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HomeMy WebLinkAbout2019-11-13 20-012 Order 11/13/2019 11/13/2019 Engineering Order 043-040-C Title, Order Granting Easement to Emera Maine - Bangor Waterfront - 1 Railroad Street This Order would grant Emera Maine an easement for the purpose of operating and maintaining additional buried 3 phase power service to the waterfront parcel in the vicinity of the intersection of Railroad Street and Main Street. If approved, Emera Maine will have access to operate, maintain, and upgrade from time to time buried conduit and an electric transformer within a 20 foot wide easement area as depicted in "Exhibit A". A copy of the easement and location map are attached. This item meets the council's goal to improve economic vitality to support arts, culture, and entertainment on the waterfront. Infrastructure Committee 11/04/2019 Recommend for passage 50 Consent 11/13/2019 CITY OF BANGOR ORDER 11/13/2019 20-012 Fournier Granting Easement to Emera Maine - Bangor Waterfront - 1 Railroad Street Whereas, Emera Maine seeks to upgrade power on the Bangor Waterfront. Be it Ordered by the City Council of the City of Bangor that, the City Manager is hereby authorized and directed to execute an easement to Emera Maine for the purpose of accessing, operating, and maintaining an electric transformer and underground conduit to provide additional 3 phase power to the Bangor Waterfront. 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Reference is made to an existing 20 foot wide electrical easement strip described in an easement deed conveyed by City of Bangor to Bangor Hydro Electric Company dated March 4, 2013 and recorded at said Registry in Book 13160, Page 75. The strip referred to in the aforesaid easement deed being shown on a survey plan entitled, "As Built Site and Electrical Easement Plan, Bangor Waterfront, 370 Main Street Bangor, Maine", by Down to Earth Professional Land Services, Inc. dated February 16, 2013, and recorded at said Registry of Deeds in Map File 2013-7; for consideration paid, grants to EMERA MAINE, a Maine corporation having a place of business at 970 Illinois Avenue, Bangor, Maine, (the "Grantee"), its successors and assigns forever, the following rights, privileges and easements to be exercised upon and with respect to so much of a strip of land 20 feet in width and 40 feet, more or less, in length extending southerly from the southerly bound of the aforementioned strip shown in Map File 2013-7 at an existing "Transformer Base" located 15 feet, more or less, southerly from Main Street and 100 feet, more or less, westerly from Railroad Street. The 20 foot wide strip is located essentially as depicted on the Exhibit A sketch attached hereto, which sketch has been drawn on a portion of the survey plan recorded in Map File 2013-7. The centerline of the strip shall be the centerline of the conduits and transformer base as installed and the strip shall extend southerly 10 feet from the southerly side of the transformer base as installed. The right to enter upon said lands with workers and vehicles and all necessary tools and machinery; the right to excavate, lay, bury, install, construct, maintain, operate, repair, rebuild, and remove underground wires, cables, conduits, ducts, transformers, foundations, switching equipment, protective and safety devices, manholes, and other apparatus used or useful for the transmission of electricity within the said strip, 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, foundations, 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. The right to extend underground lines from said strip to facilities and buildings as now located or to be located on said premises. 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 Grantee when such fault is corrected; and to transmit electricity and intelligence over said wires and apparatus, and to cleat- 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 or nature, upon said strip, any or all of which in the opinion of the Grantee, its successors and assigns, would endanger or interfere with the exercise of any of the rights, privileges and easements hereby conveyed. Also conveying to Grantee, 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, foundations, 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, 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 conditions 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. IN WITNESS WHEREOF, the City of Bangor has caused this instrument to be executed by its duly authorized representative this day of 2019. CITY OF BANGOR By: Print Name: Its: STATE OF MAINE County of Penobscot ss: , 2019 Personally appeared the above-named and acknowledged the foregoing instrument to be his/her free act and deed, in his/her aforesaid capacity, and the free act and deed of the City of Bangor. Before me, Print Name of Notary: Notary Public CITY OF BANGOR JOHN THERIAULT PE, M'OE CITY ENGINEER From: Engineering Department, John Theriaul late: October 31, 2019 Emera Maine is requesting that the City of Bangor provide them with a utility easement at the Bangor Waterfront near the corner of Main Street and Railroad Street. As part of the Railroad Street Regulator project being completed by S.E. MacMillan, the City installed new 3 phase primary underground power to better service current and future activities at the waterfront. In order to maintain this new service, Emera needs an additional 20' wide easement from the City of Bangor. A draft copy of the documents has been included with this memo. i� PON 1111 am 73 HARLOW STREET BANGOR, ME 04401 TELEPHONE: (207) 992-4250 FAX: (207) 992-4194 WWW. BANG OPMAI N E.GOV IN CITY COUNCIL NOVEMBER 25,2019 CO 20-012 PASSED CITYLERK