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HomeMy WebLinkAbout2020-11-23 21-017 Order 11/23/202021-017 11/23/2020 21-017 Engineering Order 055-185 Title, Order Authorizing the City Manager to Execute a Sewer Easement with Northern Light Health to Facilitate Installation and Maintenance of a Sewer Line on Hancock Street This Order authorize the City Manager to accept and execute an easement for State and Hancock Street Utility Improvements with Northern Light Health to make sewer improvements in the Carr Brook watershed area. The proposed easement is 20 feet wide by 290.360 feet. The purpose of this easement is to allow for the installation, inspection, maintenance, pipes, manholes, and appurtenances in the easement Area across the vacant lot, so called, for the purpose of sanitary sewage conveyance. The project would connect with the existing sewer interceptor system running parallel with the railroad tracks. The owner of the property, is Eastern Maine Medical Center (now d/b/a Northern Light Health). Northern Light Health is requiring as a condition of the Easement that the City indemnify it for injury or damage related to the Easement and sewer materials installed therein. Said easements shall each be in a form acceptable to the City Solicitor or Assistant City Solicitor, which may include - if necessary - reasonable indemnification language. Infrastructure Committee 11/17/2020 Recommend for passage 50 Exhibit A & Exhibit B attached. Consent 11/23/202021-017 CITY OF BANGOR ORDER 11/23/2020 21-017 Davitt Authorizing the City Manager to Execute a Sewer Easement with Northern Light Health to Facilitate Installation and Maintenance of a Sewer Line on Hancock Street Be it Ordered by the City Council of the City of Bangor that, The City Manager accept and execute a Sewer Easement on Hancock Street with Northern Light Health for the installation, inspection, and maintenance of pipes, manholes, and appurtenances to convey sanitary sewage and connect to an existing sewer interceptor. Said easements shall each be in a form acceptable to the City Solicitor or Assistant City Solicitor, which may include - if necessary - reasonable indemnification language. 21-017 NOVEMBER 23, 2020 EASEMENT DEED MAP 055 LOT 185 EASTERN MAINE MEDICAL CENTER ("Grantor"), a nonprofit corporation organized and existing under the laws of the State of Maine, for consideration paid grants to the CITY OF BANGOR ("Grantee"), a municipal corporation organized and existing under the laws of the State of Maine and located at Bangor, Penobscot County, Maine, a perpetual easement and right-of-way over, across, in and to certain land described below (the "Easement Premises"). The Easement Premises are a portion or portions of that parcel or parcels of land located in Bangor, Penobscot County, Maine and described in the deed from Helena J. Coughlin, et al. to Eastern Maine Medical Center, dated November 7, 1979, and recorded in the Penobscot County Registry of Deeds in Book 3037, Page 87 and being, as of September 17, 2020, located on Map 055, Lot 185 on the City of Bangor tax maps (said burdened property being herein referred to as the "Burdened Premises"). The Easement Premises is more particularly described as follows: Being an approximately 20 foot wide strip of land over the Burdened Premises, beginning at a point along the southeasterly bound of the Hancock Street right of way 16.3 feet from the westernmost corner of the Burdened Premises and measured from said corner by following said southeasterly line of Hancock Street; thence along said southeasterly line of Hancock Street on a curve to the right having a central angel of 2°23'42", a radius of 537.41 feet, for an arc length of 22.46 feet; thence on a bearing S3 1'04'29"E for a distance of 53.55 feet; thence on a bearing S17°32'06"W for a distance of 87.01 feet to the southernmost corner of the Burdened Premises; thence along the property line on a bearing N26°30'01"W for a distance of 16.27 feet; thence along the property line on a bearing N44°04'56"E for a distance of 24.36 feet; thence along the property line on a bearing N26°34'26"W for a distance of 28.13 feet; thence on a bearing N17°32'06"E for a distance of 24.29 feet; thence on a bearing N3 1'04'29"W for a distance of 34.29 feet to the point of beginning. The purpose of this Easement is to allow for the installation, inspection, and maintenance of pipes, manholes, and appurtenances in the Easement Premises and across the Burdened Premises for the purpose of sanitary sewage conveyance. The Grantor agrees that the Grantee, its employees, designees or agents may, to the extent reasonably necessary, enter upon the Easement Areas, with prior permission from the Director of Facilities of the Grantor, which permission shall not be unreasonably withheld, in order to install, inspect, collect data from, and maintain, and monitor the sanitary sewer within the Easement Premises. The Grantor further agrees that the Grantee, its employees, designees or agents may enter upon the Easement Premises in order to make tests, take samples, make measurements, and conduct other activities for the purpose of determining the quantity and quality of the waters in and passing through the Easement Premises. The Grantor further agrees that it, its successors and assigns shall not place fill, plant or construct trees, shrubs, buildings or other structures within the Easement Premises without the City of Bangor's Engineer first agreeing to said planting or construction, but Grantor shall otherwise have full use and enjoyment of its property. The Grantor further grants the Grantee, with prior permission from the Director of Facilities of the Grantor, which permission shall not be unreasonably withheld, the right to trim, clear, cut or remove any trees, brush or other vegetation planted or naturally growing, and to remove without payment of damages or compensation any building or structure now or hereinafter located on the Easement Premises. In the event of abandonment of the Easement or termination of its use, the Grantee covenants for itself and its successor and assigns, to cap, remove or otherwise stabilize and make safe in accordance with accepted engineering practices, all piping, culverts and related structures or reimburse Grantor upon receipt of invoices or bills for the reasonable cost of said stabilization. The Grantee covenants and agrees to take all reasonably necessary precautions for its own protection and for the protection of vehicles and pedestrians from damage or injury by Grantee, its agents, lessees, invitees, employees or others while using the Easement, having due regard for the hospital operations in the vicinity. Grantee covenants and agrees to reimburse Grantor for any and all costs reasonably incurred by Grantor for work performed or precautions taken by Grantor in connection with the Easement. Before any work is performed within the Easement Premises by or on behalf of the Grantee, advance written notice thereof shall first be given to the Director of Facilities of the Grantor and all work shall be performed in accordance with and conforming to such plans, specifications and time limits as shall have been approved in writing by the Director of Facilities of the Grantor, which approval shall not be unreasonably withheld. Said work shall be subject to inspection by the Director of Facilities of the Grantor for compliance with said plans and specifications. By the acceptance of this deed and as partial consideration therefor, the Grantee agrees to indemnify, defend and hold harmless the Grantor (including its officers, employees, agents, directors, and corporate parents and affiliates) from and against any and all loss, liability, damage, cost and expense (including reasonable attorneys' fees) occasioned by or associated with any claims, suits and/or enforcement actions (including any administrative or judicial proceedings and any remedial, removal or response actions) ever asserted, threatened, instituted or requested by any person and/or governmental agency on account of: (a) any release of oil or hazardous materials or substances of any description on, upon or into the Premises in contravention of any ordinance, law or statute (including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601, et seq., as amended) first arising or occurring after the date hereof and caused by Grantee or any party acting by, through or under Grantee, or any other users of the sanitary sewer within the Easement; and (b) any and all damage to real or personal property, natural resources and/or harm or injury to persons alleged to have resulted from such release of oil or hazardous materials or substances. The Grantee, its successors and assigns, covenant and agree to indemnify and save harmless the Grantor, its parent, affiliates, officers, agents, employees, lessees and licensees from and against any and all loss, cost, damage or reasonable expense attributable to the use, maintenance, installation, removal or existence of the Easement; including, but not limited to, damage to the property of the Grantor, except that damage to property specifically permitted by this easement or by the Facilities Director under this easements shall not be indemnified by the Grantee, or the property of others, injury or death to the employees of the Grantor or of others due directly or indirectly or in any way attributable to the use, maintenance, installation, or removal of materials and apparatus comprising the subject -matter of the Easement, except to the extent due to the negligence or willful misconduct of the grantor, its employees, officers, or agents. The Grantee agrees that (1) any exercise of the rights herein granted to it shall be conducted in the least intrusive manner practicable, and that any excavation, installation, construction, repair, or maintenance activities pursuant to this Easement shall be done in a good and workmanlike manner under the supervision of the City Engineer and his designees; (2) after each entry upon the Easement Premises by the Grantee for the aforesaid purposes, the Grantee will promptly restore the surface of the Easement Premises as nearly as practicable to the same condition, which shall not violate Grantor's covenants, as existed prior to such entry; and (3) the Grantee shall exercise due care in the exercise of the rights granted hereunder so as to minimize the disturbance of any structures or improvements located on the Burdened Premises and shall promptly repair any damage to such structures or improvements, which are not in violation of Grantor's covenants, arising from the exercise of the rights granted hereunder. WITNESS our hands and seals this Witness State Of Maine County of Penobscot, ss day of , 2020. Then personally appeared the above-named EASTERN MAINE MEDICAL CENTER By: _ Name: Its: 2020 and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said body corporate. Before me, Notary Public/Attorney-at-Law My Commission Expires CITY OF BANGOR Witness Catherine M. Conlow, City Manager State of Maine Penobscot, ss , 2020 Then personally appeared the above-named Catherine M. Conlow and acknowledged the foregoing instrument to be her free act and deed. Before me, Notary Public/Attorney at Law SAWCUT PAVEMENT, TYP. �5 f; �S S$ I', SSSS SS S SS �r x SIDEWAUK SS ORM DRAIN � 1S MAP 55—LOT 185 L MAP 55—LOT 1821 �pb,��/' EASTERN CMAINE ENTER MEDICAL 431 HANCOCK ST1 t ss / . r' 1000, �f-/' ' MAP 54—LOT 229—B D ,D 2D 1000, 499 HANCOCK ST ST EASTERN MAINE MEDICAL CENTER ( IN FEET ) 1 inch = 20 ft. III:Y:hIII '3III tIIIIIII� i `g STATE AND HANCOCK STREET Ha Date Redeton IMPROVEMENTS DSDW. DRAWN BY: ZUTILITY P BANGOR, MAINE is CHECI�D BY: APRlOhD BY: JLD n SEWER EASEMENT - NLH/EMMC FOMENT ENGIB ng r. • SCALE 11/10/2021 •'I '�=20' MaNG ine Tel: (207)992-4250 IN CITY COUNCIL NOVEMBER 23,2020 CO 21-017 Motion made and seconded for Passage of Consent Agenda Vote: 9—0 Councilors Voting Yes: Davitt,Dubay,Fournier, Hawes,Nichols, Okafor, Schaefer, Sprague, Tremble Councilors Voting No: None Passed �e_ -i 0 2=5� z CITY dIE RK