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HomeMy WebLinkAbout2012-02-27 12-092 ORDERCOUNCIL ACTION Item No. 12 09"' Date: 2-27-12 Item/Subject: ORDER, Authorizing Execution of an Easement to Time Warner Cable — 24 Central Street Park Responsible Department: Engineering Commentary: Time Warner Cable is requesting an easement on City property to provide cable/internet service at 24 Central Street. This will require installation of a new line from Central Street to the rear of 29 Franklin Street, crossing a strip of City owned land at that property. This Order will authorize execution of the easement. Arthur B. Morgan Department Head Manager's Comments: This has been reviewed and recommended for approval by the Infrastructure Committee on April 19, 2011. City Manager Associated Information: Easement Request & Map, Council Order, Council Action Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Finance Director Page _of_ 12 092 Assigned to Councilor Blanchette February 27, 2012 ;0k CITY OF BANGOR ,a. giEDF (TITLE.) ORDER, Authorizing Execution of an Easement to Time Warner Cable — 24 Central Street Park WHEREAS, Time Warner Cable Wishes to provide cable/intemet service to 24 Central Street; and WHEREAS, the conduit will go from Central Street to the rear of 29 Franklin across land owned by the City of Bangor, thereby, requiring and easement. Now, Therefore, Be R Ordered By We City Council of Me My of Bangor That: The City Manager is hereby authorized on behalf of the City of Bangor, to execute an easement to Time Warner Cable to provide a service line across City property at 24 Central Street, said easement to be In a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL February 27, 2012- PASSED 012PASSED V V � "T INTERIM CITY LERK #p 12-092 ORDER (TITLE,) AUTHORIZING EXECUTION OF AN EASEMENT TO TIME WARNER CABLE - 24 CENTRAL STREET PARK Assigned to Councilor `•�`� 12 092 EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the CITY OF BANGOR (the "City"), 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: A certain lot or parcel of land situated on the northwesterly side of Central Street in said Bangor, being the same premises conveyed by Effie Zoidis and others to the Grantor herein by their several deeds dated February 8 — June 26, 1989 and recorded in the Penobscot County Registry of Deeds in Book 4515, Page 345 through Page 360; in consideration of One Dollar and other valuable consideration paid to the undersigned by TIME WARNER CABLE INC. ("Time Warner"), a Limited Liability corporation having its legal location and principal place of business at 118 Johnson Rd., City of Portland, County of Cumberland, State of Maine, the receipt whereof is hereby acknowledged, does hereby grant to Time Warner and its successors and assigns forever the rights, privileges and easements hereinafter set forth which are to be exercised upon and with respect to a strip of land six feet in width for its entire length which lies in the property at the aforementioned property. The centerline of said strip shall be the centerline of the telecommunications cable as installed in accordance with the provisions below. A map attached hereto as Exhibit A shows the approximate location of said cable. The rights, privileges and easements hereby conveyed are for utility purposes and are as follows: the right to enter upon the strip of land with men and conveyances and all necessary tools and machinery; to excavate, lay, bury, erect, construct, reconstruct, install, maintain, operate, alter, repair, rebuild, upgrade, inspect, replace in the same or different size, patrol, remove and use, all as Time Warner, its successors and assigns, may from time to time require, along, across, under and beneath said strip of land, at the aforementioned property; the right to transmit information via the aforesaid cable in accordance with all applicable laws; and the right to clear and keep cleared said strip of land by any lawful means of trees, undergrowth and all other obstructions, provided, however, that the City of Bangor retains the right to pave, repave, or otherwise construct, rebuild, and maintain roads, ways, and other means of access across and along said strip. The City also conveys to Time Warner the right to assign to others, in whole or in part, any or all of the rights, privileges and easements herein conveyed. The City, for itself and for its successors and assigns, covenants and agrees to and with Time Warner that it will not erect or maintain any building, mobile home, or other structure of any kind or nature upon said strip of land, which in the opinion of Time Warner would endanger or interfere with the exercise of any of the rights, privileges and easements so conveyed. Provided further that this easement is granted upon the condition that if the City or its successors or assigns elects to construct a new building on said premises and request Time 12 002 Warner, its successors and assigns, to relocate its facilities on said premises, then Time Warner, its successors and assigns, will relocate its facilities in conjunction with the construction schedule of the City or its successors and assigns after receipt of such request, provided, however, that said relocation shall be to a location on said premises that is mutually agreeable to the City and Time Warner, their successors and assigns, each party hereby being required to act reasonably, and further provided that Time Warner agrees to relocate its facilities only once at the expense of said Time Warner, its successors and assigns. If said relocation shall be inside such new building then the City, for itself or its successors and assigns, shall provide the necessary space to comply with all regulations and to provide the proper access of installation and maintenance. This conveyance is subject to Time Warner's agreement and covenant to promptly restore the surface of the City's land to its prior condition after any 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 re -grading, re -grass -seeding, and re -asphalting of said surface. Provided, however, that Time Warner shall indemnify and save harmless the City from and against any liability, loss, damage and fines arising out of Time Warner's activities on or use of the easement area, including but not limited to environmental liabilities. TO HAVE AND TO HOLD the said rights, privileges and easements to Time Warner, its successors and assigns forever. IN WITNESS WHEREOF, It, the City has caused this instrument to be executed by its duly authorized representative this day of , 2012. Witness STATE OF MAINE City of Bangor By: Catherine M. Conlow City Manager County of Penobscot, ss: , 2012. Then personally appeared the above-named Catherine M. Conlow, City Manager of the City of Bangor, and acknowledged the foregoing instrument to be her free act and deed and the free act and deed of said body corporate. 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