HomeMy WebLinkAbout2012-08-13 12-259 ORDERCOUNCIL ACTION
Item No. 12-23
Date: 8-13-12
Item/Subject: ORDER, Authorizing Execution of an Easement to Bangor Natural
Gas — 186 Exchange Street
Responsible Department: Engineering
Commentary:
This Order will authorize the execution of an easement on City property to Bangor Natural
Gas provide natural gas service to 186 Exchange Street. This will require installation of new
underground gas line to be located westerly of 186 Exchange Street, 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 _
A.city manager
Finance Director
t City Solicitor
12-259
AUGUST 13, 2012
Fes. Assigned to Councilor Gratwick
U ♦ O
i'
CI`T'Y OF BANGOR
ED,
(TITLE.) ORDER, Authorizing Execution of an Easement to Bangor Natural Gas —
186 Exchange Street
WHEREAS, Bangor Natural Gas wishes to provide natural gas service to 186 Exchange Street;
and
WHEREAS, the natural gas lines will cross land owned by the City of Bangor, thereby, requiring
and easement.
Now, Therefore, Be It Ordered By the City Councii 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 186 Exchange
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
ASS E (TITLE,)
It/
CITY CLERK
Assigned to Councilor
12-259
Bangor Aatural 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 the Emerson Realty Company to the Urban
Renewal Authority of The City of Bangor by deed dated April 20, 1966 and
recorded in the Penobscot County Registry of Deeds in Book 2046, Page 124;
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 satne 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 ai 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.
CITY OF BANGOR
(By)
Witness
STATE OF MAINE
County of PENOBSCOT, ss:
2012
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:
8-03-I0 D & K Properties, LLC
12-259
12-259
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