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HomeMy WebLinkAbout2022-09-12 22-315 OrderCITY COUNCIL ACTION Council Meeting Date: Item No: Responsible Dept: Requested Action: Summary Committee Action Meeting Date: For: Against: City Manager City Solicitor Finance Director Map/Lot: Introduced for: Order Committee: Action: Staff Comments & Approvals Date: Item No: Assigned to Councilor: 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: 22-315 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 22-315 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