HomeMy WebLinkAbout1994-11-14 95-17 ORDER�Te 11-14-94
Ib® Subject: MER: iWthoriaftg Cit' 14veger to E mc. £e Emmert Myemen[
With Bang.' xlT Electric Cay
peepmeibie mpuvmnt: legal
In sepWd+et, the City Council a:bpFai Council Order 94404 which auWri¢
M option agm Deiveen the CitY Ml Bangor hydro authorizing Bangor
Hydro to purchase a 150 ft. wide electrical utility eaement a s ]aM
ownai by the City mi lomrai at the narthesterly eni of the Bangor
Intermtioml Airport x:may. Ae a put of that aqm , Ba:gor Hyd[o
agreed to pzv✓ide to the City a 16± arm lot iocated South of the INlle< Rvd
in Hernm: and �y west of The, Bang' azul A book Bailmsi right of
wry ae the cormidacation to be paid for tlm eaemmt. 09e attached Order
mould fvgr� this ayee1vR by authu'iavg the City Manager to emf, to an
easaoaR agreement with Bangor lyrhn Electric in _— —'-- with the term
a c tiore of C ncil R 94404. slivery of the aasr4mrc aqr
is conditioned upon raeipt from Bass Hydm Electric of a deed cco a
the property to be tmmferred to the city.
neparbmnt Bead
M is Certs:
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nasoctatsi ln£onmtion: Ortlar: Council adsi 94404
Intgdnuced
First Fading
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Asmip:ed to Councilor Shubert November 14, 1994
CITY OF BANGOR
(TITLE.) (Orber,...............I.. Authorizing City Manager to Execute Basement
Agreement with Bangor Hydro -electric Company
By ua city commit of caw eraazzot:
ORDS n,
TAT the City Manager is hereby authorized, pursuant to
Council Order 94-404, passed September 12, 1994, to execute an
easement agreement with Bangor Hydro Electric Company, said
easement agreement being Exhibit A attached to Council Order
94-404. The City Manager shall deliver said easement agreement to
Bangor Hydro Electric Company upon delivery of a deed from Bangor
Hydro Electric Company to the City of Bangor conveying land owned
by Bangor Hydro Electric Company as described in Book 5472, Page
218, Penobscot Registry of Domain.
IN CITY COUNCIL
November 14, 1994
Councilors Cohen 6 Tyler Abstained
Passed
A Tive Copy. Attest:
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December 22, 1994
TO: Bob ziegelaar, Airport Director
FROM: Erik M. Stumpfel, City Solicitor
RE: Easement Agreement with Bangor Hydro -Electric Co.
Remnant Piece of Daigle Lot
In accordance with Council Order X95-17 passed by the City
Council an November 14, 1994, enclosed please find photocopies of
the following:
(1) Short Form Warranty Deed from Bangor
Hydro -Electric Company to City of Bangor,
dated December 21, 1994; and
(2) Easement from the City of Bangor to
Bangor Hydro -Electric Company, dated
December 21, 1994.
These documents have been signed in conjunction with
previous council action (Council Order X94-404) which authorized an
option agreement between the City and the Hydro. The option
agreement provided for the purchase by the Hydro of a 1501 wide
electrical utility easement across land at the northwesterly end of
the Bangor International Airport runway. In return for the
easement, the City will receive a 16+ acre lot located south of the
Fuller Road in Hermon and immediately west of the HSA Railroad
right-of-way.
If you have any questions, please call me.
EMs/red
Enclosures
PC; Russ McKenna, City Clerk
Edward Barrett, City Manager
Ri`iet➢iYnAl�^Iaa9A: Y W�ONNO
SNOW AIM MEN BY THESE PRESENTS, That 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 Bangor, County of Penobscot and
State of Maine, for consideration given, grant to the City of Bangor, a
municipal corporation located in Bangor, County of Penobscot, State of
Maine, with warranty covenants, the land in Hermon, County of Penobscot,
State of Maine, more particularly described as follows:
A certain lot or parcel of land in the Town of Hermon, County of
.Penobscot, State of Maine and described as follows, via:
Being a triangular shaped parcel of land bounded northerly by the
centerline of the Fuller Road, so-called, easterly by land of Bangor
and Aroostook Railroad Company and westerly by land conveyed to the
City of Bangor by Ridde Foundation Trust by deed dated September 10,
1990, recorded in the Penobscot County Registry of Deeds in Volume
4022, Page 249; -
containing 15 acres, more or less, subject to survey;
All other rights, privileges, easements and appurtenances belonging to
the granted estate are hereby conveyed.
Being the same premises conveyed by Lorenzo J. Daigle and
lauretta M. Daigle to the Grantor herein by deed dated October
29, 1993, and recorded at the Penobscot County Registry of Deeds
In Book 5472, Page 218;
IN WITNESS WHEREOF, it, the said Bangor Hydro -Electric Company, has
caused this instrument to be executed this � day of December, 1994.
BANGOR HYDRO
--EL,(/EgCTRIC COMPANY
By: /ANS'//i .{t
Cair 11 R. , V1I ce President
STATE OF MAINE
County of Penobscot, as: December �-t , 1994.
Then personally appeared the above-named Carroll R. Lee, Vice
President of said Bangor Hydro -Electric Company and acknowledged the
foregoing instrument to be his free act and deed and the free act and deed
of said corporation.
Before me;
(Alotary Public
Print Name of Notary:
MVIDJ. A4XI.tlPE
IpiAXV RIa1C.IM�XE
NVCOI.MSGOX EY?!uE5 (Enp,tAY K.I?
EASEMENT
KNOW ALL MHN BY THESE PRESENTS, the CITY OF BANGOR, a municipal
corporation located in the County of Penobscot, and State of Maine, being
the owner of certain lands located in the town of Hermon, County of
Penobscot, State Of Maine, and described as follows, viz:
Parcel 1•
Being the same premises conveyed by Lorenzo J. Daigle and
Laurette M. Daigle to the Grantor herein by deed dated June 8,
1989, and recorded in the Penobscot County Registry Of Deeds in
Book 4454, Page 196:
Parcel 2•
Being two separate lots conveyed to the Grantor herein by various
deeds recorded at the Penobscot County Registry of Deeds; said deeds
being recorded as follows:
Lot A:
Anthony Diangelis dated February 10, 1982 and recorded in Book 3263,
Page 183 (1/18 interest)
Teresa N. BOUScher dated February 12, 1982 and recorded in Book 3263,
Page 189.(1/6 interest)
Diana 1. Dixon dated February 12, 1982 and recorded in Book 3263, Page
191 (1/6 interest)
Nate Joseph Rogers dated February 17, 1982 and recorded in Book 3263,
Page 193 (1/6 interest)
Manzie Diangelis dated February 25, 1982 and recorded in Book 3265,
Page 321, (1/18 interest)
Camii Grace Cooper dated March 16, 1982 and recorded in Book 3268,
Page 311 (1/16 interest)
The above Grantors being some of the heirs and next of kin of Manzie
Rogers, deceased, intestate, in Bangor, Maine On April 29, 1973.
Lot B:
Abraham Shapiro dated March 9, 1982 and recorded in Bock 3264, Page
234;
Abraham Shapiro dated March 9, 1982 and recorded in Book 3264, Page
236;
Lots A b B being further described in and the remaining interests
acquired by virtue of an Order of Condemnation adopted by the _
Bangor City council, the municipal officers of said city of
Bangor on April 12, 1982, a certificate of Said Order being dated
April 21, 1982 and recorded at the said Registry of Deeds in Book
3274, Page 136;
Parcel 3•
Being the same premises conveyed by Lorenzo J. Daigle and
Laurette M. Daigle by deed dated October 29, 1993 and recorded in
the said Registry of Deeds in Book 5472, Page 218;
in consideration of One Dollar and other valuable considerations, paid to
the undersigned by BANGOR HYDRO -ELECTRIC COMPANY, a Maine corporation
having its legal location and principal place of business at Bangor, County
of Penobscot, State of Maine, the receipt whereof is hereby acknowledged ,
does hereby grant to said Bangor Hydro -Electric Company, its successors and
assigns forever, the rights, privileges and easements hereinafter set forth
which are to be exercised upon and with respect to the following described
150 foot wide strips of land, viz:
STRIP 1.
Being a strip of land one hundred fifty (150) feet in width for
its entire length as lies within the bounds of said premises
conveyed by Lorenzo J. Daigle, at al to the Grantor herein,
located in Hermon, Penobscot County (Parcel 1) and extends
generally northerly from the generally southeasterly bound of
said premises by one angle point to its westerly bound. The
generally easterly bound of said strip is 50 feet easterly of and
parallel with a survey line as now staked out on said premises;
while the generally westerly bound of said strip is 100 feet
westerly of and parallel with said survey line, said survey line
being described as follows:
Beginning at a point located on the southeasterly bound of said
premises, where it is intersected by the survey line, said point is
also located approximately 765 feet, westerly of, as measured along
said southeasterly bound of said premises from awire
and cedar rail
fence on or near the City of Bangor/Town of Hereon town line, said
point also being on the northwesterly bound of land conveyed by
William C. Hughes, at al to Bangor Hydro -Electric Company by deed
dated February 1, 1994 and recorded at the Penobscot County Registry
of Deeds in Book 5628, Page 250;
Thence N 14•-24'-10• E 1,233.90 feet to an angle point being marked by
a 1/2 inch diameter reinforcing red set in the ground.
Thence N 46•-31'-00^ W, 913.70 feet, more or less, to the generally
westerly bound of said premises, and the easterly bound of lands of
the Bangor and Aroostook Railroad;
The survey line being marked by 1/2 inch diameter reinforcing rola set
in the ground, said strip of land contains 7.25 acres, more or lean,
bearings for the above described survey line are reference to the East
zone of the Maine State Coordinate System.
STRIP 2'
Being a strip of land one hundred fifty (150) feet in width for its
entire length as lies within the bounds of said premises acquired by
the Grantor herein by Order of Condemnation, located in Hermon,
Penobscot county (Parcel 2) and extends generally northerly from the
centerline of the Fuller Road, so-called, by one angle point to its
northeasterly bound. Me generally easterly bound of said strip is 50
feet easterly of and parallel with a survey line as now staked out on
said premises; while the generally westerly bound of said strip is 100
feet westerly of and parallel with said survey line, said survey line
being described as follows:
Beginning at a Point located on the centerline of the Fuller Road, so-
called, where it is intersected by the survey line, said point is also
located approximately 645 feet, northwesterly of, as measured along
the centerline of said Fuller Road, from its intersection with the
centerline of the mainline tracks of the Bangor and Aroostook
Railroad;
Thence H 01'-07'-4511 E 1,288.50 feet, more or less, along said survey
line to an angle point, said point being marked by a wooden hub driven
into the ground;
Thence N 35'-12'-00" E along a line that is 25 feet southeasterly from
and parallel with another survey line on said premises a distance of
362 feet, more or less, to the northeasterly bound of said premises,
said bound also being the southwesterly bound of lands conveyed by MJC
Corp. to Dennis R. Hachey by deed dated April 29, 1985 recorded at the
Penobscot County Registry of Deeds in Book 3658, Page 82, said point
also being located 100 feet southeasterly of, as measured along said
southerly bound from an iron pin at or near the most westerly corner
of said Hachey lands;
The survey line being marked by 1/2 inch diameter reinforcing rods set
in the ground, said strip of land contains 5.6 acres, more or less,
bearing for the above described survey line are referenced to the east
zone of the Maine State Coordinate System.
STRIP 3`
Being a strip of land one hundred fifty (150) fee in width for
its entire length as lies within the bounds of said fee premises,
located in Hermon, Penobscot County, Maine, conveyed to the
Grantor herein by the Grantee herein by deed of even date, said
strip extends southerly from the centerline of the Fuller Read,
so-called, by one angle point to its easterly bound. The
generally easterly sideline of said strip is 5o feet easterly of
and parallel with a survey line as now staked out on said
premises; while the generally westerly sideline of said strip is
100 feet westerly of and parallel with said survey line, said
sidelines being lengthened or shortened to terminate on the
bounds of the Grantor, said survey line being described as
follows:
Beginning at a point located on the centerline of the said Fuller
Road where it is intersected by the survey line, said point is
also located approximately 645 feet, northwesterly of, as
measured along the centerline of said Fuller Road, from its
intersection with the centerline of the mainline tracks of the
Bangor and Aroostook Railroad;
Thence S 01'-07'-45" W 450.6 feet, more or leas, along said
survey line, to a 3/4" diameter reinforcing rod capped with a
yellow plastic cap inscribed Wainwright PIS #1080, said rod
marking the angle point;
Thence S 46'-31'-00" B 545 feet, more or less, along said survey
line, to the generally easterly bound of said premises and the
westerly bound of lands of the Bangor and Aroostook Railroad. -
Me survey line intersects the railroad bound at a point
approximately 299 feet southwesterly, as measured along said
railroad bound from the centerline of the Fuller Road.
Said strip contains 3.6 acres, more or less, and hearing for the
above-described survey line are referenced to the east zone of
the Maine State Coordinate System, MAB83.
The rights, privileges and easementsherebyconveyed are as follow.:
The right to enter upon the strips of land hereinbefore described at any
time with men and conveyances and all necessary tools and machinery; to dig
holes, to erect, construct, reconstruct, replace, remove, maintain,
operate, repair, rebuild, upgrade, and use poles, towers, foundations,
wires, conduits, ducts, switches, transformers, and other structures and
apparatus used of useful for the transmission of electricity or for
communication purposes, together with their strengthening supports,
sufficient foundations and supporta, all as the Grantee, its successors and
signs, may from time to time desire upon, along, across, and beneath said
strip of land; the right to excavate, lay, bury, install, construct,
reconstruct, maintain, operate, repair, upgrade, remove, and use
underground and submarine wires, cables, conduits, ducts, switching
equipment, protective and safety devices, and other apparatus used or
useful for the transmission of electricity or for communication purposes,
all a. the Grantee, its successors and assigns, may from time to time
desire upon, along, across, and beneath said .strips of land; the right to
construct such roads along said strips of land as may be necessary or
convenient to provide access for such men, conveyances, tools or machinery;
the right to ingress to and egress from the above-described strips of land
over and across the land of the Grantor, its successors and assigns, by
means of roads and lanes, if there be such, otherwise by such route or
routes as shall cause the least practicable damage and inconvenience to the
Grantor; the right to transmit electricity over said wires, cables o
apparatus at any lawful pressure and for any lawful purpose, including the
transmission of intelligence; the right to clear and keep said strips of
land cleared by any lawful means of trees, undergrowth and all other
obstruction.; the right at any and all times to enter on adjacent land of
the Grantor, its Successors and assigns,to cut or trim and remove such
trees growing outside the limits of said strips of land which may, in the
opinion of the Grantee, its successors and assigns, interfere with or be
likely to interfere with the activities permitted herein. Any and all
trees and growth cleared in the exercise of the herein described rights
shall become property of the Grantee.
Also conveying to said Bangor Hydro -Electric Company, its successors
and assigns, the right to assign to others, in whole or in part, any or all
of the rights, privileges and easements herein conveyed. The Grantor
herein for itself, and its successors and assigns, covenants and agrees to
and with said Bangor Hydro -Electric Company, its successors and assigns,
that it will not erect or maintain any building, mobile home, or other
structure, or permit the erection of maintenance of any building, mobile
home, or other structure, of any kind or nature, within said strips of
land, any or all of which in the opinion of said Bangor Hydro -Electric
Company, its successors and assigns would endanger or interfere with the
exercise of any of the rights, privileges and easements so conveyed.
Further conveying to said Bangor Hydro -Electric Company, its
successors and assigns, the right to establish any and all safety
regulations which said Bangor Hydro -Electric Company, its successors and
assigns, in its sole discretion deems necessary and proper for the
operation of the rights herein granted and for the transmission of
electricity or intelligence: any interference or violation by said Grantor,
its successors or assigns, as determined by the Grantee,its successors and
assigns, of said safety regulations, shall constitute an interference with
and violation of the rights, privileges and easements hereby granted.
Provided, however, that if in the exercise of the aforesaid rights,
privileges and easements any damage be caused by the negligence of the
employees or agents of said Bangor -Hydro -Electric Company to the contiguous
property of the owner thereof, said Bangor Hydro -Electric Company, its
successors and assigns, shall pay reasonable compensation therefor to the
then owner of said property.
Provided, however, that Bangor Hydro -Electric Company shall indemnify
and save harmless said City of Bangor from and against any liability, loss,
damage, and fines arising out of Bangor Hydro -Electric Company's activities
on or use of the easement area including but not limited to environmental
liabilities.
Provided, however, that Bangor Hydro -Electric Company shall comply
with all FAA requirements, and not cause
electrical, visual o other
interference with flight operations, radio navigation systema or radio
voice communications.
TO HAVE AND TO HOLD the said rights, privileges and easements to said
Bangor Hydro -Electric company, its successors and assigns forever.
IN WITNESS WHEREOF, It, the said City of Bangor has caused this
instrument to be executed by its duly authorized representative this aW
day of oec?mhor , A.D. 1994.
Ci}t��y�-/q�f Be go
By: T,NlA1YULi "
Edwrfa 9- anrr.N City
STATE OF MINE
County of Penobscot, as. PeceP ,6Fr a/ , 1994.
Personally appeared the above-named EcjwarI A. Qxrfo City /1ann5P
and acknowledged the foregoing instrument to be WS free
act and dead�and the free act and deed of said City of Bangor.
Before me, v.F's x'd rtrarify yfj
rr
c
Print Name of Notary: Lrik M Siem�lrel hl�orrvY of -L...
95-1]
ANIVed to CuundM Shubert November 14, 1994
CITY OF BANGOR
(11TLLd (Drlijer Authorizing City manager to Execute easement
Agreement with Bangor Hydro -electric Company
By eye C40 CuameQ of G City efBaxemr:
ORDERED,
THAT - the City Manager is hereby authorized, pursuant to
Council Order 94-404, passed September 12, 1994, to execute an
easement agreement with Bangor Hydro electric Company, said
easement agreement being Exhibit A attached to Council Order
94404. The City manager shall deliver said easement agreement to
Bangor Hydro Electric Company upon delivery of a deed from Bangor
Hydro Electric Company to the City of Bangor conveying land owned
by Bangor Hydro Electric. Company as described in Book 5472, Page
218, Penobscot Registry of Deeds.
IN CITY COUNCIL
November 14, 1994 95-17
Councilors
�P99pp,,'Cohen d-Tyler Abstained O R D E R
-
UILI RR
/'M C Title,
D -
Authorizing City Manager to Execute
Ess enc Comps e'nc Y4N §'admdc Ifydro
Electric Company.
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