HomeMy WebLinkAbout1992-02-24 92-132 ORDERIr
Rounnl Acbon
Dam 2-24-92 Ilam No. 92-132
Item/Subject: Accepting City Engineer's Report - Alteration of Dowd Road
Right-of-Way at Odlin Road
Responsible Department Engineering _
Commentary:
This Order completes the process of altering the right-of-way at
the intersection of Dowd Road and Odlin Road, to accommodate the
encroachment of the travel way onto the c of the abutting
properties. The Order is recommended for passage, and should
precede the Condemnation Order on the City Council Agenda. .
Dej.rtnam Hesd
densest's Comments:
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Budget Approval:
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❑ First Reading d page_ of_
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Referral
A S'pnad to CounAw Sent February 24,1992
CITY OF BANGOR
(FITLE.) (k)Tlb2X ACCepting city Engineer's Report - "teration of Dowd Road
By the City Conrail of W My of D6 :
ORDERED,
TWT the attached reportof the City engineer relative to the
alteration of Dowd Road at the intersection with Mir Road be and hereby
is accepted; and be it further
ORDERED,
THAT the alterations to said Dowd Road right-of-way be established
as part of the public way,
In City Council February 24.1992
Passed
Council voted no conflict
for councilors Seel 6 Soucy
92-132
ORDER'
Title,
ActeQ..sin cit
y E £Peer's.Re oro
.B.......:'&.........R.......
Alteration of Dowd Road Right of Way
at Odlin Road
......................
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f 1R
n� d A aigned to.. B
.t.lK.3FGf4G! ..5(an4a..V4YS .........
!/ Councilman
92-132
CITY of BANGOR,
To the City Council:
Pursuant, to an order of the City ....... Passed_Apiil-8....1491
directing the City Engineer to ww»uti-:.alsex.eha-right-of- y -"of --Decd hoed -at --the........
Intersection of odllnRoad, ..............
------ 1- .-__., ..... _ ...--- ___. _- _-:.the City Engineer begs leave ti, report:
That of his intention to PY6RLalcez..eafd.nnuia..gnaw_xight-af�waY......._. --
the
.the City Engineer gave written notice by notices attacbed to copies of said order Padded lot Seven
days prior to the..-....,._..... lOtM1 deY f P b xY.-_1992
in two public plans in the City of Barer and in the vicinity of Said street, to wit:
.... .-------------- ... _-_
We posted on Pale 956 on Odlin Road:
One tested on Pole 857 on odlin Road:
=it also gave notice by tatting the since to be published in the Damson DAILY NEWS, newspaper
printed in said city, for one week prior to YYa_-Petr--IS,-U92........... -_.copy of said order And
notices, so posted and published, is hereto annexed andmade part oY this report..___ ------------------
And that the said City Engineer met at the time and place of meeting Specified in the notices
and proceeded m 1xim t--.al3ex-IuLld ------- ...................____,.,.__---
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92-132
NORTHEAST CORNER
A triangular parcel of land, measuring 25 feet east along the
northerly right -of -may line of Odlin Road, and 25 feet north along
the easterly right-of-way line of Dowd Road, more fully described
as follows:
Beginning at the intersection of the northerly right-of-way
line of Cilia Road with the easterly right-of-way, line of Dowd Road;
thence North 79° 09' 14" East along the northerly right-of-way line
of Odlin Road for a distance of [weary -five (25.00) feat to a point:
thence North 59° 21' 58" West across the southwesterly corner of
Lot No. 2 as shown On a Plan entitled "Dowd Industrial Eetatee",
corded in the Penobscot Registry of Deeds in Plan Pile D-193-83
for a distance of thirty-seven and forty-six hundredths (37.46)
feet to the easterly tight-of-vay line of Dowd Road: thence South
17° 53' 10" East along said easterly right-of-way line of Dowd Road
for a distance of twenty-five (25.00) feet to the point of beginning.
Being a part of the same premises conveyed to Eremite 6 valley
by the Bangor Target Area ➢ veloTaxnt Corp. as described in a. Deed
recorded in the Penobscot Registry of Deeds in Vol. 3609, Page 189.
RORTH EST CORNER
A triangular piece Of land, measuring 20 feet West along the
northerly right-ofway line of Odliv Road and 20 feet north along
the westerly right-of-way line of Dowd Road, more fully described
as follows:
Beginning at the intersection of the northerly right-of-way
line of Colin Road with the westerly rigbt-of-way line of Dowd Road:
thence South 79° 09' 14" West along the aortberly right-of-way line
of Odlin Road for a distance of twenty (20.00) feet; thence North
30° 38' 02" East for a distance of twenty-six and forty-nine hundredths
(26.49) feet to a point on the westerly right-of-way line of Dowd Road;
thence South ll° 53' 10" East along the westerly right-of-way line of
Dowd Road for a distance of twenty (20.00) feet to the point of
beginning.
Being a portion of Lot No. 13 a show, o a Plan entitled
"Dowd Industrial Estates", recorded in Penobscot Registry of Deeds
n Plan Pile D-193-83, and being part of the same premises conveyed
to Daniel A. Buchanan and Craig C. Poole by a Deed dated August 7,
1991 from pairs Fire Protection Systems, Inc., recorded in said
Registry of Deeds in Vol. 4888, Page 32.
There appeared at the time and place set for the meeting Joel
Dearborn, Esq., representing Eremite 6 Valley; Daniel Buchanan; James
Ring, Capital ProjectCoordinator: and John Frawley, City Engineer.
The City Engineer explained that the widening of the right-ofway,
was necessary t0 accommodate the travel way of Dowd Road at the Later -
section of Odlin Band, which has encroached beyond the right-of-way linea
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92-132
and onto the adjacent premises.-- The encroachment was partially caused
by the installation of an island in the center of the intersection.
requiring nore room for large vehicles to turn. The proposed alteration
would move the right-af-way line out beyond the existing travel way at
both aides of the intersection.
The City Engineer explained that a public hearing was originally
scheduled for May 1, 1991; however, Thomas Valley, representing Eremlta d
Valley, requested time to study any possible effect of the widening on
his property; he agreed to give the City a Deed for the additional right-
of-way if he determined that there would be no damage to, on loss of use
of his property. Mr. Dearborn, representing Eremite d Valley. later
indicated that his client would require a release from the Bangor Target
Area Corporation, the original Developers of the Subdivision. from any
conditions set forth in the Deed. In a previous
esation with Edward
McKean, representing Target. he Indicated that Target did not intend t
pursue the fulfillment of the Deed conditions, but that he would not
recommend that a release be given to Eremite d Valley.
The City Engineer indicated that the laying out of the alteration
will be in accordance with the provisions of 23 M.R.S.A. 43022, followed
by the acquisition of the right-of-way by eminent domain in acordance
with 23 M.R.S.A. 93023. The City Engineer further recommended
to Eremite d Valley in the amount of $150.00 for the 310 square feet to
be acquired, and payment to Mr. Buchanan and Mr. Poole in thea our
of $100.00 for the acquisition of 190.5 square feet of their land.
Both parties objected to the recommended damages. Mr. Buchanan
indicated that he felt that the froat property had a higher value than
the rear land, and he also complained about expense that he had incurred
in theclearing of City land on the southerly side of Odlin Road, which
aallegedly promised to be done by Edward McKeon representing Target.
He also complained about the poor flow of water in the ditch in front of
his property. which has not been fixed as promised.
Mr. Dearborn indicated that he could not accept the damages
recomended unless he had an acceptable release from Target, to insure
that future legal expenses would not be Incurred to defend their position
with Target.
The City Engineer indicated to both partles,that, in his opinion,
the acquisition of the necessary right-of-way to accommodate the existing
travel way is 1n no way related Co any dealings that either party may have
had, or are havi he Banger Target Area Development Corporation.
The right -of widening is necessary a a public exigency to assure
the safe passage o clew, And sshould aremove a potential liability
of having the travelling public each ach upon private property. The
City Engineer assured Mr. Buchanan that the Public Works Department.
would regrade the ditch in front of his property to the extent possible.
an soon as Bather conditions permitted in the spring. He also indicated
that he would review the amount of damages recommended for the land awed
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92-132
by Buchanan and Poole: in this respect, the estimate of damages for the
acquisition of the property owned by Buchanan and Poole was raised to
$125.00, since the land is improved land, whereas the Eremite 6 valley
land is undeveloped.
It ieended that the right-of-way be altered as described
above, and thatrecomm
the dwar gas be paid as recdome ended.
Respectfully submitted,
]TP:jkp John T. Frawley,
City Engineer
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