soar>mb>r .1997. CITY OF BAND a G By: Edward A. w. Bonen Its City Manager STATE OF MAINE County of Penobscot, ss: rton ombar 24 .1997. Personally appeared the abovcnamed Edward A. Barren and acknowledged the foregoing instrument W be his free act and deed and the free act and deed of said municipal corporation. Before me, Nomry Public IERBI L COREY Prini NNne OfNolary: WCOMNINOTARYION P CE UROIC, NE kEER as. paw EASEMENT DEED KNOW ALL MEN BY THESE PRESENTS, That CITY OF BANGOR, a municipal corporation located in the County of Penobscot, and State of Maine, being the owner in ftt simple of certain lands located in the City of Bangor, County of Penobscot, State of Maine, and described as follows, viz: Being the same premises conveyed by the United States of America to the Grantor herein by dad dated December 13, 1978 and recorded in the Penobscot County Registry of Dodds in Book 2940, Page 172 and the same premises conveyed by the United States of America to the Grantor herein by deed dated October 25, 1998 and recorded in do Penobscot County Registry of Deeds in Book 4568, Page 188. See also the corrective deed from the United Slates of America to the Grantor herein dated July_, 1997 and recorded in the Penobscot County Registry of Deeds in Book 6454, Page 305. A"ion of said premises being shown on a plan by James M. Greer and entitled Final Subdivisinn Plan Baneir Industrial Park - Phase 2 and being recorded in said Registry on July 10, 1997 in Map Pile 1997-48; for consideration given by BANGOR HYDRO -ELECTRIC COMPANY, a corporation organized and existing under the laws of the State of Maine and having its principal place of business at 33 State Street, Bangor, County of Penobscot, State of Maine, the receipt whereof is hereby acknowledged, does hereby give, grant and convey to said Bangor Hydro -Electric Company, its successors and assigns forever, the rights, Privileges and easements to construct, maintain, operate and upgrade from time to time on said lands, for utility purposes, a line consisting of poles, anchors and wires with the necessary fixtures and supports, including stub poles, in, along and adjacem to and within five (5)fact of the roads, as now laid out or to be laid out on said portion of said premises, said roads being shown on said plan; with the right to Wend service farm time to time either overhand or underground from said lines to sites on said premises and to sites off said premises; also the right to place anchors and guy wires with the necessary fixtures and supports within 10 fee[ of the lot comers which ims meet the road bounds; with the right to transmit electricity and imelligenco over said line, and to clear and dispose of interfering trees and other growth from time to time, with permission to enter upon the said lands for the above purposes; harder granting to said Bangor Hydro -Electric Company, its successors and assigns, the power to assign to others, in whole or in part, any or all of the dgbts, privileges and easements herein set forth. The Grantor for itself, and its successors and assigns, covenants and agrees to and with the Grantee, its successors and assigns, that it will not erect or maintain or permit the erection or maintenance of any building, voile, mobile home, swimming pool, or other structure, of any kind or made, within war fes( of said line, any or all of which in the opinion of the Grand, its successors and assigns, would endanger or interfere with the exercise of any of the rights, privileges and easements hereby conveyed. TO HAVE AND TO HOLD the said rights, privileges and easements to said Bangor Hydro -Electric Company, its successors and assigns, forever. IN WIINESS WHEREOF, the said City of Bangor has caused this instrument to be executed by its duty anthorized representative this_ day of 1997. CGX OF BANGOR By Edward A. Barrett Its City Manager fSIaVYXI]i�OI:\IJp County of Penobscot, as: 1997. Personally appeared the above-named Edward A. Barret and acknowledged the foregoing instrument to be his free act and deed and the free act and deed of said municipal corporation. Before me, Notary Public Print NameofNotary: