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HomeMy WebLinkAbout2012-04-09 12-131 ORDERCOUNCIL ACTION Item No. Date: 4-9-2012 Item/Subject: ORDERS Authorizing Execution of an Easement to Bangor Natural Gas -- Broad Street Responsible Department: Engineering Commentary: Bangor Natural Gas is requesting an easement on City property to provide natural gas service on Broad Street. This will require installation of a one inch main and half inch service line across 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 3, 2012. Associated Information: Easement Request & Map, Council Order, Council Action Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Page _ of _ City Manager Finance Director City Solicitor 12 131 Assigned to Councilor — Durgin April 9, 2012 Dig4'yC' �, �o CI`T"Y OF BANGOR (TITLE.) ORDER, Authorizing Execution of an Easement to Bangor Natural Gas - Broad Street By the Oty Counts/ of the Oty of Banger: ORDERED, THAT Catherine M. Conlow, tray Manager of the City of Bangor, is hereby authorized on behalf of the city of Bangor, to execute an easement to Bangor Natural Gas to provide a service line across City properly on Broad Street, said easement to be in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL April 9, 2012 Passed 3 CITY ERK CMLE,) Authorizing Execution of an Easement to Ba_gor"Natural Gas Broad Street Assigned to Councilor_ EASEMENT KNOW ALL MEN BY THESE PRESENTS, That The City of Bangor, a municipal corporation having its 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 the City of Bangor to the Urban Renewal Authority of the City of Bangor by deed dated December 6, 1972 and recorded in the Penobscot County Registry of Deeds in Book 2332, Page 193; and 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 principle 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 5 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 12 131 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. The 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. 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 liabilities. 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 , 2012. City of Bangor Witness STATE OF MAINE County of Penobscot, ss: 2012 Then personally appeared the above-named Catherine M. Conlow, and acknowledged the foregoing instrument to be her free act and deed of said body corporate. Before me, Notary Public Attorney -at -Law