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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 14) PANCALW NYGRO ELECTRIC COMPANY 1 IWWV 1••60 1 O 25 50 I /J A wr. `alp - FLAN 5HOMN6 LOCA110M SOF worrzlkaw -� ELECIRIC EA5EMENf 4 NAl'PORV PA? 7ARK 700E WA �,�� iNIRlEENM SiKEEf ' 'w ia5rrca�i�camrvrs�oa..l wawa 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 Print Time of Henry: