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HomeMy WebLinkAbout1989-11-13 89-431 ORDERs,oU ul Date No 13 89 Item Na. 89y.31 Authorizing the Extinguishment of a Condemnation order to Acquire by Eminent Domain a Public Easement for a Portion Item/Subject: of the Meadowbrook Sanitary Sewer, Involving Property of Elvin E. Boulter and Evelyn Boulter on Harlow Street Responsible Department: Engineering Commentary: The purpose of this Council Order 1s to substitute a voluntary easement location for a previous location acquired by eminent domain by the City, for a portion of the Meadowbrook Sewer crossing land awned by Elvin E. Boulter and Evelyn Boulter at the c of Harlow Street and Curve Street. Subsequent to the acquisition of the easement by the City, the Boulcers asked if the easement location could be mo ed alightly, In exchange for which they would give us an easement for the new location. Depvrtm~INed Manager's Comments: oupc �VeaN1 r.. t,...tOu'nfN�A._ ,u.g.,� Q . Ciry Mewgn Associated Information: Budget Approval: 814 — legal Approval: o soldm Introduced For C L NSFN r ®Passage ❑ First Reading Page_ Of ❑Referral 89-431 Aeeiq,ed fo CoweHor Seal, November 13, 1989 CITY OF BANGOR (TITLE) (1Drbfrf Authorizing, the Extinguishment og_a_Condemnation Order to _ Acquire ea Eminent SDomainmelts a Public Easement for a Portion of the E. Boulter Sanitary Sauey Involving Property of Elvin E. Boulter and Evelyn Boulter on Harlow Street BY the (HER Coronad of the G\q ofBmnpar: ORDERED, THAT, WHEREAS, the City Council, by Council Order No. 89-249 passed n June 12, 1989, accepted the City Engineer's Report on the laying out and establishment of Easements for the construction of the Meadowbrook Sanitary Sewer, extending from gendugkeag Stream to Stillwater Avenue in the vicinity of Interstate Highway 1-95; and WIENERS, the City Council by Council Order No. 89-248 approved Condemnation Order to acquire by eminent domain the public easements as established by the City Engineer for said Meadovbrook Sewer and WHEREAS, said Condemnation Order included the establishment of an r easement a owned s property oed by Elvin E. Boulter and Evelyn Boulter located at the intersection of Carlow Street and Curve Street. said Condemnation Order having been recorded in the Penobscot Registry of Deeds in volume 4492, Page .147; and WHEREAS, subsequent negotiation with the Boulters have resulted in the execution of an Easement Agreementa a said property in a location which is different than as described in said City Engineer's Report and said Condemnation Order, said Easement Agreement to be recorded in the Penobscot Registry of Deeds: NOW, THEREFORE, Be It ORDERED, THAT the easement location on the Boulter property as established by City Council Order No. 89-249, and the Condemnation Order to acquire the easement across the Boulter property by eminent domain pursuant Co City Council Order No. 89-248 be and hereby are extinguished; and be it further CHEERIO. THAT the City Manager be and hereby Is authorized to enter into a Corrective Easement Agreement with said Boulters on a form satis- factory to the City Solicitor, IN CITY COUNCIL November 13, 1989 Passed 4.� 12!e( A....� CITY 89-431 ORDEA Title, authorizing the Extinguishment of a ................................... Condemnation Order to Acquire by Eminent Domain a .Public. Easecee0.fei. a. Pe[Ciov. af.Che Meadowbrook Sanitary Se�pnvolvin Prgp¢rt 0�8 v n R. r and Evelyn Houlter an Harlow Street. AmOped to ... f V / Councilm,an i V