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.