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HomeMy WebLinkAbout1980-12-08 81-29 ORDER81-29 Introduced by Councilor ealdacci, Decembev 1988 CITY OF BANGOR (TITLE) (Drbtra......Auth0rizing..4ity Txeaaarax.. to Aoaapt_Eawar Easament, Eastern Maine Medical Center -1 . .... ...._...... ............... ._. _. _._ By the Cky CouneB of the MY ofBanpor: OEDEEED, THAT the City Treasurer be and hereby is authorized to accept the attached sewer. Agreement from the Eastern Maine Medical Center covering installation of portions of the East Penobscot Interceptor Sewer.' I In City E�cil December 5,1M ' Penned -- 81-02W D E R SEUL to tln PEOF Auth ruing City 'Treasurer to Accept C Y Clerk CITY IY CLERK. .............................. Sewer Easememt,E;stern Mune Medical ` .................................. \ ••Canter ntr cedan d filed by Councilmen II 81-29 .AGREEMENT KNOW ALL MEN BY THESE PRESENTS, That EASTERN MAINE MEDICAL CENTER, a corporation, of Bangor, County of Penobscot, State of Maine, in consideration of One Dollar ($1.001 and other valuable considerations paid by CITY OF BANGOR, a municipal corporation, located in the 'County of Penobscot, State of Maine, the receipt of which is hereby acknowledged,, does hereby give, grant, and convey unto said CityofBangor, its successors and assigns forever, subject to the restrictions contained herein, the full right and privilege to excavate for, install, replace, maintain and use underground sanitary sewers and appurtenant structures thereto, together with the right of ingress thereto and egress therefrom in, over and across certain lots or parcels of land in said City of Bangor, located as shown on Plans prepared by the James W. Sewall Company of Old Town entitled "City Of Bangor, Maine, East Penobscot Interceptor Sewer, EPA Project No. C23015402" dated August, 1980, with the original of said Plans being on file in the Office of the City Engineer, said sewer locations more fully described as follows: A 30 inch sewer, commencing at a point on the westerly line of a parcel of land owned by the Grantor as described in a Deed recorded in Penobscot Registry of Needs, Volume 1605, Page 209, said point of beginning being 15 -feet, more r less, north from the southwesterly corner of said parcel; thence in an easterly direction for a distance of 80 feet, more or less, to a manhole, said manhole located 5 feet, ore or less, north from the southerly line of said parcel; thence continuing in an easterly direction for a distance of .180 feet to a manhole, said manhole located 12 feet, more or less, north from the southerly line of said parcel; thence n a southerly direction for a distance of 15 feet, more or less, to the southerly line Of said parcel. Also, a 42 inch storm sewer, commencing on the southerly line of the above-mentioned parcel at apoint located 100 feet, more or less, east from the southwesterly corner of said parcel; thence in a northwesterly direction for a distance of 230 feet, more or less, to the westerly line of said parcel, being the easterly line of the parcel owned by the Grantor, as described in a Deed recorded in Penobscot Registry of Deeds in Volume 2611, Page 161; thence continuing along the same course for a distance of 70 feet, more or less, to a manhole; thence deflecting to the right in a generally northerly direction for a distance of 250 feet, more or less, to an overflow structure. Also, a 12 inch sanitary sewer located 20 feet, more or less, west of the above-described storm sewer, and running para- llel thereto along the above-mentioned parcels for a distance of 530 feet; thence in an easterly direction for a distance of 20 feet; more or less, to the above-mentioned overflow structure; thence in a northerly direction for a distance of 43 feet, more or less, to a manhole on an existing 36 inch brick sewer at a point located 100 feet, more or less, south from the southerly line of State Street. The City of Bangor, its successors and assigns, by its Mance of the right and privilege hereby conveyed agrees after each entry upon said premises for the aforesaid sea, that it will promptly restore the surface of said sea to the same condition as prior to such entry. The parties hereto agree that the grantor herein, its Santa and assigns, may construct a structure of structures or across any or -all of said sewer lines (hereinafter sewer and, in the event of such construction, the grantor shall reasonable precautions to prevent damage to said sewer line g the construction. If grantor does construct a structure .&.M structures which prevent reasonable access to the sewer e and if grantee requires access for purposes of repair replacement of a section of the sewer line that does not e reasonable access then, and in that event, grantor 11 be responsible for the cos- and expense of the alternate hod of effecting the repair or replacement of the sewer e, said alternate method to be at the grantor's election. grantor elects to relocate a portion of the sewer line n the location and design of the sewer line to be relocated 11 be subject to the approval of the grantee, which roval shall not be unreasonably withheld. The term sonable access shall be deemed to mean an open, unobstructed rider twenty (20) feet in width (being ten (10) feet her side of the centerline of the sewer) and twelve (12) t in height. The grantor, its successors and assigns, may enter the at without charge, but nothing herein shall be construed tO except said Eastern Maine Medical Center, its successors assigns, from payment of sewer user fees and street Bing permit charges. IN WITNESS WHEREOF, the said Eastern Maine Medical ter has caused this instrument to be executed and its porate seal to be affixed hereto, by Robert H. Brand", Executive Director, duly authorized, this dt � day of Rl ., 1980. Baled and delivered 1n presence of EAS,TTERNRN/ MAINE MEDICAL CENTER Its Exacuuxve Director -3- y STATE OF MAINE County of Penobscot, as. 1980 Then personally appeared the above named Robert A. Brandow, Executive Director of Eastern Maine Medical Center, and acknow- ledged the foregoing instrument to be his free act and deed in said capacity, and the free act and deed of said corporation. Before me, �- Sustactjof the Peace Notary Public _q_