HomeMy WebLinkAbout2009-01-12 09-036 ORDERCOUNCIL ACTION
Item No. 09 0%S6
Date: January 12, 2009
Item/Subject: Order, Authorizing the City Manager to Execute an Easement Deed to Bangor
Hydro -Electric Company for Anchor Support — Wastewater Treatment Plant
Responsible Department: Legal
Commentary:
As part of the construction of the permanent racino by Bangor Historic Track, Inc., the Bangor
Hydro -Electric Company upgraded its services on Dutton and Main Streets. An element of this
involved upgrading the line from the lower Main Street substation to the Bass Park area to
provide additional capacity. After coordinating with City staff, the Bangor Hydro -Electric
Company has staked out an anchor support on City land next to the wastewater treatment
facility and outside of the public right of way. Since the support location is outside of the right
of way, an easement is required.
This Order will authorize the execution of the easement between the City and the Bangor Hydro -
Electric Company.
Department Head
Manager's Comments:
City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
Solicitor
Introduced for
X Passage
First Reading
Referral
0!1 0 &12> 0
Assigned to Councilo, Bronson January 12, 2009
-Vf A
CITY OF BANGOR
(TITLE.) ORDER, Authorizing the City Manager to Execute an Easement Deed to Bangor
Hydro -Electric Company for Anchor Support — Wastewater Treatment Plant ,
WHEREAS, as part of the construction of the permanent ractno, by Bangor Historic Track, Inc.,
the Bangor Hydro -Electric Company upgraded its services; and
WHEREAS, said work will improve service in the area; and
WHEREAS, the upgrade included the need to install an anchor support on City of Bangor
property at the Wastewater Treatment Plant, outside of the public right-of-way.
8E IT ORDERED 8 y THE CITY COUNCIL OF THE CITY OF S4NGOR THAT
The City Manager is hereby authorized, on behalf of the City of Bangor, to execute an
Easement Deed to the Bangor Hydro -Electric Company to permit the Bangor Hydro -Electric
Company to install an anchor support on property of the City of Bangor at the City's
Wastewater Treatment Plant on lower Main Street. The final form of the Easement Deed shall
be substantially the same as attached hereto and in a final form as approved by the City
Solicitor or Assistant City Solicitor.
IN CITY COUNCIL
January 12, 2009
Pass
# 09-036
TY CLERK
O R D E R
(TITLE,) Authorizing the City an er to
Execute and Easement Deed to Bangor Hydro
Electric Comply for anchnr emnp= nrt -
Wastewater Treatment Plant
Assigned to Councilor
j9 036
KNOW ALL MEN BY THESE PRESENTS, That the CITY OF BANGOR, a municipal
corporation having its principal offices at 73 Harlow Street, Bangor, County of Penobscot, State
of Maine, 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, viz:
Being the premises conveyed by Barbara A. Cassidy, et als to the Grantor herein by
deed dated October 4, 1966, and recorded in the Penobscot Registry of Deeds in Book
2075, Page 387;
for consideration given by BANGOR HYDRO -ELECTRIC COMPANY, a corporation
organized and existing under the laws of the State of Maine and having its principal place of
business at 21 Telcom Drive, Bangor, County of Penobscot, State of Maine, the receipt whereof
is hereby acknowledged, does hereby give, grant and convey to said Bangor Hydro -Electric
Company, its successors and assigns forever, the rights, privileges and easements to construct,
maintain, operate and upgrade from time to time on said lands, for utility purposes, one anchor
and guy wires with the necessary fixtures and supports, to be located 8 feet, more or less,
northeasterly of the northeast bound of land conveyed by Maine Central Railroad Company to
Bangor Hydro -Electric Company by deed September 13, 1950, and recorded in the Penobscot
County Registry of Deeds in Book 1334, Page 482, and being approximately 20 feet easterly of
the northernmost corner of the said premises conveyed to Bangor Hydro -Electric Company, said
northeast bound being the southwest bound of the Grantor herein; with permission to enter upon
the said lands for the above purposes; further granting to said Bangor Hydro -Electric Company,
its successors and assigns, the power to assign to others, in whole or in part, any or all of the
rights, privileges and easements herein set forth.
TO HAVE AND TO HOLD the said rights, privileges and easements to said Bangor
Hydro -Electric Company, its successors and assigns, forever.
IN WITNESS WHEREOF, It, the said City of Bangor has caused this instrument to be
executed by its duly authorized representative this day of , 20_.
City of Bangor
Edward A. Barrett — City Manager
STATE OF MAINE
County of Penobscot, ss:
20
Personally appeared the above-named Edward A. Barrett and acknowledged the
foregoing instrument to be his free act and deed, in his aforesaid capacity, and the free act and
deed of the City of Bangor.
Before me,
Print Name of Notary:
Notary Public