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.
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