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HomeMy WebLinkAbout2010-04-26 10-147 ORDERCOUNCIL ACTION Item No. In 147 Date: April 26, 2010 Item/Subject: ORDER, Granting Easement to Bangor Hydro Electric — City Land, Discontinued Portion of Lancaster Avenue Responsible Department: Engineering Commentary: The attached Order is a routine action granting an easement over a 50 foot long strip of City land that was formerly a portion of a proposed extension of Lancaster Avenue. This proposed extension was never used or constructed as a public way and therefore has the status of "Discontinuance by Presumption of Abandonment" per MRSA 23 §3028. While Bangor Hydro Electric has requested an easement, they likely already have rights per §3028. The easement would not exclude other utilities. Attached is Bangor Hydro Electric's correspondence, draft easement, and location map. 0." V--) - iq�, Department flead Manager's Comments: Interim City Manager Associated Information: Order, Correspondence, Location Map Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Finance Director Page _ of _ Solicitor 10 147 Assigned to Councilor - Palmer April 26, 2010 CITY OF BANGOR ��r D� 1NCOS RgTED,EE r (TITLE.) Order, Granting Easement to Bangor Hydro Electric — City Land, Discontinued Portion of Lancaster Avenue By the City Council of the City of Bangor.• ORDERED, THAT: Authorizing conveyance of an easement to the Bangor Hydro Electric Company over a parcel of City land within the discontinued section of Lancaster Avenue which was never constructed. Said easement is to restore a utility line and shall be in a form acceptable to the City Solicitor. IN CITY COUNCIL •� 2010 P sedi (TITLE,) Granting Easement to Bangor Hydro Electric - City Land, Discontinued Portion of Lancaster Avenue Assigned to Councilor /2)*,� 2n 147 ELE�OCONJ Match 26, 2010 City of BarRgor atm: Ari Morgan 73 Hx iow Street Bangor, Maine 04401 Dear Mr. Morgan: Bangor Hydro-Sedric Company is planning to rebuild and re-enargm the utility lino located within the undeveloped portion of Laoaster Avenue between the Broadway Shopping Center and Bast Bmadway. The City has conveyed the northerly % of the street to Jeffrey and Diana Gray and a portion of the southerly % to Bradly and Mule Libby. l believe the City xill bas an interest in the remaining portion of the street, therefore: we would Was to have its petmission, in the form of an easement, to maintain our facilities in this area. I have enclosed an es ememt for your hopection. If this moats with approval, plase have the necessary person sign and date it where indicated. have On sign care acknowledged by a notary public, and retran the properly cm*martad easement to me in the enclosed self-addressed envelope. If you have any questions regarding this matter, Please call me 973-2579. Thank you for your hdP- Simcerdy, Jack Rawcliffe Right -of -Way Agent Enclosures 970 INnois Avenue - PO Box 932 - Bangor, Moine 044024)932 Corporals OScec 1207) 945.5621 For Owmight f dh" - 970ll inv6 Avenue, Bangor, Maine brbt 9 10 147 KNOW ALL MEN BY THESE PRESENTS, That the CITY OF BANGOR, a municipal corporation having its principal offices at 73 Harlow Stress Bangor, County of Penobscot, State of Main% having an interest in and to certain lands located in the City of Bangor, County of Penobscot, State of Maine, and described as follows, viz: Being the undeveloped portion of Lancaster Avenue abutting the northerly bound of lots 195, 196,197 and 198, as said lots are shown on a lotting plan of Broadway Heights dated August 1905, and recorded in the Penobscot County Registry of Deeds in Plan Book 8, Page 19; for consideration given by BANGOR HYDRO -ELECTRIC COMPANY, a corporation organized and acisting under the laws of the State of Maine and having its principal place of business at 970 Minob Avenue, Barg, County of Penobscot. State of Maine, the receipt whereof is hereby admowledged, does hereby give, !lam and convey to said Bangor Hydro-Eleemo Company, its successors and assigns forever, the rights, privileges and easements to construct, maintain, operate and upgrade frnun time to time on said lands, for utility purposes, a line consisting of poles anchors and wires, with the necessary fixtures and supports, to be located within the said undeveloped portion of Lancaster Aveaw. with permission to enter upon the said lands for the above purposes; further granting to said Bangor Hydro -Electric Company, its successors and assgm the power to assign to others, in whole or in part, any or all of the rights, privileges and eaaements herein sat forth. TO HAVE AND TO HOLD the said rights, privileges and easements to said Bangor Hydro-Mect is Company, its successors and assigns, forever. IN WITNESS WHEREOF, It, the said City of Bangor has caused this instrument to be ewecated by its duly w0crized representative this day of .2010. By: print name: title: STATE OF MAINE County of Penobscot, ss: City of Bangor .2010. Personally appeared the abaveanamed and AdEnDwledged the Axegoing instrument to be Mather free act and deed, in hn/her aforesaid capacity, and the tree act mrd decd of the City of Bangor. Before me, Print Name of Notary: Notary Public Flo �,�•p '!'1 L.4 3- C"- V- If Uk. t J "-V-IfUk.tJ Lei 14 • 066,A Spcu1 V" 51 R.,. L, 5 • w+ 416 d•6 drry Uoi V. 144210140 In 147 CI TY AAr Zr t6 V. lot 2.9 PV - - -_ G� L AN.C�.S7itR We (2) ♦, 5. 4 Q ti _ M » y -- L L S T. +t� O (E t w� tr Ixwm, as - 0 ® 1'® 0.5.37 s © ~