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HomeMy WebLinkAbout1990-05-14 90-191 ORDERUnun Data w5/14/9g on Item No. 90=191 Item/Subject: Authorizing City Manager to Sign easement Agreement with the Tow of Hampden/Sever Extension at Sterne Pit. Responsible Department: anal neaano Commentary: - The Toon of Hampden is making improvements at the Hampden Boat Facility located on the Penobscot Hives, next to the City awed land known at Sterns Pit. The improvements include the extension of sanitary sewer service to the facility, which x111 require creating the corner of the City land. Since the improvement will enhance the recreational boating activities o the river and since the extension of thesever will also provide a benefit to the City property, it is recommended that it be approved. Arporwe"t Id Mannag_er''s Comments: ,�y f^�1q yp ` lj,. tW t,`J �,py` 9 �l^i` ' Y V `U6'.I'sq Mid "flail V.4uLN W-^1- /.W)I1rul wao ANA A�W�.^J✓t{�1a'�:',��Ol tit t+OAg6xd41 ,y gtPr rtw�ta K*JJLS Cny Afavger Associated Information: Budget Approval: A),(�- cc 0i¢ Legal Approval: a_'G Ciy Solicits' I Putre ge or Referral Ral ge Ing pa_af_ ❑ efe 90-191 Aeugnello Cauntdor Blanchette, May 14, 1990 CITY OF BANGOR (TITLE.) (Orbgrf-Msthnriziny-Cltg. MaAager Ya. Sign. E&Hemepz Agreement with the. Town of Hampden/Sewer Extension at Sterna Pit: By the City Council of 94 City ofBamyor: ORDERED, THAT WHEREAS, the City of Bangor owns land in the Town Of Hampden which borders the Hampden Boat Facility, said land formerly occupied by Sterne Gravel Pit; and WHEREAS, development is Underway at the Hampden Boat Facility Which will require extension of the public Sever, and will necessitate the crossing of said City land; NOW,:THEREFORE. BE IT ORDERED THAT the City Manager acting for and on -behalf of the Municipal officera.be and hereby is authorized to sign the attached Easement Agreement with the Town of Hampden to permit the instal- lation of a sanitary sewer.across the City land. IN CITY COUNCIL May 14, 1990 Council voted Conflict of Interest for Nayos Sayves. RefeuY9d to Ficance Committee. CITY CLEM IN CITY COUNCIL May 30, 1990 Pass *.. NoyRr Sawyer abstained. GLAI „F CI CLERK 90-191 ORDER Title, , Authorizing City Menages to Sign Rasemelat ................................ I..... Ag[eemeot with the Town of Nampden/Sevei Extension. at Stearns Pit. ............... 9z dt% QG. Asgigned to �c ........... Councilman 90-191 KNOW ALL MEN By THESE PRESENTS, That the Clot of Bangor a municipal corporation in Penobscot County, tate of Maine, in consideration of one dollar (§1.00) and other valuable considerations, paid by the Town of Hamoden, a municipal corporation located in Penobscot County, State of Maine, the receipt of which is hereby acknowledged, does hereby give, grant, and convey unto said Town of Hamodenits successors and assigns forever, subject to the restrictions contained herein, the full right and privilege to excavate for, Install, replace, maintain and use an eight (8) inch sanitary sewer, and ail appurtenant structures thereto, together with the right to ingress thereto and egress therefrom, ertending Rom an existing pump station located on the northerly side of Marina Roatl and easterly of the brook Flowing toward Turtle Head Cove, and extending in a westerly direction across said Gty land for a distance of two hundred twenty (220) feet more or less to the westerly line of said land, as more fully shown on &I-dbit"A" attached hereto. It Is understood and agreed that this easement includes but is not limited to the right W excavate; clear and trim trees, shrubs and other growth, temporarily remove fences, posts and similar minor structures; relocate minor structures in the event Meir present location conflicts with the proposed location of said piping; fill and grade low areas in a manner as to prevent ponding of water, provide a minimum of four (9) feet of cover over said pipe and to cross other land of the Owners as necessary to perform any of the within works. It is specifically under- stood that the within easement does rot Include the right to store equipment on said lot offer than that being used in the area immediately adjacent thereto and that no driveways shall be blocked overnight by parked vehicles or equipment and that no vehicles or equipment shall be stored or parked on the premises when not in use. The Town agrees that it will advise its agents and contractors engaged in the construction that the work is to be confined to the narrowest limits practical along said line, that access M the said line through pnvate pro" shall be discussed beforehand with the Owner and be confined to the mutually agreed upon route, and fences, posts and other removed structures shall be reset as nearly as possible in their original location and condition. Paved areas which are disturbed will be repaired and the Town further agrees to regrade and reseed disturbed areas of lawn and field, and take other measures for erosion control as needed. 90-191 It is understood and agreed that it shall not be in the Town's responsibility to maintain the ground surface after the initial installation of said pipe and restoration of the area has been completed except N repair damage caused by equipment or materials in the performance of pipe maintenance duties. The Owners agree that they will build no permanent structures within ten (10) feet of the centerline of Bald sanitary sewer. The Grantor, its successors and assigns, may enter the sewer without charge, but nothing herein shall be construed as N except said Grantor, its successors or assigns, from payment of sewer user fees and street opening charges. IN WITNESS WHEREOF, the said City of Bangor has caused this instrument to be executed by its duly authorized representative this 29th' day of March, 2002. Signed, Sealed and Delivered In the Presence of: STATE OF MAINE PENOBSCOT, ss. CITY OF BANGOR March 29, 2002 Personally appeared the above-named EDWARD A. BARRETT and acknowledged the foregoing Instrument to be his free act and deed, and the free ad and deed of said hotly corporate. Before me, aot4 PubliO at -law Printed Name: My Commission Expires: NORMAN S. NEWANN, N NOTARYN SM,� wm NY NMNI&SION EAIRes JpgygRY84 LA1 39VU015 1009 3015100 13AVtl9 531tl9 Z12 -� \ 0 se r� anon V -uem X3 90-191