HomeMy WebLinkAbout2013-10-16 13-323 ORDERCOUNCIL ACTION
Item No. 13-323
Date: October 16, 2013
Item/Subject: Order, Authorizing Execution of an Easement to Bangor Gas Company — 967
Illinois Avenue
Responsible Department: Engineering
Commentary: This Order will authorize the execution of an easement to Bangor Gas
Company to extend its gas line on City property at 967 Illinois Ave. and leased by Gary Hagan.
If approved Bangor Gas will be granted a ten foot wide easement from Illinois Ave to the
building located in the BIA subdivision, D17-94, Lot 7 & 8, Tax Map 101, Lot 010. This has been
reviewed and recommended for approval by the Infrastructure Committee on October 7, 2013
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
X Passage
First Reading
Referral
Easement, Location Map, Council Order
Arthur B. Morgan, P.E.
Department Head
L'a } Gj�oP
City Manager
Page _of_
Finance Director
Ci Solicitor
s
• o'E� 6' z
�RgTEO.fE r
It •v
(TITLE.)
13-323
OCTOBER 16, 2013
Assigned to Councilor Gallant
CITFY OF BANGOR
ORDER, Authorizing Execution of an Easement to Bangor Gas Company — 967
Illinois Avenue
By the Oty Coundl of the Olty of Bangor:
ORDERED,
That Catherine M. Conlow, City Manager, is authorized to execute an easement to Bangor Gas
Company to extend its natural gas line, across property in the BIA Subdivision D17-94, Lot 7 &
8 to provide service to 967 Illinois Avenue, City owned property leased by Gary Hagan. Said
easement shall be in a final form as approved by the City Solicitor or Assistant City Solicitor.
IN CITY COUNCIL
October 16, 2013
Passed
CI -TT qWRKV-774?,,P�
13-323
OCTOBER 16, 2013
Bangor Itural Gas
EASEMENT
KNOW ALL BY THESE PRESENTS, that the CITY OF BANGOR, a municipal
corporation having its principle offices at 73 Harlow Street, Bangor, County of
Penobscot, and State of Maine, hereinafter the "Grantor", being the owner in fee simple
of certain lands in the City of Bangor, County of Penobscot, State of Maine, and
described as follows, viz:
The land conveyed to the City of Bangor by the United States of America by
Confirmatory deed, on April 28, 1969, referred to as lot 10 on City Map 101, and
being leased to Gary Hagan,
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, hereinafter the "Grantee", 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 (locating tape & tracer wire) 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 Grantee, 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 Grantee, 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 Grantee, 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 Grantee, its successors and assigns, the right to
establish any and all safety regulations which said Grantee, 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.
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 re -grading, re -grassing -seeding,
13-323
OCTOBER 16, 2013
and re -asphalting of said surface. Provided, however, that Grantee shall indemnify and
save harmless said Grantor from and against any liability, loss, damage and fines arising
out of Grantee's activities on or use of the easement area including but not limited to
environmental liabilities.
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.
CITY OF BANGOR
(By)
Witness
STATE OF MAINE
County of PENOBSCOT, ss:
2013
Then personally appeared the above-named
acknowledged the foregoing instrument to be free act and deed of said CITY OF
BANGOR.
Before me,
Notary Public
Attorney -at -Law
Print Name:
7/30/2012
BAR SCALE
O(HIBfT A.
IWNOIS AVENUE
EASEMENT DRAWING
0
E*STING f 9 0'
�`A$EMEN �\�
10 0 MDE
EAS E ik-RT' AREA ;
Is
12.0'
K4" PE
13-323
OCTOBER 16, 2013
\
J.
K4" PE
13-323
OCTOBER 16, 2013