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HomeMy WebLinkAbout2013-08-26 13-288 ORDERCOUNCIL ACTION Item No. 13-288 Date: August 26, 2013 Item/Subject: Order, Authorizing Execution of an Easement to Bangor Hydro Electric Company — Cross Insurance Center, Buck Street Responsible Department: Engineering Commentary: Bangor Hydro Electric Company has requested to extend electrical service along the southwest bound of Buck Street, beginning at an existing 1639 square foot easement area granted August 71 2008 to extend northwesterly along the southwest bound of Buck Street to existing transformer foundations as indicated on Exhibit A to provide service to Cross Insurance Center. This has been reviewed and recommended by the Infrastructure Committee on August 26, 2013. Manager's Comments: Associated Information: Order, Easement, Exhibit A Location Map Budget Approval: Legal Approval: Introduced for Passage First Reading Referral Arthur B. Morgan, P.E. . Department Head Page _of_ City Manager Finance Director City Solicitor 13-288 AUGUST 26, 2013 G Assigned to Councilor Hawes S/of eANr` � e CITY OF BANGOR �R4EEO.Fj (TITLE.) ORDER, Authorizing Execution of an Easement to Bangor Hydro Electric Company — Cross Insurance Center, Buck Street By the Oty Counts/ of the City of Bangw. ORDERED, That Catherine M. Conlow, City Manager, is authorized to execute an easement for Bangor Hydro Electric Company to extend its electrical service from the beginning of an existing easement area located on Buck Street, extending northwesterly along the southwest bound of Buck Street to existing transformer foundations to provide service to Cross Insurance Center. Said easement shall be in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL August 26, 2013 Passed ITY CL RECORD AND RETURN TO: Bangor Hydro Electric Co. Attn: Renee Wright P.O. Box 932 Bangor, ME 04402-0932 EASEMENT 13-288 AUGUST 26, 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 the premises conveyed by John M. Pierce to the Grantor herein by deed dated February 11, 1999, and recorded in the Penobscot County Registry of Deeds in Book 7081, Page 314; 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 located by and along the southwest bound of Buck Street, beginning at an existing easement area described as Easement Area Parcel H in an easement granted by the Grantor to the Grantee dated August 7, 2008, and recorded in the Penobscot County Registry of Deeds in Book 11522, Page 273, thence extending northwesterly by and along the southwest bound of Buck Street to existing transformer foundations. Said strip being shown on an 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, 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 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. Excepting however an existing chiller pad now located within the said easement strip and any other existing facilities that may be located within the said strip. 13-288 AUGUST 26, 2013 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 August, 2013. Bye print name: title: STATE OF MAINE County of Penobscot ss: City of Bangor August , 2013. 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 13-288 4r I AUGUST 26, 2013 1, I F,1 j I ---— __- _— —_ 7 - NJ SWITCHGEAR OCAInON — — ---- 2�5 ;} 2' -NEW SIDEWA LOBATION [TRAN§FORMER LOCATION 1 ' 1 PROPERTY LI 1 (TYP)i i a GENERATOR' ) 1 PROPOSED UTILITY EASEMENT (43384336SFJ !I* ( I NEW EVENTS CENTER 120' 4.6 I� BUILDING OUTLINE t t PROPERTY LI ( I CA 7 r, • �•� 1 _ llil • � a.IC� 1 II _ L 1 I i � 1 \1111illlll �!; IILI II ! / n �A'"�/ EXISTING UTILITY- JOHNS. A EASEMENT(1639SF.,), 9*:" KENNEY =;* ° j BPtiNGOR ry .} I _ 0A1LY fVWS 8-1 = No. 11676 /0NAL 0\ O 11 f f ///pllillllVlll\1 • �' �' m :• 1 , � SCALE: 1 „=50' J M74*4m B WBRC CAD FILE: UTILITY EASEMENT "RC 9ARMO 'w FLCN=IL ARCHITECTS • ENGINEERS -net PROJECT No. 3610,30 wwDac BANGOR EVENTS JOBCAPIDRAW: JWB. CENTER ENTER PM: MLW SHEET No. EXHIBIT A CHECKED BY: JSK SK100 SHEET TITLE: DATE: 08.12.2013 ©cov.nnNr�wwc