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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 �( / 12 §(! �� j§ HIM MH! ,! ,!!-. 1-2 \ .. ) ) IDA. 0 I � ) • x , AS -BUILT SITE PLAN f § § J) ) `-`s NGO WATERFRONT `MAINIR,�2�� L__ _