HomeMy WebLinkAbout2009-08-24 09-274 ORDERCOUNCIL ACTION
Item No.
Date: August 24, 2009 J 9 2 7
Item/Subject ORDER _ Authorizing the City Manager to Execute an Easement Deed to Bangor
Hydro -Electric Company for Bangor Waterfront Construction Project
Responsible Department: Engineering
Commentary:
As part of the construction of the Water Construction Project 2009-2010, Bangor Hydro -Electric
Company has requested an easement for the placement of a padmount transformer and electrical supply
for primary transmission line to buildings and facilities now located or to be located on premises at the
waterfront. 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.
Departm�He
Manager's Comments:
TLA,V" 69APV�
City Manager
Associated Information: Easement Deed
Budget Approval:
Finance
Director
Legal Approval:
ity Solicitor
Introduced for
X Passage
First Readina
Page _ of i
Referral __
Assigned to Councilor —Bronson 1; C, 42 7
/
of BAH
August 24, 2009
CITY OF BANGOR
g4im, .-
(TITLE.) ORDER, Authorizing the City Manager to Execute an Easement Deed to Bangor
Hydro -Electric Company for Bangor Waterfront Construction Project
By the City Council of the City of Bangor,
WHEREAS, as part of the Waterfront Construction Project, Bangor Hydro -Electric Company to
provide service; and
WHEREAS, said work will improve service in the area; and
WHEREAS, the upgrade included the need to install a padmount transformer for electrical
supply for a primary transmission line to buildings and facilitites now located or to be located on
premises at the waterfront, outside of the public right-of-way.
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
The City manager is hereby authorized, on behalf of the City of Bangor, to execture an
Easement Deed to the Bangor Hydro -Electric Company to permit the Bangor Hydro -Electric
Company to install a padmount transformer and electrical supply on property of the City of
Bangor at the Bangor Waterfront. 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
August 24, 2009
:PassTd
ITY CLERK
09-274
1■t0 I iT
(TITLE,) _Authorizing 'the City Manager
to Execute and Easement Deed to Bangor
Hydro -Electric Company for Bangor Water-
front Construction Project
Assigned to Councilor
o 274
KNOW Al.l. MEN BY Tllf,"Sr PRLSENTS, That the (ATV 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 ofecrtain lands located in the City of Bangor, County of Penobscot, State of Maine, arid described
as, tollows. VLr:
Being the premises described in a Resolution of Condemnation adopted August 10. 1987, and
recorded in the Penobscot County Registry of Deeds in Book 4089, Page 269, and also the
premises describett as 1,(YI'2 conveyed by Maine Central Railroad Company to the Grantor
herein by deed dated August 8, 1990, and recorded in the Penobscot County Registry of Decds in
Book 6248. Page 330.
for consideration given by BAN(Y'Olt HYDRO-ELECIRIC COMPANY, a corporation organized and
existing under the laws of the State ofMainc and having its principal place of business Lit Bangor, County of
Penobscot, State of Maine, the receipt whereof is hereby acknowfedged. does hereby give, grant and convey to
said Bangor Hydro-Flectric Company, its successors and assigns forever, the rights, privileges and Casements
hereinafter set tbrih, which are to be exercised upon and with respect to so much of a strip of land 20 feet in
width lot its entire length as lies within the aforesaid land,-,. Said strip being describcd below and being shown
tui Fxhibit "A" to be attached hereto anti made a par( hereof
Bep,itming on the easterly bound of I rout Street near its intersection with the easterly end of Railroad
Street, thence extending easterly a distance of 30 fico, marc or less, to a concrete cletrical foundation located
below giadc on the above rcfiv.rcnced premises Juscrihed in a Resolution of Condemnalion adoptfxi August 10,
1957, and recorded in the Penobscot County Registry of Deeds in Book 4089, Page 269, thence extending
southwesterly to the westerly bound of the said premises, also being an easterly bound of The said premises
conveyed by Maine C',entral Railroad Company to the Grantor herein by deed dated August 8. 1996, and
recorded in the Penobscot County Registry of Decals in Book 0248, Page 330, thence continuing southwesterly
to a fuse cabinet and concrete transfornier foundation locatod near the easterly side the Maine Central Railroad
tracks, said cabinet and transfortner foundation being appioxuriately 275 fart southwestetly of the above
mentioned concrete electrical foundation, thence extending southerly, generally parallel with the said railroad
ti -asks a distance of 1,315 feet, more or less. to a concrete transformer foundation. Said strip being shown on
Exhibit "A" attached hetuto and made a Part hereof.
'111C rights, privileges and casements hereby conveyed for utility purposes with respect to said strip are
as follows: to enter upon :aid lands with men and conveyances and all necessary tools. machinery, equipment
arid supplies, to excavate. Jay, bury, instafl, construct. maintain, operate, repair, rebuild, and remove
underground -Aires, cables. conduits, ducts, traxisforniers, foundattorts,switching equipment, protective and
safety devices, manholes, and other apparatus used or useful for the transmission of electricity, as the Grantee
bewin may from time; to time desire, upon and/or beneath the surface of the earth; the right it) transmit
electricity anki intelligence over, through and by said wires. cables, conduits, ducts, tratisformers. switching
equipment, protective and safety devices, manbohsant other apparatus'. and the right to keep :acid strip cleared
by any lawftil means of "trees. undergrowth an([ all other obstructions.
Also conveying to said Bangor llydro-Fleoric. Company, its successors and assigns. the right to place
the occcs8ary abos eground padmouni transformers and electrical devices, with their necessary wires, cables.
conduits, ducts, and fixtures, attached thereto, within the aforementioned strip, with the right to transmit
electricity arid intelligencv over, through and by said wires, cables, conduits, ducts, fixtures, padmount
transformers, fuundation,4 arid electrical devices.
Also conveying the right to extend underground line,,, (iom said strip to facilities and buildings as now
located or to he localtd on said pretnises.
Also conveying to said Bangor hydro -Electric Couipany, its successor.,, and assigns, the rights,
privilege's and ea.'teiricnN to construct, maintain arid operate line of poles and wires with their fixtures and
supports, on a teml)orary basis, on said Wids, in such a manner as to provide clectri;; 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 said Bangor Hydro-Flectric Company when such fault is corrected; and to transinit electricity
and intelligence over said wires and apparatu,:, and to clear and dispose of interfering trees and other growth
firma tints: to (irne.
The Grantor for itself. and its sttccvs,,orq and assigns. covenants and agrees to and with. the Grantee, its
succvs�vrs and assigns. that it will not erect or maintain or permit the erection or maintenance of arty building,
trader. mobile home, &summing pix)l. of colter structure, of any ktrtd or nature, upon said strip, any or all of
wlitch in the opinion cif the Carautee, its successors and assigns, would endanger or intcrfcrc with tine exercise of
achy ofthc rights. privileges and casements hereby cow cycd.
Al.xo conveying tv said Bwig i 1 tydro-l?lt ctric Company, its successors and assigns, the right to
establish any and all safety tcgulations which said Company. in it.s ,,ole discretnou, deeuts necessary and proper
fw 1171: lnan;mii,'sion (if clectricity or intelligence, wid tsar the construction aid triaintetitan" sat said poles, wires,
ittit;l4tJis, cables, tAmduit)a. ducts, transfortnem Foundations. switching equipment. protective and safety devtd:m
maaihole:c. acid other apparatus used or useful for the transmission of clectficnty; any interference or violation by
said i".irantor. its successors and assigns. as determined by the Grantee. of said safety regulations, shall constitute
:an intetfcrctice with and violation of til: rights, privileges and casements hereby granted.
'Uhis c;7inveyance is subject to the Orantce's agreement and covenant to promptly restore the surface of
tine t`ir,cntor's lapid to its tutor conditions after all excavation or disturbanc:c to said surface in connection with the
exercise of the .rights, privileges and easement;; herein granted, such testoratioti to be limited tri regrading,
rcf tris -seating, and reasphalting of said surtsacc.
Ab,o conveying to said Bangor Hydro -1, lett is ( o nipataj, its successol', and assigns, lite j3i3 ver toassign
to either>. in ivilolc or in hart, tally air all cif the rights, privil"'c,s. Jand CaiL`r74CUk heMiu set fiarth
TO HAVE r%ND l 0 HOLD the said rights, privileges and casements to said Bangor l lydro-Electric
Company, its succes tors and assigns, l(irever.
IN W11 N17SS WliEltl'.C)P, lt, (hesaid City of Bangor has caused this instrument to be executed by its
duly authori,ped representative this day of August. 2009.
City of Bangor
By:
print n)atnc'
title:
S1 €i+ VE (A MAINE
County ('11, s:c: August 20C>i}.
1'c tsonally appeared the abovo-named _.. � and acknowledged
the foregoing instrument to be his,,lier tree act and deed, in hi,,Vher aforesaid capacity, and the free act and deed
of fate: C i7.y of Bangor
Before ane.
Print Name i)f Nolan,:
Notary Public