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Home My WebLink About1996-02-12 96-98 ORDERCOUNCM ACPION DaW 03-13-1996 Item No.: 96-98 Item/Subject Granting Easements by Assent to Bangor Hydro Electric Co. - UNrMDCORP Property at Oak Street and Hancock Street. Responsible Depar[mene Engineering Cmnmereary: In 1994, the City of Bangor conveyed 2 Urban Renewal parcels te IINITP.DCORP for the new United Bank Project. A provision of this transection requires UNI'I'EDCORP no construct another15,000 s.E of budding Floor area on the rhe within 10 years. Ifthis does not occur, ownership of the upper lot, located at the northwest cower of the intersection of Oak St. and Beranek St, will revert back to the City. UNITEDCORP has conveyed easements on the upper lot to the Bangor Hydro Electric Company for a pole anchor and an underground service no the new budding. Since the possibility svgs for Ne upper lot to revert back to the City, Bangor Hydro has requested that the City gram easements by assere so then BRIE's rights for these installations are assured in the figure. Rod holQq has reviewed this request and has indicated that it will not insertion with future development of the parcel should ownership be returned to die City. The attached Cooed Order directs the City Manager to execute an Assent Document granting these - easements. Copies of BHE correspondence, the Assent Documera, a a sketch showing tha assonant locations are atmchN faryom reference LYN DearnmrHead Managers Comments: I q _ _ _ _ A ��oNM//i� gAYLYI +IP�/UUI�(X �e�.',4_�_r na � o Associated Ld'orimdon 'i^'v'"" ISA' Budget Approval: Ainanw Zomcw ugalAppr/o,val: Counritor jy/tr hes a non Gti �/y7 "'I' Introduced For passage ❑ Pgst Reading ❑ Refm+al Page _ of _ 96-98 AssignWto Cauneilor Baldacci February 12, 1996 CITY OF BANGOR (TITLE.) (Oriberr, Granting Basements, by Ameotto Bangor Hydro Electric Cu.-UNITEDCORP Property at Oak Sheet and Hancock Street BY the City Gonad[ of the City o/Bann": ORDERED, THAT WHMiM, the Cay of Bangor conveyed property located at the coma of Oak Strcet and Hancock Street on UlgDEDCORP for rode nslopment, and WHEREAS, EAS, the sale of said property to UNITEDCORP included certain reversionary clauses, and WHEREAS, UNITEDCORP has coweyed easements to Bangor Hydro Electric Co., for a pole anchor and underground service on said property, and WHEREAS, Bangor Hydro has requested that the City of Bangor giant similar easement rights by assent due to the aformemioned reversionary clause, NOW THEREFORE, BE IT ORDERED THAT the Cay Manager is hereby authorized to execute an instrument granting easements by asseat to the Bangor Hydro Electric Company for a utility pole anchor and underground electrical -service on and across We UNITEDCORP redevelopment parcel. - IN) CIt'Y-'MuSCIL _ 96-98 February 12, 1996 O R D E R Passed Cease l3or Tyler Abstained lible, Granting lecCs by Assent .I " Bangor Hydro Electric Ca, UVITEDCORP CITY CLERK '-Property t 0 k .Street..... and Aencock F[CeeC I ................................. U .�Cu^^...✓ i Amdpmd to ..... .. Councilman i i f ASSEM'FORLEGALINiEREST ASSENT TO GRA WGOF POLE LINE EASEMENTS KNOW ALL MBNBY TBESE PRESENTS, That CITY OF BANGOR a municipal wrpomtionlocated in Bangor, County ofPenobscot, State ofMame, is the owner and holder of legal interest in real estate by virtue of reservations made in a certain document dated March 17, 1994, and recorded in the Penobscot County Registry of Deeds m Book 5584, Page 88, which constitutes a legal interest in and to certain real estate located at Bangor, County of Penobscot, State ofMaine, and described in the aforesaid deed„ to which reference may be had for a statement of the terms and conditions of said legal interest and a description of the preneses, both being incorporated herein by reference with the same effect as iffully set forth herein; that the owner of said premises, Unitedcoq, who by deeds dated September 6, 19N and December 7, 1995, and recorded in said Registry in Book 5722, Page 313 and Book 6012, Page 324, respectively, conveyed to Bangor Hydro -Electric Company cermam rights, privileges and easements therein fogy set forth and to which reference is made for a statement of the rights, privileges and easements so conveyed; that for consideration given to the owner and holder of said legal imerest, the receipt whereof is hereby acknowledged, the undersigned, owns and holder of sold legal interest does hereby assent to the granting as aforesaid ofsaid rights, privileges, and easeatems and to the exercise thereof by said BANGOR BYDRO-ELECFRIC COMPANY, a Maine vapomtion organized according to law and having an established place of business at Bangor, Maine, its successors and assigns krever, free from operation of the aforesaid legalinterest W WITNESS WHEREOF, the said City of Bangor has caused this instrument to be executed by its duly authorized representative this L,/ day of /2224.9 AD. 1996. Ci Manger By, Ik Edward A Barrett Its City Manager STATE OF MAINE County of Penobscot as `-fila4rx. t$ 1995. Personally appeared the above-named Edward A. Barrett and acknowledged the foregoing inky ment to be his free act and deed and the free ars and deed of said municipality. Before me, No Print Name ofNotary: -715Wkia3191 For Office Use Only PMNU # LOCATION PURPOSE ACCT. # #OF POLES AGENT EASEMENT _ IOMT EASEMENT DEED —RELEASED= ASSENT _ BILL OF SALE OTHER _ PRIMARY URD _SECONDARY URD _PRNATELINE _COMPANY LINE _TRANSMISSION _DISTRIBUTION _ GUYING ONLY _ GUYING ONLY ROADSIDE CUSTOMER -- 6p , — y 102.92. -MAINTAIN 120 S ARAPOt� , UNIJE'%nNl% EtE<.. 5EfsvlG�.._. I h 923 I III{(j1 I ... ADJUST RIM EIEV I EA �� I I P-2500 4737' 23 28 1-. DPP D-2— Sil 2_ 46.6 ASSUMED EXIST. QDMMEEOCCA��R'-p6p PARA STORM DRNN �H .U.62 SQRWIS% m RE' 37 .a2 EXCAVATE TO DETERMINE DEPTH AP }5.o - _�1�ANcnc STAT � ---- - ----------- - NOTE: ALL PRECAST STRUCTURES SNAA HAVE PRECAST GRADE RINGS _ r TO ALLOW ADJUSTMENT FOR RIM FIEVTONS RELATVE TO FlNAL GRADE. ASSENT FOR LEGAL INTEREST a 1 a• a N N. KNOW ALL MEN BY THESE PRESENTS, That CITY OF BANGOR amunicipal corporation located in Bangor, County ofPenobsci State ofMaine, is the owner and holder ofa legal interest in real estate by virtue ofreserva6ons made in a certain document dated March 17, 1994, and recorded in the Penobscot County Registry ofDeeds in Book 5584, Page 88, which constitute a legal interest in and to certain real estate located at Bangor, County of Penobscot, State of Maine, and described in the aforesaid deed„ 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 effect as if fully set forth harem; that the owner of said Promises, Urdtedcorp, who by deeds dated September 6, 19A and December 7, 1995, and recorded in said Registry in Book 5722, Page 313 and Book 6012, Page 324, respectively, conveyed to Bangor Hydro-Elecuic Company certaht rights privileges and easements therein fully sec forth and to which reference is made for a statement of the rigks 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, owner and holder of and legal interest does hereby assent to the Starting as aforesaid of mid rights, privileges, and commands and to the exercise thereof by said BANGOR HYDRO -ELECTRIC COMPANY, a Maine corporation organized according to law and having an established place of business at Bangor, Maine, its successors and assigns former, free from operation of the aforesaid legal interest. IN WITNESS WHEREOF, the said City of Bangor bas caused this instrument to be mccuted by its duty authorized representative this _day of AD. 1995. City of Bangor By: Edward A. Barrett Its City Manager sFGi rM7i0".M1 1-. County of Penobscot, as: 1995. Personally appeared the above-named Edward A Barrett and acknowledged the foregoing instrument to be his free act and dead end the fra art and deed of said rmrdicipality. Before me, Notary Public Print NameofNotary: I M'� 33 State Street. P.O. Box 932, Bangor, Maine 04402-0832 Tel 207-945-5821 December 20, 1995 James Ring City Engineer City ofBangor 73 Harlow Street Bangor, ME 04401 Dear Jim: Bangor Hydro has received two easement documents from United Bank, one for their underground service running across their lot from Oak Street to their new bank building and another for an anchor to hold our new fine relocated for The new bridge from Bangor to Brewer. Copies of these easements are enclosed along with a sketch. As you may know, the City of Bangor reserved rights when they conveyed the property to United Bank, which could cause at latest a portion of the property to revert back to the City. For this reason we need an assent document signed by the City kr both of these easements. I have enclosed an assent document for the City's inspection. If this meets with your approval, please haw the property executed document resumed to me in the enclosed self- addressed envelope. Hyou have any questions regarding this matter, please call meat 993-2578. Tharec you for your time and consideration. Sincerely, W. Peter Libbart, Jr. Right -of -Way Agent Enclosures 3x5012 PG324 KNOW ALL MEN BY THESE PRESENTS, that UNCFEDCORP, a Maim corporation having as principal place of business in Bangor, in the County ofPenobsmt and State of Maine, being the owner in fee simple of certain lands located in the City ofBangor, County ofPenobscot, State of Maine, and described as follows, viz: Being the same premises conveyed by City ofBangor to the Grantor herein by deed dated March 17, 1994 and recorded in the Penobscot County Registry of Dads in Book 5504, Page 88; for consideration given by BANGOR HYDRO -ELECTRIC COMPANY, a corporation organized and existing under the laws of the State of Maim and having its principal place of business m Bangor, County of Penobscot State of Maine, the receipt whereof is hereby acknowledged, does hereby give, grant and convey to said Bangor HydroZectdc Company, its successors and assign forever, the rights, Privileges and easements to contract maintain, operate and upgrade from tune to time on said lards, for utility Pu'posez, one anchor and guy wives with the necessary fixtures and supports, to be attached to a utWty pole to be placed within the bounds of Hancock Street approximately eighty-seven feet easterly from the southwesterly corner of the aforesaid premises and within seven feet of the northerly bound of Hancock dodo; said anchor to be placed on the aforesaid premises within tan feet of.its southerly bound and within fifteen fear of said utility pole; with permission to enter upon the said hands for the above purposes; further granting to said Bang or Hydro -Electric Company, its successors and assigns, the power to assign no others, in whole or in part; any or all of the rights, privileges and easements herein set forth. TO HAVE AND TO HOLD the said rights, privileges and easements to said Bangor Hydro-Ele odic Company, its successors and assigns, forever. M WITNESS WHEREOF; the said Urdredcorp has caused This instrument to be executed by its duly authorized mparesemalmthisIP. day of �__ ..ac. , 1995. UNTfEDCORP By. Zro�CL L7 Ito 'W. '" STATE OF MAINE County of Penobscot, as � ,�Jell.v.SC 7 1995. Personally appeared the above-named Dr4(t D. 3cvllerf andadmowhedgedthe foregoing instrument to be kis free act and deed and the Gee act and deed of said corporation. Before me, Pal -.''9.:]i.:: F�?EP'/FJ �.J J Public" "v95 GEC 15 A A 23 Prim Nameofflorary: q J i tit M. Lin-I-�ll iSSP1� M1 fam�•.issio.. e.pvrs Ap,I T, KS`; Juw,� 15� �. REGISTER f' &i ij 1 EKS722 Pc313 ts; Me:: MAW rnPmalneIAtta3 pYc: of Wines: U B',goltovp. a main* corporation Penaexcett[ a Aline, Aging N Am, til fl" Wg County R Is do Is [ oaq of B.Mer. muner at .mu tate`of maxim. uuwa. lit Laing N t..ixw tenet a cicv o o spa • `a`sn"SY two Isla m� 17. 19". to mora ed Bn `Agme"adame County eaglet" Of s In drum $584, P P tl Beek ASIA. page at; ago ei eq mntiawatbn glwn q B XYDPp[tCCp0.}< COMPANY, a corporation s ueindPal PlaPlace ofertmW"stmeaa`�oalar IfM ea pp of Ane -a having its It 'her f I `o Ete`t"0ire • nt2 s pencraget newnY ive Stater Aalne, aomt[mtne Kigp[a. P vlagearantl`ea`"e'�tl 1!e avc exe°raeAM assign hereinafter • which [set in vlatn t°e`t[ai"nelteLrpN reap estrip of jaM beid at[lp ming 0 mm an MOIthAsr j` c°rttnln the aforesaid lanes. bewof. weed hwaN and n. e e wet Me rpax11 AMh`MI acct lMAS aI aalltl"x[ripI easements here Convryp f utili P, artl1 1N n v olw late, 'pan slid 1 xupDlies; ve`enc v wIssY eafytnareat cn3nNttr Salo Int m [� Iq putID reAg`Y. llo c n co A Agvatitx wnpal avignsnq`equtpaentecgee oilt'antlop e. eolecernCt uUpetetn ney'a ° v fu[[Oor the chiseler aYlnNlllge n `f nreugn a aeprotneltlnrltigM ° sense tttime st Nttttty its a,ewitenirglryulpmIt [ celw u[attleviltitet au Slav of tr es. wtla nmemeanagalI aNer aCx tuc[levt last Icily any "f al na[eaAS vrd eetrright tate aen9` �nNeeawpetele present, its Were sora Mul[x vee 0 eecttric IlaeviU with chettaeg`ouMsary vetle°un[ `tr1P; lifetheerighle rret resit electricityld thereto. andrithin intLLlesgen o[ enticMd through and transformers, and electricaladevieet.`Autt • u . fixtures, mu count Uldlrgm,M re Alae c w=ing the right t !eM "raise lines true e stens` putlaingms a 1d located an CAMeearth.t residential lldlm Im°aeea °n G1°intm Property maintals age "Signs, the lyitlgto Said Danger Xy°"and ees vette Coments to pany, it' c ° rs Operate aa`"A& o^ Was and vires winr their fixtteestold tsupports we ervicgt toybasis, , 10, o ntlbuands m euvn "",am Provide aa buildings bent a e, . byin*tt described w:::en'etConditio,Aod Of t ound co It ions' m Witte . to dismantled eet such nm i:e:n:9 °1«netetlOriis ezpale, `° nner, :ntl nraimpanrnwwhen such faultinw° him ea.an hbYto laidtransmit age electricity f interfering thea age orlSaid a"s A tpapparatlm t° < clear 7M dean[or for itself, andtIts suceeuere and assigns, a tLs. 8 asu egross SAWMyiN Ua Cresco, IN Successors and ewtgnx. Met it will WlldleR ller Sm ll PoxSlt Ue erection of mih%*MMO of any. building, tore, 4 nosiid Sell, arlAd Poole ° structure. of any kind ee Its nature, Ase said etelp, Airy m all o rhI In Ne opinion at no rAAACIM So soy Of th[a oM o, one. wuW eMesgw w interfere. With Ne Y at Ne rlgSn, prlvllryw aM wAm to her mnvoyM. sN5122 P016 A trnwYl� to ad target pydra- did Ytm a'wpry. SY vo¢mvwv nedldo Z m me a ..[mum .mr .Y .ss m.[mr .Sv'I" o 1, i. al.¢atlm, ar w.vaey wpnepm [er iaetY er Ln[n1119enw.nnu toe E1 minRmnw a mla Seee :ided V du Sm mE t[a viewed other tar ueuEtup puSpnlY, p[ eHvamanG u[at L lws`ume interferer n[ Pm avlola[l0, W uidlEt ha Stvn anion taIl vtaleltY m; deteinterferencerfencryvue and violation o[ tM aid e19tti.1prtvtigefaaM aowedeuW armgranted, ase mta fe Con"YA111 14 ect to bad Rear" An vane" 9n Surface tlrat It' te` iddt' face nee con pnt erm vSLrdd naiti e° ecessae�en e b ght, privileged ahe wva calm granted, ID w e[ said ur[me. Ilaited a agmdlp, tgeava- etlinq, and mpbaltlq ALand ew cemaalPoeto Said earnest xyare-elactr"e com mY, it, successors If the right,,pcav le9e; and9n to Others eacemnta pa am vagi ren q sayor all Ln t tot 70 NAVE AID Tc Danger HYdre-Elett Se compenyaaid "tartuccaeservvand91, and a ertvrt uid uinna a[ A9, the Said unitcaee, m wuvei this lnstnnane m he ex edIN pbY ESS WrtMits dulYAauuthorized representative N this Ca day of BY: lJaw,.d �a �/rcY 1 a ([r9rCug'lIcATE OF MAINE C tY o9 Rmh,roq c,, Jana n ( • 1994. . iullY apceenaedcM a - a Bhr a o.an tr..St" ,ee dna a ee. e.momMgea tM ----- g N,etuv ee Wed m, dry lnpl Pelnt N,s, of Nebty: f ea M. ar Lal, N.� ftm.,rno., "twe9 Arrl gr 1111 iy 5�, y4p1EOFyy`\ ru _— 'Nryll � I.ERiIFII.ATION n aii �` � ' / Y � I " � BEARING 0 p15TTNGE TABI£ TO lLbI� A DAY en+nR"µuum.w euetrw ' I.E(�a � ec�ouvm US£RE4dR9 ELEGIRIL FA`881f 111/// O vaw) lWT®6VK ® rnwyrmae OAK STR@! - BANGLR. MAIIE BMY+DR HYvRa-E TRIL LG?PMIY <n