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Home My WebLink About1991-06-10 91-247 ORDERCouncil Ashen Date Item No. Item/Subject: Authorizing Execution of Easements to Bangor Hydro -Electric Company nillbraak Subdivision on Essex Street Responsible Department: Engineering Commentary: Work is almost completed on the streets in the xillbrook Subdivision, and people are presently constructing houses which will require the extension of electric power service. The Bangor Hydro require n pleasant to permit installation ofthenary overhead wires and :buried cables, with the understanding that any Easements granted within the streets will be converted to Location Permits when the streets are finally accepted by the City as public ways. peyrtmmrHeed n a�n:ges's Comments —rkbb�� ani-Q1W Gty Als wgn Associated Information: Budget Approval: Fina ee 0ir< Legal Approval: Cary Sol)dtor Introduced For OP'auaget ❑ First Reading page _of_ ❑Referral 9/- ;y1 Aedgnel to CouneJor QNN90% _ CITY OF BANGOR (TITLE.) (qTDBX[ nutho 1 im;_Eyecution ofEasements to Number Hydro -Electric Company - Hillbrook Subdivision on Essex Street By the City Cowmdl of4ke Oft ofBdm .' ORDERED, TfiAT , ENCEPSH, a residential subdivision, brown as the Hillbrook Subdivision, is being constructed on Outer Essex Street, and WHEREAS, said Subdivisioncnstruction will eventually result in the acceptance of two streets as public ways, known as Fox Hollow and Trillium Trail, a showman the approved Subdivision Plan. and WHEREAS, Hillbrook Partnere, the Developers of said Subdivision, have deeded six lots in said Subdivision to the City of Bangor as c guarantee of acceptable construction of said streets, being Lots numbered 13 through 18, and WHEBEAS, the Bangor Hydro -Electric Company requires easements within said proposed public ways and portions of the above-described Subdivision lots for the purpose of installing both overhead and underground electrical utility linea:. NOW. THEREFORE, Be It ORDERED, THAT the City Manager be and hereby Is authorized to execute Easements for the placement of said electrical utility lines within portions of said Pax Hollow and Trillium Trail, and within Lots 13 through 18, said Easements within the proposed streets to be replaced by location permits at such time as said streets are accepted as public ways. Said Easements are on file in the City Clerk's Office. In City Council June 10, 1991 Suspension of the roles passed Order Passed Councilor Cohen Abstained he( City Clerk 91-247 4 ORDER Title, 9 Authorizing BxeeutSon of Easements to vixioe and sF.lectree .Coape@:.Hillhcosk Suhdtv{gion on Essen Street ...................................... tFr ...................................... Coweilsan j MOW ora ALL MEM BY THERE PRESENTS, That City of Bangol, n municipal corporation, simple in o the County of Penobscot and State of Maine, 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 Millbrook Partners to the Grantor herein by deed dated October 30, 1989, and being held in escrow by the City of Bangor. The premises are described as follows: Road areas depicted as Fox Hollow and Trillium Trail on the "Final Plan of Hillbrook Development" dated March 29, 1989, revised June 6, 1989 and August 16, 1989, prepared by Plisga A Day, Land Surveyors, recorded in the Penobscot County Registry of Deeds in Map File D303-89. 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 hereinafter set forth, which are to be exercised upon and with respect to so much of strips of land 20 feet in width for their entire length as lie within the aforesaid lands. Said strips being shown on a reduced plan labeled "Exhibit All, attached hereto and made a part hereof. Said plan entitled "Survey Plan Showing Electric Easement Servicing Hillbrook Development" prepared by Plisga 6 Day, Land Surveyors, dated May 1, 1991, and recorded in said Registry in Plan File D58-91. The rights, privileges and easements hereby conveyed for utility purposes with respect to said strips are 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 r 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 strips cleared by any lawful means of trees, undergrowth and all other obstructions. Also conveying to said Bangor Hydro -Electric Company, its successors and assigns, the rights to place the necessary aboveground padmount transformers and electrical devices, with their necessary wires, cables, conduits, ducts, and fixtures, attached thereto, within the aforementioned strips; 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 strips underground to facilities and buildings as now located or to be located on the lots in said development. Also conveying to said Bangor Hydro -Electric Company, its successors and signs, the rights, s 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 s to provide electric service to facilities and buildings beingserved by the herein described underground system, in the event a fault occurs n the underground system during a period of time when it may be difficult or impossible, due to weather conditions, ground conditions or otherwise, t0 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. 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, o other structure, of any kind or nature,.upon said strips, any or all of which in the opinion of the Grantee, its successors and assigns, would endanger or interfere with the exercise o£ any of the rights,.privileges and easements hereby conveyed. Also conveying to said Bangor Hydro -Electric Company, its successors and signs, 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 equipment, 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 issubject 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 regrading, regrass-seeding, and reasphalting of said surface. Also conveying to said Bangor Hydro -Electric Company, its successors and assigns, the power to as sign to others, in whole o in part, any ar all of the rights, privileges, andeasements herein set forth• Upon the acceptance by the City of Bangor of Fox Hollow and Trillium Trail as public ways and the issuance of a Permit for Conduit and Buried Cable pursuant to Title 35-A, M.R.S.A. Section 2503, this easement shall become null and void. TO HAVE AND TO HOLD the said rights, privileges and easements to said Bangor Hydra -Electric Company, its successors and assigns, forever. IN WITNESS WHEREOF, the said City of Bangor, has caused this instrument to be executed by its duly authorized representative thisday of . A.D. 1991. City of Bangor By: Edward A. Barrett City Manager STATE OF MAINE County of Penobscot, as: , 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 municipal corporation. Before me, print Name of Notary: 9ANGORZEASE Notary Public J. r f PIJS�..W...l� _ NOTES SU!i.. Ii1i1 wn j�'® I.I u• ��''��1 .��P jN vx ulI u / m Yam¢ 1 1 i 1 � ''I pi I �_ __-- H(LLBROOM O6VCLOPN£NT NSW kLPY ! e " X