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HomeMy WebLinkAbout1964-01-27 41-R ORDER7I —l( Introduced by Councilor '.af , 1a,i 1t1i1y :,✓1 CITY OF BANGOR (TITLE.) (@rkr0ze.... ... lx Unp Ere tnt National liscuit co -nava jJiler Streat. By the City Cowwid of the City ofBaewr. ORDERED, THAT the City Treasurer be and he hereby is aathoriaed to execute a deed on behalf of the City of Bangor in order to grant an eas rent by National Biscuit Codraw as a location for the purpose of constructing and operating a railroad sidetrack within the limits of Miller Street co -called, at such location described in and in the Perm of deed attached hereto and made a part of this order. IN CITY COUNCIL Jan. 27, 1964 The ordinance requiring the filing of spew order was suspended by the fell being yes and novotes Councilors voting yes: Bailey, Barry, Brountas, Conti, Dinsmore, Higgins, Houston, Hughes, Ra Nett. Referred to Public Works Com- mittee and City Engineer, tabled. M7 W 41-R ORDER Title, ..4gqutin9, Fasa nt - National Biscuit ................. Co. - Miller St. ....................... Introduced and filed by A....4.://�... Councilman IN CITY COUNCIL Feb. 10, 1964 Taken from table, amended by deleting the word "by" in the god sentence and substitu- tine therefor the word "to"; also, at the end of the first paragraph in the easement after "Station 3 + 24" atltl the followings "being at a point located 2.80 feet north of the southerly right-of-way line of Miller Street and approximately 55 feet east of the easterly right-of-way line of Hildreth Street." Also, after the 5th paragraph atltl the fell owingt new paragraph: "This c nveya,Ms is granted subject to the obligation of the grantee herein to repair and maintain that portion of Miller Street as may be contained in the boundaries of the spur tract location hereinabove described. - PASS SO 41-R - 2 K N O 6 ALL MEN BY ( H E S E PR E S E n T S. THAT City of Bangor, a bldy politic and corporate situate In the county of P enobscot, State 0f Maine, in consideration of One collar and other valuable considerations, paid by National Biscuit Coonan, a corporation duly organized and existing under and by virtue of the laws of the State of New Jersey, having a place of business in New Yorks County of New York, State of New York, the receipt whereof is hereby acknowledged, do hereby remise, release, sell and forever quit -claim unto the said National Biscuit Company, its successors and assigns, An easement over and across a dertain lot or parcel 0f land 1n Bangor, County of Penobscot, State of Maine, as a location for the purpose Of construction, maintenance and operation of a railroad sidetrack and operation of railroad equipment thereon; said land being further described as follows% The base line of the location begins at a point on the base line of the location of a branch track of the Maine Central Railroad Company in the City of Bangor as described in a conveyance from Bangor Real Estate Development Company to Maine Central Railroad Company dated June 25, 1946, and recorded in Penobscot Registry of Deeds, Book 12x6, page 472, and approved by the Public Utilities Commission in Its order dated September 26, 1946, R. R. 92857, at Station 32 + 53.85, which point is also 0 + 30 of this description; thence S no -46-W to a point o at Station 0 + 90; thence on a 15 degree curve to the left to Station 1 + 34; thence S 690-10-W to Station I + 8p; thence So a 15 degree curve to the right to Station 2 + 7q thence S 820-55111 to Station 3 + 24, being at a point located 2.60 feet north of the southerly right-of-way line of Miller Street and approximately 55 feet east of the easterly right-of-way line of Hibibeth Street. All courses are based on true meridian. The width of Said location is twelve (12) feet; being six (6) feet o either side of the above described base line. All prior rights of the Maine Central Railroad Company in and to any portion of the land covered by this location are excepted herefrom. The purpose of this deed is to grant the consent ent of the City of Bangor to permit the u of the above described premises for the purposes herein set forth within the bounty of Miller Street, so-called, which has been accepted as a public way. This conveyance is granted subject to the obligation of the grantee herein to repair and maintain that portion of Miller Street as may be con- tained in the bour4aries of the spur track location hereinabove described. TO HAVE AND TO VELD the above released easement with all the privileges and appurtenances thereof, to the said National Biscuit Company, its successors and 41-R - 3 assigns forever. IN WITNESS WHEREOF, the said City of Banger has hereunto affixed its eorporate name and seal by Ralph L. Weymouth, its Treasurer duly authorized this day of , in the year of our Ls. -d one thousand nine hundred and sixty-four. Signed, Sealed and Delivered in the presence of: STATE 7 MAINE CITY OF BANGOR BY Treasurer County of Penobscot, as. A.D., 1964. Men personally appeared the above named Ralph L. Waymouth, in his said capacity, and acknowledged the above instrument to be his free act and deed, and the free act and deed of said City of Ranger. Before me, Justice of the Peace 0&,� Minutes of the Public Works Committee Meeting February 4, 1964 The meeting convened at 11:00 a. in with Chairman Higgins and Councilors Houston and Hughes present as well as the City Manager and the City Engineer. Item I. Order 40-R - Bunker Subdivision This order was referred to the Public Wir ka Committee until such time as the $I,ZoO Performance Bond was received. The City Manager informed the Committee that Mr. Hunter's bond bad been submitted and the Committee voted unanimously to recommend passaged the order. There will also be another order prepared to instruct the City Engineer to lay out the street. Item Il. Order 41-R - Easement for Sour Track to National Biscuit Co. The Committee discussed this matter at some length and suggested two amendments. In the body of the order itself, the last word of the second line should be a ended by striking out the word "by" and inserting therefore the word "to"m In the body of the agreement after the fifth paragraph the following w paragraph should be inserted, "Thio conveyance is granted subject to the obligation of the grantee herein to repair and maintain that portion of Miller Street as may be contained in the boundaries of the spur track 1 location he de a cribed." / The City Engineer also indicated that he bad net as yet received any plan d this from Prentiss & Carlisle and the Committee voted to recomend passage d the order as amended provided that a plan satisfactory to the City Engineer was received. The meeting adjourned at 11:50 a.m. CITY OF BANGOR, MAINE Engineering Department February 7, 1964 To: Joseph R. Coupal, Jr., City Manager Subject: Spur Track Easement to National Biscuit Company lot on Hildreth Street. Forwarded herewith for your information is a sketch showing the proposed spur track to the National Biscuit Company lot on Miller Street. A request for an easement for said spar track has been Introduced to the City Council by City Council Order #41-R. It is considered necessary that the easement be described in relation to the sideline of Miller Street, and it is recommended that Council Order #41-R be revised as follows: On page 41-R-2 at the end of the base line description I Station 3 + 2poi thence the period to a comma and add ering at a point located 2,80 Miller S north of the southerly right-of-way 11ae of Miller Street and approximately th Stet teat of the easterly right-of-way line of Alldreth Strutt," The enclosed sketch was traced from a plan prepared by Prentiss & Carlisle Company, Inc, and shows only the portion of track adjacent to the National Biscuit Company lot. The pro- posed track begins on the main spur, as indicated on the sketch, at a point 346 feet east of the easterly line of Hlldreth Street. The Maine Central Railroad is forwarding a plan which shows the complete layout, but said plan has not yet been received by this office. It Is, however, felt that the enclosed sketch clarifies the track location to the extent that the requested easement may be granted. Respectfully submitted, John I. Frawley \ City 9aelnser JTF:ns Ent. -.._... Eryi;mwmq tAr3nrMr r1 .} C ----------- __. _ .___.________ - - - ------- 1 � �1 xaz NII ; 0 9 1'0 C aT'3rA2t71 (J� 2.97F' F U I 3FN Z'so ro A,' U IU n IV I I➢ 1 ro rl 1 9 H I L D R E T H STREET