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HomeMy WebLinkAbout1991-05-13 91-215 ORDERIntroduced For EDpastage O First Beading page _ of— ❑ Referral Y5-13-91V Date Rem No. 91-215 Item/Subject: Authorizing Execution of Easement Agreements with Bangor Hydra-Electric Company -- Water District Property Responsible Department: Legal Commentary: The purpose of this Order is to authorize the execution of three easement agreements which will permit the replacement of a fisting line on the discontinued Egery Street and will permit the installation of additional power lines to service new building currently under construction by the Bangor Water District. Manager's Comments: City Mmmger Associated Information: Order, Easement Agreements, Plan Budget Approval: ceDw Legal Approval Ciiysolieiior - Introduced For EDpastage O First Beading page _ of— ❑ Referral ra vAW 91- AIs Aefigna to Connaor CITY OF BANGOR (TITLE) (®rbgr Authorizing Execution of. Easement Agreements with Bangor Hydro -Electric Company -- Water District BY the My Cement of t4 Coy ofBaepw: ORDERED, THAT the City Manager is hereby authorized and directed, on behalf of the City of Bangor, to execute three (3) easement agreements, designated as Easements "A", "B" and "C", copies of which are on file in the office of the City Clerk, for purposes of permitting the relocation of existing electric utility lines and for providing electric power to a new building currently under construction by the Bangor Water District, all of which is shown further on a plan attached hereto. 91-215 IN CITY COUNCIL 0 RDE R M y 13. 1991 Suspension of the Rules Passed. Title, Order Passed. Councilor Cohen eb ned. Authorising Execution of Easement ....................................... Agreements with Bangor Hydra-Electric -. 01,1,1 (......y - Nater Distrait Property Aedgned to .............................. Councilman KNOW ALL MEN BY THESE PRESENTS, That It, the City of Bangor, a Municipal corporation, having interest in certain lands located in the City of Bangor, County of Penobscot, State of Maine, and described as follows, viz: Being the same premises conveyed by Clara W. Gibson at als to the Grantor herein by deed dated July 2, 1907, and recorded in the Penobscot County Registry of Deeds in Book 767, Page 257; 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 and convey to said Bangor Hydro -Electric Company, its 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 poles, anchor and wires with the necessary fixtures and supports, beginning at the northerly bound of State Street, 301 feet westerly of the easterly bound of the premises described in a deed from the State of Maine to the City of Bangor dated July 26, 1909, and recorded in said Registry in Book 797, Page 405; thence extending in a northerly direction in and along a discontinued way, formerly known as Egery, Street, a distance of 500 feet, more or less, to the southerly bound of Garland Street; with the right to extend from said line easterly to the westerly end of the Grantee's substation right of way; also the right to place one anchor on the aforesaid' premises within 15 feet northerly of the northerly bound of State Street and easterly of the easterly bound of the driveway, leading to the Bangor Water District's Office; 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, the power to assign to others, in whole or in part, any or all o£ the rights, privileges and easements herein set forth. The Grantor for itself, and its s and assigns, covenants and successors s even agrees to and with the Grantee, its successors and assigns, that it will not erector maintain or permit the erection or maintenance of any building, trailer, er, 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 successorsand assigns, would endanger O interfere with the exercise of any offthe rights, ts, privileges and easements hereby conveyed. TO HAVE AND TO HOLD the said rights, privileges and easements t0 said Bangor Hydro -Electric Company, its successors and assigns, forever. IN WITNESS WHEREOF, the said Bangor Water District, has caused this instrument to be executed by its duly authorized representative this 15th day of 1991. /q£ Bangor? By: /A/ihG :& Edward A. Barrett City Manager STATE OF MAINE County of Penobscot, as: May 15 , 1991. Personally appeared the above-named Edward A. Barrett and acknowledged the foregoing instrument to be his free act and deed and "a free act and deed of said corporation. Before me, / nn Notary Public Print Name of Notary: CMOFH6R �,p6 KNOW ALL MEN BY THESE PRESENTS, That It, City of Bangor, a Municipal Corporation, having an interest in certain lands located in the City of Bangor, County of Penobscot, State of Maine, and described as follows, viz. Being the same premises conveyed by the State of Maine to the Grantor herein by deed dated July 26, 1909, and recorded in the Penobscot County Registry of Deeds in Book 797, Page 405) 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 JJ State Street, Bangor, County of Penobscot, State of Maine, the receipt whereof is hereby acknowledged, does hereby give, grant and convey to said Bangor Hydro -Electric Company, its 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 c a consisting of one pole, anchor and wires with the necessary fixtures and supports. Said pole to be placed on the aforesaid premises within 10 feet of the northerly bound of State Street and within 5 feet of the easterly bound of the said premises; 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, the power to assign to others, in whole or in part, any or all of the rights, privileges and easements herein set forth. TO NAVE 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 beexecuted by its duly authorized representative this ygth day of May ,1991. Cit f Bangor By:®. Edward A. Barrett City Manager STATE OF MAINE County of Penobscot, as. May 15 , 1991. 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 swi Print Name of Notary: Terri Lee Corey c 521RASEnsxm n6„ KNOW ALL MEN BY THESE PRESENTS, That the City of Bangor, a municipal corporation, in the County of Penobscot, and State of Maine, having a interest in certain lands located in the City of Bangor, County of Penobscot, State of Maine, and described as follows, viz: Being the same premises conveyed by the State of Maine to the Grantor herein by deed dated July 26, 1909, and recorded in the Penobscot County Registry of Deeds in Book 797, Page 405; Ear 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 and convey to said Bangor Hydro -Electric Company, its successors and assigns a forever, the rights, privileges and easements to construct maintain, operate and upgrade from time to time an said lands, for utility purposes, a line consisting of one pole, anchor and wires with the necessary fixtures and supports, beginning at the northerly bound of State Street 128 feet, more o less, westerly along State Street from the southeasterly corner of the aforesaid premises; thence extending in a northerly direction on said premises a distance of 70 feet, more or less; with the right to extend lines from said line to serve sites on said premises; 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, the power to sign to others, in whole o n 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. 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, the said Bangor Water District, has caused this instrument to be executed by its duly authorized representative this 15th day of May , 1991. of By:CP� H aa�� Edward A. Barrett City Manager STATE OF MAINE County of Penobscot, as: May 15 , 1991. 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 corporation. Before me, /�yy CA g�K Notary Public Print Name of Notary: Terri Lee Corey fiS38r1.�R- /CN N TA,Mna R43 1 �oey:W.: �S93 1.1 A4 WA 1 R T 1 J DIST .y 70 0 6.6 Af oV A a e;..a 3O E V T ��� �QALE:,J�200g CITY �(�rV MAINE LEGAL DEPARTMENT FAX 207rs45iH9 Polar E. Miller, City Solicitor Erik M. samptel, Awietnnt City solicitor May 15, 1991 Peter Libhart Bangor Hydro -Electric Company 33 State Street P. 0. Box 932 Bangor, Maine 04401 Re: Renault Water District Property Dear Peter: Enclosed please find three easement agreements for purposes of permitting the relocation of existing electric utility lines and providing power to a new building currently under construction by the Bangor Water District. For reference purposes, Edward A. Barrett, City Manager, has executed them pursuant to Council Order #91-215 which was passed by the City Council at its May 13th meeting. If you have any further questions regarding this matter, please feel free to call me. Very t=llyny yours, Robert E. Miller City Solicitor REM/to Enclosures 151ddU1&fYnb51 Hay 15, 1991 TO: Ruse McKenna, City Clerk FROM: Terri Corey, Legal Department RE: Council Order #91-215 -- Authorizing Execution of Easement Agreements with Bangor Hydro - Electric Company -- Water District property Enclosed please find copies of the three easement agreements referred to in the above -indicated Council Order. I have this date forwarded the originals to Bangor Hydro. If you have any questions, please call. T.C. to Enclosures pc: City Manager City engineer