HomeMy WebLinkAbout1968-12-23 47-W ORDERIntroduced by Councilor Houston, Dec. 23, 1968
CITY OF BANGOR
(TITLE.) (PrUrt-._.That the City S nsger be and Is hgaeby authorized to .......
execute Assent to Granting of Easements.
By the City Counail of the City of Bangor:
ORDERED,
THAT the City Manager be and is hereby autborived to execute
the attached Assent to Granting of Easements for and on behalf
of the City of Bangor, and deliver the same to the Bangor Hydro -
Electric Co. or its Attorney, Albert Cook Blanchard.
ITEC :1 fA 2.I4
CITY CLEWS PffICE
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IN CITY COUNCIL
Dec. 23, 1968
PASSED
CITV
ORDER
Title,
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authorized. to. executz APaAM to. Prano.
ing of Easements.
Introduced and filed by
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Couneilna
ASSENT TO GRANTINC. OF EASEMENTS
WHEREAS, the CITY Or BANGOR, aicipal corporation located in the
County of Penobscot, State of Maine, mis the owner of certain easements
exercisable by it upon the premises at Bangor, Maine conveyed to Penobscot
Plaza Development Corporation by Urban Renewal Authority of the City of
Bangor by deed dated July 9, 1968, recorded at Penobscot County Registry
of Deeds in Vol. 2135, Page 448, to which deed and the recording thereof
reference may be had for a description of the premises servient to the
excise of said easements and for a statement of the easements so can-
veyed', and
WHEREAS, by virtue of said conveyance said City of Bangor has the
right to enter upon the premises sdsnveyed and to construct and
e
maintain thereon a Public sewer under And along the approximate location
therefor shown on a certain plan recorded at said Registry of Deeds in
Plan Book 25, Page 41, to which reference may be Yad, and
W1 AS, by Its deed of easements datedOctober 30 , 1969
said Penobscot Plaza Development Corporation c veyed to MGM HYDRo-
EWCTRIC CWANY, a Main corporation having its principal place of
Business at said Bangor, certain rights, privileges and easements relating
to the laying, maintenance and operation of An underground conduit o
cable and the location on said premises of certain fixtures and apparatus
to be used in connection with said underground installation in supplying
its electric service at and on the aforesaid premises which deed of
easements is to be recorded at said Registry of Deeds substantially can -
currently
herewith ane to which reference may be had for a statement of
the rights, privileges and easements so conveyed, the description thereof
as therein contained being incorporated herein by reference thereto with
the same effect as if fully set forth herein, and
WHEREAS, a portion of said underground installation sill extend
southerly from the southerly Line of Washington Street at said Bangor
across the location for the aforesaid public sewer of said City of Bangor
and thence continue on the course therefor shown In the aforesaid deed of
easements from said Penobscot Plaza Development Ccrporation to said Bangor
Hydra -Electric Company, and
WHEREAS, in the considered judgment of the Grantor herein the exercise
by said Bangor Hydro -Electric Company, its successors and assigns forever,
of its aforesaid rights, privileges ard easements will not adversely affect
the exercise by said City of Bsrgor of its aforesaid sewage easements,
NOW THEREFOEE, BNW ALL MEN BY THESE PRESENTS, that said City of Bangor,
for valuable consideration to it paid by said Bangor Hydro -Electric Company,
the receipt whereof is hereby acknowledged, does hereby assent to the.
Venting of the rights, privileges and easements conveyed to said Bangor
Hydro -Electric Company by said Penobscot Plaza Development Corporation soul
to the exercise thereof by said Bangor Hydro -Electric Company, its success -
are and assigns forever, In such purpose
not to interfere with the c -
struction ane maintenance by said City of Bangor of a public sewer under
Mid along the location therefor shown on said plat.
As part of the consideration far this Assent said Bangor Hydro -
Electric Company, for itself, its successors and assigns, hereby covenants
and agrees with said City of Baogoem, sits successors and assigns, that if
After the Installation of its underground apperafts it becomes necessary
for Bangor Hydro -Electric Company to excavate any portion of the aforesaid
sever location for the purpose of maintaining, operating, removing o
re"irirg @aid uMergrourd apparatus, it will perform such work in agood
WAS Mtlnenllke manner without injury to or damage of said public asset,
" Will restore the surface of the sewage site to substantially as goa
A cmdition As the same was Immediately prior to the start of the work.
IN WITNESS N OP, said City of Bangor has caused this Assent to be
Signed, sealed and delivered
in the presence of
CITY OF BAVGIX
By:
STATE OF MAINE
Penobscot, as. $ 14M14.
Personally appeared the above-named
and aeknaeledged the foregoing to be hie roe act and deed and the free
act and deed of said City of Bangor.
Before se.
Justice of the Peace
Notary Public