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 .
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IA. `Illpi
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ORDER
Title,
AutM1., City. t .ger to Execute Agreement
„vn, Allied Chemical
......................
Introduced and Rled by
7
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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.