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Home My WebLink About2010-05-24 10-187 ORDERCOUNCIL ACTION Item No. 187 Date: May 24, 2010 Item/Subject: ORDER Authorizing Execution of an Easement to Bangor Gas Company — Abbot Parking Lot Responsible Department: Engineering Commentary: Bangor Gas has requested an easement from the City to extend gas service across City property to service buildings at Franklin Place. This Order will authorize the City Manager to execute the easement. Department flead Manager's Comments: This has been reviewed and is recommended by the Infrastructure Committee. &Lko��: Aklm City Manager Associated Information: Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for X Passage First Reading Referral y� s Assigned to Councilor— Hawes N� CITY OF BANGOR 'Oo�L`` i�61 iJ y . (TITLE.) ORDER, Authorizing Execution of an Easement to Bangor Gas Company — Abbot Parking Lot 10 18'7 May 24, 2010 W ' REAS, Bangor Gas has requested an easement from the City to extend gas service across the Abbot Parking Lot property to Franklin Place; Now, Therefore, Be It Ordered By the City Council of the City of Bangor That: The City Manager is hereby authorized, on behalf of the City of Bangor, to execute an easement to Bangor Gas to extend a gas service line across the Abbot Parking Lot from Harlow Street to service Franklin Place, said easement to be in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL May 24, 2010 (TITLE,) e„rhnr; z; ng Execution of an Facpmen o Bangor Gas Company- Abbot Assigned to Councilor) 10 187 MEMORANDUM To: Infrastructure Committee From: James D. Ring, P.E., Director - IDS Re: Bangor Gas request for Easement —140 Harlow Street Date: May 13, 2010 Bangor Gas has requested an easement from the City property to extend gas service across the Upper Abbot Parking Lot to Franklin Place. Attached is a map showing the proposed location of the easement. Staff would recommend the granting of an easement in the appropriate location. JDR 10 197 Bangor atur,, as 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 Samuel Larrabee, by Deed, dated March 12, 1849 and recorded in the Penobscot County Registry of Deeds in Book 194, Page 250-251 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 it's 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 the strip of lands with men and conveyances and all necessary tools and machinery, to excavate, lay, bury, erect, 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 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. 10 187 Bangor atural Gas 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 successor's 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 regarding, re -grass -seeding, and re -asphalting 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. TO HAVE AND TO HOLD the said tights, privileges and easements to said Bangor Gas Company, LLC, its successors and assigns forever. IN WITNESS WHEREOF, It, the said city of Bangor has caused this instrument to be executed by it's duly authorized representative this day of 2010 City of Bangor M Witness City Manager STATE OF MAINE County of Penobscot, ss: 2010. Then personally appeared the above-named , City Manager, and acknowledge the foregoing instrument to be his free act and deed of said body corporate. Before me, Notary Public BAR SCALE 0 :6.15 315 1 8099-001-2 1. � OOIt�i�14 l0[ 1101 R 1�s arwou �.i 1A1 rc i+r wul WAY TICO. us w,w # *&I w W1vKt Lm nwr v — lrsr nmol (� t[iT T"1@I a Mm[ 108 Ib IUd VYK � 1 u+�ia n.1m11o1 Beacu roam rat Ott_ a acma n' —:o"n mw,vvft a va nwl s a uzm a..1w i0BBF59lSIOlS 1.r v � n rvoc>tt re tl n a u wmedia w, f mnaaor BanvorNatwd Gas REO- H BORE _ RtO, H2O,D.. ` ,,_., • _ \\ r X60 h \ �:^ ABANDONEWTEk£PE LINE -Q REO. H.D.0_ BORE �' Y '' ' INSTALL• 1" PE VALVE,° BO>G'JNZ NEAR SURFACE MARKER. •... .I�. SEE NOTE 1. \� ,y Q� :} REQ. H:D,D- BORE " PC' EASEMENT AREA \ \ �` �J• � ��\'y �� ,� (��[1�/ "alb �?*.. _ �I APPROX. 103.5' 1" PE APPROX, 17 1140 HARLOW S'T'REET EASEMENT _... _ N0.' fbMY A IA¢ ATA: f K 1 INSTALL 2" PE VALVE, z < BOX AND NEAR 'A" y SURFACE MARKER. \ SEE NOTE t. �\ ` r <r . > •� \ % ° EASEi AREA `\ INSTALL t" ` \A 2.0' TO BE RE ED WITH A TEE FOR F URE p EXPANS}ON, WHEN NE SARY *' t ' PE MAINTAIN MIN. OF 3.QA' -5SEPERATION t � ' �" INSTAlU4 4t < OM PRIMARY .POWER, TYPICAL. J INSTALL BOLLARDS a .. APPROk ,5.0- Q �M 0 V 1G 187 'Pr 4!V 44,e, Wzz-.er- 'Y 4ew O'o- eo d2 ez ol'OOK �