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HomeMy WebLinkAbout2012-08-13 12-258 ORDERCOUNCIL ACTION Item No. 12-258 Date: 8-13-12 Item/Subject: ORDER, Authorizing Execution of an Easement to Bangor Natural Gas — 100 Dutton Street, New Arena Responsible Department: Engineering Commentary: This Order will authorize execution of an easement on City property with Bangor Natural Gas to provide natural gas service to 100 Dutton Street for the new arena. This will require installation of new underground gas line to be located northwesterly of the arena, crossing a strip of City owned land. This has been reviewed and recommended for approval by the Infrastructure Committee on August 6, 2012. Manager's Comments: Associated Information: Easement, Map, Council Order, Council Action Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Arthur B. Morgan Department Head Page _ of _ City Manager Finance Director City Solicitor 12-258 AUGUST 13, 2012 Assigned to Councilor Blanchette CITY OF BANGOR 9q� �ry2 gEED�f (TITLE.) ORDER, Authorizing Execution of an Easement to Bangor Natural Gas — 100 Dutton Street, New Arena WHEREAS, Bangor Natural Gas wishes to provide natural gas service to 100 Dutton Street, and WHEREAS, the natural gas lines will across land owned by the City of Bangor, thereby, requiring and easement. Now, Therefore, Be It Oi dered By the City Council of the City of Bangor That. The City Manager is hereby authorized on behalf of the City of Bangor, to execute an easement to Bangor Natural Gas to install natural gas service line across City land to 100 Dutton Street, said easement to be in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL AUGUST 13, 2012 PASSED CITY CLERK (TITLE,) Assigned to Councilor 12-258 Bangor l tural Gas EASEMENT KNOW ALL 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, hereinafter the "Grantor", being the owner in fee simple of certain lands in the City of Bangor, County of Penobscot, State of Maine, and described as follows, viz: The land and premises conveyed by John M. Pierce of Woodstock, County of Windsor, State of Vermont to the City of Bangor by deed dated February 1, 1999 and recorded in the Penobscot County Registry of Deeds in Book 7081, Page 314- 315; (Bass Park) 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, hereinafter the "Grantee", 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 (locating tape & tracer wire) 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 Grantee, 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 Grantee, 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 Grantee, 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 Grantee, its successors and assigns, the right to establish any and all safety regulations which said Grantee, 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. 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 re -grading, re -grassing -seeding, and re -asphalting of said surface. Provided, however, that Grantee shall indemnify and save harmless said Grantor from and against any liability, loss, damage and fines arising out of Grantee'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 'A.D. 2012. Witness CITY OF BANGOR (By) STATE OF MAINE County of PENOBSCOT, ss: 12012 Then personally appeared the above-named acknowledged the foregoing instrument to be free act and deed of said CITY OF BANGOR. Before me, Notary Public Attorney -at -Law Print Name: 7/30/2012 12-258 Fr 00 INSTALL 4' AND KER APP OX. 16.0' E TO ELBOW),, X. 10. EASEM _Z APPROX. 2QIb AR SCALE SERVICE TO EXISTING DrT To BE INSTALLED IN'OF 2012, SE 0 "BE COORDINATE WITH CIA�NBRO ABANDO AT THIS LOCATION IN 2 OR PRIOR TMOUTI _T ---I X. 2710' ./ A F­ INT*6 4 X 4 E.F. B S�bl I- ,"&PEMr"VALVE (FU rl SURFACE 1-2 S, zi- . EMENT AREA \60.5' "/'t/ •.s ratwtwr -7, 63 PEDUCTw, -BUILT FD"PT.ES ftnowAamd G. 100 DUTTON STREET EASEMENT 4" PEE AND BALL MARKER —1 VOW A --I Fr 00 BAR SCALE INSTALL P 77 4 APPROkk,0.5' INSTAi,'*', PE K D BALL 1=2 low 1 °t su Z' ENT AREA 7 3 APPROX. 20 E L t?tON. V P" IMUMEIR TO STM AS NECESSARY TO —7: COORDINATE WITH ENG AND- UhRKEW - APPROX. INSTALL 4" AND ER APPok 16.0' fE TO ELBOW) \EASEM Bwowkwd G. 21 we sow M oeonnoN 100 DLnTON STREET EASEMENT X. 2(k6./ -4 Rw- ftj a 12-258 BH 7 0 81 PG 314 RELEASE DEED KNOW ALL MEN BY THESE PRESENTS THAT, I, JOHN M. PIERCE, of Woodstock, County of Windsor, State of Vermont, for consideration paid, the receipt of which is hereby acknowledged, hereby release to the CITY OF BANGOR, a municipal corporation located in the County of Penobscot, State of Maine, its successors and assigns, the land in Bangor, Penobscot County, State of Maine, described as follows: Beginning at a bolt at the intersection of the Westerly line of Buck Street and the Northerly line of Main Street, thence running S. 400-07' W. along the Northerly line of Main Street a distance of 429.3 feet to a point, said point being 71.6 feet from a bolt at the intersection of the Northerly line of Main Street, and the Easterly line of Dutton Street, thence running N. 360-56' W. and parallel with the Easterly line of Dutton Street a distance of 83.6 feet to a point, thence running S. 530-04' W. a distance of 70.0 feet to a Point, said point being on the Easterly line of Dutton Street, thence running N. 360-56' W. along the Easterly line of Dutton Street a distance of 379.4 feet to a point, thence running S. 530-04' w, a distance of 60.0 feet to a point, said point being on the Westerly line of Dutton Street, and the aforementioned line is the Northern terminus of Dutton Street, thence running N. 360-56' W. a distance of 22.0 feet to a point, thence running S. 570-53' W. a distance of 3.3 feet to a point, thence running S. 69'-55' W. a distance of 9.9 feet to a point, thence running S. 560-52' W. a distance of 301.1 feet to a point, thence running S. 730-20' W. a distance of 289.1 feet to a point, thence running N. 320 41' W. a distance of 400.3 feet to a point, thence running N. 240-53 W. a distance of 211.9 feet to a point, thence running N. 60-06' W. a distance of 592.9 feet to a point, thence running N. 9--38' W. a distance of 776.9 feet to a point, thence running N. 470-26' W. a distance of 231.5 feet to a point, thence running N. 540-08' W. a distance of 152.9 feet to a point, said point being on the Westerly line of Buck Street, thence running S. 370-30' E. along said Westerly line of Buck Street a distance of 2337.3 feet to the point of beginning, said parcel containing 42.67 acres or more less. Meaning and intending hereby to convey all of the property formerly known as "Maplewood Park" in said Bangor and now known as "Bass Park", all as described in the Will and Codicils of the late Joseph P. Bass, including herein the property formerly occupied by the Eastern Maine Medical Association and commonly known as the Bangor Auditorium property. BK 708 1 PG 315 The purpose of this deed is to release the Grantee from all conditions applicable to said premises as described in the will, and codicils thereto, of the late Joseph P. Bass,"saia will and codicils having been approved and allowed in the Penobscot County Probate Court on April 29, 1919. i. Provided that, however, the above-described premises shall, as a condition of this conveyance, continue to be forever known as "Bass Park." ; TO HAVE AND TO HOLD the above-described premises unto the City of Bangor, its successors and assigns, I, the said John M. Pierce as the successor in interest to Albert E. Bass, the residuary beneficiary under the will, and codicils thereto, of the late Joseph P. Bass, and to Elaine Bass Pierce, the residuary beneficiary under the will of Albert E. Bass, by virtue of a deed from Elaine Bass Pierce to the said John M. Pierce dated July 28, 1978, and recorded in Penobscot County Registry of Deeds at Book 2892, Page 328, do hereby covenant with the City of Bangor I have good right to release said interest to said Grantee. IN WITNESS WHEREOF, I, the said John M. Pie ce, have hereunto set my hand and seal this 1'� day of 1999. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF J t� w if n e s s STATE OF VERMONT Windsor, ss. 4 :A'e l John . Pierce J -/t' 1999 Personally appeared the above-named John M. Pierce and acknowledged the foregoing to be his free act and deed. Before me, PENOBSCOT. ss RECEIVED 1999 . ,A 18 P 1: 1 b REGISTER Notary Public/Attorney-at-Law Printed Name: SEAL No "lrwderTax Paid 12-258