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Home My WebLink About1981-04-13 81-138 RESOLVEoY a. pole Line Casement to The.B.sngor 1[Nlx�:.'F'aiFSrlg-,,Qo A ........... _...... By Uw aNL Vnt altiw aty ofBanyor. B LVBD, THAT the City Maroger is hereby authorized on bexoir of the City cf�BaftpOr tp O=Mte an "AHBEMl W GAARPIIA OF PCM S,II 849E6@E3.9" to the Bangor Hyli'o-Electric Compagy, 6 Copy Of'Mich is M file in the office of`tbe City Clerk. STATEMENT CF FACT: This easement is for as underground electricsystem at "TBE TEBBAC6" housing daae10 t ou Henoch Street on Mich the City of Bangor lo]ds a mortgage. 81-138 Introduced by Councilor Saacy, April 13, 1981 CITY OF BANGOR (TITLE) - ¢SOIUCa Authorizing_ City Manager _to_Ex cute An Assort to a.. Granting oY a. pole Line Casement to The.B.sngor 1[Nlx�:.'F'aiFSrlg-,,Qo A ........... _...... By Uw aNL Vnt altiw aty ofBanyor. B LVBD, THAT the City Maroger is hereby authorized on bexoir of the City cf�BaftpOr tp O=Mte an "AHBEMl W GAARPIIA OF PCM S,II 849E6@E3.9" to the Bangor Hyli'o-Electric Compagy, 6 Copy Of'Mich is M file in the office of`tbe City Clerk. STATEMENT CF FACT: This easement is for as underground electricsystem at "TBE TEBBAC6" housing daae10 t ou Henoch Street on Mich the City of Bangor lo]ds a mortgage. L City Cean¢41 April 13v1911 81-336 passed V the r lleaing les and p ¢ s o t v e +�1 APR -9 AIO 27 A setae Wes 1 M lAD tained p ti% Pea Uld a eronnpaev . / ze R rennvporie weyGauthjWaodv Clir p1' I. AbstAg-sVoting Mo Gass, 1, CITY CLERK " Abetafd'd-dead Aattorising City Manager to denote �as Assent to a Granting of a Pole Line '�-'�'aea 1 F .a.� . Aavaoent to the linear xydro Electric GA. y i 81-138 ASSENT W GRANTING GP POLE LINE EASEMENTS KNOW ALL MEN BY THESE PEiEN18, That CITY OF HANGAR e corporation organized according t0 law and having an established place of business at Banger, Maine , is the Owner and holder of a mortgage whicb constitutes e lien against certain real estate located at Bangor Maine, described in a mortgage deed dated October 9 , 19 90 recorded in the Registry of Deeds for Penobscot _Ccunty, Mine, in Vol. 3148 , Page 142 W which reference may be had for a otateoent of the terms and conditions of said mortgage and a description of the mortgaged premises, both being incorporated herein by reference with the s effect as if fully set forth herein{ that the Grantor (a) in said mortgage deed c 6 S TERMCE ASSOCIAT¢s. a Maine Iimttaa partnership, havin . place ofbusiness at smampacont, Massachusetts _ of,who by deed dated ]NARCn 31 , 19 81 , conveed W BANGOR RYDRO- EIXTRIC CONTA , a Fein corporation organized according to law and having an established place of business at Bangor, Maine, certain rights, privileges and easements therein fully set forth, which deed is r carded Or is W be recorded at said Registry of needs and to which reference is mode for a statement Of the rights, privileges and ea events so conveyed; that for valuable consideration to it paid, the receipt whereof is hereby acknowledged, the undersigned, most and holder ef,sald mortgage, does hereby assent to the granting as aforesaid of said rights, privileges and easements and to the exercise thereof by said Bangor Eydrn- Electric Company, its s and assigns forever, free from the lien and Operation of the.aforesaidemortgage. IN WITNESS WBERENF, said City of Berger has caused this Assent to be executed and its corporate seal be be affix hereto by its duly deutho£ized representative, John W. Flyre, its City hanager, - ae 19 81 Signed, sealed and delivered in the presence of CITY OF BBNGOR By eY reger STATE mF MAINS County Of Penobscot , s. April , 19 81. Personally appeared:the above named John W. Flynn _ and acknowledged the foregoing instrument to be his free act and deed, and the free act and deed of the corporation above-named. Before me, Justice Of the Peace ' Notary Public KNEW ALL NEN BY THESE PRESENTS, that G 6 8 TERRACE ASSOCIATES, a Maine limited partnership with its principal place of business in the City of Swampscott, County of Essex, Commonwealth of Hassachuset[s, in consideration of One Dollar ($1) and other valuable considerations paid to the undersigned by BANGOR HYDRO -ELECTRIC COHPANY, a ,Mine corporation having its legal location and principal place of business at Bangor, County of Penobscot, State of Maine, the receipt whereof in hereby acknowledged, does hereby give, grant, sell and convey to said deeper Hydro -Electric Company, its e e and assigns forever, the easements hereinafter set forth which a x o be exercised upon s and with respect to so much of a strip of land 20 feet wide for its entire length as lief within the bounds of the premises located at Bangor, County of Penobscot, State of Maine and described in Deed [hereof from City of Bangor, dated September 24, 1980 and recorded at the Penobscot County Registry of Deeds in Book 3133, Page 20, to which reference may be had, and further described as being the premises Identified as Parcel H-1 on a plan prepared by the City of Bangor Engineering Department entitled "Hancock -York NDP, Parcels 11 1, R 1, R 2, R 3 and R 4" dated January 26, 1977 and lase revised on September 24, 1980 and retarded in the Penobscot County Registry of Deeds in Map Pile 066-80; the description of the premises conveyed by said Beed and all Deeds referred t0 therein beim incorporated herein by reference thereto with the Sam effect me if fully set forth beret Said strip extends westerly and southwesterly from the southwesterly bound of Boyd Street and is shown on the attached plan marked "Ex. A" and made a part hereof, Merights, privileges and easements hereby conveyed are as follows: to excavate, lay, bury, install, construct, maintain, operate, repair, rebuild and remove underground cables, conduits, ducts, transformers, switching equipment, protective devices, manholes and other apparatus used or useful for the transmission of electricity, as the Grantee herein may from time to time desire, beneath the surface of the earth;the right to transmit electricity over, through and by said wires, Cables, conduits, ducts, trans- former switching equipment, protective devices and other apparatus; the right to clear and dispose of interfering trees and other growth from time to time; and the right to enter upon said lanae for the above purposes. Also conveying to said Bangor Hydro -Electric Company, its successors and assigns, the right, privilege and saent to construct, maintain and operate aline of pales and wires with their fixtures and supports a temporary baste in such a manner as o provic electric service to the facilities located on the premises in the event a fault Occurs in the underground system during a period of time when it may be difficult or impassible, due to weather conditions, ground conditions or otherwise, to repair such underground system; said line of poles and wires to be dismantled by said Bangor Hydro -Electric Compo when Such fault is corrected; and to transmit electricity and voice over said vires and apparatus, and to clear and dispose of interfering trees and other 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 the tight 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 poles, wires, cables, conduits, duce transformers, switching 0quipment, protective devices, manholes and apparatus, and for I, transmission of electricity or voice; any interference or violation by said Grantors, the successors or 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. Further conveying to Bangor Hydro-glectrie Company, its a and assigns, the aforesaid rights, privileges and easements upon and with respect to land between the aforesaid strip and the buildings in such ee as to provide electric service to said buildings from the bounds of said strip.'n 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. Me Grantors for themselves. and their successors and assigns, covenant and agree t and with the Grantee, its Successors and assigns. that they will noterect o intaln any building, trailer, mobileban&, o other structure, or permit the erection ur inte- eof any building, trailer, mobile home, or other Structure of any kind o nature upon said strip and within 10 feet of the services extending to the buildings from said [rip, 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. . TO HAVE AND TO BOLD the said rights, privileges and easements to said Bangor Hydro -Electric Company, its successors and assigns forever. IN WITNESS NBEREOP the said C 6 S 'Terrace Associates, a Maine limited partnership has caused this instrument to be executed by its duly authorised representative this 'S les day of W.bkaY A.D. 1981. signed, Sealed and Delivered in the presence /of C 6 S TERFgCB A880 LTES %//.OiIIA-K If,pJ/JAJ/Ab By: I / A L � / I are —+ Its General Partner STATE OF County of��as: !/p9 �,...L j/ /9.F 1981 Personally appeared the above-named WAdP.a,o udwyr„ and acknowledged the foregoing instrument to be 5;5 free act and dead, and the free act and deed of said G A S Terrace Associates. Before , Note" Public 'lw.t.+++/-Jx,/s✓ce..�/sa...t/f If d'y YORK O . b DA Ln. y� ntl Ory' p —a OL 4 aPT____Jn s4I'4aW 20' STRIP 1 y V DOA w'% dcs �9 Blab �B Q Ex- A T o TZAAAC! D YORK 4 MAU COCK SW. BNNbS M& UT/4/s E/JMmM r FOA O^U"Z MYD¢e 1'-50't MARCH Z4 I96I M. C. Foss 4 54" I NC. R/ITS /!LO WWW KAM"*IMS