HomeMy WebLinkAbout2011-11-28 12-015 ORDERCOUNCIL ACTION
Item No. 12 015
Date: November 28, 2011
Item/Subject: Order, Authorizing the City Manager to Execute An Easement Deed for
Subsurface Utility Conduits at Bangor International Airport off Wyoming Avenue
Responsible Department: Engineering
Commentary:
Bangor Hydro has requested that the City execute an easement to allow the placement of
subsurface utility conduits on City property. The easement will be located off Wyoming Avenue at
the Bangor International Airport and will facilitate electrical service the terminal building, hotel
and hangar buildings. Easements are necessary since the conduits will be located on City
property rather than in the right-of-way. The Infrastructure Committee recommended approval at its
November 22, 2011, meeting.
Manager's Comments:
Arthur B. Morgan
Department Head
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City Manager
Associated Information: Bangor Hydro Electric easement request, easement, easement location
map.
Council Order
Budget Approval:
Legal Approval:
Introduced for
x Passage
First Reading
_ Referral
Finance Director
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City Solicitor
Page _ of
12 015
Assigned to Councilor — Gratwiek November 28, 2011
CITY OF BANGOR
(TITLE.) Order, Authorizing the City Manager to Execute an Easement Deed for
Subsurface Utility Conduits at Bangor International Airport off Wyoming Avenue
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
The City Manager is hereby authorized to execute an Easement Deed to Bangor Hydro
Electric Company to permit Bangor Hydro to install sub -surface utility conduits on City
property located off Wyoming Avenue to service the terminal building, hotel, hangar
buildings 462 and 464. The easement will be twenty foot wide, extending out
approximately 42' from Wyoming Avenue, running parallel with Wyoming Avenue
southwesterly for a distance of approximately 152', extending westerly for a distance of
approximately 105'. The form of the Easement Deed shall be as approved by the City
Solicitor or Assistant City Solicitor.
IN CITY COUNCIL
November 28, 2011
Passed
CITY CL RK
# 12-015
ORDER
(TITLE,) Authorizing the City Manager to
Execute an Easement Deed for Subsurface
Utility Conduits at Bangor International
Airport off Wyoming Avenue
Assigned to Councilor Q a-6 1. CL
3,
Bangor �I�dro
ELECTRIC¢ COMPANY
October 14, 2011
City of Bangor
Attn: Art Morgan
73 Harlow Street
Bangor Maine 04401
Dear Art:
12 415
As you know, the City is doing some work on the utility lines that serve buildings near
the airport terminal off Wyoming Avenue. Most of the work involves private underground lines
to serve the terminal building and hotel, but an underground line to serve hanger buildings #462
and #464 is to be owned by Bangor Hydro. This requires that we obtain an easement for this
portion of the underground system.
I have enclosed an easement for your inspection. If this meets with City of Bangor
approval, please have the necessary person sign and date it where indicated, have the signature
acknowledged by a notary public, and return the properly executed easement to me in the
enclosed self-addressed envelope. Please note the easement references an exhibit "A" to be
attached. This is a survey showing the location of the underground line within the proposed 20
foot wide easement strip and is the City's responsibility to have completed.
If you have any questions regarding this matter, please call me at 973-2579. You may
also reach me by e-mail atjraweliffe@bhe.com.
Enclosures
Sincerely,
Jack Rawcliffe
Right of Way Agent
970 Illinois Avenue • PO Box 932 • Bangor, Maine 04402-0932
Corporate Offices: (207) 945-5621
For Overnight Delivery • 970 Illinois Avenue, Bangor, Maine 04401
1;-; a
Bangor, ME 04402-0932
EASEMENT
12 015
CITY OF BANGOR, a municipal corporation having a place of business at 73 Harlow Street, Bangor,
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 a portion of the premises conveyed by The United States Of America to the Grantor
herein by deed dated December 18, 1968, and recorded in the Penobscot County Registry of
Deeds in Book 2148, Page 67;
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 20
feet in width for its entire length as lies within the aforesaid lands, beginning at a utility pole to be placed on the
southeast side of a paved road that provides access to hanger buildings #462 and #464, said pole to be 190 feet,
more or less, northeasterly of the centerline of Wyoming Avenue, thence extending westerly crossing the paved
road a distance of 265 feet, more or less, to a concrete transformer foundation. Said strip being shown on
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.
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.
,rl,;. - -L.-+ +- +I,o A- --4f-- --r
IN WITNESS WHEREOF, the City of Bangor has caused this instrument to be executed by its duly
authorized representative this day of October, 2011. ' 12 015
By:
print name:
title:
STATE OF MAINE
County of Penobscot ss:
City of Bangor
October , 2011.
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
NOTES:
(1) BEARINGS SHOWN HEREON ARE ORIENTED TO \ \\
GRID NORTH, MAINE STATE COORDIANTE SYSTEM
OF 1927, EAST ZONE, WITH DISTANCES EXPRESSED \ \�
IN UNITS OF U.S. SURVEY FEET.
(2) COORDINATE VALUES OF THE END POINTS OF
THE EASEMENT ARE TO BE USED ONLY AS AN AID
IN LOCATION AND NOT FOR DEFINITION.
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CERTIFICATION:
I HEREBY CERTIFY TH,
2011, THE UNDERGROL
WILL BE USED TO PRO
PARCEL SHOWN HERE,
WITHIN THE EASEMEN
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DATE: NOV. 3, 2011
REVISED:
SHEET 1 OF