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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
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(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
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