HomeMy WebLinkAbout1990-09-10 90-322 ORDERDate 9-10-90 V Item No. 90-322
Item/Subject: Accepting City engineer's Report; Acquisition and Award of
Damages for Property of Maine Central Railroad + Secondary Treatment
Responsible Department Legal
Commentary:
The purpose of this. Order is to complete the process for acquiring
property owned by the Maine Central Railroad/ located next to the
Wastewater Treatment Plant, for the purposes at constructing a
new secondary treatment plant. The damages recommended by the
City Engineer reflects the appraised value of the property and -
reduction for costs of removal of an underground tank, together
with contaminated soil, Found on the premises.
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90-322
Aedq,edta Couadoe Stone, September 10, 1990
d�pp CITY OF BANGOR
a1J
(TITLE.) rUr, Accepting- City Engineer's Report; Acquisition and __...
Award of Damages for Property of the Maine Central Railroad Company
BY W City CouasB NW atr of Banzon,
ORDERED.
THAT
WHEREAS, by Council Order No. 89-353, dated August 28, 1989, the
City Council authorized acquisition of -certain real property within
the City of Bangor by eminent domain for use as a secondary sewage
treatment plant site; and
WHEREAS, public notice of the proposed acquisition has been duly
given and a public hearing held by the City Engineer on September
], 1990; and
WHEREAB, the City Council has accepted the City Engineer's report
recommending compensation to the affected parties in the amounts
stated therein; and
WHEREAS, it is hereby determined that public exigency requires the
immediate acquisition of the property described in said report to
permit construction of the City's Secondary Treatment Plant;
NOW, THEREFORE, By the City Council of the City of Bangor, be it
ORDERED,
THAT the report of the City Engineer relative to this matter dated
September 1, 1990, attached, is hereby approved. Further, it is
ORDERED,
THAT the City Council of the City of Bangor in its capacity as the
Municipal Officers of the City of Bangor hereby acquiree by eminent
domain pursuant to 30-A M.R.S.A. 9 3402 the following real property
in the City of Bangor, lying generally between lower Main Street
and the Penobscot River,
90-322
IN CITY COUNCIL 0 R D I R
September 10. 1990
Alded Gescxlption end Title,
Pa ed.
V Accepting City. Engineer's Report' Acquisition and
C Award of Damages for Property of the Maine Central
Railroad Company - Secondary Treatment Plant.
A Agned to
..............................
Councilman
. Amendment 490-322
Beginning at a point on the Town Line between Bangor and Hampden,
said point being 65 feet southeast from the southeasterly right-of-way
line of Main Street, as measured along said Town Line said point also
being at the southerly corner
of a parcel of land owned by the City of
Bangor, as described in aDeed recorded in the Penobscot Registry of
Deeds in Volume 4434, Page 203; thence North 46' 20' 00" East along the
southwesterly live of said City of Bangor property for a distance of
one hundred twelve (112.DO) feet to a point, said point being on the
southwesterly line of a parcel of land owned by the City of Bangor a
described in a Deed recorded in the Penobscot Registry of Deeds in
Volume 4421, Page 316; thence South 55' 49' 52" East along said south-
westerly property line for a distance of thirty (30.00) feet to the
southerly corner of said propfrty; thence North 46° 20' 00" East along
the southeasterly line of said property for a distance of one hundred
(100.00) feet to the easterly comer of said property; thence North 55'
49' 52" West along the northeasterly line of said property for a distance
of vrnety-five (95.00) feet to a point on the southeasterly right-of-vay
line of Mein Street; thence North 46' 20' 00" East along said southeasterly
right-of-way live of Main Street for a distance of one hundred five and
six tenths (105.60) feet to a point, said point being at the westerly
comer of a parcel of land awned by the City of Bangor as described In
Deeds recorded in the Penobscot Registry of Deeds in Volume 4434, Page
205, Volume 4434, Page 208, and Volume 4407, Page 50; thence South 43'
40' 00" East along the southwesterly line of said property for a distance
of one hundred (100.00) feet to the southerly corner of said property;
thence North 46° 20' OD" East along the southeasterly line of said property
for a distance ef.one hundred. sixteen (116.00) feet to the easterly corner
of said property; thence North 43' 40' DO" West along the northeasterly
line of said property for a distance of one hundred (100.00) feet to the
southeasterly right-of-way line of Main Street; thence Worth 46' 20' 00"
East along said southeasterly Tight -of -way line of Main Street for a
distance of two hundred sixty-one and nine tenths (261.90) feet to an Iron
Stake, being at the westerly corner of a parcel of land owned by the
City of Bangor as described in aDeed recorded in Penobscot Registry
of Deeds in Volume 2075, Page 387; thence South 49. 28' 33" Bast along
the southwesterly line of said City of Bangor land for a distance of
one hundred forty-five and ninety-five hundredths (145.95) feet to a
polar. Being at the northerly corner of a parcel of land owned by the
Bangor Hydro -Electric Company described in a Deed recorded in Penobscot
Registry of Deeds In Volume 1334, Page 482; thence South 59' 17' 27" West
along the southwesterly line of said Bangor Hydro land for a distance of
thirty-eight and thirty-two hundredths (38.32) feet to the westerly corner;
thence South 23' 24' 33" East along the southwesterly line of said propert
for a distance of one hundred thirty-two ands enty-four hundredths (132.74)
feet to an iron stake; [hence continuing along the e e for a distance
e
of thirty-nine feet, more r less, to the Penobscot River;u thence incuth-
escerly direction along the shoreline of the Penobscot River for adistance
of five hundredseventy-five and five tenths (575.5) feet, more
r less, to
a point, said point being an southeasterly extension of the Town Line
between Hampden and Bangor; thence in anrtheasterly direction along said
e
Town Line for a distance of fifteen (15) feet, to a No. 6 re -bar stake;
thence continuing along said TownLine, North 55' 49' 52" Nest for a
distance
of two hundred twenty-nine and fifty-two hundredths (229.52) feet
to the point of beginning.
-2
There is E%CEPTEO AND RESERVED from the above described parcel a
Bangor Hydro -Electric Company electrical pole line right-of-way having
width of approximately 36 feet, and extending in aaoutheasterly
direction from the southeasterly right-of-way line Of main Street to the
northwesterly line of a parcel of land owned by said Bangor Hydro -Electric
Company as described 1n a Deed recorded In the Penobscot. Registry of Deeds
n Volume 1334, Page 482; the northeasterly line of said right-of-way,
having a length of ane hundred forty-five and ninety-five hundredths
(145.95) feet, is coincident with the northeasterly line of the Maine
Central RailroadCompany parcel described above.
ALSO EXCEPTED APD RESERVED from the above described parcel ate the
rights of the Mobil 011 Company to operate and maintain an existing fuel
oil pipeline which crosses said Darcel.
The above described parcel contains 3.75 acres, and is part of the
me premises conveyed to the Maine Central Railroad Company by the European
6 Routh American Railroad Company by a Deed dated November 17. 1955 and
recorded in the Penobscot Registry of Deeds in Volume 1509, Page 128.
ALSO included as part of the acquisition from the Meme Central
Railroad Company is a 33 -foot wide right-of-way extending across land
caned by the City of Bangor, lying northeasterly of and adjacent to
the above described parcel, said right-of-way extending northeasterly
from the northeasterly line of the above described parcel. for a. distance
of three hundred twenty-nine (329) feet, more
r less, to the northeasterly
line of said City of Bangor property. Said right-of-way covers an area
of 0.25 acres.
All of the above described premises are more fully shown a Plan
prepared by the City of Bangor Engineering Department entitled "Land in
Bangor, pairs, Raine Central Railroad Company to the City of Bangor' dated
August 23, 1990, to be recorded in the Penobscot Registry of Deeds.
_2_
Parcel #1
BEGINNING at the southeasterly boundary of the Hampden
Road, otherwise known as Nein Street, at a point two
hundred nine (209) feet from the Hampden Town line,
as measured along the southeasterly boundary of said
mad, said paint marking the northern corner of a
lot formerly conveyed by Olive Crosby to John N.
Ray, as described in a dead dated April 15, 1863 and
recorded in the Penobscot County Registry of Deeds
in Book 32, Page 82; thence northeasterly, with the
southeasterly boundary of said road, a distance of
e hundred five and six -tenths (105.6) feet, more
or less, to a point marking the we8terly corner of a
lot formerly conveyed by Timothy Crosby to Hugh
Corrin, as described in a deed dated June 17, 1865,
and recorded in the Penobscot County Registry of
needs in Book 348, Page 383; thence at right angles
southeasterly, a distance of one hundred (100) feet,
more r lees, with the southwesterly line of said
Corrin lot; thence, at right angles, southwesterly,
a distance of one hundred (100) feet, more or less,
on a line parallel with the southeasterly line of
the Hampden Road, aforesaid; to a point; thence
northwesterly, on a line parallel with the Hampden
Town line, one hundred (100) feet, more or less, to
the place of BEGINNING.
Parcel #2
BEGINNING at the southeasterly boundary of Hampden
Road, otherwise known as Mtn Street, at a point
four hundred thirty-three and six tenths (433.6)
feet, more or lase, from the Hampden Town line, as
measured along the southeasterly boundary of said
mad; said point marking the northerly corner of a
four -foot strip formerly conveyed by the Maine
Central Railroad Company to Irving H. and Julia S.
Ayer, as described in a deed dated Harch 26, 1957
and recorded in the Penobscot County Registry of
Deeds in Book 1571, Page 5; thence northeasterly
with the southeasterly boundary of the said Hampden
Road a distance of one hundred twelve and Sixty-six
hundredths (112.66) feet, more or leas, to a point;
thence at right angles southeasterly a distance of
e hundred (100) feet, more or less, to a point;
thence at right angles southwesterly along a line
parallel with the Hampden Road a distance of one
hundred twelve and sixty-six hundredths (112.66)
feet, more or less, to a point; thence at right
angles northwesterly by the north easterly line of
the Ayer property, aforesaid, a distance of one
hundred (300) feet, more or less, to the place of
BEGINNING.
-3-
Parcel A3
BEGINNING at the southeasterly boundary of Hampden
Road, otherwise known as Wain Street, at a steel rod
set in the ground approximately six hundred ninety-
one eight -tenths (691.8) feet northeasterly of
the Hampden Town line, as measured along the
southeasterly boundary of said road; thence parallel
to the Hampden Taw line, a distance of one hundred
forty-five and ninety-five hundredths feet to a
steel red set in the ground; thence S. 600 11' W. a
distance of thirty-eight and thirty-two hundredths
(38.32) feet to a steel rod set in the ground
marking the northwesterly corner of land previously
conveyed by the Wain Central Railroad to the Bangor
Hydro -Electric Company, as described in a deed dated
September 13, 1950 and recorded in the Penobscot
County Registry of Deeds in Book 1334, Page 482;
thence S. 220 31' E a distance of one hundred
thirty-two and seventy-four hundredths (132.74) feet
to a steel rod set in the ground; thence continuing
S. 220 31' E. a distance of thirty-nine (39) feet,
more or lees, to the Penobscot River; thence
southwesterly along the bank of said River a
distance of five hundred seventy-five and one-half
(575.5) feet, more or leas, to the Bampden Tow
line; thence northwesterly with the Hampden Tow
line a distance of two hundred forty (240) feet,
more or less, to a point sixty-five (65) feet from
the southeasterly boundary of the Rampden Road where
it is intereedtad by the tow line, said point
marking the southerly corner of a lot fexnerly
conveyed by Olive Crosby to John W. Ray, as
described in a dead dated April 150 1863 and
recorded in the Penobscot County Registry of Deeds
in Book 342, Page 82; thence northeasterly, with the
southeasterly boundary of said late on a line
parallel with the southeasterly line of the Hampden
Road a distance of one hundred twelve (112) feet,
more or less, to a point on the westerly
boundary of a lot formerly conveyed by Olive Crosby
to John Spaulding, as described in a deed dated
January 19, 1866 and recorded in the Penobscot
County Registry of Deeds in Beck 408, Page 109;
thence southeasterly with the westerly boundary of
the said Spaulding lot on a line parallel with the
Hampden Tow line a distance of thirty (30) feet,
more or less, to a corner not square; thence with
the southeasterly boundary of the said lot
northeasterly, on a line parallel with the
southeasterly line of the Hampden Road a distance
described in the deed from Olive Crosby to John
Spaulding as one hundred (100) feet, but believed to
-4 -
be ninety-seven (97) feet; thence southeasterly on a
line parallel with the Hampden Town line a distance
of five (5) feet, more or lees, to a point; thence
northeasterly on a line one hundred (100) feet
distant from and parallel to the southeasterly line
of the Hampden Road, a distance of three hundred
twenty-nine (329) feet, more or less, to a point;
thence northwesterly on a line parallel to the
Hampden Town line a distance of one hundred (100)
feet, more or less, to the southeasterly line of the
Hampden Road; thence northeasterly along the south-
easterly line of said road a distance of one hundred
forty-eight and five tenths (148.5) feet, mora or
lase, to the place of BEGINNING.
mogether with all track, rail lines, pipelines, buildings,
vehicles,personal and other ,property now existing on the
described premlees, subject to the right of the owners
thereof upon due notice to remove the same; and together
with all public and private easements, rights, licensee,
and other interests of any kind whatsoever now existing
in or to the described premises, to the full extent such
taking may be permitted by law.
Also acquired by this Order is all the right, title
and interest of the Halve Central Railroad in and to
certain railroad easement as the ease now exists
lying easterly of Hain Street across other property of
the City of Bangor described in Vol. 2075, Page 387,
Penobscot Registry of Deeds.
and be it further
ORDERED,
THAT there is hereby awarded as damages for the interests taken
herein the amounts stated in the City Engineer's Report, attached;
and be it further
ORDERED,
THAT a copy of this Order and the City Engineer's Report be
recorded at the Penobscot Registry of Deeds, together with Council
Order No. 89-353, in accordance with Title 23 N.R.S.A. S 3024, this
action constituting final approval of acquisition of the described
property by the City of Bangor.