HomeMy WebLinkAbout2013-02-25 13-082 ORDERCOUNCIL ACTION
Item No. 13-082
Date: February 25, 2013
Item/Subject Order, Granting Easement to Bangor Hydro -Electric Company — Bangor Waterfront
Concert Venue, Stage Area
Responsible Department: Engineering
Commentary:
The attached Order would grant a twenty foot wide easement t
underground electric service located near the intersection of Railro;
would run parallel to Main Street, extending in a southerly direct
backstage area of the newly developed Waterfront Concert Venue,
Hydro will be responsible for operating and maintaining the system
easement and location map is attached. This Easement request v
approval by the Infrastructure Committee on January 15, 2012.
Manager's Comments:
Bangor Hydro Electric to provide
d and Main Streets. The easement
on to a transformer located at the
By granting this easement Bangor
rather than the City. A copy of the
as reviewed and recommended for
Arthur B. Morgan, P.E.
Department Head
Associated Information: Easement, Location Map, Council Order, and Council Action
Budget Approval:
Director
Legal Approval:
Introduced for
X Passage
First Reading
Referral
City Manager
Finance
4 Z �12
F City Solicitor
Page _of_
13-082
FEBRUARY 25, 2013
Assigned to Councilor Gallant
CITY OF BANGOR
�R4TED, f� r` ��► - -
(TITLE.) ORDER, Granting Easement to Bangor Hydro -Electric Company — Bangor
Waterfront Concert Venue, Stage Area
By the Oty Counts/ of the City of Bangor.
Ordered, That the City Manager is hereby authorized to execute an easement for a portion of
land twenty feet wide to Bangor Hydro -Electric Company to install and maintain underground
electric service, starting at an electrical sub located near the comer of Railroad Street and Main
Street, to run parallel with Main Street and to extend southerly to a transformer located at the
backstage area of the Waterfront Concert Venue. Said easement shall be in a form acceptable
to the City Solicitor or Assistant City Solicitor.
IN CITY COUNCIL
February 25, 2013
Passed
CITY ClffRK
RECORD AND RETURN TO:
Bangor Hydro Electric Co.
Attn: Renee Wright
P.O. Box 932
Bangor, ME 04402-0932
EASEMENT
13-082
FEBRUARY 25, 2013
The CITY OF BANGOR, a municipal corporation having its principal offices at 73 Harlow Street,
Bangor, in the 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 LOT 1 of the premises conveyed by Maine Central Railroad Company to the Grantor
herein by deed dated August 8, 1996, and recorded in the Penobscot County Registry of Deeds in
Book 6248, Page 330;
for consideration paid, grants to BANGOR HYDRO ELECTRIC COMPANY, 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 beginning on the southwest bound of Railroad Street thence extending southwesterly a distance of
approximately 950 feet to a transformer foundations to be placed. Said strip to be shown on an Exhibit "A", to
be 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, and other apparatus used or useful for the transmission of electricity within the said strip, 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 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, 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
1.3-082
FEBRUARY 25, 2013
exercise of the rights, privileges and easements herein granted, such restoration to be limited to regrading,
regrass-seeding, and reasphalting of said surface.
IN WITNESS WHEREOF, the City of Bangor has caused this instrument to be executed by its
duly authorized representative this day of December, 2012.
By:
print name:
title:
STATE`er MAINE
County of Penobscot ss:
City of Bangor
December , 2012.
Personally appeared the above-named and acknowledged
the foregoing instrument to be his/her free act and deed, in his/her aforesaid capacity, and the free act and deed
of the City of Bangor.
Before me,
Print Name of Notary:
Notary Public
13-082
FEBRUARY 25, 2013
Bangor Hydro
ELECTRIC C
December 12, 2012
City of Bangor
attn: Art Morgan
73 Harlow Street
Bangor, Maine 04401
Dear Art:
In order to provide electric service to the relocated waterfront concert stage Bangor
Hydro Electric Company has laid out underground lines to extend southwesterly off Railroad
Street to the stage area. Since the lines are to be owned and maintained by Bangor Hydro we
would like to have an easement from the City to do this work.
I have enclosed an easement for your inspection. If this meets with approval, please have
the necessary person sign and date it where indicated, have the signature acknowledged by a
notary public, and return the properly executed easement to me in the enclosed self-addressed
envelope. Please note the easement references an exhibit "A" to be attached. This exhibit is a
survey plan showing the underground conduit within the 20 foot wide easement strip and is your
responsibility to have completed. The survey should be on legal size paper so that it can be
attached to and recorded with the easement document.
If you have any questions regarding this matter, please call me at 973-2579. You may
also reach me by e-mail at jrawcliffe@bhe.com.
Enclosures
Sincerely,
Jack Rawcliffe
Right of Way Agent
970 Illinois Avenue • PO Box 932 • Bangor, Maine 04402-0932
Corporate Offices: (207) 945-5621
For Overnight Delivery • 970 Illinois Averutc, Bangor, Mahle 04401
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