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HomeMy WebLinkAbout1981-09-14 81-259 RESOLVEMTLE.)�iESDIbB4 atc.,rizlag..9lty Mmagei_to, kker,sta.xn..'tisaent *a..Gxnctiug. of Pole Li .. F.,a„s,ements to The_Bepgor Hydro Electric C®pppy.... ............. ....... _.._.._. 1 By My ofWCity ofBasmo.- BBBOLVBD, THAT the City Manager is hereby authorized on behalf of the City a Bangor to execute m "ASSER'T TO GEAHTIEG OF POLE LIKE =10=9” to the Somber Hydro -Electric Company, a copy oP Much is on Pile in the office of the City Clerk. STATEMENT of FACT: This m tent is forHancock mm Street onYwhicb, the Cit eof co at " THE a mortga" housing development on Hancock Street ou which the City of Hangoaholde e mortgage. 81-259 IntrNaced by Councilor Haldxci, September 14, 1981 _ CITY OF BANGOR MTLE.)�iESDIbB4 atc.,rizlag..9lty Mmagei_to, kker,sta.xn..'tisaent *a..Gxnctiug. of Pole Li .. F.,a„s,ements to The_Bepgor Hydro Electric C®pppy.... ............. ....... _.._.._. 1 By My ofWCity ofBasmo.- BBBOLVBD, THAT the City Manager is hereby authorized on behalf of the City a Bangor to execute m "ASSER'T TO GEAHTIEG OF POLE LIKE =10=9” to the Somber Hydro -Electric Company, a copy oP Much is on Pile in the office of the City Clerk. STATEMENT of FACT: This m tent is forHancock mm Street onYwhicb, the Cit eof co at " THE a mortga" housing development on Hancock Street ou which the City of Hangoaholde e mortgage. tm city Smmen Sept.l.a1981 Passed 91-259 nES0L V 81 6uthorining ty ager so u ssste an StY _g 110 n6 �tunAQJg H , y� _ Assent to t ma L a easements t Cit to th is Company CICI iYF CLERK g1-259 ASSENT TO GRAWFING CF POLE LINE EASEMENTS KNOW ALL MEN BY THESE PRIBETT5, not CITY of &WGOR s corporation organized according to lav and having an established place of business at Senor Maine , is the owner and bolder of a mortgage which constitutes a lien against certain real estate located at Bangor !kine, described in a mortgage deed dated October 9 , 1980 recorded in the Registry of Deeds for Penobscot _County, Maine, in Vol. 3128 , page 142 to which reference may be bad for a statement of the terms and conditions of said mortgage and a description of the mortgaged premises, both being incorporated herein by reference with the same effect as if fully set forth herein; that the Grantor (a) in said mortgage deed C a S TERBACE AssOCIATgS, a Mains timiced - Partnership, having a place of Business at Swampscott, Naeeaab�setts _ or nwho by deed dated c A t 3 19 81__ conveyed to BANGOR HYDRO- ELECTRIC COgRANY, a Raine corporation organized according to law and basing an established place Of business at Danger, Maine, certain rights, privileges and asements 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 the rights, privileges and ea ementB s veyed; that for valuable consideration to e it paid, the receipt whereof is hereby acknowledged, the undersigned, owner and holder of said mortgage, does hereby assent to the granting as aforesaid of said rights, privileges and easements and to the exercise thereof by said Bangor Hydrn- Electric company, its successors and assigns forever, free froa the lien and Operation Of the aforesaid acrtgage. IN WITNESS WHEREOF, said City of Bangor has caused this Assent to beexecuted and its corporate seal to be affixed hereto by its dulydaaVthosized rept 8endativeS:Rtmb 11� John W. Flynn, its City Manager, this -, A.D. 1951 Signed, sealed and delivered in the presence Of CITY OF BANGOR RXI STATE OF MAINE COnnty Of Penobscot s September 19 gl 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, Attorney at law KNOW ALL RAN BY THESE PRESENTS, that G 6 S TERRACE ASSOCIATES, a Maine limited partnership with its principal place of business in the City of Swampscott, County of Essex, Commonwealth of Massachusetts, In consideration of One Dollar OU and other valuable considerations paid to the undersigned by MAYOR RYBRO-ELECTRIC CCVPAW, a Maineorporation having its legal location and principal place of business at Ba 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 e and assigns forever, the relaxants hereinafter set forth which e o be exercised upon re s and with respect to So much Of a strip of land 20 feet wide for i entire length as lies within the bounds of the premises located at Bangor, County of Penobscot, State of Maine and described in Deed thereof free City of Bangor, dated September 24, 1980 and recorded at the Penobscot County Registry of Deeds in Book 3123, Page 20, to which refer y be had, and further described as being the premises identified as Parcel 11-1 0o aemy prepared by the City ofUngar Engineering Department entitled "Hancock - York NOT, Parcels H 1, R 1, A 2, A 3 and A 4" dated January 26, 19)] and last revised On September 24, 1980 and recorded in the Penobscot County Registry of Deeds in Map File D66-00{ the description of the premises conveyed by said Deed and all Deeds referred to therein being incorporated herein by reference thereto with the ad= affect if fully set forth herein, Said strip extends generally westerly fano point B to the easterly bound of Essex Street, as shown on a Plan entitled 'Utility Easement Across The Terraces Hancock-york NOP - Bangor, Me." dated July 15, 1981 and to be recorded herewith as exhibit A. The rights, privileged and easements hereby conveyed are as follows: to excavate, lay, bury, install, construct, maintain, operate, epair, 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, t s forme switching equipment,iprotective device and other apparatus; the right to clear and dispose of interfering treesandgrowth from time to time; and the right to enter upon said lands for the above purposes. Also conveying to said Bangor Hydro -Electric Company, its successors rs and assigns, the right, privilege and easement to construct, maintain and operatesaline of poles and wires with their fixtures and supports on a temporary basis in Such a mann er as to provide electric service to the facilities located on the premises in the event afault occurs In the underground system during a period of time when it may be difficult or impossible, due c weather conditions, ground conditions o otherwise, to repair such underground systemsaid line of poles and vires to be disrantled by said Bangor Hydro-8lectrle Company when such fault is corrected; and to transmit electricity and voice over said vires and apparatus,and to clear and dispose of interfering trees eM other growth from time to time, with permission to enter upon the said lands for the above purposes. TO HAVE AND TO HOU the said rights. privileges and a en to to said Bangor Hydro -Electric Company, its successors and assigns forever, m IN WITNESS WHEREOF the said C A 3 Terrace Aesacta tee, a Mine limited partnership, has caused this instrument to be executed by its duly aurhoa Mi a limited erste 3rd.0 day of August A.D. 1981.this Signed, Sealed and Delivered In the presence of G d g TERRACE p3SOC datnesa By' 60M, Its Cenevl Panne ..$g STATE OF MASSACHUSETTS County of P.d+� as: n . L O T• 1981. Personally appeared the abovecumed Warren Sawyer acknowledged Of foregoing instrument to be his free act and deetl, end the fr¢eand act and deed f said C 6 S Terrace Aeeacfe tee. Before m 4i64a—Za4 Notary Public eb Term exp4es June 18, 1987 /5�ngg THE TERRACES HN,C,N,- nv N -9N uca ,M¢. M.o 111,VI.na 6 ate. ao' "", e......,. ne.... /5�ngg THE TERRACES HN,C,N,- nv N -9N uca ,M¢. M.o 111,VI.na