Loading...
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. DIPIM1111 Hord Menet e's's Com/mens: �(� y. Ili Ll� 6*ffI l'44 St L3'R A'al SNr /�jp� di /%Sa capoamuff, 4k o m Associated Information: Budget Approval: rd, o,on Legal Approval y soxil,r r ced For in� Passage LJ Fint Reading Par—of— Ll Referral rant 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.