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Home My WebLink About2013-06-24 13-215 ORDERCOUNCIL ACTION Item No. 13-215 Date: June 24, 2013 Item/Subject: Order, Authorizing Execution of an Easement to Bangor Natural Gas Company — 611 Maine Avenue Responsible Department: Engineering Commentary: This order will authorize the execution of an easement with Bangor Natural Gas to serve property leased to Global Company, LLC located on the north side of Maine Avenue. The property is owned by the City of Bangor and requires an easement for the installation of gas pipeline. To provide the service, BNG proposes to install a 4 inch high pressure coated steel service line, in a 24 inch wide trench. This has been reviewed and recommended by the Infrastructure Committee on June 11, 2013. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for Passage First Reading Referral Order, Easement Arthur B. Morgan, P.E. Department Head !moi!• �� WIN Finance Director Page _of_ 13-215 JUNE 24, 2013 Assigned to Councilor Gallant f� GITY OF BANGOR 4j� FE�r (TITLE.) ORDER, Authorizing Execution of an Easement to Bangor Natural Gas Company - 611 Maine Avenue By the City Couna'l of the City of Bangor. ORDERED, That Catherine M. Conlow, City Manager, is authorized to execute an easement to Bangor Natural Gas Company for the installation of a 4 inch, high pressure coated, steel service line into a 24 inch trench to provide service to property owned by the City and leased to Global Company, LLC., located at 611 Maine Avenue. Said easement shall be in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL June 24, 2013 P s CITY CfkRK 13-215 JUNE 24, 2013 EASEMENT KNOW ALL MEN BY THESE PRESENTS, That CITY OF BANGOR, a municipal corporation, located in Bangor, in the County of Penobscot and State of Maine, being the owner in fee simple of certain lands located in the City of Bangor, County of Penobscot, State of Maine, and described as follows, viz: The land and premises conveyed by United States of America to the Grantor herein by deed dated December 18, 1968, and recorded in the Penobscot County of Deeds in Book 2148, Page 67, as confirmed by a "Confirmatory Deed" dated April 28, 1969 and recorded in the Penobscot Registry of Deeds in Book 2156, Page 449; and other land and premises originally conveyed by the Grantor herein to the United States of America by deed dated December 29, 1942 and recorded in the Penobscot Registry of Deeds in Book 1205, Page 345, title to which reverted to the Grantor herein in December, 1968, upon decommissioning of the former Dow Air Force Base; in consideration of One Dollar and other valuable considerations, paid to the undersigned by BANGOR GAS COMPANY, LLC, a Maine Limited Liability Company having its legal location and principal place of business at Bangor, County of Penobscot, State of Maine, the receipt whereof is hereby acknowledged, does hereby grant to said Bangor Gas Company, LLC, its successors and assigns forever, the rights, privileges and easements hereinafter set forth which are to be exercised upon and with respect to so much of a strip of land 10 feet in width for its entire length as lies within the aforesaid lands. The centerline of the underground gas line as installed, shall mark the centerline of said strip. A map attached hereto as Exhibit "A" shows the approximate location of said underground gas line. The rights, privileges and easements hereby conveyed are for utility purposes and are as follows: The right to enter upon said lands with men and conveyances and all necessary tools and machinery; to excavate, lay, bury, construct, reconstruct, install, maintain, operate, alter, repair, rebuild, upgrade, inspect, replace, in the same or different size, patrol, remove and use, all as,the Grantee, its successors and assigns, may from time to time desire, along, across, under and beneath said strip of land; a main or mains, pipe line or pipe lines, protective and safety devices, valves, cathodic protection devices, and other apparatus used or useful for the transmission of natural and artificial gas and all by products thereof and/or any liquids, gases or substances; the right to transmit the aforesaid at any lawful pressure and for any lawful purpose; the right to clear and keep said strip of land cleared by any lawful means of trees, undergrowth and all other obstructions. Also conveying to said Bangor Gas Company, LLC, its successors and assigns, the right to assign to others, in whole or in part, any or all of the rights, privileges and easements herein conveyed. The Grantor herein for itself, and its successors and assigns, covenants and agrees to and with said Bangor Gas Company, LLC, its successors and assigns, that it will not erect or maintain any building, mobile home, or other structure, or permit the erection of maintenance of any building, mobile home, or other structure, of any kind or nature upon said strip of land, any or all of which in the opinion of said Bangor Gas Company, LLC, its successors and assigns would endanger or interfere with the exercise of any of the rights, privileges and easements so conveyed. Further conveying to said Bangor Gas Company, LLC, its successors and assigns, the right to establish any and all safety regulations which said Bangor Gas Company, LLC, its successors and assigns, in its sole discretion deems necessary and proper for the operation of the rights herein granted and for said transmission any interference or violation by said Grantor, its successors or assigns, as determined by the Grantee, its successors and assigns, of said safety regulations, shall constitute an interference with and violation of the rights, privileges and easements hereby granted. 13-215 JUNE 24, 2013 This conveyance is subject to the Grantee's agreement and covenant to promptly restore the surface of the Grantor's land to its prior condition after an excavation or disturbance to said surface in connection with the exercise of the rights, privileges and easements herein granted, such restoration to be limited to regarding, rcgrass-seeding, and reasphalting of said surface. Provided, however, that Bangor Gas Company, LLC shall indemnify and save harmless said City of Bangor from and against any liability, loss, damage and fines arising out of Bangor Gas Company, LLC's activities on or use of the easement area including but not limited to environmental liabilities. Provided, however, that Bangor Gas Company, LLC shall comply with all FAA requirements, and not cause visual or other interference with flight operations, radio navigation systems, or radio voice communications. TO HAVE AND TO HOLD the said rights, privileges and easements to said Bangor Gas Company, LLC, its successors and assigns forever. IN WITNESS WHEREOF, the said CITY OF BANGOR has caused this instrument to be executed by its duly authorized representative this day of 'A.D. 2013. Witness STATE OF MAINE (By) CI'T'Y OF BANGOR Catherine Conlow City Manager County of PENOBSCOT, ss: 12013 Then personally appeared the above-named CATHERINE CONLOW, City Manager, and acknowledged the foregoing instrument to be his free act and deed Of said body corporate. Before me, Notary Public Attorney -at -Law a \� / / y \ ��ccnn e e JUN 2013 a / / BAR SCALE�\�� a s o lays ars 75 CUSTOMER SHALL COO DI T€ GO GAS syn / n ENGINEER AND r OR K-0UT CE \ y POST LOCATIDN$ F tX1=fEEi AR PRIOR YO PIP IJE C CTIO \ r ) / / / - ACTUAL RISER L0�`AT O SHALL BE D MINE f / 44 - ' NGO GAS EN NSE\R g IN FIELD APPROX. 6.5', 1 `3� M FACE OF PO - . �'y / / j4 \ \ Sb9 RTE WITH y� g CUSTOMER S GAS ENGI TO INSTALLATION / / >9 \ BGtISI-0ot-2 CONTRACT SHALL USE ELOO T6 /J? SRION OVE OR BELOW UTI�S, 37AS N�C., Y. 6" STEEL \koo „= a� - s/�E0.SEM� AAEA �� `53 a' OD 6" ST mrtw.rl �aouae w eu arm ars rw �� ara us I'/ 1yX \. / y / a 1 � ®i mwiura�nmvieel JWla 4'/' STEEL ELBOWS ra / AAN6 BALIMARKERS i0tSQ 4 XO /TAPE TO ELBOW) o mwxrrr.omr /y // _(VUCT PIPELINE us>Ivx r . 12.0', 10. ENT MO CON CR CU ° ®�, 15" CMP / SEE NOTE.B'� / See Ref BGR2-6-720-16-22 e®a�ats " CONDUIT m NN • ®�f® tP. / »/ • �® P mx6Mlepr rn¢am COE NATYIRAL GAS PIPELLrjNE 7 .'' "� �@- a 10' EASEM�IJN / .�/� 2kO ®,• tCFWE BOX CULVERT yt•r See Ref BGR2-6-720-16-22 ELINE / '� GUARDRAIL i�/I�]/N�)/y��V��/�''�j`1■w ow 1.....,. .......... .......... e ° ,,//,_ �/Q• //////\J\J\J//// / DSII�UIeII gar mrnvml CITY OF BANGOR EASEMENT FOR 611 MAINE AVENUE / - " � / roe In Dons nvs 111 t a 1