HomeMy WebLinkAbout2003-09-22 03-293 ORDERItem No. 03-293
Date: September 22, 2003
Item/Subject Order, GrantingUtilityEasementforThreePhaseUndergroundSeniice -
Hayford Park
Responsible Department: Engineering
Casnmentary:
The attached Order grants an easement to Bangor Hydro Electdc Company to Install three-phase electrical
service to the new Beth Pancoe Municipal Aquadc Centerat Hayford Park. Bangor Hydr Electric Company
has designed an underground line off Pole #9 located on Thirteenth Street. The line is to be owned and
maintained by Bangor Hydro. They would like to acquire an easement form the City to operate from Pole
#9 on Thirteenth Streat.
A copy of the proposed easement and location map is attached. om+ D 1 n,1/'t��
U
Department Head
Monais Comments:
;0M) &40
City Manager
Rmciated Infomtation: Order, Basement, Site Location Map
Budgnt Approval:
Finance Director
Passage C"AT
_ First Reading page _ of
Referral
CU -293
Aeaieoed to rbooei 1Y Ie SePteeber 22, 2003
A h;
X. CITY OF BANGOR
(TITLE.) Order, Granting Utility Easement for Three Phase Underground Service —
Hayford Park
By the Oty Cwwl of ffie Gly of Bangor.
ORDERED
THAT an Utility Easement Is hereby granted! to Bangor Hydro -Electric Company to
provide service to the new Beth Pancoe Municipal Aquatic Center at Hayford Park
for the Purpose of installing and maintaining an underground electrical service. All
work to be done in full accordance with City of Bangor Street Opening Regulations
and any additional requirements of the Qty Engineer and City Solicitor.
ID CITE COUNCIL
September 22, 2003
Passed
C CL@H
03-293
ORDER
Tllle. iv
Gravtg Utility Eeamevr for
Three Phase UadergrO d service -
Hayford Park
Assigned to
Councilor Tremble
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PANCALW NYGRO
ELECTRIC COMPANY
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6AN�OG, N✓JNE
PANCALW NYGRO
ELECTRIC COMPANY
03-293
KNOW ALL MEN BY THESE PRESENTS, That the CITY OF BANGOR, a municipal corporation
located in the County of Penobscot, and State of Maine, being the owner in fee simple of certain lauds located
in me City ofBangor, County of Penobscot, State of Maine, and described as follows, viz:
Being the premises conveyed by Hayford Peace, et as to the United States of America by a
declaration of taking dazed February 11, 1941, and recorded in the Penobscot County Registry of
Deeds in Book 1169, Page 114; Said premises being known as Hayford Pads;
for consideration given by BANGOR BYORO-ELECTRIC COWANY, a corporation organized and
existing under the laws of the State of Maine and havingits principal place of business a Bangor, County of
Penobscot, State of Mains, the receipt whereof is hereby aclmowlalged, does hereby give, gram and convey to
said Bangor Hydro -Electric Company, its successors and assigns forever, the rights, privileges and easanens
bereivafter set forth, which are to be exercised upon and with respect to so much of strip of ImW 20 feet in
width for its entire length as has within the aforesaid lands, beginning a utility, pole # 4located on the easterly
side of Thirteenth Street, thence emending eanedy, a distance of 230 had, more or less, to a padmouvt
transmitter; said snip being shown on "Exhibit A", attached hereto and made a part hereof.
The rights, privileges and easements hereby conveyed for utility purposes with respect to said strip are
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, repair, rebuild, and remove
underground wives, cables, condom, ducts, transformers, switching equipment, protective and safety devices,
manholes, and other apparatus used or useful for the transmission of electricity, as the Cvmted herein may from
time to time desire; upon and/or beneath the surface of the earth; the right to maroon electricity and intelligence
ova, through and by said wires, cables, conduits, ducts, truisf rmras, switching equipmeml, protective and
safety devices, manholes and other appamms, and the right to keep said ship cleared by any lawful means of
trees, undergrowth and all other obstructions.
Also conveying to said Bangor Hydro Electric Company; its successors and assigns, the right to place
the necessary movegaowd padmou it tarmar rim and electrical devices, with their necessary wires, cables,
conduits, ducts, and fixtures, attached thereto, within the aforementioned strip; with the right to transmit
electricity and intelligence over, through and by said wires,cables, conduits, docs, fmides, padmoum
trmsformers, and electrical devices. -
Also conveying the right to exteial service lines from said strip to facilities and buildings as now located
or to be formed on said premien.
Also conveying to said Bangor Hydro -Electric Company, is successors and assigns, the rights,
privileges and easements to construct, maintain and operate a line of poles and wives with their futures and
supports, on a temporary basis, on said Inds m such amamer as to provide electric service to facilities and
buildings being saved by the herein described undergmumd system; in me event a fault occurs in the
raw erground system during aperiod of unit 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 woes to be
dismantled by said Bangor Hydro -Electric Company when such fault is corrected; and to transmit electricity
and intelligence over said wires and appmams, and to clear and dispose ofinterfering trees and Other growth
"In tlm2'to time '
The Cnamor for.itselfand its successors and assuns, iovenavt and agme to ardwiffithe Grmtee, its
successors and assigns, drat it will nor erect or maintain of permit the erection or maintenance ofamy bidding,
trail¢, mobile home, swimming pool, or other structuni, of my kind or nature, upon said strip, any or all of
03-393
which in the opinion of the Grantee, its successors and assigns, would endanger or interf with the exercise of
any of the rights, privileges and easanents hereby 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 cables, conduits,
ducts, transF era, switching equipmeN, protective and safety devices, manholes, and other apparanss used or
useful for the transmission of electricity, any interference or violation by said Grantor it successors and
assigns, as detemunei by the Grance, of said safety regulations, shall constitute an interference with and
violation of the rights, privileges and easemaas hereby granted.
This conveyance subject to the Grmlee's agreement and covenant to promptly restore the surface of
the Grmwts laid to its prior conditions offer an excavation or disturbance to said surface in connection with the
eoftherigbm,priAleg rodeasernentsbereingmnted,mchrestorationtob H8 tMwmgmding, -
regmssseeding, and reasphalting of said surface.
Also conveying to said Barger Hydro-Electdc Company, its successors and assigns, the power to assign
to otters, in whole or in pan, any or all of the rights, privileges, and snowiness herein set forth.
TO HAVE AND TO HOLD the said rights, privileges and easements to said Bangor Hydro -Electric
Company, its successors and assigns, forever.
W WITNESS WHEREOF, the said City of Bangor has caused this instrumiera w be executed by its duly
authorized representative this day of September, A.D. 2003.
City of Bangor
By:
Edward A. Barrett - City Manage
STATE OF_MADM
County of Penobscot, as: Septembers 2003.
Personally appeared the abovd-round Edward A. Barrett and acknowledged the foregoing instmmeon to
be his fro act and deed, in his aforesaid capacity, and the $ee an aM deed of the City of Bangor.
Befineme,
Notary Public
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