HomeMy WebLinkAbout2022-09-12 22-315 OrderCITY COUNCIL ACTION
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22-315
SEPTEMBER 12, 2022
EASEMENTDEED
MAP 059LOT 025
EASTERN MAINE MEDICAL CENTER(“Grantor”),anonprofit corporation organized
and existing under the laws of the State of Maine, for consideration paidgrants 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 tocertain 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
Maine Health and Higher Educational Facilities Authority of Bangor to Eastern Maine
Medical Center, dated June 30, 1981, and recorded in the Penobscot County Registry of
Deeds in Book 3200, Page 69 and being shown as “Lot 1” on a plan titled “Final Plan of
the Third revision to subdivision of Eastern Maine Medical Center, filed in Plan Book
2013, Page 188 with the Penobscot Registryof Deeds, and located on, as of May 1, 2022,
Map 059, Lot 025 on the City of Bangor tax maps (said burdened property being herein
referred to as the “Burdened Premises”).
The Stormwater Easement Premises, which are depicted in Exhibit A, attached hereto, are
more particularly described as follows:
Being a strip of land over the Burdened Premises 10 feet on either side of the
following described centerline, with said centerline beginning at a point being
the center of an existing drain manhole within the Burdened Premiseslocated
415.57 feet S63°38’26”E from a point along the northerly bound of the State
Street right-of-way where it intersects with the westerly bound of the Otis Street
right-of-way, said point being the point of beginning as is described in a deed
from WEG INC. to JAS HOGAN ROAD, LLC and recorded at the Penobscot
County Registry of Deeds in Book 15196 Page 144; thence on a bearing
S64°41’30”W for a distanceof 140.70 feet to a drain manhole;thence on a
bearing N69°44’42”W for a distance of 17.20feetto a drain manhole;thence
on a bearing N28°23’42”W for a distance of 186.29feetto a drain manhole;
thence on a bearing N19°01’23”E for a distance of 21.17feetto a drain
manhole; thence on a bearing N61°21’52”E for a distance of 143.06feetto
drain manhole F08-4032, so identified by the City of Bangor; thence on a
bearing N6°36’48”W for a distance of 39.48’ to the southerly line of the State
Street Right of way; thus terminating this portion of the centerline and
beginning anadditional centerline at said drain manhole F08-4032, so called;
thence on a bearing N61°21’52”E for a distance of 20.67feetto a point to a
proposed drain manhole, thence on a bearing N18°40’42”W for a distance of
37.09 feet, more or less, to the southerly bound of State Street Right of way.
The Sewer Easement Premises, which are depicted in Exhibit B, attached hereto, are more
particularly described as follows:
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SEPTEMBER 12, 2022
Being a strip of land over the Burdened Premises 10 feet on either side of the
following described centerline, with said centerline beginning at a point being
the center of an existing sewer manhole within the Burdened Premiseslocated
413.48feet S61°14’22”Efrom a point along the northerly bound of the State
Street right-of-way where it intersects with the westerly bound of the Otis Street
right-of-way, said point being the point of beginning as is described in a deed
from WEG INC. to JAS HOGAN ROAD, LLC and recorded at the Penobscot
County Registry of Deeds in Book 15196 Page 144; thence on a bearing
S65°10’02”W for a distance of 128.48feet to a sewer manhole; thence on a
bearing N75°18’48”W for a distance of 22.50feetto a sewer manhole; thence
on a bearing N27°45’42”W for a distance of 193.79feetto a sewer manhole;
thence on a bearing N19°22’12”E for a distance of 27.79feetto a sewer
manhole; thence on a bearing N61°45’51”E for a distance of 129.24feet to a
sewer manhole; thence on a bearing N26°59’57”W for a distance of 31.48 feet,
more or less, to the southerly line of the State Street Right of way.
The purpose of this Easement is to allow for theinstallation, inspection, and maintenance
of pipes, manholes, and appurtenances in the Easement Premises and across the Burdened
Premisesfor the purpose of sanitary sewageand stormwater conveyances.
The Grantor agrees that the Grantee, its employees, designees or agents may, to the extent
reasonably necessary,enter upon the Easement Areas.in order to install, inspect, collect
data from, and maintain, and monitor the sanitary sewer within the Easement Premises.
Except for emergency circumstances in which prior notice and permission cannot
reasonably be given and obtained, Grantee shall, before entering the Easement Premises,
seek and receive permissionfrom theGrantor’sDirector of Facilities,or, if the Director of
Facilities is unavailable,the Grantor’s security department,which permission shall not be
unreasonably withheld.
The Grantor further agrees that, subject to the permission provisions in the paragraph
above, the Grantee, itsemployees,designees or agents mayenter upon the Easement
Premisesin order to make tests, take samples, make measurements, and conduct other
activities for the purpose of determining thequantity andquality of the waters in and
passing through the Easement Premises.
The Grantor further agreesthat it, its successors and assignsshall notplace 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, which
agreement shall not be unreasonably withheld, 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 Grantorunless such prior permission is
precluded by emergency circumstances, 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 compensationany
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
22-315
SEPTEMBER 12, 2022
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. Except for emergency circumstances in which prior notice and
permission cannot reasonably be given and obtained, Grantee will provideadvance written
notice to the Director of Facilities before any work is performed within the Easement
Premises by or on behalf of the Granteeand all such work requiring advance written notice
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 Easement 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 Easement
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
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SEPTEMBER 12, 2022
to the use, maintenance, installation, or removal of materials and apparatus comprising the
subject-matter of the Easement, except to the extent caused bythe negligence or willful
misconduct of the Grantor, its employees, officers, or agents.
The Granteeagrees 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 Easementshall 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 Premisesby the Granteefor the aforesaid purposes, the
Granteewill promptly restore the surface of the Easement Premisesas nearly as practicable
to the same condition,which shall not violate Grantor’s covenants,as existed prior to such
entry; and (3) the Granteeshall 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 BurdenedPremisesand 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 ____ day of _______________, 2022.
__________________________ EASTERN MAINE
Witness MEDICAL CENTER
By: __________________________
Name: ________________________
Its: __________________________
State OfMaine
County of Penobscot, ss ___________________________, 2022
Then personally appeared the above-named ____________________________________
_____________________________________________ 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
22-315
SEPTEMBER 12, 2022
My Commission Expires
CITY OF BANGOR
______________________________ ______________________________
WitnessDeborah Laurie, City Manager
State of Maine
Penobscot, ss _______________________, 2022
Then personally appeared the above-named Deborah Laurie and acknowledged the
foregoing instrument to be her free act and deed.
Before me,
_________________________
Notary Public/Attorney at Law
22-315
SEPTEMBER 12, 2022
22-315
SEPTEMBER 12, 2022
IN CITY COUNCIL
SEPTEMBER 12, 2022
CO 22-315
Motion made and seconded for Passage
Passed
CITY CLERK