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HomeMy WebLinkAbout1980-11-12 81-9 ORDER81_9 Intiuduced by Councilor 6atdacci, November 12, 19W CITY OF BANGOR (TITLE.) Report.. Aa uiaitiou�of 6ewex Eeaemeata Penobscot Eaet Interceptor Sewer By to aty Cwnu4i oftU Ctty of Baa .- ORDERRD, THAT the attached report of the City Engineer relative to the laying out and establishment of easements on land owned by the Maine Central Railroad Company along the shoreline of the Penobscot River, commencing at the terminus of the existing Interceptor Sewer approximately 280 feet west of Boyd Street, and extending easterly for a total distance of approximately 10,400 feet, be and hereby is accepted, and be it further OEDEEED, THAT said sewer easements be established, as described in said report, subsequent to the receipt of an Easement Agreement from the Maine Central Railroad Company, and be it further ORDERED, THAT no damages be paid for said easements to any person or pe'r'sons other than the Maine Central Railroad Company. STATEMENT OF FACT: The City has been negotiating with the Maine Central Railroad Company for An Easement Agreement to construct the sewer across their land. The purpose of this Order is to acquire easement rights from any other party who might claim title or other interest to any portion of the Railroad right-of-way to the extent that it would affect the sewer location. The acceptance of an Easement Agreement from the Maine Central Railroad Company will be the subject of a subsequent Council Order. In City Council November Passed 0R6 -ER �I Title,. ^'F incepting city Engineer�� Report �1................. :........ ............. b - Acquisition of: Sevum Basements Perobsoct East Interceptor Sewer '�^^du ed d Hled by Vim... 11IIVVVVIIII Councilmen 1 1 CITY of BANGOR, To the City Couneil: Pursuant to an order of We City Council, Orden..$ 261 A8, picau Augnst 11a 19808 directing the City Enginner to lay out, sed...aequire-eeeemeota.-to-paamit-tLe........ installation and future maintenence of the Penobscot East Inter - captor Sooner east of Eenduskeag Stream_ along lend _oemed D7 the__._ _ Maine Central-8ellroad Codyenya ... __ - - 11 1 ..------ ...._... .........-We City Engluser base leave to report: That of his Intention to lay out said Anwar. easements __........... ......... We City Engineer gave written notice by notices attached to copies of said order pasted for seven days prior to the Bird day_ ot-Oatobex,....1980,...... ..__. _._._.... in two public places in We City of Bangor and in the vicinity of enld street, W wit: ...._Oat as the Bulletin 8oaxd_ at Citg Hall;,.._... One on Pole. #115 just, bay_ond Matereorks - .......0ftn eFlPole. at intareactloR of Washington & Haneoek 84xae9eq._._,__ end also gave notice by causing the same to be published In ted nations DAnY Plmws, newspaper 1980, printed in said city, for owe week Octobers prior to the_. 23rd..dag_of. cady of said order and mucea, an posted and puhhahed, is hereto annexed and made part of this rnport._. ................ And that the said City Engineer mM at the time and place of meeting sperdaed in the notice and proceeded to lay out.. said .. nuclear _eaaenentns_.an-fallwa.:........ .._..._........ _ __ -1- 7 CITY of BANGOR, To the City Couneil: Pursuant to an order of We City Council, Orden..$ 261 A8, picau Augnst 11a 19808 directing the City Enginner to lay out, sed...aequire-eeeemeota.-to-paamit-tLe........ installation and future maintenence of the Penobscot East Inter - captor Sooner east of Eenduskeag Stream_ along lend _oemed D7 the__._ _ Maine Central-8ellroad Codyenya ... __ - - 11 1 ..------ ...._... .........-We City Engluser base leave to report: That of his Intention to lay out said Anwar. easements __........... ......... We City Engineer gave written notice by notices attached to copies of said order pasted for seven days prior to the Bird day_ ot-Oatobex,....1980,...... ..__. _._._.... in two public places in We City of Bangor and in the vicinity of enld street, W wit: ...._Oat as the Bulletin 8oaxd_ at Citg Hall;,.._... One on Pole. #115 just, bay_ond Matereorks - .......0ftn eFlPole. at intareactloR of Washington & Haneoek 84xae9eq._._,__ end also gave notice by causing the same to be published In ted nations DAnY Plmws, newspaper 1980, printed in said city, for owe week Octobers prior to the_. 23rd..dag_of. cady of said order and mucea, an posted and puhhahed, is hereto annexed and made part of this rnport._. ................ And that the said City Engineer mM at the time and place of meeting sperdaed in the notice and proceeded to lay out.. said .. nuclear _eaaenentns_.an-fallwa.:........ .._..._........ _ __ -1- WrITW_ VImWy4 A thirty (30) inch diameter gravity sanitary sewer, beginning in an existing manhole of the Grantee situated twenty (20) feet, more or less, northwesterly of the base line of location of the Grantor as established by the Federal Valuation Survey at approxi- mate Station 38 + 78; thence northeasterly ninety five (95) feet, more or lees, to a manhole located twenty-six (26) feet, more or less, northwesterly of the said base line at approximate Station 39 + 62; thence easterly one hundred thirty (130) feet, more or less, to a manhole located ten (10) feet, more or less, north- westerly of the said base line at approximate Station 40 + 90; thence easterly one handred forty (140) feet, more or leas, to a manhole located two (2) feet, more or less, northwesterly of the said base line atroximate Station 42 + 28; thence south- easterly eighty-five (8feet, more or lees, to a manhole located eighty 80) feet, more or leas, southeasterly of the said base line at approximate Station 42 + 43; thence northeasterly three hundred forty (340) feet, more or leas, to a manhole located eighty-two (82) feet, more or less, southeasterly of the said base line at approximate Station 45 + 84; thence northeasterly one hundred (100) feet, more or less, to a manhole located sixty (60) feet, more or less, southeasterly of the said base line at approximate Station 46 + 80; thence northeasterly one hundred twenty (120) feet, more or less, to a manhole located fifty-eight (58) feet, more or less, + southeasterly of the said base line at approximate Station 48 02; thence easterly one hundred (100) feet, more or less, to a manhole located eighty (80) feet, more Station 4S + 98; thence northeasterly three hundred a 1366) feet, more or less, to a manhole located thirty-five (35 feet, more or less, southeasterly of the said base line at approximate Station 52 + 34; thence northeasterly four hundred (400) feet, more or less, to a manhole located thirty (30) feet, more or less southeasterly of the said base line at approximate Station 56 + 2 thence northeasterly three hundred (300) Peet, more or leas, to a manhole located thirty (30) feet. more or less. southeasterly of UWWW"Oj iw +a u, nage W, "I'S ev c iWvalvu u 1J -V"' (31) feet, more or lees, northwesterly of the said base line at approximate Station 59 + 60; thence northeasterly two hundred tai (210) feet, more or leas, to a manhole located forty-two (42) feet, more or less, northwesterly of the said base line at approximate Station 61 + 67; thence northeasterly three hundred (300) feet, more or leas, to a manhole located sixty (60) feet, more or less, northwesterly of the said base line at approximate Station 64 + 63; thence northeasterly two hundred seventeen (217 feet, more or less, to a point where it leaves the land of the Grantor at a point thirty-five (35) feetmors or lase north- westerly of the said base line at approximate Station 96 + W. MOM FA A thirty (30) inch diameter gravity sanitary sewer entering the northerly sideline of the right-of-way of the Grantor at a point twenty-five (25) feet northwesterly of the said base line -2- Station 69 + 48; thence southeasterly one hundred more or less, to a manhole located sixty-two or less, southeasterly of the said base line at ttion 70 + 07; thence northeasterly two hundred 'set, more or lees, to a manhole located forty- , more or less, southeasterly of the said base .mate Station 72 + 78; thence northeasterly two lest, more or less, to a manhole located fifty or lesssoutheasterly of the said base line Station 34 + 76; thence northeasterly one hundred feet, mora or less, to a point where 1t leaves Grantor at a point thirty -nice (39) feet, more easterly of the said base line at approximate O"47FIZZMNH 7 A thirty (30) inch diameter gravity sanitary sewer line entering the southerly sideline of the right-of-way of the Grantor at a point thirty-three (33) feet southeasterly of the said base line at approximate Station 76 + 68; thence north- easterly fifty-five (55) feet, more or leas, to a manhole located thirty-two (32) feet, more or less, southeasterly of the said base line at approximate Station 77 + 24; thence northeasterly two hundred forty-five (245) feet, more or less, to a manhole located thirty-three (33) feet, more or less, southeasterly of the said base line at approximate Station 79 + 67. � r7iTLu?ia7R�af,u, A twenty-four (24) inch diameter gravity sanitary sewer line beginning in a manhole located thirty-three (33) feet, more or less, southeasterly of the said base line at approxi- mate Station 79 + 671 thence northeasterly one hundred ninety g90) feet, more or leas, to a manhole located twenty-eight 8) feet, more or less southeasterly of the said base line atapproximate Station Al + 54• thence northeasterly two hundred ten (210) feet, more or less, to a manhole located twenty-eight (28) feet, more or less, southeasterly of the said base line at approximate Station 83 + 62; thence northeasterly two hundred ninety (290) feet, more or less, to a manhole located thirty- four (44) feet. more or less. southeasterly of the said base UJ \'w q northwesterly of the said base line at approximate Station 86 + 54; thence northeasterly three hundred thirty (330) feet, more or less, to a manhole located forty-nine (49) feet, more or less, northwesterly of the said base line at approximate Station 89 + 80; thence northeasterly three hundred (300) feet, more or leas, to a manhole located forty-two (42) feet, more or lase, northwesterly of the said base line at approxim Station 92 + 76. -3- MTH EASEMENT A twenty (20) inch diameter gravity sanitary sewer line beginning in a manhole located forty-two (42) feet, more or less, northwesterly of the said base line at approximate Station 92 + 76; thence northeasterly three hundred (300) feet, more or lees, to a manhole located thirty (30) feet, more or lees, northwesterly of the said base line at approxi- mate Station 95 + 69; thence northeasterly one hundred fifty- five (155) feet, more or less, to a point where it leaves the land of the Granter at a point twenty-two (22) feet, more or lees, northwesterly of the said base line at approximate Station 97 + 24. SIXTH EASEMENT A twenty (20) inch diameter gravity sanitary sewer line entering the northerly sideline of the right-of-way of the Grantor at a point twelve (12) feet, more or lees, northwesterly of the said base line at approximate Station 103 + 76; thence southeasterly thirty-three (33) feet, more or leas, to a point where it leaves the land of the Grantor at a point twenty (20) feet, more or leas, southeasterly of the said base line at approximate Station 103 + 92. SEVENTH EASEMENT A twenty (20) inch diameter gravity sanitary sewer line entering the southerly sideline of the rigbt-of-way of the Grantor at a point twenty -Sour and three-quarters (24.75) feet southeasterly of the said base line at approximate Station 108 + 09; thence northeasterly one hundred eighty (180) feet, more or lees, to a manhole located twenty (20) Ieet, more or lees, southeasterly of the said base line at approximate Station 109 + 86; thence northwesterly forty (40) feet more or lees, to a point where it leaves the land of the Kantor at a point twenty-two (22) feet, more or less, northwesterly of the said base line at approximate Station 109 + 94. EIGHTH meacxxsam A twenty (20) inch diameter gravity sanitary sewer line entering the northerly sideline of the right-of-way of the Grantor at a point twenty-six (26) feet, more or less, north- westerly of the said base line at approximate Station 122 + 02; thence northeasterly one hundred ninety (190) feet, more or less, to a point where it leaves the land of the Grantor at a point twenty-four (24) feet northwesterly of the said base line at approximate Station 123 + 92. NINTH EASEMENT An existing twelve (12) inch diameter gravity sanitary sewer line entering the northerly sideline of the right-of-way of the Grantor at a point forty-nine and one-half (4 5) feet -4- northwesterly of the said base line at approximate Station 59 + 78; thence southeasterly six (6) feet, more or lees, to a point located forty-tbree and one-half (43.5) feet, more or less, northwesterly of the said base line at approximate Station 59 + 78. TENTH EASMEHT A twelve (12) inch diameter gravity sanitary sewer line beginning at a point located forty-three and one-half (43.5) feet, more or less, northwesterly of the said base line at approximate Station 59 + 78; thence southwesterly twenty (20) feet, more or lees, to a manhole located thirty-one (31) feet, more or less, northwesterly of the said base line at approximate Station 59 + 60. ELEVENTH EASEMENT A forty-two (42) inch diameter, half -pipe, gravity storm drain entering the northerly sideline of the right-of-way of the Grantor at a point located twenty-five (25) feet north- westerly of the said base line at approximate Station 67 + 76; thence nine (9) feet, more or less, to the inlet of a atone box culvert located sixteen (16) feet, more or lees, north- westerly of the said base line at approximate Station 67 + 76. TWELFTH EASEMENT A sixty (60) inch diameter gravity storm sewerentering the nortberl7 sideline of the right-of-way of the Grantor at a point located forty-nine and one-half (49.5) feet north- westerly of the said base line at approximate Station 92 + 12; thence southeasterly eighty-six (86) feet, more or leas, to a point located thirty-six (36) feet, more or less, south- easterly of the said base line at approximate Station 91 + 94. THIRTEENTH EASEMENT An eighteen (18) inch diameter gravity sanitary sewer catering the northerly sideline of the right-of-way of the Grantor at a point located forty-nina and one-half (49.5) feet northwesterly oY the said base line at approximate Station 92 + 77; thence eight (8) feet, more or less, south- easterly to a manhole located forty-two (42) feet, more or lase, northwesterly of the said base line at approximate Station 92 + 76. FOURTEENTH EASEMENT The right and privilege to place and maintain granular fill material on and along the right-of-way of the Grantor in the areas described as follows: _5_ Bounded on the north by a line parallel with and fifty- eight (58) feet southerly of the said base line; bounded on the south by the southerly property line of the Grantor; bounded on the west by a line measured normal to the said base line at approximate Station 46 + 63; bounded on the east by a line measured normal to the said base line at approximate Station 47 + 89. Containing 2,820 square feet, more or less. The elope of said fill material shall be placed, graded and maintained to drain away from the tracks of the Grantor at such angle as will hold the material in repose against ordinary erosion. AM 2. Bounded on the north by a line parallel with and fifteen (15) feet southerly of the said base line; bounded on the south by the southerly property line of the Grantor; bounded on the west by a line measured normal to the said base line at approxi- mate Station 73 + 18; bounded on the east by a line measured normal to the said base line at approximate Station 86 + 63. Containing 41,240 square feet, more or less. The slope of said fill material shall be placed graded and maintained to drain away from the tracks of the meter at such angle as will hold the material in repose against ordinary erosion. � 3• Bounded on the north by the northerly property line of the Grantor; bounded on the south by a line parallel with and eleven (11) feet northerly of the said base line; bounded on the west by a line measured normal to the said base line at approximate Station 86 + 43; bounded on the east by a line measured normal to the said base line at approximate Station 96 + 31. Containing 35060 square feet, more or less. The slope of said fill material shall be placed, graded and maintained to drain away from the tracks of the Grantor at such angle as will hold the material in repose against ordinary erosion. AREA 4.' Bounded on the north by a line parallel with and seventeen (17) feet southerly of the said base line; bounded on the south by the southerly property line of the Grantor; bounded on the west by a line measured normal to the said base line at approximate Station 108 + 09; bounded on the east by a line measured normal to the said base line at approximate Station 109 + 96. Containing 3,420 square feet, more or less. The slope of said fill material shall be placed, graded and maintained to drain away from the traoks of the Grantor at such angle as will hold the material in repose against ordinary erosion. In addition to previous communications and negotiations with the Maine Central Railroad Company, notices were sent to all abutting property owners for the purpose of determining if any person or persons, other than the Marne Central Railroad Company, claims any interest in, or title to any portions of the lead occupied by the Maine Central Railroad Company over which the proposed sewer line will cross. There appeared at the time and place set for the meeting, Rev. Msggrr. Thomas M. Nelligan and Mr. John M. Nelligan residents of 385 Keg. Street; Julia E. Mooneyy resident of 358 Hancock Street, also representing Thomas and Rocca Mooney, of 365 Hancock Street; Madeline C. Gaherty, 355 Hancock Street; and Janet B. Stratton, 397 Hancock Street. The City Engineer first described the project to those present, pointing out in detail the proposed location as shown on the preliminary construction Plana. He also stated that the City has been negotiating with the Maine Central Railroad Company for the acquisition of the sewer easements, and indicated that a tentative agreement bad been reached with the Railroad regardiq the location and manner of installation, and that the City bad made an offer of $32,000.00 to the Railroad as damages or payment for the easements. The City Engineer further explained that the purpose of the subject hearing was to attempt to determine if any other person or persons claimed any right, title or interest to any portion of the Maine Central right-ol-way which is to be occupied by the proposed sewer, and that any said rights would be acquired by the power of eminent domain, as permitted by the public bearing was necessary for the purpose of describing the location of the sewer and determining any damages as a result of the sewer location. The City Engineer stated that no damages would be recommended for the acquisition of the easements other then the above-mentioned payment to the Maine Central Railroad Company, inasmuch as none of the property involved in the proposes sewer location is used by any parties other than the Maine Centra: Nose of those present made any claim of title to, or other interest in the Maine Central Railroad Company property nor Claimed any damages as a result of the proposed laying out. In -7- this respect, it is recommended that the sewer easements be laid out as described above, subject to the receipt of an Easement Agreement from the Maine Central Railroad Company. Mans showing the proposed location of the sewer as described above are on file in the Office of the City Engineer. Respectfully submitted, JEE;jkp John E. nawley, City Engineer