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
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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