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.
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Mannag_er''s Comments:
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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.
...............
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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
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90-191