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HomeMy WebLinkAbout1989-12-11 90-24 ORDERDate wDecember '11, 1989 Item No. 90-26 Item/Subject: Authorizing Execution of Easement at the Intersection of Hammond St. and Odlin Road - Bangor Hydro -Electric Company Responsible Department: Engineering Commentary: This easement is necessary to provide underground electrical service t _ v building being c constructed by Sidney Epstein on leased land, mused by the Airport located at the intersection of Hammond Street and Odlin Road. #F+rtmenr cod Managers Comments: - CirY Memgr Associated Infcrmation:(3a� pa�.no ,A Budget Approval: -U Finmca Direcar Legal Approval: Ciy Solicimr Introduced For - QPassage ❑ First Reading Page_of_ ❑Refemai 90-24 Aemionedto Couneilor Blanchette. December 11, 1989 CITY OF BANGOR (TITLE.) (qrbtry Authorizing. Execution of Easement at the Intersection of Hammond Street and Odli Abed - B ng r xyax„o,-,el c ie compspy, ... _.. .. ........ .... By the IXty Gbunvil of the City of Banner. ORDRRRD, TnT the City Manager be and hereby is authorized to execute the attached easement agreement between the City of Bangor and the Bangor Hydro -Electric Company to permit the installation of an underground electrical conduit across Airport property located near the intersection of Hammond Street andOdlia Road, to provide electricdloeervice to 900 Detoured Street Office Plaza. In City Council December 11,1989 Caused Councilor Cohen Abstained CSty Clerk go -24 ORDER Title, Authorising Execution of Easement at the Intersection of Hammond St, and Odlin Aasign4, C� V1 ..2 'o- ........ Councilcan PROPOSED OFFICE BWG. pa•"�—m°n -NMPMmWDF�C1Nfx�n3<Irt'AZ F/.@MF1rt _MT wm 900 HAMMOND STREET OFFICE PLAZA BAVG M�MMCMD BIREET W,a FOR BAHOOR HYDRO -ELECTRIC COMPANY. \. MLOIWEFPNC YWNQS, MG 90-24 KNOW ALL MEN BY THESE PRESENTS, That It, City of Bangor, a Municipal Corporation, 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, viz. Being a portion of the premises conveyed by The united States of America to the Grantor herein by deed dated December 18, 1968 and recorded in the Penobscot County Registry of Deeds in Book 2148, Page 67; 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 Bangor, County of Penobscot, State of Maine the receipt whereof is hereby acknowledged, does hereby give, grant, sell and convey to said Bangor Hydro -Electric Company, its successors and assigns forever, the rights, privileges and easements hereinafter set forth, which e to be exercised upon and with respect to So much of a strip of land 20 feet in width for its entire length as lies within the aforesaid lands. Said strip beginning at the northerly bound of Hammond Street 180 feet, more or less, westerly of the intersection of Hammond Street and Odlin Road and extending in a northeasterly direction to an office building located or to be located on the aforesaid lands. Said strip being shown on "Exhibit Aa, attached hereto and made a part hereof. The rights, privileges and easements hereby conveyed for utility purposes with respect to said strip are as follows: to enter upon said lands with men and conveyances and all necessary tools, machinery, equipment and supplies; to excavate, lay, bury, install, construct, maintain, operate, repair, rebuild, and remove underground wires, cables, conduits, ducts, transformers, switching equipment, protective and safety devices, manholes, and other apparatus used or useful for the transmission of electricity, as the Grantee herein may from time to time desire, upon and/or beneath the surface of the earth; the right to transmit electricity and intelligence over, through and by said wires, cables, conduits, ducts, transformers, switching equipment, protective and safety devices, manholes and other apparatus; and the right to keep said strip cleared by any lawful means of trees, undergrowth and all other obstructions. Also conveying to said Bangor Hydro -Electric Company, its successors and signs, the rights to place the necessary aboveground padmount transformers and electrical devices, with their necessary w cables, conduits, ducts, and fixtures, attached thereto, within the aforementioned strip; with the right to transmit electricity and intelligence over, through and by said wires, cables, conduits, ducts, fixtures, padmount transformers, and electrical devices. Also conveying the right to extend service lines from said strip either underground or overhead to facilities and buildings as now located or to be rlocated on said premises. Also conveying to said Bangor Hydro -Electric Company, its successors and signs, the rights, privileges and easements to construct, maintain and operate a line of poles and wires with their fixtures and supports, on a temporary basis, on said lands in such a manner as to provide electric service to facilities and buildings being served by the herein described underground system, in the event a fault occurs in the underground system during a period of time when it may be difficult or impossible, due to weather conditions, ground conditions or otherwise to repair such underground system; said line of poles and wires to be dismantled by said Bangor Hydro -Electric Company when such fault is corrected; and to transmit electricity and intelligence over said wires and apparatus, and to clear and dispose of interfering trees and. other growth from time to time. Also conveying the rights, privileges and easements to construct, maintain, operate and upgrade from time to time on said lands, for utility purposes, a line consisting one pole, anchors and wises with -the necessary fixtures and supports; said pole to be located within the aforesaid strip ten feet, more or less, northerly of the northerly bound of Hammond Street; with the right to extend from said line underground or overhead to serve sites on said premises and others; 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. 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 o nature, upon said strip, 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. _ Also conveying to said Bangor Hydro -Electric company, its successors and assigns, the right to establish any and all safety regulations which said Company, in its sole discretion, deems necessary and proper for the transmission of electricity or intelligence, and for the construction and maintenance of said poles, wires,anchors, cables, conduits, ducts, transformers, switching equipmen, protective and safety devices, manholes, and other apparatus used or useful for the transmission of electricity; any interference or violation by said Grantor, its successors and assigns, as determined by the Grantee, of said safety regulations shall constitute an interference with and violation of the rights, privileges and easements hereby granted. This conveyance is subject to the Grantee's agreement and covenant to promptly restore the surface of the Grantor's land to its prior conditions after an excavation or disturbance to said surface in connection with the exercise of the rights, privileges and easements herein granted, such restoration to be limited to regarding, regrass-seeding, and reasphalting of said surface. Also conveying to said Hangor Hydro -Electric Company, its successors and signs, the power to assign to 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 asents to said Bangor Hydro -Electric Company, its successors and assign, easements IN WITNESS WHEREOF, It, the said City of Bangor, has caused this �. instrument to be executed by its duly authorized representative this _2 day of Hrlfnfle A.D. 1989. Ciiitt�{n/ly of /Bangor By: Edward A. Barrett City manager STATE OF MAINE f County of Penobscot, ss: 1989. Personally appeared the above-named Edward A. Barrett and acknowledged the foregoing instrument to be his free act and deed and the free act and deed of said City of Bangor. Before me, 5&9...x';1' ipublic av,«, PALI . t WNLt Print Name of Notary: Mr comwsaon exN as nasuar s, aws I H'RESrrCATIotT xF o CQMT 100 1! UN NO\Elt1El1 1. 1N1 I uxD[II WLL K USED ANN"" •AD M usro ro ff O sMwGY ro M !MATED WN NEfl[ax I! LO NE rnw fflT A EA AS Op DIE EAlIAIENi AREA M Y w N 4117Y!' w PROPOSEDffi .' I o OFFICE BLDG. �laxoui nPEs �I b Ar RM'�/AEL q�y , • R.FPs' ♦ COxA1ElE� 1NE +,U bevJO¢ :',� .'�FNp aPrEE 1111 J SUP mow WE �$° hd : !' PK ' WGNT !END DDMWIT ME -� W MC ,' 1 DONWIT 1 ME PmE p0� UWT �d EWMOnOy. UDLITY d'' 1 .POU: �LN}If P0.E _��• .0, ©rauxDNnw/� PLAN WAY EAlfECNT COAXER SHOWENG LOCATION OF C/JEgER S"EET Np1�T,__ 1800�__ MWD NM PROPOSED EEC7 EASEMENT SERVING °,moi- �ryp1Or" E 900 HAMMOND STREET OFFICE PLAZA BANGOR MAW FOR HN�M�D STREET BANGOR HYDRO -ELECTRIC COMPANY SCALL 1' . Wp NOVEWR. 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