Loading...
HomeMy WebLinkAbout1981-02-23 81-101 ORDER81-101 Introduced by Councilor Soucy, February 23, 1981 CITY OF BANGOR Ati ccepng Easeme t fro Main Central Railroad mne.) (0xDex,....... - Penobscot East Interceptor Sewer By dm Oty CmcwtU of City ofBabo rn' ORDERED, TWT the City Treasurer be and hereby is authorized to accept the attached Easement from the Maine Central Railroad Company to permit the installation and future maintenance of the Penobscot East Interceptor Sewer across portions of their property between the intersection of Washington and Hancock Streets and the vicinity of Meadowbrook Road, and be it further ORDERED, THAT said Easement, together with attached Mortgage Release, be recorded in the Penobscot Registry of Deeds. In City Council xebuary 23.1981 Passed w.� C1 &14301 0 R b ER Title, .H<CepL�OQ. Ee6CP6pC.fiOW.{^93p9.FCVCY21 Railroad Company Penclscot Bast Interceptor .1. ................ ...................... -,' Sever Introduced d ftl4 by cqswcilme_ i 'U1 FEB 19 P9 91 CIRY of 6nNu.;. 11Y CLE 88 81-Lol KNOW ALL MEN BY THESE PRESENTS that MAINE CENTRAL RAILROAD COMPANY, a corporation organized and existing under the laws of Mine, with a principal place of business in Portland, Cumberland County, Maine, in consideration of one dollar and other valuable considerations paid by the City of Bangor, a body politic and corporate, existing by law, with its office at 73 Harlow Street, Bangor (04401) in the County of Penobscot and State of Maine, the receipt whereof it does hereby acknowledge, does hereby remise, release, bargain, sell and convey, and forever quit -claim unto the said City of Bangor, its successors and assigns forever, the right and privilege to install, maintain, repair, operate, replace and/or remove sewer pipes, manholes and appurtenances on, under and along the right of way and under certain tracks of the grantor situated in the City of Bangor, County of Penobscot and State of Maine and further described as. follows: First Easement: A thirty (30) inch diameter gravity ss nitary sewer, beginning i existing manhole of the Granteesituated twenty (20) feet, more or less, northwesterly of the base line of location of the Grantor, as established by the Federal valuation Survey, at approximate Station 38 + 78; thence northeasterly ninety- five (95) feet, more or less, to a manhole located twenty-six (26) feet, more or less, northwesterly of the said base line at approx- imate Station 39 + 62; thence easterly one hundred thirty (130) feet, more or less, to amanhole located ten (10) feet, more or less, northwesterly of the said base line at approximate Station 40 + 90; - thence easterly one hundred forty (140) feet, more or less, to a manhole located two (2) feet, more or less, northwesterly of the said base line at approximate Station 42 + 28; thence southeasterly eighty-five (85) feet, more or less, to a manhole located eighty (80) feet, more or less, southeasterly of the said base line at approximate Station 42 + 43; thence northeasterly three hundred forty (340) feet, more or less, to a manhole located eighty-two (82) feet, more or less, southeasterly of the said base line at— approximate Station 45 + 84; thence northeasterly one hundred (100) - feet, more or less, to a manhole located sixty (60) feet, more o less, southeasterly of the said base line at approximate Station 46 + 80; thence northeasterly one hundred twenty (120) feet, more or less, to a manhole located fifty-eight (58) feet, more or less, southeasterly of the said base line at approximate Station 48 + 02; thence easterly one hundred (100) feet, more or less, to a manhole located eighty (80) feet, more or less, southeasterly of the said base line at approximate Station 48 + 98; thence northeasterly three hundred sixty (360) feet, more or less, to a manhole located thirty-five (35) feet, more or less, southeasterly of the said base line at approximate Station 52 + 34; thence northeasterly four hundred (400) feet, more or less, to a manhole located thirty (30) feet, more or less, southeasterly of the said base line at approx- imate Station 56 + 22; thence northeasterly three hundred (300) -��feet, more or less, to amanhole located thirty (30) feet more or less, southeasterly of the said base line at approximate Station 59 + 22; thence northerly seventy (70) feet, m r less, to a manhole located thirty-one (31) feet, more ot,less, enorth- westerly of the said base line at approximate Station 59 + 60; thence northeasterly two hundred ten (210) feet, more or less, to a manhole located forty -tiro (42) feet, more or less, northwesterly of the said base line at approximate Station 61 + 67; thence northeasterly three hundred (300) feet, more or less, to a manhole located sixty (60) feet, more or less, northwesterly of the said base line at approximate Station 64 + 63; thence northeasterly two hundred seventeen (217) feet, more or less, to a point where it leaves the land of the Grantor at a point thirty-five (35) feet, more or less, northwesterly of the said base line at approximate Station 66 + 80. Second Easement: A thirty (30) inch diameter gravity sanitary sewer entering the northerly sideline of the right-of-way of the Grantor at a point twenty-five (25) feet northwesterly of the said base line at approximate Station 69 + 46; thence southeasterly one hundred four (104) feet, more or less, to a manhole located sixty-two (62) feet, more or lees, southeasterly of the said base line at approximate Station 70 + 07; thence northeasterly two hundred seventy (270) feet, more or less, to a manhole located forty seven (47) feet, more or less, southeasterly of the said base line at approximate Station 72 + 78; thence northeasterly two hundred (200) feet, more or less, to a manhole located fifty (50) feet, more or less, southeasterly of the said base line at approx- imate Station 74 + 76; thence northeasterly one hundred fourteen (114) feet, more or less, to a point where it leaves the land of the Grantor at a point thirty-nine (39) feet, more or less, south- easterly of the said base line at approximate Station 75 + 88. Third Easment: A thirty (30) inch diameter gravity sanitary sewer line entering the southerly sideline of the right-of-way of the Grantor at a point thirty-three (33) feet southeasterly of the said base line at approximate Station 76 + 68; thence northeasterly fifty-five (55) feet, more or less, to a manhole located thirty-two (32) feet, more or less, southeasterly of the said base line at approximate Station 77 + 24; thence northeasterly two hundred forty- five (245) feet, more or less, to a manhole located thirty-three (33) feet, more or lees, southeasterly of the said base line at approximate Station 79 + 67. Fourth Easement: A twenty-four (24) inch diameter gravity sanitary sewer line beginning in a manhole located thirty-three (33) feet, more or less, southeasterly of the said base line at approximate Station 79 + 67; thence northeasterly one hundred ninety (190) feet, more or less, to amanhole located twenty-eight (28) feet, m or less, southeasterly of the said base line at approximate Station 81 + 54; thence northeasterly two hundred ten (210) feet, more or less, to a manhole located twenty-eight (28) feet, more or less, southeasterly of the said base line at approximate Station 83 + 62; thence northeasterly two hundred ninety (290) feet, more or less, to a manhole located thirty-four (34) feet, more or leas, south- asterly of the said base line at approximate Station 86 + 54; thence northwesterly seventy-five (75) feet, more or less, through a granite box culvert to a manhole located forty (40) feet, more or less, northwesterly of the said base line at approximate Station 86 + 54; thence northeasterly three hundred thirty (330) feet, more or less, to a manhole located forty-nine (49) feet, more or less, north- westerly of the said base line at approximate Station 89 + 80; thence northeasterly three hundred (300) feet, more or less, to a manhole located forty-two (42) feet, more or less, northwesterly of the said base line at approximate Station 92 + 76. - 2 - Fifth Easement: A twenty (20) inch diameter gravity sanitary sewer line beginning in a manhole located forty-two (42) feet, more or lees, northwesterly of the said base line at approximate Station 92 + 76; thence northeasterly three hundred (300) feet, more or less, to a manhole located thirty (30) feet, more or less, northwesterly of the said base line at approximate Station 95 + 69; thence northeasterly one hundred fifty-five (155) feet, more or less, to a point where it leaves the land of the Grantor at a point twenty-two (22) feet, more or less, northwesterly of the said base line at approximate Station 97 + 24. Sixth Easement: A twenty (20) inch diameter gravity sanitary sewer line entering the northerly sideline of the right-of-way of the Grantor at a point twelve (12) feet, more or less, northwesterly of the said base line at approximate Station 103 + 76; thence south- easterly thirty-three (33) feet, more r less, to a point where it leaves the land of the Grantor at apoint twenty (20) feet, more or less, southeasterly of the said base line at approximate Sta- tion 103 + 92. Seventh Easement: A twenty (20) inch diameter gravity sanitary sewer line entering the southerly sideline of the right -o£ -way of the Grantor at a point twenty-four and three-quarters (24.75). feet southeasterly of the said base line at approximate Station 108 + 09; thence northeasterly one hundred eighty (180) feet, more or less, to a manhole located twenty (20) feet, more or less, southeasterly of the said base line at approximate Station 109 + 86; thence northwesterly forty (40) feet, more or less, to a point where it leaves the land of the Grantor at a point twenty-two (22) feet, more or less, northwesterly of the said base line at approx- imate Station 109 + 94. Eighth Easement: A twenty (20) inch diameter gravity sanitary sewer lin entering the northerly sideline of the right-of-way of the Grantor at a point twenty-six (26) feet, more or less, northwesterly of the said base line at approximate Station 122 + 02; thence northeasterly one hundred ninety (190) feet, more or less, to a point where it leaves the land of the Grantor at a point twenty-four (24) feet northwesterly of the said base line at approximate Station 123 + 92. Ninth Easement: An existing twelve (12) inch diameter gravity sanitary sewer line entering the northerly sideline of the right- of-way of the Grantor at a point forty-nine and one-half (49.5) feet northwesterly of the said base line at approximate Station 59 + 78; thence southeasterly six (6) feet, more or less, to a point located forty-three and one-half (43.5) feet, more or less, northwesterly of the said base line at approximate Station 59 + 78) Tenth Easement: A twelve (12) inch diameter gravity sanitary sewer "line beginning at a point located forty-tbree and one-half (43.5) feet, more or less, northwesterly of the said base line at approximate Station 59 + 78; thence southwesterly twenty (20) feet, more or less, to a manhole located thirty-one (31) feet, more or leas, northwesterly of the said base line at approximate Station 59 + 60. Eleventh Easement: A forty-two (42) inch diameter, half -pipe, gravity storm drain entering the northerly sideline of the right- of-way of the Grantor at a point located twenty-five (25) feet, - 3 - northwesterly of the said base line at approximate station 67 + 76; thence nine (9) feet, more or less, to the inlet of a stone box culvert located sixteen (16) feet, more or less, north- westerly of the said base line at approximate Station. 67 + 76. Twelfth Easement: A sixty (60) inch diameter gravity storm sewer entering the northerly sideline of the right-of-way of the Grantor at a point located forty-nine and one-half (49.5) feet, north- westerly of the said base line at approximate Station 92 + 12; thence southeasterly eighty-six (86) feet, more or less, to a point located thirty-six (36) feet, more or less, southeasterly of the said base line at approximate Station 91 + 94. Thirteenth Easement: An eighteen (18) inch diameter gravity sanitary sewer entering the northerly sideline of the right-of-way of the Grantor at a point located forty-nine and one-half (49.5) feet, northwesterly of the said base line at approximate station 92 + 77; thence eight(e) feet, more or less, southeasterly to a manhole located forty-two (42) feet, more or less, northwesterly of the said base line at approximate station 92 + 76. Fourteenth Easement: The right and privilege to place and main- tain granular fill material on and along the right-of-way of the Grantor in the areas described as follows: Area 1. Bounded on the north by a line parallel with and fifty-eight (58) feet southerly of the said base line; bounded on the south by the southerly property line of the Grantor; bounded on the west by a line measured normal to the said base line at approximate Station 46 + 63; bounded on the east by a line measured normal to the said base line at approximate Station 47 + 89. Containing 2,820 square feet, more or less. Area 2. Hounded on the north by a line parallel with and fifteen (15) feet southerly of the said base line; bounded on the south by the southerly property line of the Grantor; bounded o the west by a line mered normal to the said base line at approx- lasts Station 73 + 18; abounded on the east by a line measured nor- mal to the said base line at approximate Station 86 + 63. Containing 41,240 square feet, more or less. Area 3. Bounded on the north by the northerly property line of the Grantor; bounded on the south by a line parallel with and eleven (11) feet northerly of the said base line; bounded on the west by a line measured normal to the said base line at approx- imate Station 86 + 43; bounded on the east by a line measured noi- mal to the said base line at approximate Station 96 + 31. Containing 35,360 square feet, more or less. Area 4. Bounded on the north by a line parallel with and seventeen (17) feet southerly of the said base line; bounded on the south by the southerly property line of the Grantor; bounded, on the west by a line measured normal to the said base line at approximate Station 108 09; bounded on the east by a line measured normal to the said base line at approximate Station 109 + 96. Containing 3,420 square feet, more or less. .4- The slope of said fill material shall be placed, graded and maintained to drain away from the tracks of the Grantor at such angle as will hold the material in repose against ordinary erosion. All courses are based upon true North. All distances from the base line are measured on a line normal to the base line. Reference may be had to pians of the Federal valuation Survey dated June 30, 1916, Section 15, Sheets 1, 2 and 3 on file in the office of the Chief Engineer of the Grantor. Ey the acceptance of this deed, the grantee herein covenants and agrees for itself, its s c ors and assigns, to exercise the foregoing right to.installemaintain, repair, operate replace and/or remove said sewer pipe and manholes o under and along said right of way of the grantor herein at the aforesaid locations in accordance with the following terms and conditions: 1. The premisesacrosswhich said pipes and manholes are to be located shallbe restored to their original condition upon c - pletion of the laying, maintenance, repair, replacement and/or removal of said pipes and manholes.- All work done on said premises in exercise of this aaent shall be performed: to the satisfaction of the Chief Engineer of the grantor, its successors or assigns. 2. The said grantee shall reimburse said grantor, its successors or signs, for any and all expense which said grantor, its successors or a signs, may incur by reason of the laying, main- tenance, repairs replacement and/or removalof said pipes or man- holes, under the terms of this easement, including cost of en- gineering supervision and flag protection deemednecessary by said Chief Engineer., as well as any levies, taxes or assessments on account of said pipes and manholes. 3. Said grantee agrees to indemnify, protect and save harmless u the grantor herein, its s and assigns, forloss of, damage to, or destruction o£ethe rproperty of the grantee or the grantor or the properties of any person or persons, whether by fire or otherwise, or for death or injury to any person or persons when such loss of, damage to, or destruction of property or such death or injury to any person or persons arises or accrues from the laying, maintenance, repair, replacement and/or removal of said pipes and manholes, and said grantee agrees to fully Compen- sate and indemnify the grantor, its successors or assigns, for any and all loss sustained by the grantor, its successors or as- signs, or for any sum said grantor, its successors or assigns, may be obliged to pay out therefor, including all expenses in- curred in defending any suit or suits at law therefor. 9. I£ at any time the grantor herein, its successors or assigns, desires to change the elevation, alignment or location of its fisting track or tracks, or shall desire to construct any addi- tional track or tracks or fill at or in the vicinity of the afore= said sewer pipes and manhole locations, said grantee, its snc- cessorso assigns, will at its sole cost and responsibility make any changes in manhole rim elevations and will share equally in the cost to reinforce or add protective sleeves to said sewer pipes as may be necessary to carry Railroad loadings which may be required by the Chief Engineer of the grantor, its successors or assigns, to permit such proposed use of the grantor's tracks or property. _ -5- TO EAV£ AND TO HOLD the same, together with all the privileges and appurtenances thereunto, to it the said City of Bangor, its successors and assigns, for the purposes and uses as aforesaid. IN WITNESS WHEREOF, the said Maine Central Railroad Company has caused this instrument to be sealed with its corporate seal and signed in its corporate name by John F. Gerity, its President thereunto duly authorized, this 22nd day of January in the year one thousand nine hundred and eighty-one. SIGNED, SEALED AND DELIVERED MINE CENTRAL RAILROAD CGMPANy in presence of President STATE OF MAINE, Cumberland as. January 22 , 1981 Personally appeared the above named John F. Gerity, President of said Grantor Corporation as aforesaid, and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said corporation. - Before —me, g� IJ,r nczB.l`1N. dam' Notary Pub1 c -- "" Wcom"ISSION EXPIRES Nm SURER 27, 1961' - 6 -