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HomeMy WebLinkAbout2010-05-24 10-189 ORDERCOUNCIL ACTION
Item No. 1 Ci 189
Date: May 24, 2010
Item/Subject: ORDER Authorizing Execution of an Easement to Bangor Gas Company —
Texas Avenue — BIA Buildings 190 and 195
Responsible Department: Engineering
Commentary:
Bangor Gas has requested an easement from the City to extend gas service across City property
on Texas Avenue to buildings 190 and 195 at Bangor International Airport.
This Order will authorize the City Manager to execute the easement.
Department fiead
Manager's Comments:
This has been reviewed and is recommended by the Infrastructure Committee.
), bA
�h City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
Solicitor
Introduced for
X Passage
First Reading
Referral
_ Assigned to Councilor — Wheeler � 10 18 9
May 24, 2010
W M
CITY OF BANGOR
4iEDF
(TI'TLE.) ORDER, Authorizing Execution of an Easement to Bangor Gas Company —
Texas Avenue — BIA Building 190 and 195
WREAS, 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 Texas Avenue to
service building 190 and 195 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
X1.0-189
May 24, 2010
Passed
• (TITLE,) e„thnri mine Exdcution of an
CITY CLERK F�Rpment to Bangor Gas Company - Texas
Ave- BIA Building 190 and 195
Assigned to Councilor
fcN,
10 1.89
MEMORANDUM
To: Infrastructure Committee
From: James D. Ring, P.E., Director - IDS
Re: Bangor Gas request for Easement — Texas Avenue
Date: May 13, 2010
Bangor Gas has requested an easement from the City property to extend gas
service across City property on Texas Avenue to BIA buildings 190 and 195. Attached is
a map showing the proposed location of the easement.
Staff would recommend the granting of an easement in the appropriate location.
JDR
Its 189
L'ASE'4 ENT
K's;C)W .AU, MEN BYTHESE PRESENTS, That CITY OF BANGO.K. a municipal
corporation, located in Bangor, in the County of Penobscot arid State of Maine, being the
owner in fee simple of certain lands located in the City of Bangor, County of Penobscot,
State of Nlaine. ;and de:acribeti as follows, viz:
The land arid premises conveyed; by t.'nited States of .A.rneiIca to the Grantor
herein by deed dated December 13, 1968, and reeordeti in the Penobscot County
ofDeeds 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 21$b,
Page 449; and other land and premise originally conveyed by the Grantor herein
to the Uinited States of America by decd dated December 29, 1942 and recorder)
to tlae Penobscot Registry of Deeds in Book 1205, Page 345, title to which
reverted to the Grantor herein in December, 1968, upon decomrnnissioning of the
former Dow Air Forge Base;
in consideration of One Dollar and other valuable c•onsidcrations, 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 recelpt whereof is hereby acknow ledged, dares hereby grant to said Bangor
Gas Company. LLC, its successors and assigns forever, the rights, privileges and
easements hereinafter set forth which are to he exercised upon arid 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 under -round gas line as installed shall marl: the centerline of
said strip. A map attached hereto as Exhibit "A" :shows the approximate location of said
underground las line.
The rights. privileges and easements hereby conveyed are for utility purposes and
are as follows: The right io enter r.iporr said lands will) mien and conveyances and all
necessary tools avid machinery; to excavate, lay, bury, construct. reconstruct, install,
maintain, operate, alter, repair, rebuild. upgrade, inspect, replace, in the same ur 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 rnains, pipe
line or pipe limes, protective and safety devices, valves, cathodic protection devices, and
other apparatus used or useful for the transmission of natural arid artificial gas arid all by
products thereof and -or any liquids, gases or substances; the right to transnnit the
aforesaid at any lawful pressure and for any lawful pdtrpose; the right to clear and keel)
said strip of land cleared by any lawful means of trees, undei growth and all other
obstructions
Also conveying to said Bangor Oras 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. fhe C"rantor herein for itself, and its successors and assigns,
covenants and agrees to and with said Bangor Lias Company, 1,1X, its successors and
assigns, that it will not erect or maintain any building, mobile home, or other structure, or-
permit
rpermit 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 whi(,h in the opinion of said
Bangor Gas Company, LLC, its successors and assigns would endanger or interfere with
the exercise ofany of the rights, privileges anti easements so conveyed.
Further conveying to said Bangor Lias t'orrrpany, LLC, its successors and assigns,
the right to establish any arid all safety regulations which said Bangor Gas Company,
1-1-C, its successors and assigns, in its style discretion deems necessary and proper for the
operation of the rights herein granted arid for said transmission any interference or
violation by said Grantor, its successors or assigns, as determined by the Cirantee, its
successors and assigns, of said safety regulations, shall constitute an interference with
and violation of the rights, privileges and casements hereby granted.
0',-12-10 (" ity of lid npr LAwinent-A-lalne Avenue
"This conveyance is subject to the Grantee's agreement and cotenant to promptly restore:
the surface Ofthe tirantor's land to its prior condition after an excavation or disturbance I, p
to said surface in connection v+ith the exercise of the nghts, privileges and easernents U J
herein granted such restoration to be lirnited to regarding. regrass-seeding, and
reasphalting of said surface Provided, however, that Bangor (las Company, I.LC shall
indemnify and save harmless said City of Bangor from and against any liability, loss,
damage and fines arising out of Bangor Lias Company, l ,l .C's activities on or use of the
easement area including but not limited to environmental liabilities. Provided, howevet,
that Bangor Gas Company. 1,1:(;' shall comply with all FAA requirements, and not cause
visual or other interference with flight operations, radio navigation systems, or radio
voice communications.
TO HAVF AND T(.)1- OLD the; said rights, privileges an(] easements to said
Bangor Gas Company. I.I..C, its successors and assigns forever,
IN WITNESS WHP. REOF, the said CITY OF BANGOR has caused this
instnunent to be executed by it's duly authorized representative this _ _clay of
A. D, 2010,
`Fitness
STATE Ol MAtNE
CITY OF BANt.:iOR
City Manager
County of PENOBSCOT, ss: .2006
Then personally appeared the above-named
City Manager, and acknowledged the foregoing instrument to be his free act and (teed
Of'said body corporate.
Before me,
Notary Public
Attorney -at -Law
05-12-10 CAA of Bangor Easement -Maim Avenue
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SERVE 190 k 195 MAINE AVENUE:
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<Z 6" SiEE. GAS P'PE_LNE_
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TEXAS AVENUE EASEMENT - TO
SERVE 190 & 195 MAINE AVENUE
APPROX. 1.0'-- 7" INSTALL. 6.0' Pt . STUB
00ALL BALL MARKER
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See Ref SCR2-6-720-20-
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