HomeMy WebLinkAbout2012-12-10 13-036 ORDERCOUNCIL ACTION
Item No. 13-036
Date: December 10, 2012
Item/Subject: Order, Authorizing the City Manager to Execute an Agreement with the Maine Department
of Transportation — Occupy Six Parking Spaces at Gallagher Place for the Joshua Chamberlain Bridge
Project, MDOT #18320.00
Responsible Department: Engineering
Commentary:
The attached Order would authorize the City Manager to execute a Local Project Agreement with Maine
Department of Transportation. On October 22, 2012, Council Order 12-335 authorized the City Manager to
enter into an agreement with the Maine Department of Transportation for a detour on Main and Water
Streets, in preparation of painting the Joshua Chamberlain Bridge, MDOT PIN #18320.00.
In conjunction with the painting and restoration of the bridge, MDOT has determined that it will be
necessary to acquire "Temporary Construction Rights" for property owned by the City of Bangor. The
area that is needed consists of six parking spaces in Gallagher Place (.59 acres), which will be utilized for
one month to accommodate the restoration, to the bridge. A qualified appraiser has valued the .59 acres
at $2,800.00 as just compensation to be paid to the City. The Infrastructure Committee reviewed and
recommended this for approval on November 27, 2012.
Manager's Comments:
Associated Information Memo, Agreement, Location Map
Budget Approval:
Legal Approval:
Introduced for
X Passage
First Reading
Referral
Arthur B. Morgan
Interim Department Head
City Manager
Finance Director
City Solicitor
Page _ of
Assigned to Councilor Gallant
CITY OF BANGOR
13-036
DECEMBER 10, 2012
(TITLE.) Order, Authorizing the City Manager to Execute an Agreement with the Maine
Department of Transportation — Occupy Six Parking Spaces at Gallagher
Place for the Joshua Chamberlain Bridge Project, MDOT *18320.00
By the City Counal of the OW of Bangor:
ORDERED,
THAT the City Manager is hereby authorized and directed to execute an
agreement with the Maine Department of Transportation to occupy six parking
spaces in Gallagher Place for a one month duration to accommodate painting and
repairs to the Joshua Chamberlain Bridge, MDOT #18320.00.
A copy of the Agreement is attached.
IN CITY COUNCIL
December 10, 2012
a�
CITY CLERK
13-036
DECEMBER 10, 2012
To: Infrastructure Committee
From: Arthur B. Morgan, City Engineer — Director of Public Services
Subject: Authorize City Manager, Catherine Conlow to Enter Into Agreement With
MDOT to Occupy Six Parking Spaces at Gallagher Place for the Joshua
Chamberlain Bridge Project, MDOT #18320.00
Date: November 27, 2012
On October 22, 2012, Council Order 12-335 was passed authorizing the City Manager
to enter into an agreement with the Maine Department of Transportation for a detour on
Main and Water Streets, in preparation of painting the Joshua Chamberlain Bridge, MDOT
PIN #18320.00.
In conjunction with this project, it has been determined by the MDOT that it will be
necessary to acquire real property owned by the City of Bangor for "Temporary
Construction Rights" during the repair and painting of the bridge rails. The area to be
occupied consists of six parking spaces in Gallagher Place (.59 acres), which will be utilized
for one month to accommodate the restoration to the bridge. A qualified appraiser has
valued the .59 acres at $2,800.00 as just compensation to be paid to the City.
It is Staffs request to approve the City Manager entering into an agreement with the MDOT
to occupy six spaces at Gallagher Place for a month to accommodate the painting and repair
to the Joshua Chamberlain Bridge.
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
Owner's Offer -Assent
Property Owner(s): PIN: 018320.00
City of Bangor Project No: B$ -1832(000)X
Town: BAngor�Brewer
Parcel/Item No: 11
BACKGROUND:
1. It has been determined that public exigency requires the construction
altering, widening, changing the grade of and/or changing the drainage c
Highway "43 (U. S RouteIA/Route 9") in the Cities of Bangor and Br
Penobscot and State of Maine through a Maine Department of Transpoi
project identified by the PIN and Project Number referenced above (the
2. In connection with the Project, the necessary real property rights (the
acquired have been assigned value, surveyed, and identified on a plan ki
Map, State Highway "43 (U. S RoutelA/Route 9") ", Project No. BH -1
Augusta headquarters of MaineDOT, File No. 10-479.
3. The Property Rights in and to a certain parcel of land identified on the
Parcel No. 1, owned by the above identified Property Owner(s) (the "Prod
Bangor are required for construction of the Project.
reconstruction by
portion of State
, County of
i (the "MaineDOT")
perty Rights") to be;
as Right of Way
on file in the
t of Way Map as
Owner(s)") in said
I
4. MaineDOT intends to acquire the Property Rights by filing a Notice 01 Layout and Taking (the
"Taking") in the Penobscot County Registry of Deed on or about November 20, 2012. At
MaineDOT's discretion, and with the Property Owner(s)' consent, the Prgperty Rights may be
transferred through the execution of a deed or other transactional instrumgnt.
5. MaineDOT has determined just compensation for acquisition of the P1
$2,800.00 (the "Payment"), and this amount will be paid to the Property I
the Taking.
Page 1 of 2
Rights to be
upon filing of
i
i
i
6. The Property Owner(s) does/do hereby acknowledge that Ronald Ouellette, Right of Way
Agent representing the MaineDOT, met with or wrote to the Property Owner(s) and explained the
Property Rights to be acquired, the just compensation Payment, and all construction impacts,
changes of location, grade, drainage and slopes as they apply to the Propert� Owner(s)' land.
AGREEMENT
1. The Property owner(s) accept the Payment as just compensation for alloperty Rights taken in
connection with the Project.
2. The Property Owner(s) release Maine DOT from any further claims of j�st compensation
arising from the Property Rights taken in connection with the Project; how( ver, if any changes in
design or construction occur after the date of this settlement and negatively impact the Property
Owner's land in an unanticipated manner, the Property Owner(s) shall have the right to request
that this settlement be rescinded.
In witness of the above, the parties have executed this Agreement on the 41te herein indicated.
PIN: 018320.00
Parcel #: 1
Dated:
Property Owner(s):
Page 2 of 2
Exhibit A
Bangor House Parking Lot
i� Union Street
1176
7aangor 3, 15
Spaces 1- 25 and 27 - 31 jan uary -I, zu-j u
Leased by Bangor House, LLC