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Home My WebLink About2010-05-24 10-188 ORDERCOUNCIL ACTION Item No. 10 188 Date: May 24, 2010 Item/Subject: ORDER Authorizing Execution of an Easement to Bangor Gas Company — Maine Avenue — BIA Building 92 Responsible Department: Engineering Commentary: Bangor Gas has requested an easement from the City to extend gas service across City property to building 92 at Bangor International Airport. This Order will authorize the City Manager to execute the easement. Department head Manager's Comments: This has been reviewed and is recommended by the Infrastructure Committee91)4k- A& City Manager Associated Information: Budget Approval: Finance Director Legal Approval: Solicitor Introduced for X Passage First Reading Referral Assigned to Councilor _ Blanchette May 24, 2010 n' % CITY OF BANGOR o,.e �RgTED, FE y (TITLE.) ORDER, Authorizing Execution of an Easement to Bangor Gas Company — Maine Avenue — BIA Building 92 WHOREAS, Bangor Gas has requested an easement from the City to extend gas service across City property to buildings at Bangor International Airport; 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 City property from Maine Avenue to service building 92 owned by the City, said easement to be in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL May 24, 2010 ORDER (TITLE,) An ho izing Execution of an Easement to Bangor Gas Company - Maine Auon„P - RTA Building 92 Assigned to Conneuor 10 188 MEMORANDUM To: Infrastructure Committee From: James D. Ring, P.E., Director - IDS Re: Bangor Gas request for Easement — Maine Avenue Date: May 13, 2010 Bangor Gas has requested an easement from the City property to extend gas service across City property to BIA building 92. Attached is a map showing the proposed location of the easement. Staff would recommend the granting of an easement in the appropriate location. JDR 10 188 EASkJv1 FN f KNOW ALL MEN BY TI [ESE PitE SEN I S, I`liat CI 1'Y OF BANGO R a rrnrnicipal corporation, located in Bangor, in the County of Penobscot and State of Maine, being tlae owner in fee simple of certain lands located in the City of Bangor, County of Penobscot, State of (Maine, and described as follows, viz fhe land and premises conveyed by 1 Inited 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 44(); and other land and premises originally conveyed by the Grantor herein to the United States of America by decd 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, 19()`5, 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, LiX, 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 C:ias Company, I.T.C, its successors and assigns forever, the rights, privileges and easements hereinafter set forth which are to he 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. 'I lee 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 lime. 'File 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, Jay, 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 arti ficial gas ,and all by products thereofand%or any liquids, gases or substances; the right to transmit the aforesaid at any lawful pressure and for any lativful 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 {.'ornpany, I.,T,C, its successors acid 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 tine 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 casements so conveyed. Further conveying to said Bangor Gas Company, LI. C, its successor:; and assigns, the right to establish any and all safety regulations which said Bangor Gas Company, LLC:, its successors and assis.;rrs, 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 Girantor, its successors or assigns, as determined by the Grantee, its successors and assigns. of said safety regulations, shall constitute all interference with and violation of the rights, privileges and easements hereby granted. 06.1 y.OS City B( -,R 1'a,cmtnt.4 k Sircei Utah avenue, Godtrry tioule,md This conveyance is subject to the (3rantec's agreement and covenant to promptly restore the surface of the Grantor's land to its prior condition alter 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, regrass-seeding, and reasphalting of said surface. Provided, however, Haat Bangor Lias Company, E,l._C shall indemnify and save harmless said City of` Bangor from and against any liability, loss, damage and fines arising out of Bangor Gas Company, E.LUs 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 navioration systerns, or radio voice communications. TO HAVE .AND TO HOLD the said rights, privileges and easements to said Bangor Gas Company, 1, -C, its successors and assigns forever. IN WETNESS WHERF.OF, the said CITY OF BANGOR has caused this instrument to be cxccuted by its duly authorized representative this day of ,A.D. 2008, _...... — ...... (By) Witness STATE:: OF MAfNE; County of PE NOBSCOT, ss: t'I"1"Y OF BANGOR Edward A. Barrett City M=anager 2008 Then personally api'3eared the above-named EDWAR-D A. BARRETT, 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 06-15.09 (;iiv 866 Easement -Polk Street, r':ah Avenue, (odfre) Bouietad 10 188 c o�C'. Ul 51.60" Co* � G BAR SCALE INSTALL 2' PE VALVE, BOX AND NEAR SURFACE MARKER. SEE NOTE 1. . _. . w EASEMENT AREA J INSTALL MIN. �..- " 6.0' 2' PE STUB... - >- o P� 6" $TEL GAS PIPELINE 2„ ecss-oot-2 MARKER w __1NSTALC"BAL 56.40' COVER 60.00' COVER - aun s w mccwrt-orv�n r w,. - m PROX- 10.0' 14' ws ac* K w Mar 1 See O YM Amu, w 68o; uay..fn a,4mM as �¢� al MdNaD1,AL IQATAI / a''—rnwmxnna � , r ,aa arr s a as Aw nr w -0 56'W-COVER Glas ourmvwk ow >"' ry 97 MAINE AVENUE EASEMENT ..,, •^��-�' } 61.20'£<COvER G- ' w: o,wart , MQ( va 1 a f c