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HomeMy WebLinkAbout1990-10-10 90-348 ORDERSsuspension of the Rules Council Amon - j Y Date 10-10-90 Item No. Item/Subject: Authorizing Execution of Agreement with United States of America: Searsport-to-Loring Pipeline Responsible Department: Legal CommmRry: The parties have reached agreement for purposes of permitting the construction of a road, sewer and water line to se Grant's Dairy on Outer Hammond Street. The purpose of this Order is to imply authorize the execution of an agreement with the Government to cro5s the pipeline located in the immediate area of the new facility. Onpvv n<Hmd Manager's Comments: CiryNannyn Associated Information: Budget Approval: nen ren;re Legal Approval: CitYsou4im, Introduced For ®Peseage EJ First Reading Page _ of ❑ Referral damped to Councdor S U «t v AM Sullivan 90-348 _ CITY OF BANGOR (TITLE.) (DrUrt kuthonung Execution of Agreement- wi11 th. United1. states of America: searsport-to-Loring Pipeline BY w Cit CouseU of the Cit of Banaor: . OBDU"t -TUT the City Manager is hereby authorized and directed, on behalf of the City of. Bangor, to execute an Agreement,.a copy of which is on file in the office of the City Clerk, with the United States. Government, providing for the construction, use, maintenance, control, operation and repair of one (1) eight inch water line, one (1) eight inch sewer line and a road to cross the searsport-to-Loring Pipeline, so-called, located on or near lands now or to be acquired by Benjamin Grant on Outer Esmond Street, Bangor. 9D -nae In City Council October 10,199Q Suspension of the Rules Passed Order Passed Authorizing Maeoution Of Agreensnt with United States of America Searsport t0 tering Pipeline Cxty Cle[r DEPARTMENT OF THE AIR FORCE CONSENT TO CROSS U.S. GOVERNMENT RIGHT-OF-WAY AT SE?¢SPORT AS POL RETAIL DISTRIBUTION STATION, MAINE KNOW ALL MEN BY THESE PRESENTS: That the consent of the United States is hereby granted to the City of Bangor, hereinafterdesignated as grantee, to construct, use, maintain, control, operate and repair one (1) eight inch water line, one (1) eight inch sewer line and a road to cross, the pipeline, hereinafter referred to as "structure", across,over and under United States Government easement identified Acquisition Tract No. 527BE of the Sear spor t -to -Loring AF POL Pipeline located on the lands owned by Benjamin Grant. The area covered by this Consent is shown in Red on Exhibit "A" attached hereto and made part hereof. This consent is granted subject to the following conditions 1. That it is understood that this consent is effective only insofar as the property rights of the United States in the land to be occupied are concerned and that it does not relieve the grantee from the necessity of obtaining grants from the owners of the fee and/or other interests therein. 2. That the record owners and enoumbrancers of the fee title to the lands involved are Benjamin Grant. The proposed construction authorized herein can be commenced since appropriate rights have been obtained from Benjamin Grant. 9. That the exercise of theprivileges hereby consented shall be without cost or expense to the Department of the Air Force, under the general supervision and subject to the approval of the officer having immediate jurisdiction over the property,hereinafter referred to as "said officer", and subject to such regulations as may be prescribed by him from time to time. 4. That the grantee shall supervise and maintain the said structure and cause it to be inspected at reasonable intervals, and shall immediately repair any damage found therein as a result of such inspection or when required by said officer to make repair of any defects. Upon completion of the installation of said structure or the making of any repairs thereto, the premises shall be restored immediately by the grantee, at the grantee's own expense, to the s condition as that in which they existed prior, to the commencement of sash work, to the satisfaction of said officer. 5. That the property of the United States damaged or destroyed by grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the granteeto rhe satisfaction of said officer, or in lieu of such repair or replacement, the grantee she!!, ,United soy money the saidn an officer and at his option, pay ' h unt sufficient to compensste for the loss sustained by r the United States by reason of damage to or destruction of Government property. 6. That the United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exeroise of the privileges herein granted, or for damages to the property of the grantee, or for injuries to the person of the grantee, or the persona of the grantees officers, agents, servants, or employees or others who may be on said premises at their invitation or the invitation of any one of them rising from governmental activities on or in the vicinity of the said premises, and the grantee shall hold the United States harmless from any and all such claims. 7. That this consent is effective only as to the rights of the United States in the landshereinabove described are concerned. 8. That the United States shall in no case be liable for any sage to the construction herein authorized which may be caused by any action of the Government, under the rights obtained in its easements, either hidden or known, or that may result from future operations undertaken by the Government, and no claim or right to compensation shall accrue from such damage and if further operations of the United States require the alteration r removal of the structure herein authorized the grantee shall, F due notice from the Chief. of Engineers, Department of the Army, alter or remove said structures without expense to the Government and subject to the supervision of the officer having jurisdiction over the property and no claim for damages shall be made against the United .States on account of such alterations or removal. 9. That construction and/or operation, maintenance and use of said structures incident to the exercise of the privileges hereby granted shall be in such a manner as not to interfere with the rights of the Government, nor to interfere with the operations by the Government under such rights, nor to endanger lives and safety of the public. 10. That the Government and any of its agents and employees shall be held harmless for any and all damages caused by them while acting within the scope of their employment. 11. That upon the relinquishment, termination, revocation, forfeiture or annulment of the consent herein gr rated, the grantee shall vacate the premises, remove all property of the grantee therefrom, and restore the premises to acondition satisfactory to the officer having immediate jurisdiction over the property. If the grantee shall fail or neglect to remove said property and so restore the premises, then, at the option of the Secretary of the Air Force, the said property shall either become the property of the United States without compensation therefor, or the Secretary of the Air Force may cause it to be removed and the premises to be so restored at the expense of the grantee, and no claim for damages against the United States, or its officers or agents, shall be created by or made on account of such removal and restoration. 12. That, prior to commencement of construction, the grantee shall furnish said officer with a full sat of working drawings. 13. That the job supervisor and foreman shall be made aware of the Searaport-to-Loring pipeline and all conditions contained in this Consent Agreement. 14. That any damage to the coating of the pipeline .shall be repaired immediately with a coal tar bitumastic (Koppers Bitumastic No. 50) and one wrap of 15 -Pound coal tar -saturated felt. Materials shall be applied per manufacturer's recommendation to produce a 3/32 -inch layer of bitumaatic. 15. That backfill around the pipeline shall be compacted to a density equal to the surrounding ground, and no stones larger than 1/2 inch diameter shall be used in the backfill material. Excavation and backfill shall be done as per API -RP 1102, "Recommended Practice for Liquid Petroleum Pipelines Crossing Railroads and Highways". 16. That the pipeline shall be encased in a 10 3/4 O.D. steel pipe as per API -RP 1102, at all primary road crossings'. 17. That cathodic protection and one test station shall be installed at the primary road crossings. The test lead shall receive thermite weld to the carrier pipe and the casing pipe. 18. That prior to the backfilling,. the Loring Air Force Base Civil Engineer shall shall be notified to inspect the work performed on the government pipeline. 19. That there shall be a minimum of 24 inches between eaasc a fuel line and all other piping. 20. That the location of the structures crossing the Government easement shall be permanently and visibly marked with a pipeline marker sign. 21. That no blasting shall be done within fifty (50) feet of the pipe without prior approval from the Loring Air Force Base Civil Engineer. Upon approval from Loring Air Force Base Givil Engineer o blasting shall be performed within ten (10) feet of the pipeline. All blasting shall be done by persons regularly engaged in such work. Handling and use of explosives shall be done in accordance with all applicablefederal, state and local laws, ordinances and regulations. 22. That the contractor shall pay the cost of any damages to the pipeline during the performance of the work. 23. That the grantee shall be responsible for any subsequent damage and claims arising through any fuel or production loss. 24. That the grantee shall reserve the right to remove and replace the structure if construction, repair, replacement or maintenance of the government pipeline is required. 25. That in the event there is a change in ownership of the fee - owned land under this Consent Agreement the grantee shall notify he New York District, Corps of Engineers within 30 days prior to change of ownership, so that this Consent Agreementmaybe terminated and a new Consent Agreement issued to the new owner. 26. That this consent may be terminated by the Secretary of the Air Force upon reasonable notice to the grantee if the Secretary of the Air Force shall determine that the installation to which the consent is hereby granted interferes with the use of said land or any part thereof by the United Stated, and this consent maybe annulled and forfeited by the declaration of the Secretary of the Aar Force for failure t comply with any or all of the provisions and conditions of this consent, or for nonuse for a period of two years or for abandonment. 27. That the terms and conditions of this consent shall extend to and be binding upon the successors and assigns of the grantee. 28. That the grantee shell use e and occupy the affected property n a nondiscriminatory Tannerto the end that no person shall, on the ground of r color, age, handicap, religion, s or ci national origin, be r excluded from using the falitieso obtaining the services provided thereon or activities provided thereon. This consent is or, subless to .itls +0, 91ioad States Code, Section 2oo2. Ili W_TNESS WBE.REOe, T have hereunta set my d by a - _ the Secretary of the Air xo cn_b : - , .Roza, ?. slake Chief, .Real Estate Ji-i'_sion The above instrnaent, inolading -a!' ss conaitions, is her -by aocepted this day of 19 NAMD: TILE: Edward certify that I art the A. Barrett City Manager ` tote City f Bangor the natty esscribodP in and s._c. executes the foregoing instrument with the ,sited 9tat_s of.k erica;that the said City'Or Eangor is organized under the _bis of t'm State of Miles that the City of Eangor,seal affixed to said .nst:ement is the sea 0. said City of Bangor that Edward A. Barrett who executed said instrument as City Manager of said City of Bangor .. :res then ...,.'g -said .City o_ " Eangor and has been duly authorized to execute and _nstrement in hecalf of said City o. Bangor , that I knox the signature Of said FawarA A Bassett tand that the signature affixed to such instrument is Cervine. T Wm^.2gs V M -OB, 1 havehereunto set my hand and affixed the _ said City of Eacger, this day o' October, 1990' o Russell J. McKenna, City C•lcrka.