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. 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