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
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MAP 54—LOT 229—B
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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
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CITY dIE RK