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Home My WebLink About1989-08-14 89-348 ORDERDate August„14, 1989 Item No. 89-348 Accepting City Engineer's Report - Laying Out and Establishing Sanitary Sever Easement Across Maine Central Railroad Company Item/Subject: Property Located Approx. 200' East of the Intersection of Washington and Hancock Streets Responsible Department Engineering Commentary: The City Engineer's office has been attempting to negotiate for the acquisition of an easement from the Maine Central Railroad Company for well over a year, to permit the connection of the Hancock Street Sanitary Sewer to the Penobscot Interceptor Sewer, located approxi- mately 200 feet east of the Intersection of Hancock Street and Washington Street. While An agreement has been reached with regard to the location, method of installation, and all other conditions of the Installation, the Railroad proposes to grant only a license, rather than eneThe license would require an annual fee, and could be subject to r cation, whereas the easement is a permanent property interest, subject to a ane-time payment of damages. efvamem Xmd Ori Manager's Comments �nsd� (I - „� sr' �1� 0-E LD ter C to Mavgn Associated Information: Budget Approval: m -D,reIfol Legal Approval: Cornet rr#w ' `9 9Y ,f%#. CiwY—S,h,sJV -- Introduced-For Passage ❑ First Heading page _ of ❑Referral 89-340 Awigned to Coundar Tilley, August 14, 1989 CITY OF BANGOR (TITLE) (®rber, accepting city E Insurer Report _-_Laying Out and Establishing Sanitary Sever Easement Across Maine Central Railroad Company Property Located Approximately 200' East of the Intersection of Washington and Hancock Streets By the City ChusaU 0the OUR ofBaegar. ORDERED, TEAT, wERCES45, the City Council of the City of Banger in its capacity as Municipal Officers of the City of Barger hereby determines that the laying out, establishment And acquisition of a sanitary sewer easement across land owned by the Maine Central Railroad Company to permit the installation of a 10 inch sanitary sever extending from Hancock Street to the existing Penobscot Interceptor Sewer Is n n necessary far public convenience and health, as defined in 30 M.R.S.A., 9 4352,Cand to comply with aConsent Decree between the City of Banger and the Maine Department of Environmental Protection, and to comply with mandates of the Federal Environmental Protection Agency regarding the separation of sterni and sanitary sewerage facilities; NOW. THEREFORE, Be It ORDERED, THAT the attached report of the City Engineer relative to the laying out of asanitary se easementa ss Maine Central Railroad Company property located200 feet east of the intersection of Washington Street and Hancock Street be and hereby Is accepted; and be it further. ORDERED, THAT said sanitary Asset easement be laid out and established as described In said report. 89-348 0RUER Title, Accepting City Engineer's re[»rt ...................................... lay" Cut a Es iishirH ,u+itarY sans[ nes anent acaoss Maine Ca l ......... c........ a[n ......:.... telt' Rai m. p lca xoxvrmtely 00' wash ad m s In City muncil Auguat 14.1989 passed .. M!Y 1.`� 1. �_�nal Councilman Ci Y cler� ..... 89-348 CITY of BANGOR, TO the City Council: Pursuant an order of the City Ooun0ff,0rder._Noa._88-31L........ . passed ..."Kil_2$n_1488 and eat ablish an easemant for nee nanita y, cigardirecting the City Engineer W lay out..............ntral. R _...__......Comp ........ aexex across lath owed se the of Central jitreead. Company approximately 200 feet east from the in_texaection Street Waeh_the en_Sting ,enobscot.AF6_3Qeptor Sev �� ez[endlvg f[om 6ancack'6ttee[ [a the existing Penobscot Intexceptax Sever, sewer ... ------------------- _..,__._.._............._ _-- --------- ._........the City Engineer begs leave W report That of his intention to lay Out __A%U-1R..1nc4 sarriesry..aexer...easemant the City Engineer gave written notice by notices attached to copies of said order posted for seven days prior to the ._ 2 d d y_of_Ansi 1989 in two public platen in the City of Bangor and to the vicinity of said street, to wit: (me.posted enuetl b a. ac.cltr e u ...._....... .......................... ........: One_y. c d ,,, J!.ole_ap wNi9g_tp¢,.k.Yancccb._Stree.k.A¢araGctlon:-_. Obseposted.ON q&npost-Route 2 East onibineock_St t __,_, and also gave notice by causing the same W be published in the BANGOR DAILY NEws,newspaper printed in said city, for one week prior W t8t-_Apg_sp,7,,,_39.&4_. _......... copy of said order and nothes, so posted and published, is herein annexed andmade Part of this report .... ._.._.------ ....... And that the said City Engineer met at the time and place of meeting specified in the nations and proceeded W lay out __ id xer _ t Poll -1- f:MI Beginning at a point on an existing 12 inch sanitary sewer. said point being twenty-five (25) feet left of Ste. 38 + 87 of the Maine Central Railroad Company baseline as established by the Federal Valuation Survey dated June 30, 1916, and as shown on a Plan entitled "Right -of -Gay and Track Map, European 6 North American Ry., Operated by the Maine Central Railroad Company, Station 0 + 00 to Station 52 + 80" dated June 30, 1916 and on file in the Office of the Chief Engineer. Portland, Rain( thence in a generally northwesterly direction for a distance of approximately eighty (80) feet to the southeasterly right-of-way line of Hancock Street, intersecting said Hancock Street right-of-way line at a paint located e hundred five (105) feet, more r less, t0 the left, as measured radially from Sta. 38 + 93. Said easement Is laid Out to a width of twenty (20) Eget, measuring ten (10) feet to either Bide and at right angles to the above described line. The proposed sewer is to be 10 inch SIR 35 PVC pipe installed within a 16 inch mechanical joint ductile iron sleeve, with a 5 -foot diameter precast concrete manhole at the southeasterly end, with said sewer to used for the conveyance sanitary sewing from the existing sanitary sewer system on Hancock Streetet to the existing Penobscot Interceptor Sewer. ewe The location of said sewer in more fully show on a Plan prepared by the City of Bangor Engineering Department entitled "Hancock Street SMitary Sewer, HIM Track Crossing, NDP Project" revised September 13, 1988, Plan No. S -016A. on file in the Office of the City Engineer. Mere appeared at the time and place set for the meeting Erik Stumpfel, Assistant CIry Solicitor: James ling. Director of Operations and Maintenance: and John Frawley, City Engineer. No other person appeared at the hearing. Mr. Ring stated that he had met with Timothy Cobb and Robert Gillam, representatives of the Railroad, o various occasions between April and November of 1988 to develop an agreement v the location, matter and conditions of the sewer installation. He Indicated that Plan No S -716A as revised on September 13, 1988 represents the location and details of installation as requested by the Railroad representatives. The Railroad subsequently submitted a proposed Railroad Service Agreement which appeared to be acceptable with regard to the method of Installation, railroad inspection, Insurance, etc.: however, the agreement proposed the issuance of a license by theRailroad, with anaual payment by the City, rather than the granting Of a easement. The City Engineer recommence the establishment of an easement, with damages to be paid for the propty interests. taken. The City Engineer recommends payment for the acquisition of said uponeasement In the Amount of We Thousand Dollars ($2,000.00), based the higher of two appraisals obtained by the City. Since the s r installation is mandated by a Consent Decree between the City of Hanson and the Maine Department of Environmental Protection. and conforms to Federal EPA mandates for the separation of storm and sanitary sewerage facilities, and since public exigency requires the immediate instal- lation of said sewer, it is recommended that the easement be established as described above, Respectfully submitted, TTF:jkp John T. Frawley, City Edgineex -2-