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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, -, Z -Z Publ c NORMAN SAttorney-at-Law NOTARY P68LICl7MgNN, !ll MYGNMlSSION EXPIRESIlIlg131, 2011 s t -40 OLIVER HOLDINGS\, LLC 10650/320,r- BAR SCALE 10550/320 ; 25 0 25 EXISTING N GAS LINE � t WILLIAM B CARROLL .Y ,�• � t ecus—Doi—z PEIFENT. CARROLL SAVINGS BANGOR ` 64 �0 E� s __ . ................. y e ? BANK 10' EASEMENT I. W-mu M Po" ou'�,ta wr m 2161 /305 AREA s uutox a Delon eiwr-0r-sw wo x. 1 ;.� \\ � t �..+ww� es ru rc ae uw 15. —F—......},—. �s wet am ms ww .✓,{.- '•.L �" ,,.,.� ..: rr i im nam / AM= ern ZITY OF BANGOR r, I£sf�.% r ,� t[�'�F 2046/124r/f I �� � Cj b ° fI--wo* o .� 78" DEPTt a' en am rr o ur race" 21, 3' INSIDE BmigorOGM ;10 �t ww Mul ti 4 0 ,�.4. i•�• „1r. Qs " t '�"° v �.. 196 EXCHANGE STREET�7,ti V (PEIFFEN T. 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