HomeMy WebLinkAbout1988-05-23 88-236 ORDERDate 9348 " V'• Item No. is-n6—
Authorizing City Manager Co Sign Easement Agreement with
tem/Subject: Street Hydro -Electric Co. - Overhanging Wires at Bavenport Park
Responsible Departmem: Engineering
Commentary: -
The Bangor Hydro requires an Easement Cc permit the extension of wires
from a pole on Main Street along Cedar Street, and the location of the
pole on Mate Street necessitates that the wires overhang the southwesterly
corner of Davenport Park. Thisan
a.hus been examined, and it does not
appear that the wires will a any problem to the Park, and the City
Engine ends approval. TThe'Ag£e ov
entohas ca�prisioncthatthe
City may direct that the wires be relocated at save time in the future,
if it is considered necessary, at no expense to the City.
ueportmms X<ad
Manager's Comments:
City Mower
Associated Information: Dndrn
Budget Approval: M.4
ee Dire
Legal Approval:
CiiySulieimr
Introduced For
®Passage
❑First Reading Pap _of_
0 Referral -
88-236
Introduced by Councilor England, May 23, 1988
CITY OF BANGOR
QIRE.) @rlberg... Authorizing City manager to Sign. Easement Ag eamenc with Bangor
Hydro -Electric Co. - Overhanging Wires at Davenport Park
Bothe City Council of the City of Reeder.
ORDERED,
TUT the City Manager be and hereby is authorized to sin the attached
Easement Agreement with the Bangor Hydro -Electric Company to permit the
installation of mires at the corner of Main Street and Ceder Street which
will overhang the southwesterly corner of Davenport Park, necessitated by
the ongoing Main Street reconstruction project.
IN CITY COUNCIL
May 23, 1988
Passed
gCITY C RR� '•_
ORDER
Title,
„Ad nori:ipg, City, Manager, co,
eaecment Agreement With Bangor Hydro-
.................... ....... ... I .....
ydro-......................................
Electric Co. - Overhanging wires at
Davenport Park.
Introduced and filed by
Coon I;an
AJ:
cr yFc; j3
C14j g4dC
RK
_236
SHOW Banger, a body Corporate,
Of a wwsoi peneb:boa,'andState of Mine, being e
3gnpiebOfBCe Certain lana, bested in Sty o angor, comy of u
Pe111 in
nobscot, Star, of Maine, and described a, follows Vie:
Being en o vmyeC to the Grantor herein by deals dated and
r, ended in Me Penobscot County Registry a Da a a follows,
.
Dead daild [ch 0 corded in Book 232, Page 125.
Deed dated March 4, 1851 111loold in Bu page 127.
Deed dated M 111, 8, 1856 recorded in Book 969, page I39.
for consideration paid by BANOOR XY DRO-ELECBIC C corporation
Irgllil,d I'd existing under N of Mine and having i
or neipal palace of eaa laws If
County a Penobscot,
Mebreceipt r hereby acknowledged, doe, lhereby give,
error I'd ,may to 'nvaea lectric Company, ; and
the right,,p leges a maintain.
Poupgrade from m privileges
said foods, utility purposes,
r Overhanging twithtthefixtures£ supports, Bute of said line istnow located o out o relegated a
I line
t is ono lly agreeable totheGr grant,,rein, said
that m he motherly pove`on a sid Grantor',
to laid
prom th ' veueacCrlY bound Of Cedar s to the northwesterly tbboound o
Billet, with right to tri m electrtldty old intelligenceover
Cine, Sand o cleat and aisrose of interfering and or their growth from
e to time, 'IN pern;ssiwn to enter upon theaidlend¢ for t above
ep
Purport'; further granting to Said Ba ger Hydro -Electric Cmanyne its
and assigns, the power to assign to tb[s, in hole c "n part,
any or all If Ne rights, privileges and ..assets herein ae forth.
The Grantor for itself, a its ¢ and assigns, covenants and
agree and with t Grantee, its and a signs, thatitnot
elect trailer, maintain the
theerection n any building,
iwl,bill 5 feet so£0y1 apool m`structure,moaf any kind or
any or pall ofWhichIn [ opinion of the
ren, its surge son and assigns, w,old en endanger of interfere with the
exercise o any If the a rights, privileges an tie anthereby conveyed.
This e s granted 'Pon the condition that if the Grantor herein
its easement is
ra signs requests [ angor Byaio- actria Company, successors and ... igns, to rel le'its facilities said premises the
said Bangor Xydro-E ompany, an sign¢ will • tete
ac;l;ties within`, le a s'after i of suchen
request, provided however that said r ocetionrShall be too a r location that is
wally agreeable to no Grantor and Gra a herein, aid further provided
that Bangor Xyd[o-ELctrie Company ajrees to relocate its facilities only one
'Ito no expense to the Grantor herein.TO HAVE AND TO '
said rights,
Privileges
a a
e said
Bangor Hydro-ElectiicECo pony, its Successor, s aslgnsforever.
WITNESSIN NXSHEOF, thesa
seta City of Bangor has c sea Instrument t
besigned
dinit,
C orpiratte mars by ads
aduats A. Barrett, it Cit YManeget,
n . o
Y May, A. . 1988.
Signed a daDelivered
in the presence of
City of Bangor
By:
wara Ai
STATE OF MAINE
County of Penobscot, as. May , 1988.
Bar nafly app,,ea the above-namedaEdwardA Barrett lod actino eagea
foregoing
oin9aryom.trto b his free at and ed'andthem freeac and dead the
Scroll, me,
Notary Public
Type or print Hume of Notary
Public
88-236
KNOW ALL MEN BY THESE PRESENTS, That the City of Bangor, a body corporate,
of 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 the premises conveyed to the Grantor herein by deeds dated and
recorded in the Penobscot County Registry of Deeds as follows:
Deed dated March 4, 1853 recorded in Book 232, Page 125.
Deed dated March 4, 1853 recorded in Book 232, Page 127.
Deed dated March 8, 1856 recorded in Book 269, Page 339.
for consideration paid 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 s and
a
signs forever, the rights, privileges and easements to construct, maintain,
operate and upgrade from time to time on said lands, for utility purposes, a
line of overhanging wires with the necessary fixtures and supports, as the
route of said line i w located orstaked out or relocated in the future to
a location that is mutually agreeable to the Grantor and grantee herein, said
line to extend over and across the southerly portion of said Grantor's land
from the northeasterly bound of Cedar Street to the northwesterly bound of
Main Street, with the right to transmit electricity and intelligence over said
line, and to clear and dispose of interfering trees and or their 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 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, 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 anyofrights, 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 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 amountofafter 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, the said City of Bangor has caused this instrument to
be signed in its corporate name by Edward A. Barrett, its City Manager,
thereunto duly authorized this day of May, A.D. 1988.
Signed and Delivered
in the presence of
City of Bangor
By:
Edward A. Barrett, City Manager
STATE OF MAINE
County of Penobscot, as: May , 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
the City of Bangor.
Before me,
Notary Public
Type or print name of Notary
Public