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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 oc -Y,- () 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 .4f, -:il� 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. LE )R CENALVE IN ND HOLE + + + 62 ®.-- 0 BLDG 464 i—S // + + + / N 85°4 0" E 7 42.8' paved / �/^ N:355574.0 0 + E:418208.5 Al 0 0 + CERTIFICATION: I HEREBY CERTIFY TH, 2011, THE UNDERGROL WILL BE USED TO PRO PARCEL SHOWN HERE, WITHIN THE EASEMEN PLAN. 's BRIAN P. TAYLOR, I o e' BRI co F TAY A NO. 9 �o PES S U SURVE SHO` UNDERGROUND EI ON PROP THE CITY C BANGOR INTERN? F( ANGOR HYD COMI r N 79°35'30" E �� �•�` /J + PRECAST // + E TRANFORMER ?) BASE \ E:4179 / /jam — � \ SCALE: 40 EA17956.11 41. \\ "= ' /� 40' 20' 0' 40' CJs PLISGA Land Su 72 Man Bangor, M, DATE: NOV. 3, 2011 REVISED: SHEET 1 OF