HomeMy WebLinkAbout1991-02-11 91-95 ORDER611
y2-11-91 ur'
Date
Item Na. 91-95
Item/Subject: Authorizing Execution of Pipeline
Agreement with Mobil
Pipe Line Company -- Wastewater Treatment Plant
Responsible Department: Legal
Commentary:
There is an existing pipeline crossing the property acquired by
the City from the Maine Central Railroad for
the neW Wastewater
Treatment Plant. The purpose of this Order
is to replace the
existing easement with anewand to provide
for the
relocation of the pipeline to permit the construction
of the
new Wastewater Treatment Plant.
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Associated Information: Order, Agreement
Budget Approval:
W ,e0ire
Legal Approval
c;rr saa,;ro,
Introduced For
lVarnage
❑ First Reading
❑ Referral
Page _ of_
91-95
Aerigned to CosncJor Frankel, February 11, 1991
CITY OF BANGOR
(TITLE.) 0rUr,Apchoryzing....9xecutipn ¢f..Pipeline_Agreement with ......:
Mobil Pipe Line C mpanx _- Wa8t W ter T[e tPl t Plant
By MR city CouruB eft Cit ofamlyar:
ORDERED,
TAT the City Manager is hereby authorised and directed,
on behalf of the City of Bangor, to execute a Pipeline Agreement,
a copy of which is on file in the office of the City Clerk, with
Mobil Pipe Line Company, for purposes of providing for the
relocation of an existing pipeline on land owned by the City
and designated for the new Wastewater Treatment Plant.
1 91-95
.,i
ORDER
IN CITY COUNCIL 'A{'
February 11, 199 k# Title,
Pa
Authorizing 8necutlon of P1Pel1 e A
CI LE&M
�{ 'e4F'NFil Pipe Line'C'�eFy- Waste
meTreatnt Plant
...... .........
t
ma
U.F ........
�n ni ma
fi
Mobil Pipe Line Company
Mr. John L. Murphy
City of Bangor
Sngineerieg Dept. - 2nd Floor
73 Marlow Surest
'Bumper. ME 04401
Dear Mf. Murphy
91-95
LWTNruwn;;o m
,
January 21, 1991
PAB-2 B 3
CHEVRON CORRECTION
CITY OF BANGOR
PENOHSGOTT COUNTY, ME
8" PIPELINE RELOCATION
POR WASTEWATER TREATMENT
PLANT UPGRADE
On January 15, 1991, we sent to your office an agreement for the relocation of
our pipeline to accommodate the wastewater treatmeat plant.
We enclose a correction
ection of pages 2 and 3 of that agreement which is changed to
aeon that Item 4covers Phase I and II work, and Items 5, d, J and 8 cover
Phase III work.
Please substitute the enclosed Pages 2 and 3 for the news seat to you with our
January 15, 1991 correspondence.
Very truly yours,
EP. Graves �—
Might
of Way
Representative
EM/em
or: N. L. Grissom-Dallaa
J. H. Jouette-Midland
M. Smayda-Rochester
91-95
Edward A. Barrett - Page 2
1. BANGOR agrees to grant a new easement for the crossing of
the property it currently awns along the route for said
relocation as shown on Exhibit "A". BANGOR hereby
acknowledges the terms and conditions of the Exhibit "B"
right of way agreement, which includes a center line
description Of the new pipeline location and agrees to
execute the same upon return of this letter agreement.
Phase I S II Work:
2. MOBIL estimates the cost Of laying approximately 1240'+ Of
6 -inch pipe and thereafter removal of approximately 1086'+
f existing pipe, as shown on Exhibit "A", to be
$228,943.00, including a 19.11% overhead factor. Said
estimate does not include any cost for rock excavation.
Phase I b II Work:
3. BANGOR agrees to be responsible for 622 of the actual costs,
including the overhead factor of relocating said 6 -inch
pipeline and removal of said existing pipe as shown on
Exhibit "A".
Phase 6 If Work:
4. Within sixty (60) days following completion of the work and
accumulation of the cast, MOBIL will send BANGOR an invoice
showing the actual cost, plus overhead for the work to
relocate said pipeline and removal of said existing
total
pipeline. BANGOt will
Overhead withinayment representing
thirty(30)2e
days of
receipt of theualn invoice.
Phase III Work:
5. The parties agree that in order to meet the construction
schedule to accommodate BANGOR'S project, the pipeline will
need to be relocated prior to the placement of any fill by
BANGOR within the new right of way in the area located west
of the proposed Secondary Clarifier Mo. 1 and as indicated
on Exhibit "A". The proposed fill will place approximately
14 to 16 feet of fill, which is excessive depth for the
required need for immediate access to the pipeline in the
event of an emergency.
91-95
Edward A. Barrett - Page 3
Phase III work:
6. MOBIL estimates the cost to lay a new segment of pipe to a
depth of 4feet below the completed new grade within the new
right of wa9.11%
y1as ho overhead factor.
Exhibit to be $8,652.00,
including
Phase III Work:
7. BANGOR agrees to pay MOBIL one -hundred percent (100%) of the
actual cost, including the overhead factor to lay a new
segment of pipe to a. depth of four feet (41) below the
completed final grade for a distance of approximately 155
feet in the area west of Secondary Clarifier No. 1 as shown
on Exhibit "A^.
Phase III Work:
s. Within sixty (60) days following completion of the work and
accumulation of the cost, MOBIL will send BANGOR an invoice
showing the actual cost, plus overhead for the work to
relocate said pipeline. BANGOR will remit payment
representing loot of the total actual cast, plus overhead
within thirty (30) days of receipt of the invoice.
Following the return of one copy of this letter agreement signed
by the proper officials of BANGOR and execution of the right of
way agreement Exhibit "B", MOBIL will arrange, at a time
convenient to both parties to begin the adjustment of its
pipeline.
Very truly yours,
S.H. Jouette
Division Manager
EPGraves:jcm
encls.
APPROVED AND ACCEPTED this
day of , 1991
CITY OF BANGOR
By:-
cc: E.P. Graves - Rochester
W.L. Grissom - Dallas
M. Smayda - Rochester
91-95
Mobil Pipe Line Company
January 15, 1991
Mr. John I. Murphy
City of Bangor
.Engineering Dept., 2nd Floor
73 Harlow street
Bangor, ME 04401
RAE 2 & 3; CHEVRON CONNECTION
CITY OF BANGOR; PENOBSCOTT
COUNTY, MINE; 611 PIPELINE
RELOCATION FOR WASTEWATER
TREATMENT PLANT UPGRADE
Dear Mr. Murphy:
Enclosed is a draft of agreement for the relocation of our
pipeline to accommodate the subject project. we have also
highlighted the change in the 2nd page of the easement, which I
discussed with you in our recent telephone conversation.
If the document meets with your approval, please advise and I
will send you the final documents for execution.
Very truly yours,
Eugene P. Graves
Right of Nay Representative
EPG:jcm
encl.
91-95
DenF�r
Mobil Pipe Line Company
TELEFMONEMP�W 7510
Mr. Edward A. Barrett
City Manager
.City of Bangor
73 Harlow Street
Bangor, ME 04401
January 15, 1991
PAN 2 b 3; CHEVRON CONNECTION
CITY OF BANGOR: PENOBSCOTT
COUNTY, MAINE: 6" PIPELINE
RELOCATION FOR WASTEWATER
TREATMENT PLANT UPGRADE
Dear Mr. Barrett: 11
This letter, when signed by both parties, shall constitute an
agreement between Mobil Pipe Line Company, hereinafter referred
to as ^MOBIL", and the City of Bangor, whose address is 73
Harlow Street, Bangor, Maine 04401, hereinafter referred to as
"BANGOR".
MOBIL owns and Operates a 6 -inch petroleum products pipeline in
through and across property owned by the City of Bangor located
in the City of Bangor, Penobscott County, Maine, known as the
Bangor wastewater Treatment Plant and in, through and across
lands adjacent to said plant recently purchased by the City of
Bangor from the Maine Central Railroad.
The existing pipeline is maintained and operated across said
lands by virtue of easements from the City of Bangor dated
August 20, 1973 and recorded in Volume 2402, Page 280 and from
Maine Central Railroad Company dated April 22, 1974 and recorded
in Volume 2454, Page 339 in the Penobscott Registry of Deeds
Records.
The City of Bangor has given notice to MOBIL of its plans for a
Primary Wastewater Treatment Plant Upgrade within the limits of
the above described easements, which will require the relocation
of said 6 -inch pipeline into a new right of Way to be provided
by the City of Bangor. The extent of work required to relocate
said 6 -inch pipeline is shown an the attacheMO
attached BIL Drawing No.
PAB-Chevron Connection -2 9 3,
MOBIL hereby agrees to relocate its pipeline to the new right Of
way to be provided by BANGOR as shown on the attached Exhibit
"A", subject to the following terms and conditions.
91-95
Mr. Edward A. Barrett - Page 2
1. BANGOR agrees to grant a new easement for the crossing of
the property it currently owns along the route for said
relocation as shown on Exhibit "A". BANGOR hereby
acknowledges the terms and conditions of the Exhibit "B"
right of way agreement, which includes a center line
description of the new pipeline location and agrees to
execute the same upon return of this letter agreement.
Phase I 6 II Work:
2. MOBIL estimates the cost of laying approximately 12401+ of
6 -inch pipe and thereafter removal of approximately 10661±
of existing pipe, as shown on Exhibit "A", to be
$228,943.00, including a 19.11% overhead factor. Said
estimate does not include any cost for rock excavation.
Phase I 6 II Work!
3. BANGOR agrees to be responsible for 628 of the actual costs,
including the overhead factor of relocating said 6 -inch
pipeline and removal of said existing pipe as shown on
Exhibit "A".
Phase I Work:
4. Within sixty (60) days following completion of the work and
accumulation of the cost, MOBIL will send BANGOR an invoice
showing the actual cost, plus overhead for the work to
relocate said pipeline and removal of said existing
pipeline. BANGOR will remit payment representing 62% of the
total actual cost, plus overhead within thirty (30) days of
receipt of the invoice. -
Phase II Work:
5. The parties agree that in order to meet the construction
schedule to accommodate BANGOR'S project, the pipeline will
need to be relocated prior to the placement of any fill by
BANGOR within the new right of way in the area located west
of the proposed Secondary Clarifier No. 1 and as indicated
on Exhibit "A". The proposed fill will place approximately
14 to 16 feet of fill, which is excessive depth for the
required need for immediate access to the pipeline in the
event of an emergency.
91-95
Mr. Edward A. Barrett - Page 3
Phase II Work:
MOBIL estimates the cost to lay a new segment of pipe to a
depth of 4 feet below the completed new grade within the new
right of way, as shown on Exhibit "A" to be $8,652.00,
including a 19.11% overhead factor.
Phase II Work
7. BANGOR agrees to pay MOBIL one -hundred percent (100%) of the
actual cost, including the overhead factor to lay a new
segment of pipe to a depth of four feet (4f) below the
completed final grade for a distance of approximately 155
feet in the area west of Secondary Clarifier No. 1 as shown
on Exhibit "A".
Phase II Work:
e. Within sixty (60) days following completion of the work and
accumulation of the cost, MOBIL will send BANGOR an invoice
showing the actual cost, plus overhead for the work to
relocate said pipeline. BANGOR will remit payment
representing 1DO% of the total actual cost, plus overhead
within thirty (30) days of receipt of the invoice.
Following the return of one copy of this letter agreement signed
by the proper officials of BANGOR and execution of the right of
way agreement Exhibit "B", MOBIL willarrange, at a time
convenient to both parties to begin the adjustment of its
pipeline.
Very truly yours,
J.H. Janette
.Division Manager
EpGraves:jcm
encls.
APPROVED AND ACCEPTED this
day of , 1991
CITY OF BANGOR
By.
cc: E.P. Graves - Rochester
W.L. Grissom - Dallas
M. Smayda - Rochester
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BUY AMERO NCY meal this —day of . 19_
by tyeal reOF ARROO, a eo
f"i eptaMoe located In t
faulty IfPmo6ucoe state of Bales (Ctaeto,). aid OEM PIPE Mal MWANY,
a corporation reignited Cleat [M lure of the State of Delaware (Otaetee).
. foe •M • "'e of the a Por an
SLe other
etwe
♦ai.hletw.aide..'•ed t w
et.named w pa
e rtoat
es o he kept . ad
.r orn e..bytBruce, to vt .Object to
LewrmlOatiw se leere Smile, proelded Me lie a ems woeLlons and
e.. w tcontained, a right of o ley. _
virtual. r teem, st= ties to Me, MarMalle the me If, Ali
ramerc nn, or tote plpell.aa M .vi h "Lee* used ate my be . es..r
.twreelentor tee. .tl=n n e roLw aa O . n PM
r e roleM
late n q uMealong and wrote "Maio ti
eats a tle 1 in
the City of hevgoq Penobscot County, More If Mile, end described ae felleml
teepee d If a t ed lead t y-fbe (35) feet 1
thw,dbe'a l Cartel, 2.68 a mad by the
City hof Burger. carpets"oMMM, C=v Mid 2.66
pe"Wolrecorded I Relays IW5, Pye 387 of the Cecil Records
teC.ad m through, and .
of way oMed e e e B t Xrw-eicteleuCoePOM . =rded 1n enure
1314. Page 452yof0the C MdI of PMOMcIt faulty, Melcei tell
through a wry! OF the City If
continuing
recorded in es 4434, Peg 305: Falcate 4434. Page 208:
Values 4607 Page 50i Volae 4421. Pigs 316' VMma MM, P 203: led
Volume 4717. page My of eM Deed Records of Peuobazrt County, Mine
all being axe particularly dea=ri6tl an foil",
6eedamrg at • post 1. a 1£m: laid line 4W6 me northeasterly
e £ e tail 2.68 a elle 1075. Boge 87
in meet Bead Records of Pev t County,ON.Sae Said MOM 'let bed's
erly dim M of load could in
MCMI 013
Crop .. Mw ua recorded 1,=lux 629. hse 20 of Ma lend lacteal
ta
oaidBu re being e y
dletaxeof 8990 felt, M a plot
xthmet c laid 2.60 e r 9 98°R32. 00" M. 6.72
feet [true 8 52° 46ie45� Y,67.74 fee a pet Gael
N 52'.40' 41' V, 35.99 fact to a [e£oy thee.. 9 37'[34' 18' V. 283.83
feet to ,point; po
thee.. 6 66' 39' 37" M. 107.23 Feet to a int; Chance
5 42' 10. 15' W. 244.11 telt to a pl.ty rumors,rumors,8 41. 10' 41' V. 60,30
feet
944't57' 451ng. 237.91 feel tele polo[: Ibbear, S 44.033' 6turner4' be662
feet to a pile: Gere 8 00' 19' 25" R. 56.51 feet to o p010q Gaece
8 55' 51' 14' 2, 20.09 Peet to a wing theca=e 8 55' 49' 51' Be 111.98
feet to a ply{ Gmue 8 34' le' Ol- M. 10.00 feet to s po104 being
t as utheaeteMy proptty line if Me
Renault; said rerlloe
,retailing 1.360.81 feet, stat 11 1111
Bald picelte o peltee ebgll M fail and,
e
d Su .tto...a
"th plant env Stied ' aMrr Terminal, Cnevtvo6' Houle] Line', 0...lag
I'. -139"L, Hamilton 3, jar"
an fill in the eeflee of the City BOBlmea, City gall, Golan"
nil Na° o Cepleeee Sng ° re tl
nt bate, the iCity of
don " 'ad H"'i pipe no& CnmeaY dated "goal 30, 1973, and treaded In
V'I=, 2401, Pae 380 1n the lead Beeatde Of Peob¢ot Gantry, mime; and the
entering a,.."at bstmen ta, Wine Central UVV'md Charley tad Mobil Pipe
¢y l
Ma Campdot April 33, 19]41 end !tattled in Velma 1454, Page 339 to
to peed Race,"ofP oMnnt Coarty,WSm.
ran Pottle, fWth,Om,W,W led opera that mly me WGWW
If
PVWIVIe later" be. ea the City a B ec Ptamety If" a Mfhthe
mall Oil R t t nn land " retordho tinn Bye 20 not the amn
Betmde not . llntCounty, am r at r1 ,clotyliof w ne nneedW t
an
av<nr Mrye- le re CoMmy IS hc°edrdm I' Volame 1334, Pme 4g1, . ll be
"bJentto sm
Is and toldltin a e6 en11m.:
" " totally remene the righto fully nee lard en]oy Said
potatoes " I an °r oe .°harp Had wma ime for Ste mm Surposea, Idelaring;
b" hot
red
ion RM
WZNRW
f"little.,Pv tidynlaeeedt°dlatent t mime
d right a ae enev ver,
LL e , HLL.
'"ll" if arta P helm. or Ps it "a merltm an ale. e . ane
rs� Or 11
kLLe�nLL aCIll Cte tate Greater
LLderight of may. Grantee .SaeF to %pt eta o
e'" mi mmk t
attain Italy (60) days after ar tte, rqum[ Prim err
aOke all me ar aMlonto lore, calOMtt arsten. vta&" piglie
o pipelines g m e required by Grantor, the eve emhli mg,
Cel,mt " or e w
nWomen as u rev
o WIPWWS
Htb What", and if n
feasible, of mt mtmeele +tar Crmt,re
lee age 0, Said
Wall'"' "all gra an "atitmml right of .ay for portaes of said
nearing, moment" or omonstroetim.
1. Grant" Shelf buy 'to pipeline or ptelmee at the deem of at
"'at fety-eight (48) ftehes helm Ito aortae, a the Wovng ran Bail
m,aptty mi properly bmuill euvaBwe "do by ,r for tretea on the
s.
ot °3 Grant" bene] on .. a to my my dews. of Im Und ahaeaevar t,
mmt.ma or warpath! 41,ngiy to Greatly
mLL
ed p[a]le Mitt m axle°
an . teal! M Grant¢ meet,, of the right, SrmM, W1111. Slid deype,
If et Ile-11y ag ted n i mall be a.oTtBio,di andaeeamtned by VIM, (3)
Woons, "a
hereof to W 4ppolent,di by
ori smvatgMLein. y prompt, ptIt, mc.. ora i Smith".Cana ]the third by them
Me epromed m memid, and tat ar tea amen If South three pevin°
smll b, ideal and e"clumm.
6. Ordered. it, deflators and admin. It Oil if=, Mev
neeee Sur, ,hell Mfree SO"" IS said pipeline " pip'll,u. pore vach
luamable res d.
designate or uppe, for the Caroled of
""called e lights b... by g ..Lea.
Jathe grant of light If any 1e personal to Grantee and Bull vat be
"'told
by Erg r d ar o pat, rlo us [ " Genesee 01
Grolierfirst blue td{ providedMre.er, an veLll he Coolest 11
elect Grant" Sudden Chiarew
geve to a abolly owed e,boiiiary heeled
assetsin caused (
eeed Of 0ae Milli" sellers 1,00.000.00). No
a .meant by
General ahall be armed a re var by Creator of any of the notorious, he... f,
cape to the =test a "Go chances.
5, It Is further understood ad Sealed that Chi, agreement am Le
eight.. i
r vIledu bulls gross Craned andift teeante met
1. the r
ll call, for a period of w. (l) Year, to e.mnm am spout, Oil
pipeline " plulf"'.
7. esr old all Internet of Granted .ran er . the option
If Grant,,, Sell on
ll f • yon be... G by Grant,, of car of
cast 0mttione hereof am failuret Grana .day the e a
thirty (30) dap Octal Witte. Itlu, fees 9r..to, to a, 10.
0. 11redareae of Inhum n, of reds g wart n ane
right n1 y. Chance'
Sur 'wi the.up"at Ib nares... and tm risk, .cove all pipe aSay the,
p.0perty Pluld by nr or Cree up
auL0, said land, sed Gaeta sad parry,,, a
wally Gee Paulette to the SIM Condition they hee to para to the s
m ca o e pelma, We If Scott,,ultl a i
to do eo v
alrq (60) day, after Inch a.mr
itlon� G say a da. at G uu,'erisk,
SCSI all a ee sen If ace .usual Ime plead,... res ...ties n1 said ple...
t
ag a n Gee .
Oull be geld by Oa Senegal. 9. Vpnn the brasserie, of the rights hereby granted, Grantee ,hall
ecu to am d"I", IS Grantor, •ion, thirty (30) dap Set,,„rhea of ,
uniim dean” therefore, collisions dead am collisir oil a with th c b
to the right, hereby argued. Should Grates fail a refuse to deli., to
Greater hale dad. as aforesaid, a settled notice by Order,, relief" the
failure o1 ret use n " at Co "acute adefine ouch dead, an Scratch
..raga", a"w. detlag the great tall, ttef tee (10) day. Lewse a date
of .a,"atiu of .aid suat
re in the a nob.wlaay of peed., he
.eulaave ar erne against great,, W all pensee Adored sad" sad" Grantee If
he .tw
e
LL tlo. o as d grant t
10. It 21 barley umer,0ood that theparty
arin
se tote great w
behalf of Grae es . contact authority r a" lore mL sear any eve t.
"COSMIC 11 "Presentation se bereln expense".
-<-
IN WITNESS FMgeWP, the Cttamt all Crates, by aM [hxeuµ their
authorized [epn "t'a"', how hereon a Net thait heads all seal& of Me
waves meet* the day a" year first wit",'here.
gelled .aa datweed
I, be, Sea .... a If: CITY alp BPNSM
By:
Edam A. Selma
City Naive,
MOIL PIPE TAKE CONTACT
sun or MINS
Wwty a fenobamtt, ea. (19_
Page wily appealed the Above arced Mxaxa A.
City of 9 wululpal mapuratton 1 ald B
C`llel, City
Vay� se sea WULdE.a the Illega l$ 1meow.[ [ebe e1.
free ty and the fr.e all .m edea of ad
Malayya,...puralma.dueeae me, -
Mealy Pan,
Naas (pafat"Ityped)
I
STATE OF
I
County of • 19_
Thea penaoally appeared theah amed
If US, omvw' as eoryorat ao
ackolvIaged the [egafag Eu oe aa,
.. free ec uM deN Su hla said
upaeity aa the fall dee Intl dead of aad ewp[atio,before me.
Name (Prfated/Types)
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91-95
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EXHIBIT "B"
PIPELINE AGREEMENT
91-95
THIS AGREEMENT made this _day of , 19_
by and between the CITY OF BANGOR, a municipal corporation located in the
County of Penobscot, State of Maine (Grantor), and MOBIL PIPE LIMB COMPANY,
a corporation organized under the laws of the State of Delaware (Grantee),
WI'1NESEETa:
Grantor, for and In consideration of the sum of One Dollar and other
valuable considerations, and the covenants herein contained on the part of
Grantee to be kept and performed, hereby grants to Grantee, subject to
termination as hereinafter provided and under the terms, conditions and
provisions hereinafter contained, a right of way semester to lay, construct,
maintain, operate, repair, rages, from time to timechange the size of, and
remove gee or more pipelines with such valves and fittings as may be necessary
or convenient for the transportation of petroleum, gas and other petroleum
products in, under, along and across certain real estate situate In
the City of Bangor, Penobscot County, State of Maine, and described as follows:
A centerline description of a tract of lend twenty-five (25) feet In
width in, through and across a certain 2.68 were tract see owned by the
City of Danger, a corporate city in Penobscot County, Maine, said 2.60
sure tract recorded in Volume 2075, Page 387 of the Deeds Records of
Penobscot County, Maine; and continuing in, through, and across a right
of way owned by the Bangor Hydro -Electric Company as recorded InVolume
1334, Page 482 of the Deeds Records of Penobscot County, Maine; than
continuing is, through and across tracts of land owned by the City of
Bangor and recorded in Volume 4434, Pas 205; Volume 4434, Page 208;
Volume 4407, Page 50; Volume 4421, Page 316; Volume 4434, Page 203; and
Volume 4717, Page 337 of the Deed Records of Penobscot County, Maine
and being more particularly described as follows:
Beginning at a point in a line, said line being the northeasterly
line of a certain 2.68 acre tract a orded in Volume 2075, Page 387
in the Deed Records of Penobscot County, Maine; said line also being
the southwesterly line of a tract of land mored by Mobil 011
Corporation a recorded In Volume 628, Page 20 of the Deed Records of
Penobscot County, said point being easterly along said line a
distance of 89.90 feet, mo or leas, from a poiat marking the
northeast c of said 2.68 acre trace thence S N' 12' 00" W, 642
feet to a point; thence N 52. 46' 45" W, 67.74 feet to a point; thence
N 52° 40' 41" W, 35.99 feet to a point; thence S 37° 34' 10" N, 203.83
feet to a polap thence S 66° 39' 37" W, 107.23 feet to a point; thence
S 42° 18' 25" W, 244.12 feet to a point; thence S 42° 18' 41" W, 60.30
feet to a point; thence S 89° 57' 31" G, 41.66 feet to a point; thence
S 44° 57' 45" W, 237.92 feet to a point; thence 5 44' 33' 44" E, 76.82
feet to a point; theace S 08° 19. 25" E, 56.51 feet to a pointy thence
S 55° 51' 24" E, 20.09 feet to a point; thence S 55° 49' 52" E, 111.98
feet to a point; thence S 34° 10' OS" N, 10.00 feet to a Pointy being
the southeasterly property line of the Grantor; said centerline
containing 1,360.81 feet, more or less.
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Said pipeline or pipelines shall be laid and constructed in accordance:
with plans entitled "Bangor Terminal, Chances 6" Delivery Line", Drawing
00. D -1398 -PL, Revision 3, dated
on file in the office of the City Engineer, City Hall, Bangor, Maine.
This Agreement replaces the existing agreement between the City of
Bangor and Mobil Pipe Line Company dated August 20, 1973, and recorded in
Volume 2402, Page 200 in the Deed Records of Penobscot County, Maine; and the
existing agreemeut between the Maine Central Railroad Company and Mobil Pipe
Line Company dated April 22, 1974, and recorded in Volume 2454, Page 339 in
the Deed Racoma of Penobscot County, Maine.
The Parties further, covenant and agree that only the negneat of
pipeline located between the City of Bangor property line common wl(h the
Mobil Oil Corporation land as recorded in Volume 620, Page 20 of the Deed
Records of Penobscot County, and the easterly right of way line owed by the
Bangor Hydra -electric Company as recorded in Volume 1334, Page 482, shall be
subject to the terms and conditions as follows:
1. Grantor hereby reserves the right to fully use and enjoy said
premises In a masher necessary add convenient for its one purposes, including
but not limited to the operation and maintenance of sewage treatment
facilities presently located adjacent to said right of way. Whenever, in the
opinion of Grantor, said pipeline or pipelines interfere with Grantor's use of
said premises, or if Grantor determines it necessary to expand said sewage
treatment facilities into said right of way, Grantee agrees, at Its ow _
expense and risk, within sixty (60) days after written 'request from Grantor,
to take all necessary action to lower, relocate or reconstruct said pipeline
or pipelines as may he required by Grantor. In the event each love ring,
relocation or reconstruction becomes necessary, Grantor agrees to cooperate
with grantee, and if possible, without interfering with Grantor's use of said
premises, shall grant an additional right of way for purposes of said
lowering, relocation or reconstruction.
2. Grantee shall bury its pipeline or pipelines at the depth of at
least forty-eight (48) inches below the surface of the ground and shall
promptly and properly backfill excavations made by or for Grantee on the
premises.
3. Grantee hereby agrees to pay any damages of any kind whatsoever to
structure or equipment belonging to Greater on said Premises which nay arise
as a result of Grantee's exercise of the rights granted herein. Said damages,
if nor, wucu'. ly agreed upon, shall. be ascertained and determined by three (3)
disinterested Person, one thereof to be appointed by Greater, its successors
or assigns, one by Grantee, its successors or assigns, and the third by the
two so appointed as aforesaid, am) the written award of such three persons
shall be final and conclusive. -
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6. Grantee, its employers and agents, at any and all times when
necessary, shall have free access to said pipeline or pipelines, over such
reasonable route as Grantor may deelgnate or approve, for the purpose of
exercising the rights hereby granted.
5. The grant of right of way is personal to Grantee and shall not be
assigned by Grantee, in whole or in part, without the written comment of
Grantor first being had; provided, however, no consent shall he required in
event Grantee assigns. this agreement to a wholly owned subsidiary having
assets in excess of One Million Dollars (11,000,000.00). No written consent by
Grantor shall be deemed a waiver by Grantor of any of the provisions hereof,
except to the extent of such consent.
6. It is further understood and agreed test this agreement and the
.rights and privileges herein given Grantee shall terminate In the event that
Grantee shall fail, for a period of one (1) year, to mintain and operate said
pipeline or pipelines.
]. This agreement and all interest of Grantee beveuader, at the option
of Grantor, shall forthwith terminate upon breach by Grantee of any of the
terms and conditions hereof and failure of Grantee to remedy the same within
thirty (30) days after written notice from Grantor to do so.
B. In the event of termination of this grant of right of way, Grantee
shall thereupon, at its one empense and risk, remove all pipe and any other
property placed by or for Grantee upon said land, and restore said premises as
nearly as possible to the once state and condition they were in prior to the
construction of said pipeline, but If Grantee should fail to do as within
sixty (60) days after such termination, Grantor may so do, at Grantee's risk,
and all coat and expense of such removal and the restoration of said premises
as aforesaid, shall be paid by Grantee upon demand.
9. Upon the termination of the rights hereby granted, Grantee shall
execute and deliver to Grantor, within thirty (30) days after service of a
written demand therefore, a good and sufficient quit claim deed with covenants
to the rights hereby granted. Should Grantee fail or refuse to deliver to
Grantor such deed, as aforesaid, a written notice by Grantor reciting the
failure or refusal of Grantee to execute and deliver such deed, as herein
provided, and terminating the grant shall, after ten (lo) days from the date
of recordation of said series is the Penobscot Registry of Deeds, be
conclusive evidence against Grantee and all persona claiming under Grantee of
the termination of said grant.
+u. It is hereby cnderetood that the party sec..fsg thin grant or.
behalf of Grantee is without authority to make and has not made any covenant,
agreement or representation not herein expressed.
IN WITNESS WMEKFOF, the Grantor and Grantee, by and through their
authorized representatives, have hereunto set their hand¢ and seals of the
parties hereto the day and year first written above.
Signed, sealed and delivered
in the presence of: CITY OF BANGOR
By:
Edward A. Barrett
City Manager
MOBIL PIPE LINE COMPANY
Title:
STATE OF MAINE
County of Pevobscott, as. , 19
Then Personally appeared the above named Edward A. Barrett, City
Manager of the City of Bangor, a municipal corporation located. in Penobscot
County, State of Maine, and acknowledged the foregoing instrument to be hie
free act and deed in his full capacity and the free act and deed of said
municipal corporation, before me,
Name (Printed/Typed)
STATE OF
County of
19
Than Personally appeared the above named
of Mobil Pipe Use Company, a corporation, and
acknowledged the foregoing instrument to be his free act and deed in his said
capacity and the free act and deed of said corporation, before see,
Notary Public
Name (Printed/Typed)