2014.12.08 Council Agenda Item 06

Summit Natural Gas is proposing a 4” distribution line to run from the Falmouth Plaza property to Clearwater Drive.  Due to the fact that Hat Trick Drive is laid out across private property, Summit will need to acquire easements from all three affected property owners in order to install and maintain the line. This distribution line would provide natural gas service to all three parcels.

Summit reports that they have been in contact with both Falmouth Plaza and Dingo Realty regarding the need for easements. Family Ice would also need to be a party with the Town on the Town's easement. 

Attachments:

• Draft easement
• Plan showing the proposed easement area

The attached easement will need modifications based on final Town Attorney review which should be completed prior to the Town Council meeting. The Town Manager has suggested the following changes which have been agreed to in concept by Summit Natural Gas of Maine. These changes will be incorporated into a final draft which will be submitted prior to the Town Council meeting on December 8.

Town Manager suggested edits:

1. The Town should recover reasonable attorney fees (likely less than $1,000)
2. There needs to be language which will allow the town to work in the easement area for future road maintenance and related infrastructure maintenance. Furthermore, the Town will need to be able to move the gas line and easement in the future if it is in the best interest of the Town. The Town would agree that associated costs to move the line and easement along with approvals, not to be unreasonably withheld from the gas company, will be the responsibility of the town.
3. There will need to be a very specific deadline for construction completion to coordinate with the Hat Trick Drive reconstruction project in 2015.
4. The Town should require additional indemnification for future maintenance of gas line (not just during construction).
5. The easement and line location will need to be precise and incorporated into the Hat Trick Drive construction plans.
6. Advanced notification (14 days) to the gas company is currently required if the Town conducts any work near the gas line. There should be an additional provision that will allow emergency repairs and maintenance to occur with no notice.