HomeMy WebLinkAbout1990-02-26 90-107 ORDERlass ad For
H age
First Reading Page_ at—
Referral
Date >uR�
>on
Item No. 90-107
Item/Subiem: Authorizing Granting of Easement
to Bangor Hydro -Electric
Company -- BIA
Responsible Department Legal
Commentary:
The purpose of this Order is to authorise
the granting of an
easament to Bangor Hydro -Electric Company
for purposes of _
replacing an existing City-owned pole with
a Hydrd-owned
pole line to service new facilities being
constructed by the
Air National Guard.
Oepar[rnent Xead
Manager's Comments:
cry�lC"W_
Associated Information:
Budget Approval:
m Dire
Legal Approval
-
sofioi r
lass ad For
H age
First Reading Page_ at—
Referral
90-10]
Aedpied to Cowcilor England, February 26, 1990
CITY OF BANGOR
(TRIld (PaCr. . A . u 1. r - horizing Grant I in q 1. o£ Easurn I ant to Ba1. ngor
Hydro -Electric Company -- Bangor International Airport
BY Hm City Cowan of 14 My of Sesame
ORDERED, - -
THAT the City Manager is hereby ahthorized and directed
to execute an Easement Agreement, a copy of which is on file
in the City Clerk's Office, and a Bill of Sale, conveying to
the Bangor Hydro -Electric Company certain poles and fixtures
described therein and granting to said Hydro -Electric Company
an easement described therein.
In City Council February 26,1990
c'ontim,ea
Cxlty Cle�
IN CITY COUNCIL
March ], 1990
Pasved. Conflict for C cilvt COM1ev
�x �� LEM
ORDER
Title,
Authorizing Creating of Basement to Bangor
......................................
Ny9[o electric Co. - Bangor Mydro Electric
......................................
AWWA to
......................................
Councilman
KNOW ALL MEN BY THESE PRESENTS, That City of Bangor, amcipal
corporation, located in Bangor, in 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,
Being a portion of the premises conveyed by 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 33 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 consisting of poles, anchors and wires
with the necessary fixtures and supports, beginning at the northwesterly
bound of Griffin Road and extending in anortherly direction across the
Old Puller Road, so-called, a distance Of 436 feet, more or less; thence
in a westerly direction across said road a distance Of 710 feet, more or
less; thence in a northerly direction a distance of 90 feet, more or less
to a point southerly of said road and the parking area for the FAA Control
Tower; thence in a northerly direction across said road and parking area a
distance of 280 feet, more or less; thence in an easterly direction 135
feet, more or less, with the right to extend from said line either
overhead or underground 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,
with permission to enter upon the said lands for the above purposes;
further granting to said Bangor Hydro -Electric Company, its successors
ssors 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 heirs, executors, administrators,
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 30 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.
This easement is granted upon the condition that if the Grantor
herein, its successors and assigns, requests the Bangor Hydro -Electric
Company, its successors and assigns, to relocate its facilities on said
premises, than the said Bangor Hydro -Electric Company, its successors and
sign, will relocate its facilities within a reasonable amount of time
after receipt of such request, provided however that said relocation shall
be to alocation that is mutually agreeable to the Grantor and Grantee
herein, and further provided that Bangor Hydro -Electric Company agrees to
relocate its facilities only once with no expense to the Grantor herein.
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 be executed by its duly authorized representative this
day Of , A.O. 1990.
County of Penobscot, as:
City of Bangor
Edward A. Barrett
City manager
STATE OF MAINE
1990.
Personally appeared the above-named Edward A. Barrett and acknowledged
the foregoing instrument to be his free act and deed.
Before me,
Notary Public
Print Name of Notary:
BILL OF SALE
SNOW ALL MEN BY THESE PRESENTS, That It, City of Bangor, a municipal
corporation, located in Bangor, in 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,
In consideration of one dollar ($1.00) paid by BANGOR HYDRO -ELECTRIC COMPANY,
a Maine corporation having a place of business at 33 State Street, Bangor,
County of Penobscot, State of Maine, the r eipt whereof is hereby
acknowledged, do hereby grant, sell, convey, transfer and deliver, unto the
said Bangor Hydro -Electric Company, the following described goods and
chattels, namely:
One (1) 35 foot utility pole, one (1) 45 foot utility pole and nine (9)
40 foot utility poles with all the existing fixtures and supports as the
same are now located on property owned by City of Bangor an the Old
Fuller Road in Bangor, Maine
TO HAVE AND TO HOLD all and singular the said goods and chattels tothe
said Bangor Hydro -Electric Company, its successors and assigns, to their own
use and behoof forever.
And it hereby covenants with the said Bangor Hydro -Electric Company that
it is the lawful owner of the said goods and chattels; that they are free
from all encumbrances, that it has good right to sell the same
as aforesaid;
and that it will warrant and defend the same unto it the said Bangor
Hydro -Electric Company, its successors or assigns, against the lawful claims
and demands of all persons.
IN WITNESS WHEREOF, It, the said City of Bangor, has caused this
instrument to be executed by its duly authorized representative this
day of , A.D. 1990.
Witness: City of Bangor
By: Edward A. Barrett
City Manager
MEMORANDUM
70: Russell MCMenna, City Clerk
FROM% Terri Corey, Legal Department
RE: Council Order #90-107
In accordance with the above -indicated Council Order,
enclosed please find a copy of an executed Bill of Sale and
Easement relative to the new Alert Crew Facility being constructed
by the Air National Guard.
T.C.
Enclosures
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, That It, City of Bangor, a municipal
corporation, located in Bangor, in 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,
consideration of one dollar ($1.00) paid by BANGOR HYDRO -ELECTRIC COMPANY,
aMaine corporation having a place of business at 33 State Street,_ Bangor,
County of Penobscot, State of Maine, the receipt whereof is hereby
acknowledged, do hereby grant, sell, convey, transfer and deliver, unto the
said Bangor Hydro -Electric Company, thefollowing described goods and
chattels, namely:
One (1) 35 foot utility pole, one (1) 45 foot utility pole and nine (9)
40 foot utility poles with all the existing fixtures and supports as the
same are now located on property owned by City of Bangor on the Old
Fuller Road in Bangor, Maine
TO HAVE AND TO HOLD all and singular the said goods and Chattels to the
said Bangor Hydro -Electric Company, its successors and assigns, to their own
use and behoof forever.
And it hereby covenants with the said Bangor Hydro -Electric Company that
it is the lawful owner of the said goods and chattels; that they are free
from all encumbrances, that it has good right to sell the same as aforesaid;
and that it will warrant and defend the same unto it the said Bangor
Hydro -Electric Company, its successors or assigns, against the lawful claims
and demands of all persons.
IN WITNESS WHEREOF, It, the said City of Bangor, has caused this
instrument to be executed by its duly authorized representative this 12th
day of Marna , A.D. 1990.
Witness: cit of Ha gor
� m
i/
By: Edward A. Barrett
City Manager
KNOW ALL MEN BY THESE PRESENTS, That City of Bangor, a municipal
corporation, located in Bangor, in 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 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 33 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 consisting of poles, anchors and wires
with the necessary fixtures and supports, beginning at the northwesterly
bound of Griffin Road and extending in aortherly direction across the
Old Fuller Road, so-called, a distance of 436 feet, more or lessr thence
in a westerly direction across said road a distance of 710 feet, more o
less; thence in a northerly direction a distance of 90 feet, more or less
to a point southerly of said road and the parking area for the FAA Control
Tower; thence i northerly direction across said road and parking area a
distance of 280 feet, more or less; thence in an easterly direction 135
feet, more or less, with the right to extend from said line either
overhead or underground 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,
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.
The Grantor for itself, and its heirs, executors, administrators,
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 10 feet of said
line, any or all of which in the opinion of the Grantee, its s ccess rs
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 the Bangor Hydro -Electric
Company, its successors and assigns, t0 relocate its facilities On said
premises, then the said Bangor Hydro -Electric Company, its successors and
assigns, will relocate its facilities within a reasonable amount of time
after receipt of such request, provided however that said relocation shall
be to a location that is mutually agreeable to the Grantor and Grantee
herein, and further provided that Bangor Hydro -Electric Company agrees to
relocate its facilities only once with no expense to the Grantor herein.
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, It, the said City of Bangor has caused this
instrument to be executed by its duly authorized representative thisl2th
day of March A.O. 1990.
Ci+,M,Mf lA����
nl
Edward A. Barrett
City Manager
STATE OF MAINE
County of Penobscot, as: March 12 , 1990.
Personally appeared the above-named Edward A. Barrett and acknowledged
the foregoing instrument to be his free act and deed.
Before me, / /y
On,. Bob
Notary ub1iC
P
Print Name of Notary: Terri Lee Corey
My Commission Expires Dec. 22, 1996
CITY OF
MAINE
LEGAL DEPARTMENT.
%but E. Miller, GEy, Sclintor FA%]ULPMAuf
Erik M. SrumplA, Anent City Sdiciur
March 12, 1990
Peter Libhart
Bangor Hydro -Electric Company
33 State Street
P. 0. Box 932
Bangor, Maine 04401
Ret BIA - Requested Easement
Dear Petery
Enclosed please find a Bill of Sale and Easement for purposes
of replacing an existing poletoservice new facilities being
constructed by the Air National Guard. In accordance with the City
Council's authorization on March ], 1990, Edward A. Barrette City
Manager, has executed both documents.
If you have any further questions regarding this matter,
please feel free to call my office.
Very truly yours,
Robert E. Miller
City Solicitor
REM/tc
Enclosures
pct Don Buffingtcnr_i
Peter D'Errico
Air National Guard
BILL OF SALE
MOW ALL MEN BY THESE PRESENTS, That It, City of Bangor, a municipal
corporation, located in Bangor, in 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,
in consideration of one dollar ($1.00) paid by BANGOR HYDRO -ELECTRIC COMPANY,
a Maine corporation having a place of business at 33 State Street, Bangor,
County of Penobscot, State of Maine, the receipt whereof is hereby
acknowledged, do hereby grant, sell, convey, transfer and deliver, unto the
said Bangor Hydro -Electric Company, the following described goods and
chattels, namely:' _
One (1) 35 foot utility pole, one (1) 45 foot utility pole and nine (9)
40 foot utility poles with all the existing fixtures and supports as the
same are now located on property owned by City of Bangor on the old
Fuller Road in Bangor, Maine
TO HAVE AND TO HOLD all and singular the said goods and chattels to the
said Bangor Hydro -Electric Company, its successors and assigns, to their own
use and behoof forever.
And it hereby covenants with the said Bangor Hydro -Electric Company that
it is the lawful owner of the said goods and chattels; that they are free
from all encumbrances, that it has good right to sell the same as aforesaid;
and that it will warrant and defend the same unto it the said Bangor
Hydro -Electric_' Company, its successors or assigns, against the lawful claims
and demands of all persons.
IN WITNESS WHEREOF, It, the said City of Bangor, has Caused this
instrument to be executed by its duly authorized representative this. 12th
day of March , A.O. 1990.
Witness: City„ f BaTgoi
By: Edward A. Barrett
City Manager
KNOW ALL MEN BY THESE PRESENTS, That City of Bangor, a municipal
corporation, located in Bangor, in 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 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 33 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 consisting of poles, anchors and wires
with the necessary fixtures and supports, beginning at the northwesterly
bound of Griffin Road and extending in a northerly direction across the
Old Puller Road, so-called, a distance of 436 feet, more or less; thence
n a westerly direction across said road a distance of 710 feet, more or
less; thence in a northerly direction a distance of 90 feet, more or less
to a point southerly of said road and the parking area for the PAA Control
Tower; thence in a northerly direction across said road and parking area a
distance of 280 feet, more or less; thence in an easterly direction 135
feet, more or less, with the right to extend from said line either
overhead or underground 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,
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.
The Grantor for itself, and its heirs, executors, administrators,
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
rection or maintenance of any building, trailer, mobile home, swimming
pool, or other structure, of any kind or nature, within 10 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.
This easement is granted upon the condition that if the Grantor
herein, its successors and assigns, requests the Bangor Hydro -Electric
Company, its auccessors and assigns, to relocate its facilities on said
premises, then the said Bangor Hydro -Electric company, its successors and
assigns, will relocate its facilities within a reasonable amount of time
after receipt of such request, provided however that said relocation shall
be to a location that is mutually agreeable to the Grantor and Grantee
herein, and further provided that Bangor Hydro -Electric Company agrees to
relocate its facilities only once with no expense to the Grantor herein.
7
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, It, the said City of Bangor has caused this
instrument to be executed by its duly authorized representative thisl2th
day of March , A.D. 1990.
Ci of Bangor
IA Ib
Edward A. Barrett
City Manager
STATE OF MAINE
County of Penobscot, as: March 12 , 1990.
Personally appeared the above-named Edward A. Barrett and acknowledged
the foregoing instrument to be his free act and deed.
Before me,
Notary Yub1 iO '
Print Nara of Notary: Terri Lee Corey
My Commission Expires Dec. 22, 1996