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Home My WebLink About2022-11-28 23-022 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: 23-022 NOVEMBER 28. 2022 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 known as the "Bangor High School" lot as shown on City of Bangor Tax Map R40, Lot 10. Reference is made to two easements from the City of Bangor to Bangor Hydro -Electric Company dated July 8, 1963 and June 17, 2009 recorded at the aforesaid Registry of Deeds in Book 1905, Page 144 and Book 11881, Page 47, respectively; 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; 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 23-022 NOVEMBER 28. 2022 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 , 2022. WE STATE OF MAINE County of Penobscot ss: CITY OF BANGOR Debbie Laurie, City Manager 12022 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 23-022 NOVEMBER 28. 2022 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 including but not limited to the following: 100 feet of 4" conduit with 90 degree sweeps at pole, said conduit placed in a 36 inch deep trench with caution tape 6 inches below grade, one 8' x 10' concrete pad, all as installed and located at Bangor High 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 23-02o GRID NORTH MANECOORDINATE SYSTEM OF1983 EAST ZONE NADR3(2O11)(EPOCH:2O1O.00OO) LINE BEARING DISTANCE NOTES: 1) Coordinates and North orientation based onMaine Coordinate System of1S83.East Zone, NAC03(2O11)(EPOCH:2O1O.00OO). Coordinate values shown are hlU.G.Survey Feet and are provided aaonaid inlocation. The physical location ofacoordinate labeled point superceded said coordinate values. CERTIFICATION -'-'-- | hereby certify that oaofOctober 5.2O22.the underground conduits shown hereon were located onthe ground and are intended toprovide connection between the new 2022genenator and the existing electrical services hoBangor High School, and are located within the easement area shown. () /I R OLM Jon P.Pinkham Maine Professional Land Surveyor #24O4 7-` / \ / \ \ / '\ legend easement line edge of pavement or gravel bollard electric manhole 0 utility pole concrete slab + anchor N/ wood post concrete vault ra OF JON PINKKAM 04 concrete vault I HIM 15 inch conduit \�oo poit 20 foot wide easement strip L area: 1,007 square feet showing a 20 foot wide underground electric easement Plisga & Day Land Surveyors on land of City of Bangor 72 Main Street /8 electric meter N:424,821.3' E:911,507.91 (Bangor School Department) Bangor, ME 04401 transformer Hobart Street (207) 947-0019 Bangor, Maine Date: October 18, 2022 for Project number 12028 Versant Power IN CITY COUNCIL NOVEMBER 28, 2022 CO 23-022 Passed CITY CLERK