The URL can be used to link to this page

Home My WebLink About1989-06-26 89-278 ORDERIntroduced For CMuempsv-r - - ®Passage First Reading Page_ of ED Referral Date June 26, 1989 Item No. 89478 Authorizing City Manager to Execute Easement Agreement With Item/Subject: Bangor Hydro -Electric Company - water Street Responsible Department: Engineering Commentary: The Bangor Hydro -Electric Company has installed aunderground services to the Parking Garage, portions of which lie .within the former right-of-way, of Water Street between Broad Street and Kendoakeag Plaza, which was previously discontinued as a public way. _\1 i[� ___TRR"�--•" .. — Manager's Comments: D l�.aa \1w_ _ r: J_ �a 4k tTea- CiIY Mawgn Associated Information:p Budget Approval Dirt Legal Approval - {ny,tohcmr Introduced For CMuempsv-r - - ®Passage First Reading Page_ of ED Referral 89-2)8 Assigned to Coumedor England, gone 26, 1989 CITY OF BANGOR (TITLE.) VGrbgr Authorizing City, Manager to Execute Easement Agreement with Bangor Hydro -Electric Company - Water Street ................ ............. ........... BY the qty CoumiL of the City o(Banp .- .ORDERED, TUT the City Manager be and is hereby authorized to ex cute an Basement .Agreement with the Bangor Hydro -Electric Company, a copy of said Agreement o file with the City Clerk, for the installation of equipment pertaining to the sea underground service line to the Parking Garage, on a portion of the dis- continued right-of-way of Water Street east of Broad Street. In City wucil Sue 26,1989 Passed C Ci erc k� 89-2]8 0RBER Title, Authoxizi y City Mana9ex to Rx be assF L. f.. �aa. v-: A r�innt with BamSnr Hyd n ........ ...... Rlectric Co. Watex St. ......................n.................. Axid /A Axid to Cowcilman 89-278 KNOW ALL MEN BY THESE PRESENTS, That It, the City Of Bangor, a municipal corporation, being the owner n fee simple of certain lands located in the City of Bangor, County Of Penobscot, State of Maine, and described as follows, viz. Being that portion of Water Street between Broad Street and Kenduskeag Plaza discontinued by Council Order #88-141 dated March 14, 19BS and recorded in the Penobscot County Registry of Deeds in Book 4228, Page 288; 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 a signs forever, the rights, privileges and easements hereinafter set forth, which are to be exercised upon and with respect to so much of a strip of land being described as follows: Beginning at the easterly bound Of Broad Street at a point marking the intersection of the easterly bound of said Broad Street and a line extended from the southerly exterior wall of the parking garage located on said premises; thence running southerly along the easterly bound of said Broad Street a distance of 12.5 feet to a point; thence easterly a distance of 42 feet to a point; thence at a right angle northerly a distance of 15 feet to the exterior wall of said parking garage; thence westerly, southerly and westerly, but always following along the exterior - wall of said parking garage, to its southwesterly corner; thence continuing on the last course to the paint of beginning The underground conduits located within said strip to be located within 5 feet of said parking garage. The rights, privileges and easements n ents hereby conveyed for utility purposes with respect to said stripare as follows:to enter upon said lands with men and conveyances and all necessary tools, machinery, equip- ment and supplies; to excavate, lay, bury, install, construct, maintain, operate,repair, rebuild, and remove underground wires, cables, conduits, ducts, transformers, switching equipment, protectiveand 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, protective and 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 s sors and assigns, the rights to place the necessary aboveground padmount trans- formers and electrical devices, with their necessary wires, cables, conduits, ducts, and fixtures, attached thereto, within the aforementioned parking garage; with the right to transmit electricity and intelligence through and by said wires, cables, conduits, ducts, fixtures, padmount transformers, and electrical devices. Also conveying the right to extend service lines from said strip either underground o overhead to facilities and buildings as now located or to be located on said premises. Also conveying to said Bangor Hydro -electric company, its successors and assigns, the rights, privileges and easements to construct, maintain e and operate a line of poles and w 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 Bather conditions, ground conditions or otherwise, to repair such under- ground system; said line of pales 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. 89-278 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 o intenance of any building, trailer, mobile home, swimming pool, o other structure, of any kind or nature, upon said strip, any or all of which in the opinion of the Grantee, its successors and s signs would endanger or interfere with the exercise of any of the rights, privileges and easements hereby conveyed. Also conveying to said Bangor Hydro -Electric Company, its successors and assigns, 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 s signs, s 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 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 i connection with the exercise ofthe 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 assign to others, i whole n 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 by its duly authorized representative this day of A.D. 1989. County of Penobscot, as; City of Bangor By: Edward A. Barrett City Manager STATE OF MAINE 1989. 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, Notary Public Print Name of Notary: