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Home My WebLink About2005-09-12 05-288 ORDERIteml 288 Date: September 121005 Item/Subject: ORDER, Authorizing Execution of an Easeful Bangor Hydro -Electric Company - 931 Union Street Responsible Department: Legal Commentary: Eastern Maine Healthcare Systems has eased 931 Union Street from the City and is constructing a building to house Affiliated Healthcare Systems. The new building will have semoe from Bangor Hydro - Electric Company. This Order will grant Bangor Hydro -Electric Company an easement across the CWS property to provide access to the building for electrical power supply. The Transportation & Infrastructure Committee recommended approval at its September 6, 2005 meeting. Department Head Manager's Commands: Recommend approval. The Council has previously granted an easement to Bangor Ws for natural az supply to the property. City Manager Budget Approval: - Rnarue Director r.ryar ePyrvi City Solicitor Introduced for Consent Agenda X Passage _First Reading Page 1 of 2 Referral 85 288 �%a�zMr Assignedto Councilor Allen septoaei 12, 2005 CITY OF BANGOR (MILE.) ORDER, Authorizing Execution of an Easement to Bangor Hydro - Electric Company -- 931 Union Street WHEREAS, the City of Bangor is the owner of property at 931 Union Street; and WHEREAS, the qty of Bangor has [eared said property to Eastern Maine Healthcare Systems for the purpose of constructing a building; and WHEREAS, Bangor Hydro-Elechic'Company is requesting an easement across the City of Bangors property to provide service to the building that Eastern Maine Hea lure Systems is constructing; NOW, THEREFORE, BE IT ORDERED BY 11HE CRY COUNCIL OF THE CRY OF BANGOR THAT The City Manager Is hereby authorized and directed, on behalf of Use City of Bangor, to execute an easement to Bangor Hydro -Electric Company for the purpose of providng service to the building located at 931 Union Street -Bangor. Said Easement shall be in a Anal form approved by Me Cly Solicitor or Assistant City Solicitor. x n� m o snas ` nae)Aughnilsiog ®Reilou C[ £an a Saner Company - 931 Onion Street Awigmtl to C..d.,rlAJ(WA -77 IINOw ALL MEN BY THESE PRA"s, That cnY OF BANGOR, a hlaitw mu icipal corporation having a place of business at 73 Barlow Street, in Bangor, Conary of Penobscot, State of Maine, being the owner in fee sirmle of certain lands located in theNy ofBaagor, County of Penobscot, State of Maine, and described as follows, viz: Being the same premises conveyed by the United States of America to the Grantor herein by deed dated November 22,1999 and recorded in the Penobscot County Registry of Deeds in Book 7252, Page 222; 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 an Bangor, County of Penobscot, State ofMam%the receipt whereof is hereby acknowledged, does hereby give,!rant and convey to said Bangor Hydro-Ele a is Company, its successors and assigns forever, the rights, privileges and easements hereinafter set forth, which are to be exemsed upon and with respect in so much of ship of land 20 feet n width for its entire length as lies within the aforesaid lands. Said strip being shown on "Exhibit A",attached hereto and made1 'a part hereof. The rights, privileges and easements hereby conveyed for utility proposes with respect to said strip ere as follows; to enter upon said lands with mm and conveyances and all necessary tools, machinery, equipment and supplies; to excavate, lay, bury, install, construct, maintain, operate, repay, rebuild, and remove underground wires, cables, conduits, ducts, transformers, switching equipment, protective and safety den manholes,and other apparatus used or useful for the transmission ofde uricity, as the Grantee herein may from time to fine desire, upon stupor brneath the surface of the earth; the right to transmit electricity and intelligence over, tlroogh and by said wires, cables, conduits, ducts,.transformers, switching equipment, protective and safety devices, manholes and other claimants; 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 -Electric Company, it successors and assigns, the right to place the necessary aboveground padmomt transformers and electrical devices, with their necessary wires, cable, conduits, ducts, and fixtures, attached thereto, within the aforementioned strip; with the right to transmit electricity and intelligence ova, through and by said wires, cables, conduits, ducts, fixtaes, gadabout transfinamrs, and electrical devices. 1 Also conveying the right to extend service lines from said strip underground to facilities and bd'Vdings as now located or to be located on said premises. Also covyeyir(g to said Bangor Hydro -Electric Cotupevy, its successors and assigns, the rigWs, privileges and ea; mems m construc5 maintain and operate a live ofpoles mWwires with then fixtures and supports, ov atemapotury basis, on said lands in such a rnemta as n provide electric service to facilities and bWldings being servedby-tlu: heroin described underground system; in the even[ a fault acture in the undee®orad sys[ein during a period oftime whrn it may be difPcWt or impossiblq due to wwther conditioru, ground conditions'm otherwise, to regain mchuvdergomd system; said line ofpoles and wires m be dismantled by seri Bangor HydroElectric Company when such fault is corzected; and to trmmtit electriciTy and intelligence oyer said wires and apparatus, and to clear and dispose ofinterfaing trees and other growth Also conveying the rights, privileges and;psemente to construct, maintain, operate and upgrade Gom time n fine on said lands, for utifitypurpows, a lineconsisting of one pole, anchor ant wires wird the necessary fixhuesand supports, the location of which being described as follows: beginning an the northeasterly bound of Union S h approximately sixty feet soutnsomerly from the most westerly comer of the aforesaid premises; thence r ening contrary on the promises a distance of approximately one hundmd fifty fat to the pole location; saidtole location being approximately len feet southeasterly fiom the northwostax1v bound of the with the right to transmit electricity and intelligence over and other growth from lime to fine. The (humor for itself, and its successors and assigns, covenants and agrees to and with the Cwatdee, its successors and assigns, than it will not exert or maintain or permit the erection or maintenance of my building, railer, mobile home, swimming pool, or other structure, of my Idrd or wants, upon said strip or within IS last of said fine, my oriall of which in the opinion of the Grantee, itasuccessors and assigns, would endanger or interfere with the ekemise of my of the rights, privileges and easement hereby conveyed. 005 -tae Also conveying to said Bangor Hydro -Electric Company, its successors and assigns, the right 0 11 establish my and all safety regulations which said Company, in its sole discretion, deems necessary and -proper' for the transmission of electricity An intelligence, and for the construction and mmimwmce of said pole, winds; anchors, cables, conduits,Runs, transformers, switching equipment, protective and safety device, manholes, . and other'appoorms; used or useful for the tmosmiSaint ofelectriciry; my interference or violation by said Grantor, its successors and assigns as determined by the Grantee, of said safety regulation, shall constitute an Interference with and violation of fire rights, privileges and ease nems hereby granted Thus conveyenw is anbjectto the Grantee's agreement and covenantto pmmpdy restore th6awfifaOn of the Gonndar's land to its prior conditions after an excavation or distorbanw to said surface is connection with the exerdse ofthe�rights, privileges and easements herein granted, such restoration to be limited to regrading,'. Is'! regass-seedivp, and reasphalting of said smfce. .. ' assiig Almwnvey tosaidBangor Hydro -Electric Company,its sucwssurs andnsigfo,W ,w,i,, assign to others, In wdole m u part, my or all of[he rights Privileges aM easements herein set forth.-_; , ; ,� , r.r TO HAVE AND TO HOLD the said fight, privileges and easements to said Bangor Hydro-ElmKc, Company, its suaessors and assigns, forever. ;Y, I0 IN WITNESS WHEREOF, fire said City of Bangorhw mwdthds instrument,[q be axe Wed;by its duly audmx'vedxepresenmtive this 12 nday of September, 2005. • '/ i 1v� �% MITI WiTEWlxl •'CdYlnty of Penobscot as: September /l 2005. Personally appeared the above -roamed Edward A. Pemett and aclmowledged the foregoing instrument to be his free rot and deed in his aforesaid capacity and the fee act and deed of and municipal coryond iot. Behan me, Notary £nM Name ofNotary: NORMAN S. HEITMANN, III NOTARY PUBLIC - MAINE MYCOMMISSION EMPIRES JANUARY 31,2011 NOTE PROPERTY LINES ARE BASED ON A PLAN ENTITLED "PLAN SNOWING PROPOSED LEASES 6 EASEMENT AREAS, PROPERTY OF THE CRY OF BANGOR, UNION STREET. BANGOR, MAINE` DATED 3/25/05 AND PREPARED BY AMES AA Of BANGOR, MAINE. EXHIBIT "A" LINE TABLE FOR EASEMENT Ll N 79106-46- E 74.9 L2 S 10I E 200 (UNDER V V V BR. WRA — PE. M8 L4 S 5043-00- W 41D 2 CONCRETE Ln` NO DLL m^ Irs , T7 N 504300 E 377- W OR FORMERLY CITY' OF BANGOR NOW GO FORI BENJAMIN ORANO OR Z515 — P9 21 OR. 6928 — OR .286 REAR G CORREA #05-288 \ Y11" ' —FROM) CONI\\ (UNDERPAR NOW OR FORMERLY "L PARKING AREA CONSTRU690N) (UNDER V V V BR. WRA — PE. M8 Rq �� 9iT 2 CONCRETE Ln` NO DLL m^ Irs , \c 'DOUGLAS N BROWN" BUILDING NO EASEUEN} (UNDER CONSTRUCTION) AREA 12}m sFJ NOW GO FORI BENJAMIN ORANO OR Z515 — P9 21 OR. 6928 — OR .286 REAR G CORREA #05-288 \ NOq NOW OR FORMERLY EASTERN BR. WRA — PE. M8 _ — 3/4' REBAR (TOP GENT) -----60 120 CERTIFICATED30 I HEREBY CERTIFY %AT AS OF AUGUST 15, 2005 SCALE" I - 60' THE UNDERGROUND CONDUITS HAVE BEEN LOCATED WITHIN THE BOUNDS OF THE EASEMENT AREA AS INDICATE PLAN (E u'iiii SHOWING LOCATION OF ,o4(P... UNDERGROUND ELECTRIC EASEMENT JOHN ALLEN. PLS /2311 ?° JOHN °'; SERVING THE H. UGLAS H. BOWN" ALL 231 UNION STREETRBANGOR,ILDING MAINE ' FOR BANGOR HYDRO -ELECTRIC COMPANY III NUN US FWDCSU OK I2B all 2N 06 288 "Sro� EXHIEIT "A" �—Re=T �. — rsoa � )UREAS, PRONERTY OF ME OW So 1 0 CERMCAMM OF OF a'1 S 55u.¢o c E:Ro µngrv� M Amy ME SOUNDS OF ME [HYAREA AS OF error w lay SUNCOP Mux[. UNDERGROUND ELECTRIC EASEMENT SERVING THE _' U 'DOUGLASEET eaSso- e HANSON, MAINE UNION STREET. BFWGOR, MAINE L7 5043M E 377 BANGOR HYDRO -ELECTRIC COMPANY ro � a coSz of v.uF`TT7ED WON) III NUN US FWDCSU OK I2B all 2N 06 288 "Sro� �—Re=T �. — _enexa`Tj3D � So 1 0 CERMCAMM A� OF a'1 S 55u.¢o LOCATED ME UNDEREWEOND CO'NDUARDM44 ME SOUNDS OF ME [HYAREA AS PLAN SHOWING LOCATION OF g`� jQft� ��e¢i JOHN PITLm� / JOHN \ 9 UNDERGROUND ELECTRIC EASEMENT SERVING THE _' U 'DOUGLASEET _ ALLEN � e; HANSON, MAINE UNION STREET. BFWGOR, MAINE R311 e OR BANGOR HYDRO -ELECTRIC COMPANY