HomeMy WebLinkAbout1973-08-13 216 AA ORDER216 AAV A,
Introduced by Councilor Italian, fearer 13, 1973
a' CITY OF BANGOR
QITLU WrUrr, Authorizing the City Manager to Wecute Pipe Line. Agreement_.
By the City Council of the CHy of Bangor:
ORDERED,
THAT the City Manager is hereby authorized and directed to execute o
behalf of the City of Bangor a pipe line agreement with Mobil Pipe Line Company,
a copy of said agreement being attached hereto and made a part hereof.
216 AA
IN CITY COUNCIL
Au St 13, 1973
Passed
ORDER
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PIPELINE AGREEMENT
THIS AGREEMENT made this day of , 1973, by and
between the CITY OF BANGOR, a municipal corporation located In the County of
Penobscot, State of Maine (Grantor) and MOBIL PIPE LIM COMPANY, a corporation
organized under the laws of the State of Delaware (Grantee).
WTTNESSETH:
Grantor, for and in consideration of the sum of One Thousand Two
Hundred and Fifty ($1250.00) Dollars and the covereard herein Contained on the
part of Grantee to be kept and performed, hereby grants to Grantee, subject to
termination as hereinafter provided and under the terms, conditions and pro-
visions hereinafter contained, a right of way and easement to lay, construct.
maintain, operate, repair, renew, from time to time change the size of, and
remove one of more pipe lines with such valves and fittings as may be necessa
or convenient for the transportation of petroleum, gas and other petroleum
products in, under, along and across certain real estate situate in the City
of Bangor, Penobscot County, State of Maine, add described as follows:
A c erllne description of a tract of land in, through
find a certain 2 c
68 a act n owned by the City
of Bangor, a corporate cityin Penobscot County, Maine,
said 2.68 acre tract recorded in Volume 2075, Page 387 of
the Deed Records of Penobscot County, Maine and being more
particularly described as follows:
BEGINNING at a paint In a line, said line being the north-
easterly line of a certain 2.68 acre tract a recorded in
Volume 2075, Page 387 in the Sued Records of Penobscot
County, Me Led; said line also being the southwesterly line
Of a tract of land owned by Mobil Oil Corporation a
corded in Volume 628, Page 20 of the Deed Records of
Penobscot County, Maine; said point belga easterly along
said line a distance of 89.90 feet, more or lase, from a
point marking the northeast corner of said 268 acre tract;
thence S 88° 12' W, 6.72 feet to a point'
thence N 52° 46' 45" W 67.74 feet to a point:
thence S 58' 54' 30" W 40.35 feet to a point
thence S 370 43' 15" W 104.36 feet to a point'
thence S 15. 11' 45" W 54.70 feet to a point'
thence S 35. 11' 45" W 41.30 feet to a point;
thence S 800 L1' 45" W 23.05 feet to a point;
thence S 250 00' 45" W 77.85 feet, more or less to a point,
being the southwesterly line of said 2.68 acre tract and
the northeasterly line of a right-of-way owned by the
Bangor Hydro-glectric Company as
recorded in Volume 1334,
Page 482 of the Deed Records of Penobscot County, Maine;
said point being southeasterly along said line a distance
of 13.06 feet, more or less, from a point marking the
intersection of said line with the southwesterly right-of-
way line of the Maine Central Railroad; said centerline
containing 416.27 feet or 25.23 code, more or less.
zo&L'� assay
Said pipe Line of pipe lines shall be laid and constructed
in accordance with plans entitled "Bangor Terminal Chevron
6 Delivery Line," Drawing No. D -1398 -PL, dated May 9, L973,
on file in the office of the City Engineer, City Hall,
Bangor, Maine.
The parties further covenant and agree as follows:
1. Granter hereby reserves the right to fully use and enjoy said
premises in a manner necessary and convenient for its own purposes, including
but not limited to the operation and maintenance of sewer treatment facilities
presently located adjacent to said right of way. Whenever, n the opinion of
Grantor, said pipeline or pipelines interfere with Grantor's use of said
premises, or if Grantor determines it necessary to expand said sewer Rest.
ment facilities into said right of way, Grantee agrees, at its own expense
and risk, within sixty (60) days after written request from Grantor, to take
all necessary action, Lower, relocate orreconstruct said pipeline r pipelines
as may be required by Grantor. In the event such lowering, relocation or
reconstruction becomes necessary, Grantor agrees to cooperate with Grantee,
and if possible. without interfering with Grantor's use of sold premises,
shall grant an additional right of way for purposes of said lowering,
relocation of reconstruction.
2. Grantee shall bury in, pipeline or pipelines at the depth of
at least forty-eight (4811) inches below the surface of the ground, and shall
promptly and properly back -fill excavations made by or for Grantee on the
premises.
3. Grantee hereby agrees to pay any larges of any kind whatsoever
to structure or equipment belonging to Grantor on said premises which may
avise from as a result of Grantee's exercise of the rights granted herein.
Said damages, if not mutually agreed upon, shall be ascertained and determined
by three (3) disinterested persons, one thereof to be appointed by Grantor,
its successors or assigns, one by Grantee, its successors or assigns, and
the third by the two so appointed as aforesaid, and the written award of such
three persona shall be final and conclusive.
4. Grantee, its employers and agents, at any and all times when
necessary, shall have free access to said pipeline or pipelines, over such
reasonable route as Grantor may designate or approve, for the purpose of
exercising the rights hereby granted.
5. The grant of right of way is personal to Grantee and shall not
be assigned by Grantee, in whole or in part, without the written consent of
Grantor first being had; provided, however, no consent shall be required in
event Grantee assigns this agreement to a wholly trend subsidiary having
assets in excess of One Million Dollars ($1,000,000). We written consent by
Grantor shall be deemed a waiver by Grantor of any of the provisions hereof,
except to the extent of each consent.
6. It is further understood and agreed that this agreement and
the rights and privileges herein given Grantee shall terminate in the event
that Grantee shall fail, for a period of one (1) year, to maintain and operate
said pipeline or pipelines.
>. This agreement and all interest of Grantee hereunder, at the
option of Grantor, shall forthwith terminate upon breach by Grantee of any
of the terms and conditions hereof and failure of Grantee to remedy the same
within thirty (30) days after written notice from Grantor to do so.
8. In the event of termination of this grant of right of any
Grantee shall thereupon, at its awn expense and risk, remove all pipe and
any other property placedby or for Grantee upon said land, and restore said
premises as nearly as possible to the same state and condition they were in
prior to the construction of said pipeline, but if Grantee should fail to do
so within sixty (60) days after such terminatior, Grantor nay so dc, at
Grantee's risk, and all coat and expense of such removal and the restoration
of said premises as aforesaid, shall be paid by Grantee upon domed.
9. Upon the termination of the rights hereby granted, Grantee shall
execute and deliver to Grantor, within thirty (30) days after service of a
written demand therefor, a good and sufficient quit claim deed with covenants
to the rights hereby granted. Should Grantee fail or refuse to deliver to
Grantor such deed, as aforesaid, a written notice by Greater reciting the
failure or refusal of Grantee to execute and deliver such deed, as herein
provided, and terminating the grant shaLl, after ten (10) days from the date
of recordation of said notice in the Penobscot Registry of Deeds, be conclusive
evidence agaimt Grantee and all persons claiming under Grantee of the
termination of said grant.
10. It is hereby understood that the party securing this grant on
behalf of Grantee is without authority to make and has not made any serenade,
agreement of representation not herein expressed.
IN WITNESS WHEREOF the Grantor and Crantee, by and through their
authorized representatives, have hereunto set their bands and seals of the
parties Mrem the day and year first written above.
Signed, sealed and delivered
In the presence of: CITY OF ZURGOR
Ey:
Merle F. Goff, City Manager
MOBIL PIPE LINE COMPANY
srnrg OF MAINE
PNNCBNCUF, se.
Core: , 1973
Then personally appeared the above -caved Merle F. Goff, City
Manager of the City of Bangor, a municipal corporation located in Penobscot
County, State of Maine, and acknowledged the foregoing instrument to be his
free act and derin his full capacity and t,,e free act and deed of said
municipal corporation.
Before me,
Notary Public