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Home My WebLink About1989-03-15 89-125 ORDERDate w 3115/89v Item No. 89-125 Item/Subject: Accepting City Engineer's disgust - Laying Out and Establishing a Sanitary Sever Easement Across Land at No. 256 Birch Street Responsible Department: Engineering Commentary: This is the first step in establishing a sever easement across the McCloskey property on Birch Street, which is the last private property crossing easement needed to complete the Carr Brook Sewer project. ponm1 ^ e Manager's Comments:.��Wm Nasstuxd'u-r QM MN))o,*0. Fri" GrmwZtbi M* Lsna-'� City Mawgan Associated Information:o f Budget Approval: /d - - Fine «Di Legal Approval Ciry 506 it Introduced For ®Passage OFirst Reading Pape—of_ ❑ Referral 89-125 Auiyped [o Coundor Shubert, March 15, 1989 _y CITY OF BANGOR (TITLE.) (DrUYi f!,ccepting Citly En&IM Report - Laying -Out -and _ Establishing a Sanitary Sewer Easement Across Land at No. 256 Birch Street By the City (%aaMl{ 0f Us City of Bangor. ORDERED, TMT , MESAS, the City Council of the City of Bangor in its capacity as Municipal Officers of the City of Bangor hereby determines that the laying out, establishment and acquisition of a sanitary sewer easement o across property at 256 Birch Street is necessary far public convenience and health, as defined by 30 M.R.S.A., $ 4352, NOW, THEREFORE, Be It ORDERED. THAT the attached report of the City Engineer describing the laying out of a sanitary sewer easement along the southerly side of said property at 256 Birch Street be and hereby is accepted; and be it further ORDERED. THAT said sewer easement be laid out and established as noted in said report. and be it further ORDERED. THAT damages in the amount of One Thousand Dollars ($1,000.00) be paid to Eleanor M. McCloskey, the owneof the property at No. 256 Birch Street, said payment to be made from the existing Carr Brook Sewer account. 89-125 ORUER IN CITY COUNCIL H Name 15, 1989 f Passed Title, � aP r(Lit� ! AcLePtms ciry.E„gipeei,e,aeporr• bayFng CITY Out and Establishing 8 Sanitary yS¢m¢i•Easement Ac[Oe8 LaudebNm•256�Birch6treeC....•.• -&pRly. &�v �I /4Ae¢igned to ......... �Y ^ . ......... Councilman CITY of BANGOR, To the City Council: Pursemt W w order of the City Councilorden,lie.._89-54._....... paned... DesagIng"g...1988 directing the City Engineer W lay out_ and eatoblish_an.naaenenLfac rm u.e.eetarion of an 8 inch sanitary se a parcel of lend located at No. 256 Birch Btz t owned by, Eleanor. M M Clock Z. ,,,,,,_, fhe City Engivem bees leave to report: That of hu intention to toy out said easement_...._. the City Engineer gave written notice by nations attached to copies of mid order Ended for eeven days prior W the._. 15th day. eLPebxuary. 1989.___... ............... in taro public places in the City of Rangor and in Ne vicinity of said street, W alt: _Qta..anscei.on.Pale.lil.aeax..25i.b1rch.Skzeet._--------- ................__.______..___.__............. One posted on Palen t 260 Birch Street; and elan gave entire by causing the same W be published in the. Baboon Dol V b1gwe, mwspapr printed in mid city, for one wank prior to the:__Peb.. ]S._1989, copy, of said order std notices, so Ended and published, In hereto annexed avdmade part of this report.. ----- _..._._._.._ And that the said City Engineer and at the time and place of meeting spmJfied in the nodics and preceded to lay, net said ease_mmat as 1a11:_s ...... ................ --- -I- 89-125 Beginning at the intersection of the southerly line of said McCloskey land with the westerly right -of -wry line of Birch Street; thence in a northerly direction along the westerly right-of-way line of Birth Street for a distance of twelve (12) feet( thence in a westerly direction along a line parallel to and twelve (12) feet north from the southerly line of said McCloskey property for a distance of see hundred thirty-two (132) feet to a point on the westerly line of said property; thence southerly along said westerly property line for a distance of twelve (12) feet to the southwesterly career of said property; thence easterly along the southerly line of slid property for a distance of one hundred thirty-two (132) feet to the point of beginning. Meaning and Intending to describe a twelve (12) foot wide strip of land along the southerly aide of said McCloskey property, extending from the westerly line of Birch Street to the westerly line of said property, said McCloskey property described in a Dead recorded in the Penobscot Reggstry of Deeds in Volume 2611, Page 191. There appeared at the time and place set for the meeting Mrs. Eleanor M. McCloskey of 256 Birch Street, the owner of the property in question; and Bruce and Brenda Bane of 250 Birch Street, the owners of the abutting property; and the City Engineer. The City Engineer explained the need for the a To permit the City of Bangor or Its agents to ante[ upon the abovedescribed premises as necessary to contruct and maintain an 8 inch sanitary sewer and appurtenant structures within Chfdpxoposedteasement area. Be explained that the sewer line would be located approximately 3 feet from the southerly line of the McCloskey property, and that the City has obtained an easement from the Bance along a strip of land abutting the proposed s ment, s as to give a total easement width of approximately twenty (20) feet. The City Engineer explained that the sewer ieary part of the City's efforts to separate and rehabilitate ethe so-called Carr Brook Sewer, wdiebalegves a considerable area between Mr. Hope Avenue and the Penobscot River. extending from Palm Street to Howard Street. The subject sewer will beanitary and the existing sewer which crosses properties to the south will be converted to use as a r storm se Those present w advised that All houueswvtll. beconnected to the new sanitary sewer, and the McCloskey house will be c w connected to a proposed o sanitary sewer Side which will extend in a northerly direction on Birch Street. e The City Engineer explained the desire to complete all of the private property crossings s possible, a that the land can be restored in a time todevelop a suitable replacement of the disturbed grass areas before u, also, the workwwould be done during the cold weather periods whenwindows are closed. and there will be Less inconvenience from duet and noise generated by the construction. He advised Chose present that the subject easement is the last easement required for this entire project -2 89-125 The City Engineer explained the method of determining the value of damages The assessed square foot value of the land is sed as the basis to determine the value of the total easement u and it is assumed that the a will encumber the property e by fifty percent of its value: no permanent structures or large trees are to be constructed withinhthe easement area; however, the land c still be used for parking, driveway, last,agarden other similaruses. e On the basis of the assessed value computed as described above, the recommended damages for the easement are $1,000.00. Mrs. McCloskey did not object to the proposed location of the sewer easement, nor to the decommended damagea. The City Engineer assured those present that the work would be carried out as soon as possible in the spring, and would be completed as expeditiously as possible in an attempt to create as little incon- venience or disruption to the property as possible. Since the above-described sewer easement is needed to complete the Carr Brook Sewer Separation project, it Is recommended than 1t be established as described above, and that damages in the amount of Due Thousand Dollars ($1,000.00) be paid to Mrs. McCloskey. A Plan shoving the proposed easement, Plan Mo. R -894A, is on file in the Office of the City Engineer. Respectfully submitted, � b..T�41 STP:jkp John T. Frawley. City engineer -3-