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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 ' cuy A6=jv Auociamd Infarmation:6sApd l :ympt p fya.rma M Bu Eget Approval: E Fn.,I'D, c Legal<pPrevsl: _ .. Ca Salin:o: 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 C�j it Cler 93-369 0RUER Title, AuFhoriz mexecy;igp.gf.Easeqeyt.96Deement with Bangor Hydro Electric Co. and Marcell .rAippey, Bpeaxps,pif, propeTcq„ ,, ,, A. .... PWAI...u.:-fX::........ Councilman nw \ryM a�yo I MA A� r 4SM amrw1 Vis mm�r�cr�v urs(. op a 14 C PVT) ToW�' ep"Feav3 Uwe 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 <Itvo wl