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HomeMy WebLinkAbout1982-04-12 82-121 ORDER82-121 Introduced by Councilor Zendzian, April 12, 1982 CITY OF BANGOR (TITLE.) :MrbU Order of Condemnation to Acquire by Eminent Domain Easements for Penobscot Interceptor Sewer Extension to Hampden Town Line By the City CouwJ of t4 City ofBaupw. THAT, WHEREAS, the extension of the Penobscot Interceptor Sewer from the Pollution Abatement Facility to the Hampden Town Line is necessary to eliminate the direct discharge of sewage into the Penobscot River from an existing City sewer located near the Town Line and to provide for future use of said Pollution Abatement Facility by the Town of Hampden pursuant to a previous Agreement approved by City Council Order No. 289 AN passed Sep- tember 22, 1980, and WHEREAS, the Bangor City Council, in its capacity of the Municipal 0fficers of the City of Bangor, hereby determines that public exigency requires the immediate taking of such property as may be necessary to permit the installation and future main- tenance of said Interceptor Sewer within the limits of the City of Bangor, and WHEREAS, the City Council has laid out and established easements for said Interceptor Sewer pursuant to 23M.R.S.A., Section 3022, NOW, THEREFORE, Be It ORDERED, By the City Council of the City of Bangor that said sewer easements shall be acquired by eminent domain pursuant to 30 M.R.S.A., Section 4251, said easements to be twenty feet wide, to permit the City or its agents to enter onto the following properties as necessary to excavate for, install, replace, main- tain end to use said underground Interceptor Sewer and appurtenant structures thereto, together with the right of ingress thereto and agrees therefrom, the centerline of said easements to be located as follows: Land of Maine Central Railroad Company, Penobscot Registry of Deeds, Vol. 1509, Page 128, and Canal National Bank, Successor Trustee under Maine Central Railroad Company Indenture of Trust and General Mortgage dated as of December 1, 1935- -I- 'irst Easement: A 24 inch diameter sanitary sewer, the 'line of which is located as follows: Beginning at a on the southwesterly line of land owned by the City of ., being the site of the Pollution Abatement Facility, thence in a southwesterly direction for a distance of 255 feet to a manhole, said manhole being 20 feet northwesterly from the centerline of said spur track; th&nee continuing in a south- westerly direction, deflecting 03 13' 21" West from an extension of the last described line for a distance of 20 feet to a point, being on the easterly line of land now or formerly owned by Irving H. and .Julia S. Ayer, as described in Deeds recorded in Penobscot Registry of Daedn, Vol. 1237, Page 91 and Vol. 1571, Page 4. Second Easement: A 24 inch diameter sanitary sewer, the center neZ3�i'To wi ais located as follows: Beginning at a point on the southwesterly property line of land now or formerly owned by Patricia A. Howard as described in a Deed recorded in Penobscot Registry of Deeds, Vol. 2701, Page 178, said point being 23 feet, more or less, northwest from the centerline of the most northwesterly spur track of the Maine Central Railroad; thence in a southwesterly direction for a distance of 90 feet, more or less, to the northeasterly line of land now or formerly owned by Elwyn and Donne Higgins', as described in a Dead recorded in Penobscot .Registry of Deeds, Vol. 3076, Page 272, said point being 25 feet, more or less, northwest from the centerline of said spur track. Third Easement: A 24 inch diameter sanitary sewer, the centerline wis located as follows: Beginning at a Eclat on the southwesterly line of land now or formerly owned by Eclat and Dome Higgins, as described in a Deed recorded in Penobscot Registry of Deeds, Vol. 3076, Page 272, said point being 26 feet, more or less, northwest from the most northwesterly spur track of the Maine Central Railroad; thence in a southwesterly direction for a distance of 115 feet, more or less, along a line approxi- mately parallel to said spur track to a manhole located on the Bangor -Hampden Town Line. Also, 25 Test of,15-ianh ganitary sewer line extending in a northwesterly direction at right angles to the last described line from said manhole to the southeasterly line of land now or formerly owned by Allen A. Quimby, as described in a Deed recorded in Penobscot Registry of Deeds, Vol. 2672, Page 2149 and 23 -feet -of 4 inch sewer extending in a northwest- erly direction from said 24 inch sewer to the southeasterly line of said Quimby land along a line approximately parallel to, and 35 feet northeast from, the above described 15 inch sewer. Total Recommended Damages: $2,075.00 -2- Land awned by Irving H. and Julia S. Ayer, as described in Deeds recorded in Penobscot Registry of Deeds in Vol. 1237, Page 91 and Vol. 1571, Page 4. A 24 inch diameter sanitary sewer line, the centerline of which is located as follows: Beginning at a point on the north- easterly line of said Ayer property, 3.5 feet, more or less, northwest from the southeasterly corner of said property; thence in a southwesterly direction for a distance of 32 feet, more or less, to the southwesterly line of said Ayer property at a point located 4 feet, more or less, northwest from the southeasterly line of said property. Total Recommended Damages: $200.00 Land owned by Louis P. and Laurette E. Paradis, as described in Penobscot Registry of Deeds in Vol. 2774, Page 27, A 24 inch diameter sanitary sewer line, the centerline of which is located as follows: Beginning at a point on the north- easterly line of said property, said point being 4 feet, more or less, northwest from the southeasterly line of said property; thence in a southwesterly direction for a distance of 40 feet, more or less, to the southwesterly line of said Paradis property at a point located 4.5 feet, more or less, northwesterly from the southeasterly line of said property. Total Recommended Damages: $200.00 Land owned by Patricia A. Howard, as described in Penobscot Registry of Deeds in Vol. 2701, Page 178. - A 24 inch diameter sanitary sewer line, the centerline of wbich is located as follows: Beginning at a point on the north- easterly line of said property, said point being 4.5 feet, more or less, northwest from the southeasterly line of said property; thence in a southwesterly direction for a distance of 40 feet, more or less, to the southwesterly line of said property at a point located 5 feet, more or less, northwest from the south- easterly line of said property. Total Recommended Damages: $200.00 Land owned by Elwyn and Donna Higgins, as described in Penobscot Registry of Deeds in Vol. 3076, Page 272. A 24 inch diameter sanitary sewer line, the centerline of which is located as follows: Beginning at a point on the north- easterly line of said property, said point being 1 foot, more or lass, northwest from the southeasterly line of said property; -3- thence in a southwesterly direction for a distance of 100 feet, more or less, to the southwesterly line of said property at a point located 4 feet, more or leas, north from the southeasterly line of said property. Total Recommended Damages: 8375.00 And is It Further ORDERED, TEAT the City Engineer, acting for and on behalf of the Municipal Officers, is hereby authorized and directed to serve upon the above owners of record a copy of this Order and payment in the amount of the damages recommended above, as determined by the City Council to be just compensation for the property interest taken, all in accordance with 23 M.R.S.A., Section 3021, at seq. -4- In City Council April 12,1982 Passed .87 ANA-8 H"7 ar7 Order. &Condemnation to Acquire CIi L -- City C c ...— .......................... CITY CUlh by eminent Domain Easesments For - Pe obecgon�to Interceptor Sewer Extension - troT de� Ld Oiled by .. 1