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Home My WebLink About1983-09-12 83-315 ORDERCITY OF BANGOR (Tlnt) �rDBr,-._Agoapting Citg bbgL ear e..Heport -Laying Out ane Establishing of Drainage Easements Borth oP Woodlawm subdivision By the MW CMnoU of the City of Bar . ORDERED. THAT, WHEREAS, the City Councilof -the City of Bangor in its caappacity as Municipal Officers of the City of Bangor hereby determines that the laying out, establishment and acquisition of certain easements are necessary for publie convenience and highway purposes, as defined in 23 M.R.S.A. Sec. 3251, and the proper care of said highways or roads within the City of Bangor, to wit: Saratoga Avenue and Glencove Avenue, NOW, TfDSiII+ORE,. Be It CBDERED, THAT the attached report of the City Engineer laying out drainage easements along the north aide of the Woodlawn Subdivision on land owned by Sylvania and by Bangor Convalescent Center be and hereby is aeeeptedi and be it further ORDERED, THAT said drainage easements be laid out and -- established as noted in said report. 83-315 Introduced by Councilor Soucy, September 12, 1983 CITY OF BANGOR (Tlnt) �rDBr,-._Agoapting Citg bbgL ear e..Heport -Laying Out ane Establishing of Drainage Easements Borth oP Woodlawm subdivision By the MW CMnoU of the City of Bar . ORDERED. THAT, WHEREAS, the City Councilof -the City of Bangor in its caappacity as Municipal Officers of the City of Bangor hereby determines that the laying out, establishment and acquisition of certain easements are necessary for publie convenience and highway purposes, as defined in 23 M.R.S.A. Sec. 3251, and the proper care of said highways or roads within the City of Bangor, to wit: Saratoga Avenue and Glencove Avenue, NOW, TfDSiII+ORE,. Be It CBDERED, THAT the attached report of the City Engineer laying out drainage easements along the north aide of the Woodlawn Subdivision on land owned by Sylvania and by Bangor Convalescent Center be and hereby is aeeeptedi and be it further ORDERED, THAT said drainage easements be laid out and -- established as noted in said report. In City ConmII September 12,198j 83_31$ Paeeed 1 0 R 6 E R ' Title;* Ae pting,6it�MMi ee 'a Report ..........:........:......:........ :laying'aut and eetabliehing of Drainage .........�......... ......... .. Eeeemente North of WopolawSubdivision �. l VIntroduceo and f 1 a by lei ,v I 4 CITY of BANGOR, To the Cit- Caused pursuant m An order of the City Counel,order... $3-243 - ..... passed _.. uaudt22a. 1953 directing the City Engineer m lay out. cad estsbIlish Sgaemeata. fo2_ayxspoeed_ StprA "tet. draiaage_ditrda-= Privateproperty. loeated_nortla.ancL.. Mount Hope ®venue, Sol of_tbe.. Woodlawn-.Sub$ivision..oa-./.... the City Engineer here Inve to report: That of his intention m lay out Said storm. water. drainage. easements...__.. _.. the City Engineer gave written notice by notices attached to copies of said order pasted for seven i days prior m the ...7tb day. of. September, 1983, ... in We 1a Age places in the City of Bangor and in the vicinity of said street, to wit: one em the Hulletin Saeed at City Hall;._ One om apple_= Saratoga_Aveaive at the,_west and of, the projaot;,,,_ Oce rm a pole_on Saratoga_6yeaue et the east ead,of„ thepxvdeptl__ and also gave notice by causing the same to be published in the Bswesa Di Nawa, nswsimMr printed in said city, for one week prior m IONIC .__Sspt._7,--19831, copy of said order and notices, so posted and published, is harem annexed and.made part of this report And that the mid City Engi:eer met at the time and place of meeting spceaed in the poticq and proceeded to lay out Said drainage easements as follora,c .1. Land owned b9 bylvanis Electronic Products, lac., described in Penobscot o sco He of Dead,. Vol. Pe Beginning at a point on the westerly property line of said Sylvania land said point being 40 feet north from the southerly line of said hand, as measured at right angles from said southerly property line; thence in an easterly direction along a line parallel to and 40 feet north from said southerly pgoperty line for a distance of 990 feet; thence deflecting 45 to the right of the last described line and proceeding in a southeasterly direction for a distance of 56 feet, more or less, to the southerly property line of Sylvania, being the northerly property line of land owned by Bangor Convalescent Center Realty Trust. Land owned by Bangor Convalescent Center Realty Trust, described in Penobscot Registry of Deeds, Vol. 3365, Pace 1051 Be inning at a point on the northerly line of said land of Bangor Convalescent Center Realty Trust, located 40 feet, more or less, east from the northwesterly comer 8f said land; thence in a southeasterly direction at an angle of 45 with said northerly line for a distance of 400 feet, more or lees, to an existing drainage Swale; thence continuing in a generally southeasterly direction and following said Swale for distance of 300 Peet, more or lase to the easterly property line of the Bangor Convales- cent Center Aealty Trust at a point located 550 feat, more or leas, south from the northeasterly corner of said land, as measured along said easterly property line. Said easement is to be laid out to a width of 20 feet, measuring 10 feet on either side of, and at right angles to, the above-described line. The purpose of said easement is to permit the City of Bangor or its agents to enter upon the above-described properties as necessary to construct and maintain an open drainage ditch within said easement area, including clearing, grubbing, grading, loaming and seeding of the ditch area for the purpose of intercepting surface water and diverting its flow in an easterly direction to an existing drainage course. There met at the time and place of meeting, Penelope H. Sargent, Administrator, Bangor Convalescent Center, 516 Mount Hope Avenue; Georga F. Terry, 1V., Esquire, Attorney from the firm of Rudman & Winchell, representing Sylvania Barbara Booms, a resident of 114 Saratoga Avenue; Joame Kimball, a resident of 124 Saratoga Avenue; and Donna Taber Zebring, a resident of 90 Saratoga Avenue. -2- is excessive flooding, and the surface water which the north, by carrying i on the property of Bango continues in a defined w Femjajawoe Stream. The . in accordance with 23 K. - read to those present, was decided to acquire t'. Interests of time, since from the individual prop results, and the coastru and it is considered imps fall to prevent serious Sined the purpose of the hearing, which establish the above described drainage f carrying water away from Saratoga Which have previously experienced is proposed to intercept end divert we into the Woodlawn Subdivision from o an existing drainage ditch located onvaleseent Center, from where it rcovrse to Hogan Road, and then to dneer stated that the laying out was .A. Sec. 3251, which he proceeded to also advised those present that it easement by eminent domain in the evioue efforts to obtain permission y owners had not produced any positive on season is fast drawing to a close tive that the work be completed this width and aide slopes, and the fact that the ditch would be feet deep at its deepest point, located to the rear of Lot 121 of the Woodlawa Subdivision. The City Engineer advised e present that the purpose of acquiring easements was not to permit the City to construct the drainage ditch, but also ermit us to maintain it in the future, to insure that it tinned properly by carrying the water away from the properties uestion. Those present were also advised that access to the b construction area would be by way of the roadway to the Cal laboratory from Sylvan Road, and that we would not be sing any of the Woodlaem Subdivision property or the front arty of the Bangor Convalescent Center. The recommended damages for the easements were stated to be Cne Dollar ($1.00) to both Sylvania and to the Bangor Convales- cent Center, the thinking being that the area where the ditch is proposed to be constructed is very irregular and swampy, and the ditch would serve as a benefit to help better drain those areas. The question was raised as to whether the ditch would prevent Bangor Convalescent Center to expand the development of its property, and the City Engineer advised that the ditch could be relocated at that time to a point nearer the northerly boundary line of the property. Under present conditions$ a watercourse presently exists on that property$ and any present development would require the relocatian of the ditch solely at the expense of Bangor Convales- cent Center; however, since this project would be increasing the flow of water across the subject property, and is being laid out as a public easement, the City Engineer stated that he would recommend that any cost for the future relocation of the drainage ditch would be split between the City and the owners of the Bangor Convalescent Center property. Similar arrangements have been under- taken in the past when existing City sewers have been in the way of potential development. -3- Mr. Terry indicated that Sylvania objected to the recommended damages of $1.00, due to the fact that there would be a strip of unusable land between the ditch and the northerly line of the Wocdlawn Subdivision. The City Engineer indicated that their objections would be noted in the report, and that we would be willing to arrange a future meeting to discuss the damages. It was pointed out that we also considered benefits in determining the total impact of the project, and felt that Sylvania would be required to construct such a ditch if and when their property further develops, so that, in effect, the City is doing what Sylvania night be required to do on their own in the future. quentioaed what could be done with the land between the proposed ditch and the Woodlawn property, since it is presently very low and wet. lira. Bourne also asked if we planned to ]mock the trees dorm by machine; the Cityear indicated that the right-of�way would be cleared by , and the stump removal and grading would be than undertaken with a bulldozer, so as not to disturb the surrounding area. Mr. Terry also asked if Sylvania was notified that the location of the ditch had been changed from directly adjacent to the southerly p arty line to a point forty feet from the property line. The City Engineer advised him that Bill Sanborn of Sylvania had been notified both orally and in writing of the proposed new ditch location. Mrs. Sargent expressed concern that the water would merely be dumped an their property, and it would not be properly handled; She indicated that they already bad -a water problem in the cellar of the nursing home. She was advised that the ditch would be graded to carry the water across their property, and that it would probably result in some improvement to the water condition that they have at the present time. Mrs. Sargent indicated that she would have to check with the owners of the property to see if they had any objection to the recommended damages, and the City Engineer indicated that this would be noted in the report. Those present were informed that the City Engineer would be submitting a written report to the City Council on the meeting of Monday, September 12th, for the purpose of laving out and estab- lishing the easements, and that there would also be an Order of Condemnation on the same Council Agenda which would establish the easements once the damages had been paid. It is recommended that the drainage easements be established as described above, and ppending a meeting with representatives of Sylvania and the Bangor Convalescent Coater regarding damages that damages in the amount of $1.00 be recommended for each property owner. Respectfully submitted, �� John T. Frawley,v CYty Engineer -4-