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HomeMy WebLinkAbout1989-08-28 89-353 ORDERuncncnon Date 8-78-89 Item No.89-353 Item/Subject: Authorizing City Engineer to Acquire Property of Maine Central Railroad Company -- Secondary Sewerage Treatment Facility Responsible Department: Legal Commentary: oe ' —` — " Manager's Comments: 7hs.7 . n fl LZ s�-t� 0.� Lu& -A Matl� du�l'w"vS r 0•� ff� 4>� �� p1 f U ct mnu�ye.�� Associated Information: Order Budget Approval: prost Legal Approval: Icit9or olkh" Innuced For Co NSfN'i NJ Passage 0 First Reading Page— of ❑Referral 09-353 Awigned to CmnNm Tilley, August 28, 1989 CITY OF BANGOR (TITLE.) (Orbtra Autho izing City Engineer to A quirroperty of .... ... ...... ... e Property _ .... 11 Maine Central Railroad Company on Lower Main Street, Bangor, For Secondary Sewerage Treatment Facility BY dm City Council Of City of Banmm- ORDERED, THAT wSoME.LS, the City of Bangor is presently egaged in expansion of the City's sewerage facilities, to include construction of a secondary wastewater treatment facility; and iBERFlS, said expansion and construction have been mranxiated by the Maine Department of Enviramental Protection and the U.B. Environmental Protection Agency; atd tdiERFAB, the City Engineer has determine] that the post convenient and practicable site for location of the City's secondary wastewater treatment facility includes property of the Maine Central Railroad Cougany, located on One easterly side of Main Street adjacent to the Penobscot River and the Ha pion town line; and WHEREAS, the City has completed acquisition of five private residences in the same area on the future site of the now facility; and HIEREAB, public exigency requires i,miediate acquisition of the rareinieg site properties, so as to permit construction of the new facility, Now, therefore,.pursuant to the authority, granted in Titles 30 M.R.S.A. 5 425i(6), 3o -A M.R.S.A. 9 3101 and 30-A M.R.S.A. 9 4202, by the City CQInCil of the City of B"Or, be it _ ORDERS) THAT the City Engineer, acting for and on behalf of the Municipal officers, according CO law, be aM hereby 1S directed to take and acquire the following described parcels of land, property of the Maine Central Railroad: Parcel W1 BEGINNING at the snotheasterly boundary of dx Mampden Road, otherwise known as Main Street, at a point two hundred nine (209) feet from the Hampden Tam line as measured along the southeasterlyboundary of said road, said point marking the northern corner of a lot linearly conveyed by Olive Crosby to Jae W. May, as descrined in a deed dated April 15, 1863 and recorded in the Penobscot County Registry of Leads 89-353 IN CITY COUNCIL 0 R D E R August 28, 1989 Passed Title, [�.c�(�(��"� gatporsring, City, Engineer, ro Acq}re CIS Property of Me1ne. Central Nellroad Company on Lover Mein Street, Bangor, For Secondary Set2ae —feed-licr.......... /� Asigned to Vcouncilmen in Book 32, Page 82; thence northeasterly, with the southeasterly boundary of said road, a distance of one aund ed five and six -tenths (105.6) feet, mare .... e Idea, to a point harking the westerly corner of a lot forcedly conveyed by Timothy Crosby to Hugh Cerin, as described in a deed dated June 17, 1865, and recorded in the Penobscot County Registry of Deeds in Book 348, Page 383; thence at right angles southeasterly, a distance of one hundred (100) feet, Mae or less, 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 lire parallel with the southeasterly lire of the Hampden Road, aforesaid; to a point; thence northwesterly, on a lire parallel with tie Hampdin Town line, one hundred (100) feet, more or less, to the place of BEGINNING. Parcel g2 BEGINNING at the southeasterly boundary of Hampden Road, otherwise known as Main Street, at a point four hundred thirty-three and six tenths (433.6) feet, Imre or less, Exam the Hampden Tcwn lire, as measures along the southeasterly boundary of amid mai; said point marking the northerly corner of a four -fent strip formerly conveyed by the Maine Central Railxxi Company to Irving H. and Julia S. Ayer, as described in a deed dated) March 26, 1957 and recorded in the Penobscot County Registry of Deeds in Boot 1571, Page 5; thence rcutheasterly with the southeasterly, boundary of the said Hampden Road a distance Of are hundred twelve and Sixty-six hundredths (112.66) feet, more or less, to a point; thence at right angles southeasterly a distance of Oho hundred (100) feet, more or less, to a point; thence at right angles southwesterly along a lire parallel with the Hampden most 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 hund[ed (100) fast, see or less, to the place of BEGINNING. Parcel p3 BEGINNING at the southeasterly loundary of Hampden Road, otherwise known as Main Street, at a steel red set in the growl approximately six hundred ninety - ore and eight -tenths (691.8) feet northeasterly, of the Hampden Town lire, as measured along the southeasterly, Nundary of said road; thence parallel to the Hmnpden Tam lire a distance of ore hundred forty-five and ninety-five hundredths feet to a steel fad set in the ground; thence S. 600 11' W. a distance of thirty-eight and thirty-two hundredths (36.32) feet to a steel rad set in the ground marking the northwesterly corner of land previously conveyed by the Maine Central Railroad to the Bangor Hydao- Electric Company, as described in a deed dated September 13, 1950 and recorded in toe PenoEscot County Registry of Deeds in Boar 1334, Page 482; thence S. 220 31' E a distance of ore hundred thirty- two and seventy-four hundredths (132.74) feet to a steel red set in the ground; thence continuing S. 220 31' E. a distance of thirty-nine 139) feet, mrs r less, to the renobscot River; thence scuthwesterly along the bank of said River a distance of five nundred seventy-five and are -half (575.5) feat, none or leas, to the Bampden lorn dire; finance northwesterly with the Hmo dan Tann line a distance of two bmdred forty (240) feet, more or less, to a point sixty-five (65) feet frre the southeasterly taudary of the Hampden Road where it is intersected by the tam line, said point marking the southerly corner of a lot formerly conveyed by Olive Crosby to John W. Ray, as described 1n a deed dated April 15, 1863 and recorded in one Penobscot County Registry of Deeds in Heck 342, Page 82; thence nortneasterly, With the southeasterly boundary of said lot, on a line parallel with the southeasterly lire of Una Hampden Road a distance of we hudxa9 twelve (112) feet, more or less, to a point on Ue westerly bwnlary of a lot fomerly conveyed by Olive Crosby to Join Spaulding, as described in a deed dated January 19, 1866 and recorded in the PentlrCOt County Registry of Deeds in Rook 408, Page 109; trance southeasterly with the westerly W dary of Una said Spaulding lot on a lire parallel with the Havpden Town lire a distance of thirty (30) feet, more or less, to a correnr not agaare; thence with the scuNeasterly boundary of the said lot northeasterly, Ha line parallel with the southeasterly line of the mpden Road a distance described in the aced from Olive Crosby to Jam Spaulding as one nuv]red (100) feet, not believed to ne ninety-seven (97) feet; thence southeasterly on a lire parallel with Una Haupden Two lire a distance of five (5) fast, more or less, to a point; thence northsasterly m a lire ane nurdred (100) feet distant from and parallel to the southeasterly line of the Hmpden Row9, a distance of three hundred twenty-nine (329) feet, mote Of less, to a point; thence norUwresterly on a line parallel to the Hampden Town line a distance of one hundred (100) fact, nure or less, to the south- easterly line of the Hampden Foal; Thence northeasterly along the souti'eastcrly line of said road a distance of one hundred forty-eight and five tenths (148.5) feet, more or less, to the place of EIEGS M. Together with all track, rail lines, pipelines, buildings, vehicles, personal and other Property now, existing on the described premises, subject to the right of the omaara thereof upon due notice to ramve the some; and together with all public ard private easennts, rights, licenses, and other interests of any kind whatsoever now existing in or to the described prises, to the full extent such taking may be permitted by law. the purpose of the taking described herein is to acquire a site for construction of the City's planned secondary wastewater treatment facility and related sewer system w{uovanents. and be it further oahsaID, THAT the City FSginesr proceed to give notice of soon taking according to law by pasting notices for seven (7) days in two (2) public places in the City of Bangor and in this, vicinity of the promises to be taken; and by mailing a copy Of this Order to the registered agent of tho Maine Central Railroad, Or to its corporate offices ani to all other parties knom to be affected by this Order; and tins City RWineer is further O ahu, 10 make a written return of all proceedings in this matter, containing the hounds and measurements of the premises taken, if different from those described above; ad reciting all damages allowed to the Maine Central Reiirhatl or any other person claiming title to or an interest in the described premises, all in accordance with the laws of the State of Maine.