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HomeMy WebLinkAbout2003-06-23 03-214 ORDERRem No. 03-216 Date: lune 23, 2003 Item/Subject Order, Granting Utility Easementto Bangor Hydra Electric Company -Airport Property off Downing Road Responsible Department: Engineering The attached Order grants an easement to Bangor Hydro Electric Company across Airport properly located off the end of Downing Road for installation and maintenance of an overhead pole line extension. The purpose of this installation is to protide service m Maine Ar National Guard facilities near the northwest end of the runway. The Airport Department has rewewed BHE's request and finds it acceptable. A copy of the proposed easement and location map is attached. Department Head Comments: L3 City Manager Associated IMormation: Order, Easement, Location Sketch Frahm Dinxtor A— City Solicitor Introduced for Csrr2r 3� Passage _ First Binding Page _ of _ Referral 03-216 n; Assigned w Cowcilar Mien June 23, 2003 CITY OF BANGOR (MME.) Order, Granting Utility Easement to Bangor Hydro Electric Company — Airport Property off Downing Road By the Oty Counal oftl a Ory of Bangor. ORDERED, THAT, the qty Manager is hereby authorized and directed to execute an easement granting rights to the Bangor Hydro Electric Company to install and maintain a utility pole within Airport property, beginning at the end of Downing Road and extending southwesterly to MCANG Facilities. BE rr FURTHERED ORDERED, THAT the easement be in a form acceptable to the City Solicitor. Save 23, 2003 Peeved CI ORON8 Assigned to Counc%ilor�My 9' V v" _ off ASSENT TO GRANTING OF POLE LNE EASEMENT KNOW ALL MEN BY THESE PRESENTS, That UNITED STATES OF AMERICA, Department of the AG Force, is the owner and holder of a Lease which consmutes a legal interest in and W certain real estate located at Sargon, County of Penobscot, State of Means, described in a Lease Agreement dated April 25, 1986, and the Supplements thereto dated Jure 30,1995 and March 28, 1997, to which reference may be had for a .smarmat of the terms and conditions of said legal inmen and a description of the premises, both being incorporated herein by reference with the same effect as if My set forth herons, tat the owner of said premises, City of Bangor, who by Easemeut Deed dated ,2003, conveyed in Bangor Hydro+Elechic Company, certain rights, privileges and easements therein fully set font, which Pannonia Dead is recorded or is W be recorded at said Registry of Deeds and in which reference is made fin a statement of the rights, Privileges and easements so conveyed; that but consideration given to the owner and holder of said legal imerest, the receipt whereof is hereby acknowledged, the wdmsigoed, owner and holder of said legal interest does hereby assent to the funding as aforesaid of said rights, privileges, and easements and to the exercise thereof by said BANGOR HYDRO -ELECTRIC COMPANY, a Maine corporation organized according to law and having an established place of business at Bangor, Maine, its successors and assigns forever, free from operation of the aforesaid legal interest. NW ESS WHEREOF, de, said United States of America, Department of the Air Farce has caused this instrhmhent to be executed by itsduly submitted] representative this day of May, 2003. UNITED STATES OF AMERICA Department of the An Force DRAFT By: Print Name: Its STATE OF MANE Cowry of Penobscot, ss:May 2003. Personally appeared the above-named and acknowledged the foregaigginmumevt to be free act and deed in the aforesaid capacity and the fire act and deed of the United Smtes ofAmer m. Before me, Notary Public Print Name ofNomry: 0}214 KNOW ALL MEN BY THESE PRESENTS, That CITY OF BANGOR, amunicipal corporation located in the County of Penobscot. State of Maine, being the owner in fee simple ofcertain lands located in the City of Bangor, County of Penobscot, State of Maine, and described as follows, viz: Being the premises conveyed to the Grantor herein by several deeds dated add recorded in the Penobscot County Registry of Deeds as follows: Deed from Harvey R. Sprague of al dated June 27,1989 and recorded in Book 4469, Page 96, Deed frmn Muriel B. Downing dated February 1, 1991 and recorded in Book 4799, Page 187, Deed from Charles W. Sprague, Jr. dated July 1, 1991 and recorded in Book 4866, Page 76, Deed from Charles W. Sprague, IT. dated Dec. 11, 1992 and recorded in Book 5227, Page 64, Deed from United States of America dated Dec. 18,1968 and recorded in Book 2148, Page 67, Reference is made to a Lease Agreement dated April 25,1986, and the Supplements thereto, between the Grantor herein and the United States of America (Department of the Au Force). See plan entitled Standard Boundary Survey, Land To Be Acquired, Maine Air National Guard— Bangor, dared March 1990 and recorded in said Registry of Deeds in Map File D139-92; for consideration given by BANGORRYDRO-ELEC CCOIVB ,awtporafionorgaoiudand existing undu. the laws of the State of Maine aM having its principal place of business m 33 State Street, Bangor, County of Penobscot. Sere of Maine, the receipt whereof is hereby acknowledged, does hereby give, giant and convey to said Bangor Hydro -Electric Company, its successors and assigns forever, the rights, _ privileges and easements to constraq, maintain, operate and upgrade from time to time on said lands, for utility purposes, a line consisting of poles, anchors and wires with the necessary fixtures and supports, now located on the aforesaid premises, the approxuriete location of which being shown as "New Poles & Wires" on a portion of the aforesaid Map File D139-92 marked Exhibit A, attached hereto and made apart hereof; with the right to place anchors and guy wires as necessary for support of said poles; (See prior easement from the Greater herein to the Grandee herein dated March 6,1996 and recorded in said Registry of Deeds in Book 6088, Page 139); with the right to transmit electricity and intelligence ova said line, and to clear and dispose of interfering trees and offset growth from time to time, with permission to enter upon the said lands for the above purposes; farther Stenting to said Bangor Hydro -Electric Company, its successors and assigns, the power to assign to others, in whole or in part, any or all of the rights, privileges aW easements herein set half. The Grantor for itself, and its successors and assigns, coverevt and agees to and with the Grantee, its successors and assigre, that it will not erect or maintain or permit the erection or maintenmce of any building, hails, mobile home, swimming pool, or other structure, of any kind or nature, widen 15 feet of said line, any or A of which in the opinion of the Connote, its successors and asdgm, would endanger or interfere with the exemnse of any of the rights, privileges and easemems hereby conveyed. TO HAVE AND TO HOLD the said rights, privileges and easemems to said Bangor Hydro -Electric Company, its successors and assigns, forever. 03-216 IN WITNESS WHEREOF, the said City of Bangor has caused this iretmment to be executed by its duly authorized representative this day of May, 2003. CITY OF BANGOR By: Edward A. Borten Ito City Manager STATE OF MAINE County of Penobscot, as: May 2003. Personally appeared the above-named Edward A. Barrett and acknowledged the foregoing insunanem w be his fixe act and decd in his aforesaid capacity and the free act and deed of said municipality. Bef me, Notary Public Print NameofNotary: //LON PIPETO EE SET 422530.3329 896305.3044 -REMA/N/NG LANG CHARLES WSPRAG UE .(R ($EE PARCEL ASA -IJ CEL A-1 NA I NARISPRAGUE 1 OANICLR /EL G. SPRAGUE I I BA9- i F4197 MAPP R-5, LOT 9 W000 STAKE (TYP) PARCEL A 719A . 78 AC. w k6REBAR– p N "too 37/.12 '2 m PARCEL C 379 AC. IEE _._. _...p _N53:5//00 7ET41L A� 1 yL D3 214 OETd IL A N,16 IPF05 QEBAR 61TY OF BA/ —i'/j/G� (SEE PARC&. ulGgl Ll1-��."- �pp3.95' SYMBOLS - - —o-- New Poles &Wires —4— Previously Existing Poles &Woes (See B emem, Bk 6088, Pg 139) 3 67/ AC. 'n � 5 V m r i 1 04A2EO rREELINES T.r{ A3B.O4 9 W 7R .N.54•5O k5 QEBAR I � -c"IPF /NllaH � el PAR< n 2/O e121m 121 N53=5/00 W - 3 zso 8�.� 'I1zt 26, 1/763 �8-4ATE Portion of Standard Boundary Survey Prenared by HTA-0FCT A,,n ioow