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
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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
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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
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