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Home My WebLink About1999-11-08 00-006 ORDERCOONCH. ACHON Date: peyeuber 8. 1999 Item No.: AM5 Item/Subjeen Directing City Manager to Execute Easement Deed to Bangor Hydra Electric Company—RIA CommerchiOndustrlal Park Responsible Deparanene Engineering Commentary: The attached Council Order is a marine action authorizing the City Manager to execute an easement dad w Bangor Hydro for electrical service to Lots 7 & 8 in the BIA CommerciaMadistrial Park. This is in serve a new building developed by Gary Human, who leases Lots 7 & 8 from the City. A draft of the easement deed and a location sketch are anached. Final from of the easement deed shall be approved by the City Solicitor. „tNovu Managets Commenes� Lt =/ _U (( 0. 1Yl/atiRR y� gn Associated lnformafion:6Ahy4r pav Budget Approval: fti tw Legal Approval: vz CI olklw Ingueed For: CVr Zl Passage FirstReading ❑ Referral LOM Assigned to Councgor sohman Hoveuber 8. 1999 CITY OF BANGOR a�sspp Directing City Manager to Execute Easement Deed to Bangor (TITLE.)(DrU[a .......DydrnElectricCo P ny=-BIACammercial[IndustrialPark _. _.. By d e City Cwwtl oftka City ofBanwr ODDEREDr TWT the City Manager is hereby authorized and directed to execute and deliver an easement deed to Bangor Hydrea Electric Company, gyrating an easement to install and maimain reality services on portions of Lots 7 and 9 of the BIA CommerciaVlndustrial Park Said easement deed shall be in a form approved by the City Solicitor. is un cwfl4ll November 8, 1999 Passed OD -6 % ORDER Title, Mrectivg City Mevager to 6recate Easement need to gauger Hydro aleetilc Company — RIA Perk .......... I ........................... ..................................... Aeeip�edm Do.unci Councilmen M KNOW ALL MEN BY THESE PRESENTS, That CTTY OF BANGOR, a Maine municipal corporation located in the County of Penobscot and State of Maine, being the owner in fee simple of certain lands located in rho City of Bangor, County of Penobscot State of Maine, and described as follows, viz: - Being aportion of the premises conveyed by 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. See also the Confirmatory Dead dated April 28,1969 and recorded in said Registry in Book 2156, Book 450. Being Lot No.7&Lot No. Bin BIA Commeroial/Imustrial Park, so-called, as depicted on a plan dated November 4, 1997, titled "Amended Plan of BIA CommerciaVlndusnial Pak"; for consideration given by BANGOR HYDRO -ELECTRIC COMPANY, a corporation organized and existing order the laws of the State of Maine and having its principal place of business at Burger, County of Penobsco, State of Maine, the receipt whereof is hereby wenowledged, does hereby give, grant and convey to said Bangor Hydra -Electric Company, its successors and assigns forever, the tights, privileges and easements hereirmRer set forth, which are to be exercised upon and with respect to so much of a strip of land as lies within the aforesaid lands. Said strip being shown on "Exhibit A", attached hereto and made a pan hereof. The rights, privileges and customers hereby conveyed for utility purposes with respect to said strip me as follows: m enter upon said lairds with man and conveyances and all necessary tools, machinery, equipment and supplies; to excavate,. Jay, bury, install, construct, maintain, operate, repair, rebuild, and remove underground wires, cables, conduits, ducts, transformers, switching equipment, protective and safety devices, manholes, and other apparatus used or useful for the transmission of electricity, as the Grantee herein may firm time to time desire, upon motor beneath the surface of the earth; the right m transmit electricity and intelligence over, through and by said wires, cables, conduits, ducts, transformers, 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. Also conveying to said Bangor Hydro-Elatric Company, its successors and assigns, the right to place the necessary abovegmuod padmount transformers sot electrical devices, with their necessary wines, cables, conduits, ducts, and fixtures, attached thereto, within the aforementioned stop; with the right m transmit electricity and intelligence ova, through and by said wires, cables, conduits, ducts, fixtures, immoral transformers, and electrical devices. Also conveying the right m extend service lines from said shop underground to facilities and buildings as now located or to be located on said premises. Also conveying to said Bangor Hydro -Electric Company, its successors and assigns, the rights, privileges and easements to mnstruat maintain and operate a line of poles not wires with their fixtures and supports, on a temporary basis, on said lands in such a merger 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 undergound system during a period of does 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 -Electric Company 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 tune 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 arta emar mus hemby conveyed. Also conveying to said Bangor Hydro -Electric Company, its successors and assigns, 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, switching equipment, protective and safety devices, manholes, and other apparatus used or useful for the transmission of electricity; any interference or violation by said Comm, its successors and assigns, as determined by the Grsmee, of said safety regulations, shall constitute an interference with and violation of the rights, privileges and easements hereby granted. This conveyance is subject to the Grantee's agreement and covenant to promptly restore the surface of the Grantots land to its prior conditions after an excavation or disturbance to said surface in connection with the eauerise of the rights, privileges and easements herein granted, such restoration to be limited to regrading, regrass-seeding, and reasphothing of said surface. Also conveying to said Bangor Hydro-ElecMc Company, its successors and assigns, the power to assign to others, in whole or in part, any or all of the fight, privileges, and easements herein set forth. TO HAVE AND TO HOLD the said righty, privileges and easements to said Bangor Hydro -Electric Company, its successors and assigns, forever. - IN WITNESS WHEREOF, the said City Of Bangor has caused this instrument to be executed by its duty autborized representative Itis /ryAA day of November, 1999. IlMTSTSM �Nj0 County of Penobscot, ss: I November /'L, 1999. Personally appemed the above-named Edwmd A. Barrett and acknowledged the foregoing instrument to be his free act and deed in his aforesaid capacity and the fres act and deed of said City of Bangor. Before me, Notary Public Print Name of Notary: CERTIFICATION: I ME T L WR THAT, A Co OCTOBER W,, HYA TIE C IT UWIGI W" EE NEED TO PROJiDE ELECTRIC 9ERNCE TO TX WaDI1G dIGLi d T119 MAN 15 LCGAMP WITWN T F EgP05 Pi NEE tA£ASNPLi I£8Ul sIGiEto D: ��••T O, A� MtN0 I£ INI G. /<</�O/ 11� efi) 3� 1 a, l LOT 8 BI4 CQTIERCI4. INWSiRIAL PAR„' ORNUIK •CIS 9EPIEMDER 1999 _ WJR 4- N a- T •N3'T LAID At TO 9LRYEY I E 9•lcL ELELIRILPL MCENTLT CGLSiR cC UWA WILDING BELL ATLANtIC •AI r0 ELE C CO q 0 N z e io `e`oiruues2Y u ruE"` SURVEY PLAN iRNISMR'IER RASE SN ' M9LRGRMD ELECTRw EASEMENT EERVw1W' TE USDA BUILDINS, &ARY HACAN PROPERTY LEASED wNo vRon ixB c1Tr M BArd9oR KALE: 1 40 ILLINOIS AVE. - BANDOR, MAT BANsm FGR HYDRO -E Br.TRIG CO. WRTI AS SIGYW ON RAN L£ N B.IA GGNMERGIPL INWSm2 2V PARR ME DUN Ut NO ca MIT LEGEND \\\— • IRON R'JD 9E! O IRGN PIFEF \\\SSS O IT RLN RODRGLi HFAJD BELL ATAATL 0 O ARA'lliE/CfMCF¢iE M1'W'EM 34 Up.'P POGi. 0 =LRYP E ]�f£ET WYyNL BELL ATLANtIC •AI r0 ELE C CO q 0 N z e io `e`oiruues2Y u ruE"` SURVEY PLAN iRNISMR'IER RASE SN ' M9LRGRMD ELECTRw EASEMENT EERVw1W' TE USDA BUILDINS, &ARY HACAN PROPERTY LEASED wNo vRon ixB c1Tr M BArd9oR KALE: 1 40 ILLINOIS AVE. - BANDOR, MAT BANsm FGR HYDRO -E Br.TRIG CO. 40 Ocmber28,1999 James Ring City Engineer City Of Bangor 73 Harlow Street Bangor, ME 04401 Ito: Underground Electric Easement for Gary Hagan, BBnois Avenin, Bangor Dem Jim: I have enclosed am proposed easement document for you inspection. This document would grant the rights necessary for Bangor Hydro to own and maintain the underground electric system which will provide service to the new facilities of Mr. Hagan who has a lease with the City. Please let me know if this is acceptable, so that I can deliver an original for council approval and then execution. If you have any questions or comments regarding this nutter, please call me at 973.2579. Thank you for you time and consideration. Sincerely -r bzL W. Peter Libl an, Jr Cc: Norm Heiman, Steve Bolduc Enclosures ms"` s - tom vn- e,a�,w�,.waos.wa � Or. enass-sea W� IWOW AW. MEN BY TIIPSE PRESENTS, Tom C1W OF BANGOR, aMaine municipal ---- commonlocal in the Gory ofPmobscolreq that of Mame, being me owner in fce simple aformain Inds bested in theCary almost. (foamy officialism, Beim of Mein§aM mora ed as follows, viz Being a paNan of the moral comryetl by Umbi Sten O[Aourice to the Damm herein by dead mind December 18,1968 eM samtdM an the limmoswt Cowry pri ary of Cads In Book 2148,Fatm V. Seedsotbe CaNimuroryC ddined Apa128,1%9a recededinsaid Regiany inBWk2156,Book450. Beingl Na7&WNo.8om BIACmmoemie uahial Fmk soollPo, as repavatl ore a plan tlmed November 4, 193], tided "gmetMetl Plan ofBIA CommetciaNdmeiiel Peck"; for consideration given by BANGOR HYBRO-ELECTRIC COMPANY, a mrpnmtion xgmiaed and misting wtiv the laws of the State of Mune and baying its Pnotipel Plena awoman, at Bmgar, Cowry of Pmommit, hear of McBq or receipt whereof is hereby w a rmi detlged does Mrtby give, goat and convey to mad Bmgm Hydra-Elxtie Coredauy, its aceessm and aatlgu forever, me n ots. Priv, letter mm ememmu tortoni tet mob, whom me ro be exerciad upon and with almost to an iamb of a strip of load or lite within NesotmidlmN. SaNradpbtlrgshoxmmm"Exmltlt A", etmchm M1erero mMmede apanhereof The rights, pnvJesto and emsanws hereby canvryW her utility pwpoxs with ampem to Read strip me as follows: to ents, spm and lands with meg and wmeymm and all tmcsEery mals, sentiment equipment and supdoes; to exm ora, ley, bury, im ill, emsumnt. m m mi sports, repah, rebuild, of remove malworowa wire+, able mnauaa, duels, moronism switching equipment, posorm, ma smor maicee, maMmes, and other acranii rated m no wti to, me trm i momm, of eleNmtr, as me Gordon herein may boom me totints desire, one mYm hoorah the 1,mar of the em[h; me not to mramil memory and amnio re era, mrongh of by and wire, cables, commu, dismiss M1wrformers, ewi rots ewipmmt, Prmttdve real salary retraces mi mhNes and other eppam mo and the node arm add strip dmi by my lawful mason of tress, unaagrowm and at or obewcdmm. Alm cmvrymg w .said Banger Hydso-lrmMc Cmmpmy, its emotions and nasion, the fight to pla¢ the memary aWvcgmcad pmmmmum mmeramm, mm alarmist devices, will, their . wary wines. cables contain, duns, rand hours, aache l Ihani won, then[memmw ord art ^'Iia @+ fight to transmit elections and in 1i9m , through anmM d by said wear, nit,, dmtl firmer, powt amn mainframes, and elector dnevices. Also cwvrynly me ngpt w extend ,wn, lies from mid stop to facilities aM buildings; an now, loratstl or to be lmcead on somwarrants . Alm cmvaying w .said Bm mor Hydra -Ea rm is Cgmpmy, its suaemrs and ands, me rights, privilege mm monsoon to con Nat, nationalist and opener r line of poles and wird wM her fixwras and suppoN, on a temporary buil, on said may in inch a mmm, as to provide electric anion inlaid ifirry and build oms being served by me herein describM tmdngmwa system; in the event a dealt scars Nme wamgomd system doing a period of was when it may be monsoon W impossible, run women mMitiwx mound terminate or mmerviu, on remain such underground system; read line a pro not wires to be do noaded by said Baogw HyaeeElecnic Carol when such mint is cumomr; not by transmit elemidry wd vmlligws ova said wits antl app teas, and clear its d'mpose of monitoring bees of otherown, Gomdmewtime. Do Grew for itself, and ate sucmmm and insists, wvmmms and age to and with the Gramm. its aevwm wd msiM that it will sett seem m m oral or pemue she erection or announce of my building, trader, mobile hmmq oritmmmg pool, women NVNn, ofmry dud or umem. nems said step, may mrall of which in the opinion of me Genese, its rmrcssov and aange, wo m co mmger or imakre earth that mu seciae of .. - any of me rights. rotation aW easurcms hereby restated. Alan wmeying m.tid Bmgp HydmElahic C Pmyr, iasuccaaas and stages, the not to mablish my and If rYery initiations which said Compmy, in its sole dimetria, deems memory and prmpa for the mountain, ofelectricity or inmlligmce, ml for the commission last maintenance ofsaxd poles,wirer, mchm; tablq cordd uto man, trannfimneq mmommag moment, protective aM sfery devices, manholes, and other ordinary icer or most for me wnsmision ofdecbiuty; my martinets, or Aidoon by ted Cmamm, is martinis mi auigms, as dememrred by the Grwee, of said inner immodesty, shall meadows an Ntaferevx rimand rem mm W for, nghq privileges said euement5 hereby good, This conveyance is masses to the Gmmee's consonant and assistant b pmmptly resbte the sbf of the Gmnbls land to its pnm conditions after an chwavadon as diaMbance to said satkceinextension wi@the emission of Ne nights, pnvilog¢and statements herein granted, Goch rexRmsen to estimated b regrading _ __ _. __ .. - tegtu'sceMin&a^dreazphaXingofavdanrface. AW cons fe ng to avid Bangs Hydb-ElecNc Compt its rvcwwta mW anesse. the fmrefto msiP _.._. _. In Others, in wlwle IX in Part, MY or all of Ne fight; privilege, n:[ businesses herein m foM. TO HAVE ANO TO HOLD do said nighµ pmilega and euemeou to said Bmtgm Hydra-Flernic Comwy. izma mwd09w.f r. M WfiNBSS WHBItEOF.Nesvd Ciry OfBmgm6v<aussd lNaimtmmentb beetecuced by its date authorvadreprcuntative this_ day OfNovti loon. CRY OF BANGOR By: FAwardA.Batrel Its Ciry Mmuga 4i1T{-4''6 t1tIFial Coonry ofPembsom, ss: NOvemba_, IM. Personally appeased the abovnnamed Edward A. Barrett sod acknostAged de foregoing businessmen be his free an"dead in his aforesaid capaity and the free m and deo] of said Ciry ofBangor. Before me, Boost Rint NameofNotary: