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HomeMy WebLinkAbout1966-11-14 22-U ORDER22-U Introduced by Councilor Barry, Nov, 14, 1966 CITY OF BANGOR (TITLE) aDrbfrt ..antnorinLng City manager to axe me aerevont.,neh By G ty coastal of Cisy of Bavpor: ORDERED, THAT the City Manager is authorized to execute the attached easement agreement with the Barrett Division of Allied Chemical Corporation to permit the installation of the interceptor sewer across said Barrett Division property, and It is further ORDERED, that payment in the amount Of one thousand dollars ($1,000.00) Is authorized for said easement. IN CITY COUNCIL Nov. Ly 1966 The ordinance requiring the filing of a order was suspended by the following fee and no vote: Councilors voting yes: Baldacci. Barry, Brom, Houston, Hunt, MCR}y, Minsky, Porter. Councilor Brouatas absent. This order was than received and PARS . a... •1 IA. `Illpi zz-u ORDER Title, AutM1., City. t .ger to Execute Agreement „vn, Allied Chemical ...................... Introduced and Rled by 7 ������owCiLne 1 Rider A 1. Dyke, railroad eidi4ge or other facilities of Grantor within path of sever pill be replaced by Grantee upon completion of construction, maintenance or replacement pork performed by Grantee. Sewer pill be protected or reinforced so that surface of ground cover - Ing sever Rill carry railroad traffic and tank truck traffic where we subjected to such loads end in no event hill load bearing clar- acteristics of fill over sever be less than 3,000 pounds per square foot. 3• Original construction work will be completed either during monthe beginning In October, 1966 and ending with March, 1967 or during s period beCinnlag with October, 1967 and ending with Punch, 1968. Truck and passenger car access to Grantor's property shall be mafa- wined at all three. Railroad service awe existing sidings shell be maintained to extent practicable{ but in no event will siding entering at southwest corner of drawer's property be cut of service at the same time that the two sidings entering at northern border of Creator's property are out of service and the latter two sidings shad not be taken out of service prior to D. -ember 1, of the year In which the work is begun and all sidings shall be restored to service on or before Merch 31, 1967 or March 31, 1968 as the cane W be. EASEMENT AGREEMENT For and in consideration of the am of One Dollar ($1.00), and other good and valuable considerations, the receiptwhereof ishereby admored- edged, and the mutual surmounts and undertakings berem contained, A nro Cazare.v. Courmorrione a emporation organized and existing order the laws of the State of New York, having its principal office at 61 Broadway in the Borough of Manhattan, City, County and State of New York, hereinafter referred to as "Allied Chemical", hereby stand and conveys, without warranty, and only m the extent bat it may have the right to do so, onto city of sangor a corporation organized and existing under the lane of the State of Rhine having its principal odea at Hengorr Mein , hereinafter referred to as " promise ", aper- manent right-of-way, and easement for the purposes hereinafter specified, over, under, amoss and upon a strip of land of Allied Chemical's property, which said strip is eight feet in width (or of such lesser width as Allied Chemical may own within four feet of the center line of said strip projected beyond the boundary has of Allied Chemical's said property) and is situate in the Oity of Sanger , County of Penobscot , and State of Maine , the center line of said strip being JIMM 1Com an or near the westerly border of the property described in Schedule "A" attached hereto and made a part hereof. Said center line being show on draving prepared by City of Bangor, bbgineering Department dated Sept®ber 22, 1966, Plan # 5-656 and entitled "Right of nay plan, Penobscot Interceptor", attached hereto and made a part hereof as Exhibit "A". The rights herein greaten, are subject to: (1) Any and all liens and encumbrances of whatsoever kind, including but without limitation, traces, easements, rights-of-way and licensee, nw existing over, under, across or upon said strip of Road, and (2) The following terms and conditions: (a) The aforesaid right-of-way and casement shell be for the purpose of Creates's constructing, operating, mam- mining, repairing, altering, replacing and removing the follow - ingimplies within said strip of laud: A 48" Interceptor Saner constructed underground as indicated on Exhibit "A" attached. subject to termination, extinguishment and reversion, in the event: (i) Grantee stall fail to use said rightof-way and ease- ment for such purpose for a period of twelve (12) consecutive months; or (1f) Grantee shall violate any of the terms and condi- tions hereof, and shall fail to remedy the same within thirty (HO) deya after written nation from Allied Chemical so to do. In the event of such termination, extinguishment and reversion, Grantee atoll deliver to Allied Chemical, upon regimen, an lustre mustin proper form for recording, releasing said strip of land from said rightof-way and easement. (b) Grantee, at its sole cast, risk and expense, shall per- form all work necessary in couneatfon with the eonetxmtion, operation, maintenance, repair, alteration, replacement and re- moval of its said facilities, at Bush time or times, is so& manner, and with such materiels and under such conditions as shall be in omplfaneewithgoodengineeringprastiwB. Siidfacifihossholl be constrested in such manner that Base Hider A attached and upon completion of construction,/!]reduce ehel�slevel the ffider A surface of said strip of land and restore it to the same or as good conditionaeitwaainonthedatehereaf. Grameishollfurnishto Allied Chemical a copy of said Exhibit "A" showing thereon the aetivoloentionof Grantee's edidfacilitiee ea eonstmetedwith- - in said strip of land (a) Grmder shell have ttedoh °are�xa� a, SefVit °A^ attached from said strip of land/at tau reached le times o r purpose of exercising and enjoying the rightof-way and easement herein United. Said right of ingress and egress shell be woroined only over such route or routes as shall from time to time be approved in writing by Allied Mended. (d) Allied Chemical expressly reserves the right: (i) to make every use of said strip of land for Allied Chemical's awn purposes, including, but without limitation, mining and extras tion of nerals, salt, oil, use, petroleum and other hydrocarbon substances, add other substances in any physical form; sogatruc San or erection of buildings, equipment, surveyors, railroads, roads, and any other Installation or facilityhowever designated; and change in, modification of, or improvement to any existing installation or facility in, on, under or over said strip of land; add (ii) to leers or grant other esaements. rights-of-way or diseases covering or affecting all or any part of said strip of land; provided city, however, that any such we by Allied Chemical or any such lease, easement, rightofor license shall not unrea- sonably interfere with the permitted use by Grantee. (a) within musty (90) days after the termination or ertin- gushment of the rights herein granted, Granter shall, at its sole cost, risk and expanse, remove all of its said facilities and all of its other property from said strip of load, clear and level said strip of land and restore it to the same or as good condition as itwas in on the data hereof. In the event that Grantee fails so to remove its said facilities and property and/or to restore said strip of land, Allied Chemical shell have the right, at Grantee's expense, to offset Bush removal and/or to restore said strip of land, Grantee shell reimburse Allied Chemical, upon demand, for the cost thereof, and said facilities and any other property may be treated as property of Allied Chamieal and sold or other - wine disposed of by Allied Chemical as it sees St, all without liability of any ]dad to Grantee by reason thereof, and without prejudice be Allied Chemical's right against Graatee for fail rehalimaement of costa incurred. (f) Allied Chemical shall not be liable to Grantee for any loss, injury, damage, cost or expense suffered or sustained by Grantee or by its agents, servants, employees, contractors or invitee, which results from any Dense whatsoever, including but without limitation, any loss, injury, damage, cost or expense used by chemicals, smoke, fumes, gases or mint from Allied Chemiaal's operations or activities on or in commotion with said strip of bond or any of Allied Chemical's other property. (g) Grantee shall reimburse Allied Chemical upon demand for any and all lose, injury, damage, cost or erpense which may be sustained by Allied Chemical as a result of Grantee's exercise of any of the rights herein granted. (h) Grantee hereby assumes Full responsibility for, and Wass to indemnify, exonerate and hold harmless Allied Chem- ical, from and against say and sit claims, demands, suits, judg- ments, or recoveries for or on account of any injury to or death of env person, including but without limitation, the agars, servants, employees, contractors and invitees of the parties hereto, and damage to property, mato ing but without limitation, property of the parties hereto and property of their agents, wants, employees, contractors and invitees, arising out of or any way connected with Grantee's exercise of any of the rights in granted, and notwithstanding that such injury, death or damage shall have been caused in part by the negligent act or omission of Allied Chemical. billed to Grantee, and otherwise shall reimburse Allis miael for, any and all taxes and assessments of cover kind or character which may be levied upon or sed agmnatom are of had or Grantee's said f s or other property thereon, and any increase in evied upon or aeeeeaed against Allied Chemical as at of Grantee's exercise of any of the rights gran reby. Allied Chemical shall submit to Grantee a copy for the amount due from Grantee hereunder (j) a event Grantee's said facilities or otter property anypartthe f, shall at any time, ta the sole opinion of Allied Chemical, interfer 'th latter's present or future operations, Grantee eball, at Gra¢ eapevae, within these (g) months after receipt of written noti do Be, rem said facilities and other property, or snob part th of, and relocate came, is ac- eordanoe with direction of Allied deal upon such strip of land of approximately the same width as a strip of land from which said facilities and other property so removed, and as suitable to such use as rhe operat' a editions of Allied be operations may permit. Grants ' right, privilege and authority at each such new location, and the - ieveaa§eeeof. (k) Any and all notieeo provided for herein shall be deemed to have been properly given ff the same shall have been mailed in sealed wrapper, postage prepaid, addressed to Allied Chemical asfollows: Allied Chmnival Corporation 40 Rector Street New York 6, N. Y. Attention: Legal Department and addressed to Grantee se follows: or to such other address as either party shall have directed in written notice given to the other prior to the mailing of any such notes. (1) This grant of right-of-way and easement is personal to Grantee and shall not be assigned or tratuderred by Grantee vol - maturity, by operation of law, by merger or other corporate pro- ceedings, or otherwise, in whole or in part, without the prior written consent of Allied Chemical. Except as so provided, any purported assignment or transfer shall be void. No written consent by Allied Chemical hereunder shall be deemed a waiver by Allied Chemical of any of the provisions hereof, except to the extent of such consent. Subject to the foregoing, the terms and coalitions of this Agreement shall inure to the benefit of and be binding upon the successors and cadges of the parties hereto. To DAva Ann To HOLD the aforementioned righ"f-way and ones - mount forever, for the purposes hereinabove specified, unto said Orontes, subject to the terms and conditions hereof. S Is WnrNrs WuaaxoF, the parties have set their hands and seals hereto as of the day of ,19 Awmo Cansooua Comeonsman 19y..................................... Arxxax: Vice President, Division ................. Aseietw8 t emetary BY..................................... Arrsax: President .................. Secretary Sairs oer Co os 1 n : On dile day of ,19 , before me , a notary public, personals appeared f the State, County and City of knows to me to be the person described in the Foregoingmarmn m, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein stated. In Witness Whereof, I leave hereunto set my hand and official seal. .............................. Notary Public Couanx or jsa. On this day of , 19Y , before me ofathet8tais,r County andll(;t fared known he we to be the person described m the foregoing instrument, end acknowledged tbet he executed the same in the capacity therein stated and for the purposes therem stated. In Witness Whereof, I have hereunto set my hand and official seal. ........................ Notary Public Schedule A METES AND E000DS DESCRIPTION OF PMElifiT OF SIda,D CI@/SCAL COSpondmON wcC u DANCOR, CWIfl OA PENOBSCOT, STAIN OF MAINE ( 1 !Y property emveyed to Allies CI:em3eal Corporation by McLaughlin Warehouse Co, by D ed dated 1-30-1959 recorded In Penobscot County Registry of Deeds in Volume 1969 at Page 70) beginning at of iron bolt in the easterly line of land now or formerly Owned or ocevpied by the Mine Cenral Railraad C:mpegv at a point where th': center line of Duck Street intersects said line of said Pailread Company's lend; thence south 210 24' west on and by said life a said Railroad Company's land fix hundred twelve and sixty-seven owe hundredths (612.67) feet t0 an iron bolt; thence deflecting to the left We 25' and running south 560 01' Fast eighty -rine (d9) Peet to the face of a bullbead and the harbor line a Penobscot River approved by the Secretary of Wer February 18, 1901; thence north 330 47' Past on end by said harbor line and bulkhead five hundred eight and fifty-three ave hundredthe (508.53) feet to an angle in said harbor line and bulkhead; thence north 25P 35' East on and by said harbor line and bulkhead one hundred eight awl eight seance (108.8) feet to a point; thence north 66011' Wet m and by the northeasterly face of a bulkhead ends extraction thereof one hundred eighty-five (185) feet to a point; thence north 260 05' west twenty-eight and fifty-eight one hundredths (28.58) feet to the _point of beginning.