HomeMy WebLinkAbout2008-12-22 09-025 ORDERCOUNCIL ACTION
Item No. 00 025
Date: December 22, 2008
Item/Subject: ORDER, Ratifying the City Manager's Execution of an Easement to Bangor Gas
Company — Kenduskeag Plaza.
Responsible Department: Legal
Commentary:
Bangor Gas received a request to provide service to properties in the vicinity of Kenduskeag
Plaza. In order to do so, an easement from the City is required. The easement will run across
an alleyway owned by the City of Bangor behind the State Street location of Bangor Savings
Bank. Because of the season, time was an issue for Bangor Gas. The City Manager signed the
easement to allow the necessary line extension to be constructed this year and in light of the
Council's support for rapidly extending natural gas service throughout our community.
This resolve will ratify the City Manager's execution of the easement.
Department Head
Manager's Comments:
This has been reviewed and is recommended by the Transportation and Infrastructure
Committee.
City Manager
Associated Information: " Waf
Budget Approval:
Legal Approval:
Introduced for
X Passage
First Reading
Referral
Page _ of _
Finance Director
Ny Solicitor
09 025
Assigned to Gratwick December 22, 2008
CITY OF BANGOR
(TITLE.) Resolve, Ratifying the City Manager's Execution of an Easement to Bangor Gas Company —
Kenduskeag Plaza.
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
the action of the City Manager in executing the attached easement to allow Bangor Gas to install gas
lines to service properties in the vicinity of Kenduskeag Plaza is hereby ratified and accepted.
IN CITY COUNCIL
Dece er 22, 2008
Pas
CITY CLERK
R E S O L V E
(TITLE,)Rati ying the City Manager_
Execution of an Easement to Bangor Gas
CgMAny — KendLakeag Plaza
Assigned to Couneiloi�-&d4t�k
09 025
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That The City of Bangor, a municipal
corporation having it's principle offices at 73 Harlow Street, Bangor, 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 Emerson Realty Company to the Urban
Renewal Authority of The City of Bangor by deed dated April 20, 1966 and
recorded in the Penobscot County Registry of Deeds in Boole 2046, Page 124; and
in consideration of One Dollar and other valuable considerations, paid to the undersigned
by BANGOR CAS 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 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 snap 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 sante or different
size, patrol, remove and use, all as the Grantee, its successors and assigns, may from time
to tine 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, 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.
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.
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 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
09 025
damage and tines arising out of Bangor Gas Company, LLC's activities on or use of the
easernent 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 forevcr.
IN WITNESS IAT HEREOF, the said City of Bangor his caused this instrui-nent to
be executed by it's duly authorized representative this day of
2 A.D. 2008.
County of PENOBSCOT, ss:
City of Bangor
STATE OF MAINE
�� L°C �f►vi t , 2008
Then. personally appeared the Dove -named ��✓, �4-vddild acknowledged the
foregoing instru�llent to be ' v free act and deed of said body corporate.
Before nie,
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Publ c
NORMAN SAttorney-at-Law
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