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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%