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HomeMy WebLinkAbout1989-02-27 89-95 ORDERt ounm, Atnon Dare m 3 Item No. 89-95 Item/Subjem: Authorizing City Manager to Execute an Basement Agreement - Bangor Hydro-Elettric Co. —Corner of Odlin Road and Ha®and Street Responsible Department Engineering Commentary: The City of Bangor owes strip of land along the southerly side of odlin Road at the Entersection ofganmmW Street, which was part of the former Odlin Road rightbf-way before the street was realigned and r years reconstructed three yea ago. In order to maintain a underground electrical service t then office development located at 900 Harvard Street, an easement will be required to Cross the City land. Managers Comments: -Txzzma - awriu lcs-tkI passe 4Z,. Aia;Z.n,mnA w,d(la4.^u o-,�QaldP•>�d'P.v,••J- p" Associated Information:© Budget Approval: A A-, Legal Approval: Introduced For CONSENT ®Passage ❑ First Reading Pape _ of ❑Referral _ 89-95 Aeeigned 10 Gwtilor England, eebtuary 9, 1989 rb CITY OF BANGOR (TITLE.) (orber, Ant- i ing City Managea m .11 e,aruta an Basement_ Agreement - Bangor Hyaro-Blemrir Co. - Corner of odun Road ens on Pamma Street By the OUR CeymR of Ne City ofRosser. ORDERED, THAT the City Manager be and hereby is authoriaeatto execute, an easement Agreement with the Bangor Hydro -Electric Company to permit the installation and future maintenance of an underground conduit across a strip of City -awed land adjacent to Odlin Road at the intersection of Resound Street. A copy of said Basement Agreement is on file in the Office of the City Clark. IP CITY COUNCIL Pebruary' 27; 1989 Passed LE�uc.�ja.-.,._ CITY BK 89-95 ORDER Title, ........... CSty Meneget tv. enecure. av Eaee4ent Agreement - Bangor Uyd o -Els [ i Co. - Cov er of Min Brad d.N�M,t�AA d�-u6t�� ^/t . —Wain �pmd to Counci�man I KNOW ALL MEN BY THESE PRESENTS, That It, City of Bangor a Municipal corporation, 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 The 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 organised 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, sell and convey to said Bangor Hydro -Electric Company, its successors and assigns forever, the rights, privileges and aaants hereinafter set forth, which are to be exercised upon and with respect to so much of a strip of land 20 feet in width for its entire length as lie within the aforesaid lands. Said strip being shown on ^Exhibit Aa, attached hereto and made a part hereof. The rights, privileges and easements hereby conveyed for utility purposes with respect to said strip are as 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 or 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, protectivead safety devices, manholes and other apparatus; and the right to keep said strip cleared by any lawful means of trees, undergrowth and all other obstructions. Also conveying to said Bangor Hydro -Electric Company, its successors and signs, the rights to place the necessary aboveground padmount transformers and electrical devices, with theirnecessary ary wires, cables, conduits, ducts, and fixtures, attached thereto, within the aforementioned strip; with the right to transmit electricity and intelligence over, through and by said cables, conduits, ducts, fixtures, padmount transformers, and electrical devices. Also conveying the right to extend service lines from said strip either underground or verhead to facilities and buildings as now located or to be n located on said premises. Also conveying to said Bangor Hydro -Electric Company, its s and assigns, the rights, 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 as to provide electric service to facilities and buildings being served by the herein described underground system, in the event a fault occurs in the underground system during a period of time when it may be difficult or impossible, due to weather conditions, ground conditions or otherwise, to 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, or other structure, of any kind o nature, upon said strip,, any or all of which in the opinion of the Grantee, c its s and assigns, would endanger or interferewith the exercise of any ofthe srights, 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, w 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, determined by the Grantee, of said safety regulations, shall constitute a a interference with and violation of the rights, privileges and easements hereby granted. This conveyance is subject to the Grantee's agreement and covenant to promptly restore the surface of the Grantor's land to its prior condition 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 signs, the power to assign to others, in whole or in part, any or all of the rights, privileges and easements herein set forth. TO SAVE AND TO HOLD the said rights, privileges and easements to said Bangor Hydro -Electric Company, its successors and assignsforever. IN WITNESS WHEREOF, It, the said City of Bangor, has caused this instrument to be executed in its corporate name by Edward A. Barrett, its City Manager, hereunto this iS day of MARCH A.D. 1980. and Delivered the pr cc of Bangor By: AwX Edward A. Barrett, C1<y Manages STATE OF MAINE County of Penobscot, as; March 1, 1988. 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. / n Before me, Notary Publ'c � Type or print name of Notary Public . Terri Lee Corey Y C. v."zum E%,:s, nua.vbar 0.1 ce /fly case✓ 9C if C' ;L^, d c C G ._D. u/Ti LJIcY�7'1C I//7E'S..G/C/n.�5 /nn�/ o>`�$ritl.�ur�rE7z /PE.�t.Y%7kttsT .� ? (f/7Y ar 3,1/V /2 >. �o � iq �i�shn9 1v35 ii-3bE7./7 N ,� �em'ian d� 6.V.GLa O. ?ivns.'6r ne Fe4 c� .:'anG/ 4e�ri6d /rI lease ' -- dafe9'2�y /� � Z/Mreby ce/'fify >`/zvfas o{',Cb✓G/9G8 \ - -/hc uns'elrcr�ia/c/<cfNCq/<6r�ilfs NS<t/fo�irrw��-e/<c1r��.i/�viGelb >//e *27 .5t5 //G'ii�dlG�>/k'; a.F i�zvrr/G•�v` .s Si/GL/07 /1G/f G/7. EXHIBIT 'A" 2EOF Af4 h ANDREW SITYKA R4B ly gfclaii.RQ.�O� N� sURVG/ Prgifit6. /-✓� �Z /9C� XRM t It, City Of ngor a p�f�ation` beingytheBOOwnerB ince fee simple Of certainelands Located inithe 89-95 °Fry °t Bangor, County Of p°nob°cot, Beate of Maine, and described as follows, v Being a Portlnn Of the promises conveyed by 'Me United states of America to to Grantor herein by dead dated December 19, 1948 and recorded in Me Penobscot County Registry of Ceeae in Back 3148, page 67: for Consideration given by BAMOR HYBRG-gLBCpklC COmplay, a corporation Organized and existing under to laws of the State Of Maine and having its principal place Of business at Bangor, County Of Perchance, State Of Maine the receipt whereof IS hereby acknowledged..does hereby give, grant, sell and convey to sate Boger Hr°- lecnnlc many, its to[be rX the igAlaan aa" privileges d e nt° bereimftz sat forth, s and assigns a re width for it cis°dAtl[ lnd M am lie rasps" st° in 8a such Of a strip of land 30 feet in being anon °n "¢Nhlb it A^n attached itieieta entll°raa Sd lends. Said strip a ma a pact hereof. The rights, privileges and easements hereby conveyed for utility purposes with resect to Said lareas follows. t0 enter upon maid lends with m and conveyances and all necessary tools, me hinaq, °gu Lpmnt and °uip lie°:°t excavate, ley, bury, install,c° tzuctawlntaln, 0 era 0, repair, "build, O and remove underground wires, cables, con dult5, so5,tTons fornexm, °pitching egulpaeM, pretentive and safety devices aMStem, t 3 ether app era tOa used or useful Yaz to transmission f el metriclfay, a the Gran 06 herein mafrom time to time d¢a ire, up On and/or beneath the u[P°ce °f Che amen: the right to tzensmlt el°ctzlCfty and intelligence e[ tn[ough 0nd by °a ld wires, cables, co dulbnadOctea transformers, switUing equlpnen[, eiotect iv* e d safety devices, Moles and other appazetue: a a the right O keep said strip elm red by env lawful means of trees, uMargr°wU and all other a atructions. Also conveying to said HCdro-Bletrlc Company, it successors and assigns, the rights to place tae`" a°sa aboveground paamount transformers electrical devices, with Mel[ necessary wires, cables, conduits, ducts, and fixtures, attached [erets, within rhe forementoned strip; with the ml es,tcables,,`Conduits, ducts, flaintelligence u agaaamou"nt tzars! immerse anaaala electrical devices. Also conveying the zlot to econd sees ice lines from Said strip either underground o w rheas m facilities and buildings as has 3°tea r to ° located on said premises. A150 conveying to Sa Sanger Hydro -Electric Company. Itssuccessors and a signs, the font, privileges and "Accepts to cmetrust, maintain and Operate a lin. F poles and wires with their fixtures and supports, O temporary basis, a said lands In such summer S W provde electric service to facilities dna buildings being served by no as described Ardergr°und oi°cle: p soli vont a fault =Cuts °in rhe underground ystem during Period mea be difficult r impossible, due to weather conditions, ground condition. r °tetaise, to repairmh underground system; said nine Of Plea and wires to b, dismantled by Sate Bangor Hydro-Blectzi° Company when u h fault is permeated; and to transmit electricity and intelligence l aid wire: and apparatus, and to clear and dispose f interfering trees and other growth from time to time. no cantor for itself and its s and assigns, " ants and agrees to and with the Grantee, its s and "signs, than it will not spent °r maintain or permit the startlessuccessors Of ay building, trailer, mobile home, Swimming p°°1, Or send[ structure, Of any kind or o nature. upon said strip n_v all f Mich In the opinion of the Grantees its au ce rs and sea1qn would andange or interfere with the exercise of any°P the rights, privileges and easements hereby conveyed. Also conveying to said Bangor Hydro-Blactric Company, n its successors and assigns, the right to establish any and all safetregulations which Said Company, In its °°le discretion, deems necessary and proper for the transml esiOft Of electricity r int e 111gence, end for the construction end m in Cena ace Of said poles, lees, an share, cables, conduits, ducts, switch ng equipment, protective and safety devices, Meleo, andotherapparatus used or usayel for the transmission Ofelectricity; Any interference or violation by said Grantor, its successors and assigns, a determined by the Grantee, of Said safety regulation,Mall Constitute an interference with and violation of the rights, privileges and easements hereby granted. 89-95 This conveyance is Subject to the Granteefs agreement and covenant to Promptly restore the surface of the Grantors land to its prior condition 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, regress -seeding, and reasphalting of said surface. Also conveying 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 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 in, its corporate name by Edward A. Barrett, its City Manager, hereunto this day of , A.O. 1988. Signed and Delivered in the presence of City of Bangor By: Edward A. Barrett, City Manager STATE OF MINE county of Penobscot, as: , 1988. 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 Type or print name of Notary Public