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HomeMy WebLinkAbout2013-10-16 13-324 ORDERCOUNCIL ACTION Item No. 13-324 Date: October 16, 2013 Item/Subject: ORDER, Authorizing Execution of an Easement to Bangor Natural Gas — Merchants Plaza, Pocket Park Responsible Department: Engineering Commentary: This order authorizes a 10 foot wide easement with Bangor Natural Gas to provide additional natural gas service in Merchant's Plaza Pocket Park. Staff recommends approval. Arthur B. Morgan Department Head Manager's Comments: This has been reviewed and recommended for approval by the Infrastructure Committee on September 16, 2013. ( x� City Manager Associated Information: Easement, Location Map, Order Budget Approval: Legal Approval: Introduced for Passage First Reading Referral Finance Director "7/X>X? City Yolicitor Page _ of _ 13-324 OCTOBER 16, 2013 Assigned to Councilor Baldacci f A f 'N o CITY OF BANGOR 0\'9As \1' `4r 9 �R<rED, (TITLE.) ORDER, Authorizing Execution of an Easement to Bangor Gas Company — Merchants Plaza, Pocket Park By the City Cound/ of the Oty of Bangs: ORDERED, That Catherine M. Conlow, City Manager, is authorized to execute an easement to Bangor Gas - Company to install additional natural gas service on City owned property in Merchants Plaza, Pocket Park. Said easement shall be in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL October 16, 2013 ZPad CITY CLE 13-324 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 Urban Renewal Authority of the City of Bangor by Release deed, on December 6, 1972, and recorded in the Penobscot County Registry of Deeds in Book 2332, Page 193, and 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, 13-324 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. 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