HomeMy WebLinkAbout1984-08-27 84-316 ORDER84-316
Introduced by Councilor Brown, August 27, 1984
CITY OF BANGOR
(TITLE.) f®rUr, a m i � Execution of.m "Assent To Granting ...
By CUB (;OLmMU Was Qty of Danger:
ORDERED,
THAT WHEREAS, the City of Bangor is the holder of am ortgage
n the premises located at or about 105 Mein Street (former
Sleeper-s Building, so-called) in coarection with its Urban Develop-
ment Action Grant to assist in the renovation and redevelopment of
said premises; and
WHEREAS, AdanerPickering Associates, the owner of the
mortgaged premises, has granted Bangor Hydro -Electric Company an
easement for the purpose of providing electrical service to the
redeveloped premises; and
WHEREAS, Bangor Hydro -Electric Company is desirous of
obtaining the assent of the City of Bangor, as a mortgagee of the
subject premises, to the exercise of Bangor Hydro -electric Company's
right's under said easement;
NOW, THEREFORE, BE IT ORDERED THAT the City Manager is
hereby authorized to execute, on behalf of the City of Bangor, the
"Assent To Granting of role Line -Easements", a copy of which is on
file in the Office of the City Clerk.
In City council August 27.1984 84-316 b�
Passed0 R D E R' "W -
(' rine; ` ejgf�, P3,
+r Bei
Ci Clerk Avttarieing Execution of an ^Assent to i _C/IYK'7
Granting of Pole Line Easements"
......................................
In�oduced and filed by
-- �Sowcilman
ASSENT TO GRANTING OP POLE LINE EASENUINTS
` 84-3131.6/. _
KNOW ALL MBN BY THESE PRESENTS, That the City ofBangor
, a Corporation organised according t0 law and
having an established place of Business atBa A , County of Penobscot
State Of Maine , is the Owner and M of a.Mortgage watch constttUtes a
Lien against certain l estate located at Bangor -County of Penobscot
State of Main, described in a Mortgage Deed dated. ttMal�ch2]] 19 84 recorded
in the Registry, of Deeds for Penobscot Count�f Maine in Volume
3503 , Page 34_, to which reference may ie had for a statement of the Ceres and
conditions of said Mortgage and a dehcrlption of the Mortgaged premises, both being -
incorporated herein by reference with the dame effect as if fully set forth herein; that
the Crantor(s) in said Mortgage Deed, Adams -Pickering Associates
Of Bangor , County of eno�bscot�' , State Of Maine who
by Deed dated July 12 ,. 19.84 , conveyed to BANGOR HYDRO -ELECTRIC COMPANY,,.
a Maine Corporation organized according to law and having an established piece of 3
business at 83 State Street, Bangor, Maine, certain rights, privileges and a sesses
therein fully set forth, which Deed is recorded or is to be recorded at said Registry
of Deeds and to which reference is made for a statement Of therights, privileges and
easements conveyed; that for valuable consideration to it paid, the receipt -whereof,-
is hereby acknowledged, the undersigned, Owner and holder of said Mortgage, does
hereby assent Co the granting of aforesaid of said .rights, privileges and easomanto am
t0 the exercise thereof by said Bangor Hydro -Electric Company, its successors nM
assigns forever, free from the lien and operation of the aforesaid Mortgage.
IN NITNBSS WHEREOF, said Uty of Bangor
has caused this Assent to be executed and its corporate deal to a�aff ixed-hereto by
its duly authorized representative this -day of , A.D. 194.
Signed, Sealed and Delivered -
in the presence of
By:
...Seal
STATE OF Mane
r
County of Penobscot , ss.
Personally_. _, foregoing_
sand deed, a above-named ct and deed the aCorp1aaCrument to be
his/her free ace and deed, end the free act end deed of she Coxpnraeion abooewamed.
Before me,
Justice of the Peace
Notary Public
City Of Bangor -
K
RNOV ALL RAN BY THESE PRESENTS, That it, Adams -Pickering Associates, a Maine
Limited Partnership with offices 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 the premises conveyed to the Grantor herein by Mitchell J. Sleeper
by Deed dated December 1, 1983 and the premises conveyed by 82 Columbia
Street by Deed dated December 1, 1983 and being recorded at the Penobscot
Registry of Deeds, respectively in Volume 3481, Page 185 and Volume 3474,
Page 36;
in consideration of One Dollar and other valuable considerations 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 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, therights, privileges and easements to construct, maintain and
operate on said lends linea of underground wires end/or cables and other apparatus
used or useful for utility Purposes to be located In and along the existing 12 foot
pn segeway extending northerly from Middle Street
across said premises described In
Volume 3481, Page 205; the westerly line of said passageway being the westerly bound
of said premises described In Volume 3481, Page 285; the description of said
passageway, being described in a dead from George W. Pickering to Sprague Adams and
James Adams dated March 14, 1871 and recorded at said Registry in Volume 408, Page
280; and to be located within a strip of land 12 feet vide for Its entire length
along the northerly bound of said premises described In Volume 3474, Page 36; said
northerly hound extending from the easterly bound of Columbia Street, so called to
the easterly bound of said premises described In said Volume 3474, Page 36.
The rights, privileges and easements hereby conveyed for utility purposes are as
follwe: To enter upon the premises hereinbefore described with m and conveyances
e
and all necessary tools and machinery, to lay, construct, maintain, operate, repel[
and remove, with respect to said passageway and said 12 foot strip, lines consisting
of underground wires, cables, conduits, ducts, and other apparatus used or useful for
the transmission of electricity beneath the surface of said passageway and said
12 foot strip, and to enter upon said premises at any time for the hereinbefore
described purposes; to keep said passageway and said 12 foot strip cleared by any
lawful means of trees, undergrowth and all other obstructions.
Also granting the right to place the necessary aboveground padmount transformers
and electrical device with their necessary wires, cablesconduits, ductand
fixtures, attached thereto, within said strip; with the right to transmit electricity
through onid wires, cables, conduits, ducts, pedmount transformers, and electrical
devices. Further granting to said Bangor Hydro -Electric Company the right to place
and erect signs indicating the approximate location of said underground conductors
and conduits.
Further conveying the rights to extend underground services to facilities as now
located or to be located northerly, southerly and easterly from said strip and
northerly, easterly and westerly it= Haid passageway.
Partner granting to said Bangor Hydro -Electric Company the right to establish any
and all safety regulations which said Company, In its sole discretion, deems necessary
and proper for the construction and maintenance of said lines, conduits, conductors
and apparatus and for the transmission of electricity: any interference or violation
by said Crantor, its heirs. administrators, a 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 is subject to the Grantee's agreement and covenant to promptly
restore the surface of the Grantor's land to its prior condition after a excavation
r disturbanceo said surface in connection with the exercise of the rights
privileges and easements herein granted, such restoration to he limited to regrading,
regroea-seeding, and r asphalting of @aid surface.
The Grantor for itself, and its a and assign, covenants and agrees to
and with the Grantee, Its andcassigns, that it will not erect o maintain
nthe successors r i
any Building o other structure, or karma[ the erection o maintenance of any
buithe ding
o scrim above-described passage, of any kind a nature, upon or xceptiM1 of surface of
the epassageway and 12 rip[in such
a ma the exception of the puking
the exercise
se be erected ted esahin said strip in such a not to interfere with
pea a mise of the materiel, of any kind
redia cumulate will not piece,
pewit o passu any materiel, of any kind o nature, to a inions o e Gr removed
from said passageway
assig and said 12 foot strip{ which
ere 1n h the inionexert se the tremae,. its
and assigns eased endanger
re or interfere with the exercise of any of the
rights, noprlvl bene and easements hereby conveyed.
FAle, conveying to said Bangor Hydro -Electric Company, its successors and
aanigns, theright, privilege and easement to construct, maintain and operate a line
of poles and wires with their fixtures and supporta on a temporary basis in such a
maner e to provide electric service to the facilities located on the promisee In
the event t e
e ent a fault occurs in the underground system during a period of time, when it
may be difficult orimpossible, due to weather conditions, ground conditions or
otherwise, to repair such underground system{ said line of poles and vires to be
dismantled by said Bangor Hydra -Electric gmtpany when such fault Secorrected; and to
transmit electricity and voice over sold wires and apparatus, and to clear and
dispose of interfering trees and other growth from time to time, with permission to
enter upon the said lends for the above purposes.
TO SAVE AND TO HOLD the said tights, privileges and easements to said Bangor
Hydra-Electrid Company its successors and designs forever.
IN NINE55 NREEPAP. the' said Adams -Pickering Associates. a Maine Limited
partnership ban caused MIs iustrume[e[Sov a exec te, abenerDonald
saidCohen.
Adams -Picks ing
ent
u1 1912 Associates velopmen[ rp r
Associates this /1 day of A.D. 1984'
Signed, Sealed. and Delivered pdome-Pickering Associates.
in the presence of - a Maine Limited Partnership
By: 1912 Associates Development
/\/�CCJ/Jr,l`/ppoyration. its General
By. said T. cal an�
Its President
7oN.Pa,O r. (•e.ppEN
STATE OF MAINE q
County of Penobscot, as. i14 Z�.... , 1984.
Personally appeared the above-named Donald T. Cohen, President of the said 1912
Associates Development Corporation, Cenral Partner of the said Adame-Pickering
Associates, a Maine limited partnership, and acknowledged the foregoing instrument to
be big free act and deed in his said capacity, and the free act and deed of said
limited partnership.
Before me,
$tics n the sees
/ Netery'Publit ser Cdm�
Type or prim o son taking
acknowledgemente; or meth
Gr/m%