HomeMy WebLinkAbout1993-06-28 93-349 ORDER93-349_
June 28, 1993 Lem No.
Dam
Item%Subject: Authorising execution of Easement Agreement with Bangor Hydro -
Electric Co. and Marcell Whitney - Sterns Pit Property
Fesponaible Department: Engineering
fgmmanlary:
This Council Order would grant an Easement as requested by,the
Bangor Hydro -Electric Co. and Marcell Whitney to install an overhead
utility line n
across the southwest c of the city's sterns Pit
property. Men w line would provide electrical service to Mr.
'Whitney's boat storage facility at the Marina. A sketch showing'
the proposed line and a copy of the proposed Easement are attached. -
As Indicated on the sketch, electricalservice can beeasily
provided to Mr. Whitney's facility without crossing City property.
Sine the proposed Easement would be umbra n the Sterna
Since eaffe w de encumbrance o
Pit property and could affect future development of this land=
Passage of this Council Order is not recommended.
yXp=nne=t Y[:d
Manager's Comments: asr IX '
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Auociamd Infarmation:6sApd l :ympt p fya.rma
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Bu Eget Approval: E
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Inueduted For
scSe Pace _ol_
First Reading
❑ Refeual
93-349
Asalpmd to Councilor Blanchette, June 28, 1993
CITY OF BANGOR
Arthur1 I z Ing Ene1. cnti on of Eseamen t Agreemeat with Bangor Hydra
Electric Co. and Marvell Whitney - Sterna Pit Property
By his City counalt of 410 City Of 840001%.
ORDS6FD,
SEAT the city Enrages be and hereby is authorized to execute a
Easement Agreement with the Bangor Hydro -Electric Co. and Marcell Whitney
to install an overhead utility line across the southwest corner erof the
City of existing Sterne Pit property 1v Access . The new line would extend
from ole in
eSHErn pole on the Nariva Access Road to an existing City of
Bangorpoleiv gterve Pit.
In City Council June 28,1993
Indefinitely postponed
Councilor Cohen Abstained
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93-369
0RUER
Title,
AuFhoriz mexecy;igp.gf.Easeqeyt.96Deement
with Bangor Hydro Electric Co. and Marcell
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93-349
KNOW ALL MEN BY THESE PRESENTS, That THE CITY OF BANGOR„ aMunicipal
Corporation located in the County of Penobscot, and State of Maine,, being the
owner in fee simple of 'certain lands located in the town of Hampden, County
of Penobscot, State of Maine, and described as follows, viz:
Being a portion of the premises conveyed by Sterns Lumber Company to
the Grantor herein by dead dated May 25, 1922, and recorded in the
Penobscot County Registry of Deeds in Book 950, Page 184;
for consideration given by BANGOR HYDRO -ELECTRIC COMRISy, 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,
and MARCEI.L WHITNEY, of Hampden, County of Penobscot, State of Maine, the
receipt whereof is hereby acknowledged, do hereby give, grant and convey to
said Bangor Hydro -Electric Company, its successors and assigns and said
Marcell Whitney, his heirs, executors, administrators, 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 overhanging wires with the necessary fixtures
and supports, beginning at an OXisting utility pole located near the
intersection of the southeasterly side of the so-called Marina Road and the
northeasterly side of the access road to the City of Bangor's gravel pit;
thence running generally southeasterly along, over and across said road
accessing the gravel pit to the southerly bound of said lands of the Grantor
herein, also being the northerly bound of property now owned by the Town of
Hampden; with the right to attach said line to an existing utility pole,
owned by the within Grantor and located on the aforesaid lands, until such
time that said Grantor provides Written notice to the within Grantees to
vacate said pole; with the right to extend service from said line to serve
said Marcell Whitney, his heirs, executors, administrators, successors and
assigns, at sites on said Town of Hampden property; 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 the said lands for the above purposes; further
granting to said Bangor Hydro -Electric Company, its successors and assigns,
and said Marcell Whitney, her heirs, executors, administrators, 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 Grantees, their heirs, executors, administrators,
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 Grantees, their heirs, executors,
administrators, successors and assigns, would endanger or interfere with the
exercise of any of the rights, privileges and easements hereby conveyed.
This easement is granted upon the condition that if the Grantor herein,
its successors and assigns, requests Marcell Whitney, his heirs, executors,
administrators, successors and assigns, to relocate his facilities on said
lands, then the said Marcell Whitney, his heirs, executors, administrators,
successors and assigns, will relocate his facilities within a reasonable
amount of time after receipt for such request, provided however that said
relocation shall be to a location that is mutually agreeable to the within
Grantor and Marcell Whitney, and further provided that Marcell Whitney agrees
to relocate his facilities only once with no expense to the within Grantor
and Bangor Hydro -Electric Company, their and assigns.
93-369
TO HAVE AND TO HOLD the said rights, privileges and easements to said
Bangor Hydro -Electric Company, its successors and assigns, and said Marcell
Whitney, his heirs, executors, administrators, successors and assigns,
forever.
IN WITNESS WHEREOF, I, the said City of Bangor, has caused this
instrument to be executed by its duly authorized representative this
day of , A.D. 1993.
City of Bangor
By:
E& Barrett
-City Manana ger
STATE OF MAINE
County of Penobscot, ss: , 1993.
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,
Notary Public
Print Name of
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