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Home My WebLink About2005-08-22 05-278 ORDERRem No. 95-278 L Date: August 2L 2005 Item/Subject: ORDER, Autllorbing EX lonofanEasementtoBang" Gas Company - 931 Union Street Responsible Department: Legal Commentary: Eastern Maine Healthcare Systems has leased 931 Union Street from the City and is constructing a building to house Affiliated Healthcare Systems. The new building will have service from Bangor Gas. This Order will grant Bangor Gas an easement across the City's property to provide access m the building. The Transportation & Infrastructure Committee recommended approval a[ its August 16, 2005 meeting. Department Head Manager's Comments: Recommend approval G City Manager Associated Information: Fence Director Legal Approval: Cty Solicitor Introduced for Consent Agenda X Passage _ First Reading Page 1 of _2_ Referral 05-2]g - AssigMdNCoaroilm cratKek August zz, zoos is CITY OF BANGOR (TITLE.) ORDER, Authorizing Execution of an Easement to Bangor Gas Company — 931 Union Sheet WHEREAS, the City of Bangor a Me owner of property at 931 Union Street; and WHEREAS, the City of Bangor has leased said property m Eastern Maine HeaRhrare Systems for the purpose of constructing a building; and WHEREAS, Bangor Gas is reWesling an easement across the City of Bangols property M provide service to the building that Eastern Maine HealM®re Systems is constructing. NOW, THEREFORE, BE R ORDERED, THAT the City Manager is hereby authorized and diredxd, on behalf of are City of Bangor, to exeate an easement to Bangor Gas for Me Wrpase of providing service M Me building located at 931 Union SMset Bangor. Said Easement shall be in a final from approved by the Ory SolkiMr or Assistant City Sol ckor and in a location setsfacrory to Me City Engineer. IN CITY MMML Aagup[ 22, 2005 eael2d _ U31R CL88 u 05-. yg_ 08➢68 (3ITLEr) 8ut8orizivg ecklon-efiaa-ft mnti .,ta. Beagdi^Cas'FodpHey'. 93l'Ru30n SLreeY" ,�`-- 1 S lL 05-278 Distribution Use Line Basement KNOW ALL MEN By THESE PRESENTS, That, City of Bangor, having its principal Offices a 73 Harlow Street Burger, Maine being the owner in fee simple of retain lends - located in the City of Bangor, County of Penobscot Stale of Mame, and described as follows, via: Being the same premises conveyed by United States of America to the Grantor herein by deed dated November 22, 1999, and recorded it the Penobscot County ReegistryofDeeds in Book 9252, Page 222; in consideration of One Dollar and other valuable considations, paid to the undersigned by BANGOR GAS COMPANY,LLC, aMaine Limited Liability Company having its legal location and principal place of business at Burger, Comty of Penobscot, State of Maine, the receipt whereof is hookyackvowledged, does hereby grant to said Bangor Gas Company, LLC, its successors and assigns forever, the rights, privileges and. easements hereinafter ad forth which are to be exercised upon and with respect to the following described iP foot wide strip of land, via - - The approximate location of the comedians of the said strip begins on the northeasterly bound of Union Shea[ and extend northeasterly 295 feet more or less W apoinq thence southeasterly to apoint located 5 feet nomseesterly of the southeasterly bound of said Promises thence northeasterly parallel W and 5 feet from said southeasterly bound W the northeasterly bound of said premises. The approximate bastion of me ccrrteriine of sold strip being shown n a sketch anaehed hereto as Exhibit "A". The actuallocation of the centerline of said strip being the centerline of the gas line as brambel. The rights, privileges and easwmts hereby conveyed are for utility purposes and are as follows: The right W Older upon the strip of land beranbefore described at any. time with men and conveyances and all necessary tools and machinery; to excavate, lay, Entry, matt, 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 Magna, may from time to time desire upon, alum& scross, over, under annd beneath said strip of land; amain of malts, pipe tine or pipe tines, signal wires, protective and safety devices, valves, meters, regulators, and other structures and appantas used Or usefid for the transmission andlar regulation of natural gas; the right to transmit, and agulant the aforesaid at any lawful pressure and for any lawful purpose; the right Of ingress to and egress from the above-described snip of land over and across 6, land ofthe Grant ar, its successors and assigns, bymesns ofroads and lambs, iffo re be - soch, otherwise by such route orroutes as stand muse the leastpacticable damage and inconvenience W the Grantor; the right to clear and keep said strip of land cleared by any lawful means :Ofmass, undergrowth and all other obstructions. Also conveying the right to extend gas service lines and Or gas notes, from said ship, from time to gime in Order to provide service to sites on said lands aid to extend gas service lines and or gas mains northeasterly and southeasterly ftom said strip in order to Provide service to others. Father conveying to said Bangor Gas Company, LLC, its successors and assigns; the right to assign to others; m whole or in part, any or all of the rights, privileges and easemprts herein conceycel. The Grantorheair for itself, and As successors alrd assigns; covenants and agrees to and with said Bangor Gas Company, - LLG, its successors and assigns, that it will not erect or maintain any building, mobile home, or other shncture, or permit the erection ar maintenance of any building, mobile Lome, or other structure, of any kind or nature, or change the grade or excavate, withhi said strip Of land, any or all of which in the Opinion of said Bangor Gas Company, LLC, . its mccessors and assigns world ebdanger or interfere with the exercise of my of the rights, privileges and easements so conveyed. - Further conveying to said Bangor Gas Company, ITC, its Processors and assigns, the right to establish any and all safety regulations which said Bangor Gas Company, Id A, it successors and assigns, in its sole discretion deems necessary and proper for the Wooden of the rights Lando granted and for said transmission any interference or violation by said ('Mantas, its successors or assigns, as determined by the Grantee, its successors and assigns, of said safety regulations, shall constirate an interference with and violation of the rights, priCileges and easements 5ereby granted This conveyance is subject to the Grantee's agreement and covenant on promptly restore the surface of the Grantor's land to its prior conditions 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 toregralrag; regress -seeding, and reasp}taltingof said surface and to exert= such rights, privileges and easements in a Mame that will not unreasonably interfere with the Grantor's, i11 successors and assigns, Tights to and use of Our increases err any portion thereof TO 11ANrE AND TO HOLD the said rights, privileges and easements to said Bangor Gas Company, LITC, its successors and assigns forever. IN WiTNFSS WHEREOF, IS the said City of Bangor has caused due instrument to be executed by its Time authorized representative thisda�day of —3609aas'n5 - CITY OF BANGOR:, BY: ad A. Barrett Ctty Manager I City ofBeager, Aherne STATE OF MAINE County ofPenobscot,as: J9,k4lUast 2005. Personally appeared the above-named Edward A. B�arreu'and acWawladged the foregoing uratruMent to be his free act and deed and the bee act and deed of said City of Bangor. Before me, - Notary Public. t_ TERRI IEE CONEY NOTARY PUBLIC • MAINE MY COMM ISSJOM EAPRES CECEMBE9 ES, 2910 Print Name of Notary: SCR' o4t� t age FRO�0 Mkna ws une cns¢wx uunc �AoTM CPK - it 1 I uo xAmau cas u cu otic i 1 i 1, EXHUBIT "A". ..... . SKETCH SHOWING PROPOSED LOCATION OF GAS LINE 8/17/05