HomeMy WebLinkAbout1989-06-12 89-249 ORDERDam woo 6/12/89 Item No.. 89-249
Item/Subject: Accepting City Engineer's Report - Laying Set and Establishing
Easements for the Neadowbrook Sanitary Sever
Responsible Department: Engineering
Commentary:
This 1s a follow-up to City Council Order No. 89-222 passed May 22. 1989,
which directed the City Engineer to acquire the necessary a eme arm to
permit the installation of the new Meadowbrook Sanitary Sewer. All of
the property owners have been previously contacted and many have returned
executed men
EasetfAgre encs: however. this Council. action is necessary
to establish assessors on any remaining properties whose owners have not
responded.
Contacts with the property owners have not indicated any objections to the
proposed sewer installation.
John T. Frawley
Depertmenr Hend
Manager's Comments :-ILea♦!u aw.
a- yew jp ,444 ,-')U 61
Associated Information:Q
Budget Approval: VA
Flnenee D4mmr
Legal Approval
city salieime
Introduced For
®Passage
❑First Reading Page _ of
❑ Referral
89-249
Amlgned mConwader Shubert,. June 12. 1989
tqqw CITY OF BANGOR
(TITLE.) WiliBCf „, Accep[Ing City Eneirwa Report. -_laying Out and Establishing
Easements for the Meadowbcook Sanitary Sewer
BY the City Caar it of my OJBamyo.:
ORDERED, THAT, RHgEEdS, the City Council of the City of Bangor in its capacity e
Municipal Office of the City of Bangor hereby determines that the laying out,
establishment and acquisition of easements to permit the installation of a new
unitary sewer know as the Meadowbrook Sever, extending from Kenduskeag Stream
near Harlow Court in a northeasterly direction to Stillwater Avenue In the
vicinity of Interstate Highway 1-95 is necessary for public convenience and
to comply with conditions of a Conten Decree with the Maine Department of
.Environmental Protection, said laying out as defined in 30 M.R.S.A. 4 4382;
AGE, THEREItl%, Be It
ORDERED,
THAT the attached report of the City Engineer relative to the laying out
of said sewer assurance be and hereby is accepted; and be it further
ORDERED,
THAT said sewer easements be laid out and established as noted in said
report.
In city Council June 13,1969 0 X PE A
Passed - Title, f
,f a Accepting City Engineer'$ report laying out
................... I......... 4.1......
City Clerk and eatablisbing easements for the meadawbrook
4PPik4?Y.42Y4T........................
Qd6.rp�>=
Assigned to
.....t? ..............
Councilmen
CITY of BANGOR,
To Qua City Council:
Pursuant W an order of the City Council, Order Fol,89-222
,,,,,,
pained.
M y 22,
1989
directing the City Engineer in lay out.. vad, estahlish eaa%manta_£ux_[ha.AZApasad..n%u....
Meadovb[ook Sanitary Sever extending northeasterly from Kenduskeag Stream near
Barlow Court .I- to the vicinity of Int. 1. .1 a Highway I11 1--95 neat Stillwater Avewe,
....she City Engineer bege leave to repab
That of his intention to lay out_sa.il.. saPicery s%v,REaasemenC&... ..... __. .... .... ...
the City Engineer gave written notice by ounces attached to copies of said order pasted for seven
days prior to the 9th day of, June, 1989
in two public places in the City of Bangor and in the vicinity of said street,W wit:
___..one on the Bull CS B d at Ci[y N lip
._... rne...an.Tole _in.fxant af...257 aailag..Stx%eL:....._. _._. _. .................
One on Pole at intersection of Grove SC. and Milford St..
and also gave notice by causing the same W be publish" In the BAMWB DAILY NEWS, newasts ar
printed to said city, for one week prior to ERIC June. 9,..1989x _._ copy of mid Order and
notices, so posted and published, is hereto annexed and made pert of this report.
And that the said City Engineer met at the time and place of meeting specified in the noticm
and massaged to lay out said_seµer, easements as fall........ _..,--,
Land o ned by Northern Kingdom Music, lnc. at No. 349 Harlow
Street, described in Penobscot Registry of Deeds, Volume 3741,
Beginning ata point on the westerly right -o£ -way line of Harlow
e
Srr said point being fifty-five (55) fee r les south from
thenortherly line of the Grantor's premises[ thence in a generally easterly
no
direction for a distance o£ one hundred twenty (120) feet, m [ less,
to z manhole, said manhole to be located nineteen (19) feet, rare or less,
south from the northerly line of said premises; thence deflecting 12° is a
northeasterly direction from the above described line and extending one
hundred ninety-five (195) feet, more
r less, to the southeasterly line
of said premises, intersecting said line at a point located three hundred
thirty (330) feet northeast from the intersection of said southeasterly
property line with the northeasterly right-of-way line of Harlow Street;
ALSO, an additional length of thirty inch sanitary saver line located at
the northeast corner of the Grantor's premises, the conterlinve of which
is e fully described as follow Beginning at a paint oft the north-
easterly line of the Grantor's premises, said point being fifteen (15)
feet, m r les s
northwest from the easterly c of said property;
thence in s
a generally southerly direction a distance of thirty-five
(35) feet, more or less, to a point on the southeasterly line of said
property.
Land owned by David A. Kent and Noreen P. Kent at No. 76 Market
Street, described in Penobscot Registry of Deeds, Volume 3955,
Beginning at a point on the southerly right-of-way line of Market
Street at the intersection with the easterly line of the Grantors' premises,
also being the westerly line of land awned by the City of Bangor; thence'
in asouthwesterly direction along said property line for a distance of
one hundred s enty-e n (1]]) feet, m r lee oa point; thence
in a generally northeasterly direction for a distance of one hundred sixty-
nine (169) feet, m or less, t a point o the southerly right-of-way
line of Market Street thence in aneasterly direction along the southerly
right-of-way line of Market Street for a distance of twenty (20) feet,
more or lees, to the Point of beginning.
Land owned by Scenic Views, Inc. known as Clover Court Subdivision
located north of Milford Street and aaof Essex Street, described
in Penobscot Registry of Deeds Volume 4291, Page 16.
Beginning a a paint on the southerly line of Lot No. 8 a shown
n the Subdivision Plan at a point located eighty (8) feet, more or less,
northeast from the northerly c of land n r formerly owned by
Robert A. Taylor, at al, as described in a Deed recorded in the Penobscot
Registry of Deeds in Volume 1708, Page 26; thence in northeasterly direction
for a distance of one hundred twenty-two (122) feet, more at less, to a point
located thirty-three (33) feet, m r les est of the easterly line of
Lot No. 8; thence deflecting 13° in a northerly direction from the last
described line and extending a distance of four hundred four (404) feet,
more r less, to the northerly line of Lot No. 4 as shown ansaid Sub-
division Plan intersecting said line at a point located ten (10) feet,
more or less, west from the northeasterly corner of said Lot No. 4.
-2
Land owned by Harry P. Stevens, Jr. and Joy L. Stevens at No.
396 Purest Avenue, described in Penobscot Registry of Deeds,
Beginning at a paint on the so utherly line of the land of the
Grantors a a point located vine (9)feet, r less, east from the
southwesterly corner of said land; thence in
anortherly direction for
a distanceof ninety-eight (98) fee or less, the northerly line
of said property intersecting at a pain[ located seven (7) feet, more or
less, east from thenorthwesterlycorner of said property.
Land owned by James A. Taylor Trust located on Stillwater Avenue,
in care
of Noratar Bank, described in Penobscot Registry of
Deedsin volume 1116, Page 436; Volume 1266, Page 33; and
Beginning at a paint so the northeasterly property line of the land
of the Grantor at a point located seven
n hundred eighty (780) feet. more or
lea northwest from the intersection "of said northeasterly property line
with the northwesterly right-of-way line of Stillwater Avenue, as
measured
along said northeasterly property line; thence deflecting 75' tothes uth-
est from the southeasterly extension of said property line and extending
a distance of one hundred thirty-six (136) feet, Ears or less, to amanhole;
thence deflecting L]' to the west from the last described line and extending
a distance of two hundred twenty (220) feet to amanhole; thence continuing
along the same course for a distance of sixty-five (65) feet, more or less,
to the southwesterly property line of said land of the Grantor.
Land owned by James A. Taylor Osteopathic Hospital at No. 268
Stillwater Avenue, described in Penobscot Registry of Deeds in
Volume 1536 Page 134 and Volume 1636 Page 339
A twenty-four inch sanitary s reorienting on the southwesterly
property line of the land of the Grantor atpoint located seven hundred
eighty (780) feet, more
r les northwest from the intersection of said
southwesterly property line with the northwesterly right-of-way line of
Stillwater Avenue, as measured along said southwesterly property line;
thence deflecting I5• to the northeast it= the northwesterly extension
of said property line and extending for a distance of eighty (60) feet,
more
r less, to a manhole; thence continuing along the s a
fora distance of one hundred sixty-five (165) feet, m r less, a
manhole; thence deflecting Wc the east from the last described line
and extending a distance of one hundred ninety-two (192) feet, m
less, to a manhole; thence deflecting 11.5• the east from the last
t
line and extending a distance of two hundredeighty-six(286) feet. mo
r less, to a manhole; thence a eight inch sanitary a extending ine
northeasterly direction along a for a disc of twenty-
nine(29) fee[, more or less, to the northeasterly property line of the
Grantor, and a twelve inch east from
a commencing a said manhole and
deflecting 86'distance
to the southeast from ntheineteen
las(31) feet, more
line and extending
for a e; then of three nghundred
lon n hetsam (319) fee x les
manhole; Chen continuing along the a for a distance of two
hundred seventy-two (b2) fee [ml ea a point on the north-
westerly right-of-way line of Stillwater Avenue intersecting said
-3-
Stillwater Avenue right-of-way line at a point located fifty-seven (57)
feet, more or lesssouthwest from the northeasterly line of the Grantor's -
land, a measured along said northwesterly right-of-way line of Stillwater.
Avenue.
Land owned by Eremite 6 Valley known as Pleasant Park Manor located
at 300 Stillwater Avenue, described in Penobscot Registry of Deeds
in Volume 2280 Page 151
Beginning at a point located on the southwesterly line of said
property a distance of fifty (50) feet, m r les southeast from the
intersection of said property line with the Southeasterly right-of-way
line of Interstate Highway I-95: thence 1n a northeasterly direction at
an angle of 84° with the southeasterly extension of said property line,
and extending for a distance of one hundred seven (107) feet, more or less,
toemanhole; thence deflecting 65° in a northerly direction fromnorth-
easterly extension of the last described line, and extending for a distance
of fifteen (15) feet, more or less, to a manhole on the existing 36 inch
neadowbrook Sewer.
Land owed by John T. Karnes and Barbara R. Karnes located at
No. 56-58 Stillwater Avenue, described in Penobscot Registry of
Deeds in Volume 2703 Pae 268
Beginning at the intersection of the northerly property line of
the Grantors with the westerly right-of-way line of Grove Street: thence
deflecting approximately 104° in a westerly dire" ion from the northerly
extension of said Grove Street right-of-way line and extending a distance
of one hundred four (104) feet, more or Yeas, in aauthwesterly direction
to the paint of intersection with the southwesterly line of said Grantors
property, intersecting said line at a point located ninety-five (95) feet,
more r less, northwest from the Intersection of said southwesterly property
line with the northwesterly right-of-way line of Stillwater Avenue.
Land owed by Elvin B. Boulter and Evelyn Boulter located at the
corner of Curve and Harlow Streets, described in Penobscot Registry
Beginning at a paint on thenortheasterly right-of-way line of
Harlow Street, said point being one hundred forty-five (145) feet north -
est from the intersection of said northeasterly right-of-way line of Barlow
Street with the southwesterly rightof-way line of Curve Street: thence
inortheasterly direction as land of the Grantors for a distance
of one hundred fifteen (115) feet, more or less, to the southwesterly
right-of-way line of Curve Street, intersecting said Curve Street right-
of-way line at a paint located one hundred seventy (170) feet, more or
less, north from the intersection of said Curve Street right-of-way line
with the northeasterly right -of- way line of Harlow Street.
Said a r
easements a tu
o be laid out to a width of twenty (20) feet,
measuring ten (10) feet on either side of and at right angles to the
above described centerlines.
-4-
The recommended damages for
said
sewer easements
are as follows:
Owner a
Deed
Recommended
Location
Reference
Damages
Northern Kingdom Music Co.
349 Harlow Street
Vol.
3741,
Page
152
$6,000.00
David A. 6 Noreen P. Kent
76 Market Street
Vol.
3955,
Page
74
$175.00
John T. 6 Barbara R. Karnes
56-58 Stillwater Avenue
Vol.
2703,
Page
268
$1,300.00
Scenic Views, Inc. (Clover Court)
East of Essex Street
-0-
Hairy P. b Joy L. Stevens
396 Forest Avenue
Vol.
3609,
Page
180
$300.00
Merle G., Jr. d hills N. Demons
404 Forest Avenue
Vol.
4007,
Page
285
$250.00
James A. Taylor Trust
Stillwater Avenue
Vol.
1266,
Page
33
$925.00
Taylor Osteopathic Hospital
268 Stillwater Avenue
Vol.
1655,
Page
169
$6,800.00
Eiemlta d Valley (Pleasant Park Manor)
300 Stillwater Avenue
Vol.
2280,
Page
151
$250.00
Elvin E. 6 Evelyn Boulter
Cor. of Harlow St. S Curve St.
Vol.
1241,
Page
172
$1.500.00
Sidney 6 Helen Epstein. Trustees
of Stillwater Realty Trust
Stillwater Ave.. North Side,
Vol.
3127,
Page
20 6
between Pine A Essex
Vol.
3323,
Page
176
$5.200.00
-5-
The purpose of said easements is to permit the City of Bangor o
Its agents to a upon the above described properties as necessary to
install and maintain a new sanitary s within the easement
areas.
including clearing, grubbing, grading,Vloaming and seeding.The
of the proposed sewer
a
separate a much sanitary flow as possible
from the existing combined Meadowbrook Sewer system, o divert as
much of the storm ustar as possible from the interceptor sewer and
treatment system.
Mere met at the time and place of the meeting Mrs. Barbera R.
Karnes, the owner
of the property at 56-58 Stillwater Avenue. She
objected to the proposed location of the sewer
across her property,
since she felt that it would prevent any future expansion of the
existing building. After examining the location proposed, it was
determined that a alterationalignment the aligcould be made o keep
the sewer further
t the r of her property, and the modified location
is described above.Mrs. Karaas had no objection to the proposed modified
location or the damages recommended.
Since the sewer easements are needed immediately to permit the
completion of theeinstallation prior to December 31, 1989, as
required by the Maine Department of Environmental Protection Consent
Decree, it i ended that the easements be laid o and established
as noted above, that the recommended damages be paid.
Respectfully submittteed,,✓
JTP:jkp John TFrawley, ty engineer
SL