HomeMy WebLinkAbout2015-12-28 16-057 ORDERCOUNCIL ACTION
Item No. 16-057
Date: December 28, 2015
Item/Subject: ORDER, Authorizing Execution of an Easement to Bangor Gas Company LLC —
Bangor International Airport, Air National Guard Building #512 Fuller Road
Responsible Department: Legal
Commentary: This Order will authorize the City Manager to execute an easement with Bangor
Gas Company LLC to install a natural gas line across a portion of property owned by the City at
Bangor International Airport. Bangor Gas Company LLC wishes to provide natural gas service to
the Air National Guard Building #512 located at Bangor International Airport. The gas line will
go across land owned by the City of Bangor, thereby requiring an easement.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Passage
First Reading
Referral
Department Head
Page _ of _
City Manager
Finance Director
City Sblicitor
16-057
DECEMBER 28, 2015
Assigned to Councilor Graham
CITY OF BANGOR
A D,
(TITLE.) ORDER, Authorizing Execution of an Easement to Bangor Gas Company LLC —
Bangor International Airport, Air National Guard Building #512 Fuller
Road
WHEREAS, Bangor Gas Company LLC wishes to provide natural gas service to the Air
National Guard Building #512 located at Bangor International Airport; and
WHEREAS, the gas line will go across land owned by the City of Bangor, thereby
requiring an easement.
That Catherine M. Conlow, City Manager, is hereby authorized on behalf of the City of Bangor,
to execute an easement to Bangor Gas Company LLC to install a gas service line across City
property at Bangor International Airport to the Air National Guard Building #512. Said
easement to be in substantially the same form as attached hereto and in a final form as
approved by the City Solicitor or Assistant City Solicitor.
IN CITY COUNCIL
DECEMBER 28, 2015
PASSED
CITY CL RK
16-057
DECEMBER 28, 2015
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 United 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 449; and other land and premises originally conveyed by the Grantor herein
to the United States of America by deed 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, 1968, 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, 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 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 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 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, 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
and violation of the rights, privileges and easements hereby granted.
11-16.15 City BGR Easement -Fuller Road
16-057
DECEMBER 28, 2015
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, regrass-seeding, and
reasphalting 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 Iiabilities. Provided, however,
that Bangor Gas Company, LLC shall comply with all FAA requirements, and not cause
visual or other interference with Flight operations, radio navigation systems, or radio
voice communications.
TO HAVE AND TO HOLD the said rights, privileges and easements to said
Bangor Gas Company, LLC, its successors and assigns forever.
IN WITNESS WHEREOF, the said CITY OF BANGOR has caused this
instrument to be executed by its duly authorized representative this day of
-AD. 2015.
Witness
STATE OF MAINE
(By)
CITY OF BANGOR
Mrs. Catherine M. Conlow
City Manager
County of PENOBSCOT, ss: 2015
Then personally appeared the above-named CATHERINE M. CONLOW,
City Manager, and acknowledged the foregoing instrument to be his free act and deed
Of said body corporate.
Before me,
Notary Public
Attomey-at-Law
11-16-15 City BGR Easement -Fuller Road
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16-057
28, 2015