HomeMy WebLinkAbout2022-07-25 22-260 OrderCITY COUNCIL ACTION
Council Meeting Date:
Item No:
Responsible Dept:
Requested Action:
Summary
Committee Action
Meeting Date:
For: Against:
City Manager City Solicitor Finance Director
Map/Lot:
Introduced for:
Order
Committee:
Action:
Staff Comments & Approvals
Date:
Item No:
Assigned to Councilor:
EASEMENT
CITY OF BANGOR, a municipal corporation located in Bangor, County of Penobscot, State of Maine,
(the "Grantor"), being the owner in fee simple of certain lands located in the City of Bangor, County of
Penobscot, State of Maine, and described as follows:
Being the premises described as "Down East School' as conveyed by United States of
America to the Grantor herein by deed dated October 8, 1970 and recorded in the Penobscot
County Registry of Deeds in Book 2199, Page 371. The premises being further identified as
Lot 010 on City of Bangor Tax Map R14;
for consideration paid, grants to VERSANT POWER, a Maine corporation having a place of business at
970 Illinois Avenue, Bangor, Maine, (the "Grantee"), its successors and assigns forever, the following rights,
privileges and easements to be exercised upon and with respect to so much of a strip of land 20 feet in width
for its entire length as lies within the aforesaid lands. Said strip being shown on Exhibit "A", attached hereto
and made a part hereof.
The right to enter upon said lands with workers and vehicles and all necessary tools and machinery;
the right to excavate, lay, bury, install, construct, maintain, operate, repair, rebuild, and remove underground
wires, cables, conduits, ducts, transformers, foundations, switching equipment, protective and safety devices,
manholes, bollards, and other apparatus used or useful for the transmission of electricity, as the Grantee
herein may from time to time desire, upon and/or beneath the surface of the earth; the right to transmit
electricity and intelligence over, through and by said wires, cables, conduits, ducts, transformers,
foundations, switching equipment, protective and safety devices, manholes and other apparatus; and the right
to keep said strip cleared by any lawful means of trees, undergrowth and all other obstructions.
The right to place the necessary aboveground padmount transformers and electrical devices, with
their necessary wires, cables, conduits, ducts, and fixtures, attached thereto, within the aforementioned strip;
with the right to transmit electricity and intelligence over, through and by said wires, cables, conduits, ducts,
fixtures, padmount transformers, and electrical devices.
The right to extend underground lines from said strip to facilities and buildings as now located or to
be located on said premises.
The rights, privileges and easements to construct, maintain and operate a line of poles and wires with
their fixtures and supports, on a temporary basis, on said lands in such a manner as to provide electric service
to facilities and buildings being served by the herein described underground system in the event a fault
occurs in the underground system during a period of time when it may be difficult or impossible, due to
weather conditions, ground conditions or otherwise, to repair such underground system; said line of poles
and wires to be dismantled by Grantee when such fault is corrected; and to transmit electricity and
intelligence over said wires and apparatus and to clear and dispose of interfering trees and other growth from
time to time.
Also conveying the rights, privileges and easements to construct, maintain, operate and upgrade from
time to time on said lands, for utility purposes, a line consisting of poles, anchors and wires with the
necessary fixtures and supports, beginning at the northeasterly sideline of Dirigo Drive at its intersection
with Blue Hill West; thence extending northeasterly on the aforesaid premises, over and across an open space
to the generally easterly side of an access road on the easterly side of the present school building; thence
extending northeasterly and northwesterly, by and along the easterly side of said access road, a total distance
of approximately 660 feet to the final pole location, said pole being located within the 20 foot wide strip
shown on the aforesaid Exhibit A; with the right to extend lines from the said line, either overhead or
underground, to sites on the said premises as customers may request service; with the right to transmit
electricity and intelligence over said line, and to clear and dispose of interfering trees and other growth from
time to time.
The Grantor for itself and its successors and assigns, covenants and agrees to and with the Grantee,
its successors and assigns, that it will not erect or maintain or permit the erection or maintenance of any
building, trailer, mobile home, swimming pool, or other structure, of any kind or nature, upon said strip or
within 15 feet of said line, 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.
Also conveying to Grantee, the right to establish any and all safety regulations which said Company,
in its sole discretion, deems necessary and proper for the transmission of electricity or intelligence, and for
the construction and maintenance of said poles, wires, anchors, cables, conduits, ducts, transformers,
foundations, switching equipment, protective and safety devices, manholes, and other apparatus used or
useful for the transmission of electricity; any interference or violation by said Grantor its successors and
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.
This conveyance is subject to the Grantee's agreement and covenant to promptly restore the surface
of the Grantor's land to its prior conditions after an excavation or disturbance to said surface in connection
with the exercise of the rights, privileges and easements herein granted, such restoration to be limited to
regrading, regrass-seeding, and reasphalting of said surface.
Also specifically conveying to the Grantee, its successors and assigns, the right to assign to others, in
whole or in part, any or all of the rights, privileges and easements herein conveyed.
IN WITNESS WHEREOF, the City of Bangor has caused this instrument to be executed by its duly
authorized representative this day of 12022.
STATE OF MAINE
County of Penobscot ss:
CITY OF BANGOR
Debbie Laurie, City Manager
2022
Personally appeared the above -named Debbie Laurie and acknowledged the foregoing instrument to
be her free act and deed, in her aforesaid capacity, and the free act and deed of City.
Before me,
Print Name of Notary:
Notary Public
EXHIBIT A
UNDERGROUND ELECTRICAL EASEMENT
FOR
VERSANT POWER
GRID NORTH
MAINE STATE COORDINATE SYSTEM 1983
EAST ZONE
N 427802.5219
E 901281.3343 N 83-29907» E 40.00 N
BURIED O0
56 CONDUITS (A C)
N p C
6E p (f! �
-psW
�\N O W TRANSFORMER POLE
rn
® s AD ,
SCHOOL � S 83°29'07's W 40.00 N 427787.1893
BUILDING E 901323.3452
20' WIDE EASEMENT AREA
CITY OF BANGOR
BOOK 2199 PAGE 371
CERTIFICATION
I HEREBY CERTIFY THAT AS OF JULY 11, 2022 THE
UNDERGROUND CONDUITS WHICH WILL BE USED TO PROVIDE
SERVICE TO THE PARCEL SHOWN ARE LOCATED WITHIN THE
EASEMENT AREA SHOWN ON THIS PLAN.
ALAN R. PERRY, PLS 2194
E
20 D 10 20 40
( IN FEET )
1 inch = 20 ft.
ALAN
R.
*` PERRY
2194
ALAN R. PERRY PIS 2194
20 SHORE LANE ETNA ME. 04434
(207) 269-2971 (207) 942-6909
PROD. NO. 8914
BILL OF SALE
CITY OF BANGOR, a municipal corporation located in Penobscot County, Maine,
being the owner of certain goods and chattels described below and being located in the City of
Bangor, County of Penobscot, State of Maine, for consideration given, by VERSANT POWER,
a Maine corporation having a place of business at 970 Illinois Avenue, Bangor, County of
Penobscot, State of Maine, the receipt whereof is hereby acknowledged, does hereby grant, sell,
convey, transfer and deliver, unto the said Versant Power, the following described goods and
chattels, namely:
Underground electric utility lines consisting of duct banks with associated foundations
and conduits and other fixtures at Down East School in Bangor, Maine and located within
the easement area shown on Exhibit A attached hereto.
And it does hereby covenant with the said Versant Power that it is the lawful owner of
the said goods and chattels; that they are free from all encumbrances, that it has good right to sell
the same as aforesaid; and that it will warrant and defend the same unto it the said Versant
Power, its successors or assigns, against the lawful claims and demands of all persons.
IN WITNESS WHEREOF, the City of Bangor has caused this instrument to be executed
by its duly authorized representative this day of 2022.
Witness: CITY OF BANGOR
Debbie Laurie, City Manager
IN CITY COUNCIL
JULY 25, 2022
CO 22-260
Passed
CITY CLERK