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HomeMy WebLinkAbout1968-12-23 55-W ORDERss -w Introduced by Councilor M/NSXy Dec. 23; 1968 :.0 CITY OF BANGOR (TITLE.) Mrbfr, -.A opting Easement from Maine Genual. Railroad - BY 6 ailroad By6 City Cau"411afWa City OfBaftyor: ORDERED, T"? the City Treasurer is authorized to accept the attached permanent easement from the Maine Central Railroad Company for the installation of the Hildreth Street Sewer extension across their track right-of-way and, be it further CRE)EREU, that payment inthe amount of twc hundred ninety dollars ($290.00) is authorized for said easement. 1368 ITEC 23 0.M 8. 94 CITY Cl FRK S,OrFFICE IN CITY COUNCIL Dec. 23, 1968 The ordinance requiring the filing of an order was suspended by the following yes and no vote: Councilors voting yes Balda<c i, Ballou, Barry, CW I HOustsnr Minsky, Nealleyr Phil Maud, excused fr om v ci nq. his es9&E,rese was then reserved andPA55ED 55-W ORDER Title, Accepting Easement - KRR - Hiidreth ...................................... Introduced and fled by Councilman 04Qt Maine central Railroad Company, a Corporation Organized and existing under the laws of the State of Maine and located at Portland in the County Of Cumberland and State of Maine in consideration of one dollar and other valuable considerations paid by the City of Bangor the receipt whereof it does hereby acknowledge, does hereby rrmUs. pdrass.haywtw. WH wad raworg and VarSarr iQnU-Qdm unto the said city of Bangor, its successors zhedasr end aeaigaa forever, the right and privilege to install, maintain, repair, operate, re- place and/or remove a sewer pipe under the right of way and main track of the Grantor situated in the City of Bangor, County of Penobscot and State of Maine and further described as follows: A 12" cast iron sewer pipe entering ontothe northerly side of the right of way at a point fifty-five (55) feet northerly of, as measured normal to, the base line of location of the Grantor as established by the Feder- al Valuation Survey dated June 30, 1916, at or near Valuation Station 2706+29.5; Thence extending southerly from the northerly side line of,the land of the Grantor ninety-nine (99) feet to the southerly side of the right of way. The Grantor reserves s for,itself, its successors or assigns, the right to constructor erect railroad tracks, buildings, platforms, structures or fixtures Over said sewer .pipe. By the acceptance of this deed, the Grantee herein covenants and agrees for itself, its successors and assigns, to exercise the fore- going right to install, maintain, repair, operate, replace and/or remove said sewer pipe on, under and along the land of the Grantor herein at the aforesaid locations in accordance with the following terms and conditions: 1. The promises across which said pipe is to be located shall be restored to their original condition upon Completion of the lay- ing, maintenance, repair, replacement and/or removal of said pipe and the Grantee shall properly seed or sod,filled land to prevent erosion. All Work done on said premises in exercise of this ease- ment shall be performed to the satisfaction. of the Chief Engineer of the Grantor, its successors or assigns, 2. The said Grantee shall reimburse the Grantor, its suc- cessors or assigns, for any and all expense which said Grantor, its successors or assigns,may incur by reason of the laying, mainte- nance, repair, replacement and/or removal of said pipe, under the terms of this easement, including cost of engineering supervision and flag protection deemed necessary by said Chief Engineer, as well as any levies, taxes orassessments on account of said pipe. 3. Said Grantee agrees to indemnify, protect and save harm- less the Grantor herein, its s and assigns, forloss of, damage to, or destruction of property 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 existence, laying,mintenance, repair, replacement and/or removal of said pipe, and said Grantee agrees to fully compensate and indemnify the Grantor, its successors or assigns, from anand all loss sustained c by the Grantor, its successors o signs,or -for any a= said Grantor, its successors or assigns, may be obliged to pay out there- for, including all expenses incurred in defending any suit or suits at law therefor. 4. If at any time the Grantor herein, its successors or as- signs, desires to change the elevation, alignment or location of its existing track or tracks, or shall desire to construct any addition- al track or tracks or other way, abutment, approach, fill or bridge at or in the vicinity of the aforesaid sewer pipe locations, said e Grantee, its successors or assigns, will at its sale cost and re- sponsibility make any changes in said sewer pipe 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. Me 4W no be Isom the same, together with all the privileges end appurtenances thereunto belonging, to it the said City of Bangor, its Successors xgwb'u8 and Assigns forever. }a }6iteP®IDIi¢YPI¢, the said Maine Central Railroad Company has caused this instrument to be sealed with its corporate soul and signed in its corporate name by E. S. Miller . its President thereunto duly authorized, this eleventh day of December in the year one thousand nine hundred and sixty-eight. Bignxd, Sealed nub iuiummb W Promote of gw)R� Soul Sialr at Suns. Cumberland ss. December ll, 18 68. Personally appeared the above named E. S. Miller, President of said Grantor Corporation as aforesaid, and acknowledged the foregoing instrument to be him free act and dead in his said capacity, and the free act and deed of said corporation. Before me, / Notary Public' wt MY tOMHI551UR G:PLrz3