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HomeMy WebLinkAbout2017-11-13 18-017 ORDERTitle, Order CITY COUNCIL ACTION Council Meeting Date: 11/13/2017 Item No: 18-017 Responsible Dept: Engineering Requested Action: Order Granting Easement to Emera Maine- Vine Street School, Tax Map 032-106 Summary 11/13/2017 18-017 Map/Lot: 032-106 This Order would grant Emera Maine an easement for the purpose of providing utility services to Vine Street School, Tax Map 032-106 If approved, Emera Maine will construct, maintain, operate and upgrade from time to time a line consisting of one pole, anchors and wires with necessary fixtures and supports in the easement as described in the attachment for the purpose of providing power to Vine Street School. Under the terms of the easement, Emera Maine will be responsible for operating and maintaining the system. A copy of the easement and location map are attached. Staff recommends approval. Committee Action Committee: Infrastructure Committee Meeting Date: 10/24/2017 Action: Recommend for passage For: 5 Against: 0 Staff Comments & Approvals Staff recommends approval. Cpm City Manager Introduced for: Consent City Solicitor Finance Director CITY OF BANGOR ORDER Date: 11/13/2017 Item No: 18-017 Assigned to Councilor: Nichols Granting Easement to Emera Maine- Vine Street School, Tax Map 032-106 Be it Ordered by the City Council of the City of Bangor that, 11/13/2017 18-017 That the City Manager is hereby authorized to execute an easement to Emera Maine for the purpose of constructing, maintaining, operating utility poles, anchors, and wires with necessary fixtures and supports to provide utility services to Tax Map 032-106. Said easement shall be in a form acceptable to the City Solicitor or Assistant City Solicitor. EASEMENT CITY OF BANGOR, a municipal corporation located in Bangor, County of Penobscot, State of Mane, 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: Being the premises conveyed by Howard R. Whitcomb, et als, to the Grantor herein by deed dated October 12, 1949 and recorded in the Penobscot County Registry of Deeds in Book 1314, Page 176; for consideration given, grant and convey to EMERA MAINE, a Maine corporation having a place of business at 970 Illinois Avenue, Bangor, Maine, its successors and assigns forever, the receipt whereof is hereby acknowledged, 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 one pole, anchors and wires with the necessary fixtures and supports, beginning at or near the westerly most comer of the aforesaid premises; thence extending northeasterly by and along the northwesterly bound of said premises, also being the southeasterly bound of Sixth Street, a distance of 75 feet, more or less, to the pole location within 4 feet southeasterly of said bound; with the right to extend lines from the said line, either overhead or underground, to sites on the said premises and to adjoining land owned by the City of Bangor; with the right to transmit electricity and intelligence over said line and to clear and dispose of interfering trees and other growth from time to time; with permission to enter upon said lands for the above purposes; further granting to Emera Maine, its successors and assigns, the power to assign to others, in whole or in part, 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 successors and assigns, that it will not erect or maintain or permit the erection or maintenance of any building, trailer, mobile home, swimming pool, or other structure, of any kind or nature, within 15 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 any of the rights, privileges and easements hereby conveyed except for the existing fence and any replacement thereof. IN WITNESS WHEREOF, the said City of Bangor, has caused this instrument to be sealed with its corporate seal and signed in itscorporate name by its hereunto duly authorized, this ._L�L day of SvpW4Wa", 2017. CITY OF BANGOR By: Print Name: Its: STATE OF MAINE County of Penobscot, ss: _Seetoff,4" 201T 4,1, (1 1 L" al'� Personally appeared the above-named LL<� acknowledged the foregoing instrument to be his/her free act and deed in his/her aforesaid capacity and the free act and deed of said body corporate. Before me, Not Public Print Name of Notary: Ile, For Office Use Only JMNU # LOCATION PURPOSE ACCT. # #OF POLES AGENT EASEMENT — JOINT EASEMENT —DEED RELEASE DEED ASSENT BILL OF SALE —OTHER PRIMARY URD SECONDARY URD PRIVATE LINE COMPANY LINE TRANSMISSION DISTRIBUTION GUYING ONLY GUYING ONLY ROADSIDE CUSTOMER r � NEW Umarr RXI 7x Ile NEW . r OVERHEAD Et cmc / f y4 V6K—UKEET ~ ~ NEW SCHQo L PLAY(ROUND INSTAIU. NEW UTIUIY POLE --_. EWIPNENT ON Cl'%kiOiNATf WITH EIAiaA A1MNF' WOW (NIPS \ 4 IN CITY COUNCIL NOVEMBER 13, 2017 CO 18-017 MOTION MADE AND SECONDED TO SUSPEND THE RULES TO TAKE UP ORDER 18-017 PASSED MOTION MADE AND SECONDED FOR PASSAGE PASSED �'AJ Jed v74�y.R.� CITY CLERK