HomeMy WebLinkAbout1976-07-26 311 AD ORDER311 AD
Introduced by Councilor saucy, Slily 36, 1976
CITY OF BANGOR
(Tffa,) (PrUr Est bl shing_New Street Between, KenduskeaR.Avenue
and Broadway, Five Hundred Feet North of School Street as a Public Way
BY the CRY Coa,ni{ N Bu CRY of Ba*Dar:
OUDEM D,
THAT the attached Report of the City engineer relative to the
laying out and establishing of a grade for a proposed new roadway
between Kenduskeag Avenue and Broadway, intersecting Broadway at a
point 500 feet North of School Street, be and hereby is accepted,
and be it further
ORDERED, that said street be laid out and established.'as a
public way, to be named and known as Huston Avenue, and be it.
further
ORDERED, that the recommended damages for said right-of-way
acquisition be paid as noted therein, and that assessments for
the construction of said roadway be levied or deferred in the
manner. n4 ommended in said Report. -
Iµ CITY_' COUNCIL 311 M
ayly �26r 1976 - . ->4
'Avended in.2na paragraph by R D E R
Saluting -'4o be aaaed and"
and by setstituting therefor Title
'te�o Iy , As Adendea,r. - _ RECEIVED
Passed,- - py ap11 hi 9 5 Between runduskeag
.. CITY OF BANGOR
nnCITY CLEAhS OFFICE
J f n / Avenue and trOaa aRr Five hundred Feet North
c1Tr - -n
of Scho
ol street as,a e brie way. °75 JUL ZI Pn 3
Inrtodueed and Hled
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CITY of BANGOR,
To the City Coned:
Pursuant to an order of the Cig CoundbOederC_264 AD t _._ ,paned. MaX.242_19]6
directing the City Engineer to lay out..a..publlc....way..extanAing.--£ram.JCmdu skaag-..
Avenue by way of the existing Husson College access road and thence
continuing to_Broadway and. intersecting .,_Broadway at_a point 500 _Feet
North of School�9treet,
------- __. __.-_- ...she City Engineer begs leave to report:
That of his intention to lay out. ..-........... s9¢,G,_6pLe st
the City Engineer gave written notice by notices attached to copies of said orderpnatd foreeven
days prior to the ....12th. day _off, 4lBlyw 1975...--_.. .........
in two public places in the City of Bangor and in the vicinity of said street, to wit:
One on the Bul atin Board ah City Halle
One -,-on Br dway,_500 fNet North of 5 hool Str t
One on genduskeag Avenue at Husson Access Road;
and elan gave notice by rousing the came m be publiehed in the BANeeS Daay News, newspaper
1976,
printed in said city, for one week prior to Ox, 12th- aay_af. July ./_copy of said order and
notices., so posted and published M hereto annexe's Amounts part of this report.__. _... ...... ........
And that the said City Engineer met at the time and place of meeting specified in the notdeea
and proceeded to lay out _.said_roadway-As-followai___....
CITY OF BANGOR, MAINE
Engineering Department
Beginning at a point on the northeasterly right-of-way line
of Kenduskeag Avenue, said point being 590.77 feet as measured on
a bearing of M. 590 491 29" W. from an existing granite monument
at the intersection of the southwesterly line of Valley Avenue
with the southwesterly line of Kenduskeag Avenue, and said point
being also approximately 33 feet northwest from the centerline of
the existing a road to Musson College from Kenduskeag Avenue;
thence N. 340 02P548 E on a line generally parallel to and 33
feet northwest from the centerline of the existing Musson College
cess road for a distance of 674.84 feet, and thence along a
curve to the right which is tangent to the last described point,
said curve having a radius of 2,436.00 feet, for a distance of
720.79 feet; thence continuing along a line tangent to said curve
at the last described point on a bearing of N. 510 00.00" E. for
a distance of 116.46 feet to a point; thence S. 390 00. 00" E.
for a distance of 597.65 feet to a point; thence along a curve to
the left which is tangent to the last described point, said curve
having a radius of 285 feet, for a distance of 355.60 feet to a
Point; thence continuing along a line tangent to said curve at
the last described point on a bearing of N. 690 301 41" E. for a
distance of 661.00 feet to a point; thence along a curve to the
left being tangent to the last described line, said curve having
radius of 285.00 feet for a distance of 201.46 feetto a point;
thence along a line tangent to said curve on a bearing of N. 290
00. 41" E. for a distance of 224.37 feet to a point; thence along
a curve to the right which is tangent to the last described line,
said curve having a radius of 310.18 feet for a distance of 263.70
feet to a point; thence along a line tangent to said curve on a
bearing of N. 770 431 19" E. for a distance of 253.95 feet to a
point; thence along a curve to the left which is tangent to the
last described line, said curve having a radius of 1,204.20 feet,
for a distance of 267.38 feet to a point; thence along a line
tangent to said curve on a bearing of N. 650 001 0011 E. for a
distance of 69 feet, more or less, to the southwesterly right-
of-way line of Broadway; thence in a southeasterly direction
along said southwesterly line of Broadway for a distance of 84
feet, more or less, to the southerly property line of land owned
by Margaret B. Coffin, as described in Penobscot Registry of
Deeds in Volume 1373 , Page 409 ; thence S. 770 431 19" W. for
a distance of 64 feet, more or less, along said property line
to a point, said point being 70 feet southeast from the north-
easterly line of the proposed right-of-way as heretofore
described; thence along a line parallel to and 70 feet south-
east of said northwesterly right-of-way line as heretofore
_2_
described S. 650 00. 00" W. for a distance of 16.88 feet';along
a curve to the left which is tangent to the last described point,
said curve having a radius of 1,274.20 feet, for a distance of
282.92feet; thence S. 770 431 19" W. on a line tangent to said
curve for a distance of 253.95 feet; thence along a curve to the
left being tangent to the last described line, said curve having
a radius of 240.18 feet, for a distance of 204.19 feet; thence
S. 290 001 41" W. on a line tangent to said curve for a distance
of 224.37 feet; thence along a curve to the right which is tangent
to the last described line, said curve having a radius of 355.00
feet for a distance of 250.94 feet to a point, said point being on
the southerly line of land owned by Musson College as described in
Penobscot Registry of Deeds in Volume 2031, Page 130; thence along
said southerly property line of Musson College on a bearing of
S. 690 30. 41" W. for a distance of 815.27 feet to a point{ thence
N. 30 00. 00" B. for a distance of 32.07 feet to a point, said point
being 70 feet South as measured at right angles to the northerly
right-of-way line of a proposed new street; thence along a line
parallel to and 70 feet southwest from said northeasterly right -
'of -way line as measured at right angles along a curve having a
radius of 355.00 feet for a distance of 297.40 feet; thence,N.
390 00. 00" W. for a distance of 531 ,fi5-fdYt to„a qPoint`°being
approximately 33 feet southeast from the ce to lino£ the existing
Husson College access road; thence along a line parallel to and
approximately 33 feet southeast of said access road centerline
S. 510 00' 00” W. for a distance of 146.46 feet; thence continuing
along a curve to the left having a radius of 2,370.00 feet, said
curve tangent to the last described line, for a distance of 701.26
feet to a point; thence S. 340 02. 48" W. along a line tangent to
said curve for a distance of 674.84 feet to the northeasterly
right-of-way line of Kenduskeag Avenue; thence N. 550 57. 12" W.
along said northeasterly right-of-way line of Kenduskeag Avenue
for a distance of 66 feet to the point of beginning. Meaning and
intending to describe a 66 foot wide right-of-way which is centered
n the existing Hasson College access road from Kenduskeag Avenue
for a distance of approximately 1,600 feet, and a new 70 foot wide
right-of-way extending from the northeasterly terminus of said
access road to Broadway. Said tight -of -way is more fully shown
on aPlan prepared by the City of Bangor Engineering Department
entitled "Right-of-way Plan, Hudson Avenue" Plan No. R-871,,
Sheets 1 through 3 of 3, dated June 1, 1976, to be recorded in
said Penobscot Registry of Deeds. Said Plan shows the following
land and easement acquisitions which are attendant to said right-
of-way:
-3 -
Land owned by Musson College as recorded in Penobscot Registry of.
Deeds. vol. 2031. Page 130.
Land Acquisition: 5.98 Acres; Temporary Grading easement:
10,680 square feet; Drainage Easements: 2 each.
11
'Land owned by Mary V. Johnson and Margaret J. Aubrey, recorded in
Penobscot Registry of Deeds. Vol. 2123 . Page 405 .
Land Acquisition: 0.373 Acres; Temporary Grading Easement:
1,480 square feet; Drainage Easement: 1 each.
Land owned by Robert P. Murray, described in Penobscot.Registry
of Deeds. Volume 2165, Page 483 .
Land Acquisition: 0.119 Acres; Temporary Grading Easement:
1,390 square feet;
Land owned D Frank A. Grant as recorded in Penobscot Registry
of ,d,:"
ee s n Vo 625, Page 44..,f
Land Acquisition: 0.044 Acres; Temporary Grading Easement:
590 square feet.
Land owned by. Margaret G. Coffin as recordedin Penobscot Registry
of Deeds. Volume 1373, Page 489.
Land Acquisition: 0.690 Acres; Temporary Grading Easement:
1,920 square feet.
Said drainage easements are intended to grant unto the City
of Bangor or its agents the right to enter upon the adjacent
property for all purposes necessary to install, maintain, alter,
replace, modify, improve and otherwise establish, install, and
maintain storm water culverts and ditches. for Conveying surface
water in existing natural drainage ways, as wells
a surface and
subsurface water from the proposed new roadway, in the location
shown on the subject Plans.
Said temporary grading easements are intended to permit the
City or its agents the right to enter upon the land adjacent to
said eight -of -way within the limits shown on the right-of-way
Plans described above for all purposes necessary to grade said
land to meet the proposed new roadway, said areas to be fine -
'graded, loamed, fertilized, and seeded, and to be maintained by
the City only until an acceptable stand of grass is established.
-4 -
And the City Engineer proceeded to establish a. grade for
said roadway, as follows:
No change will be made to the existing grade of the access
road extending northeast from Kenduskeag Avenue for a distance
of 1,600 feet from Kenduskeag Avenue. A grade for the new roadway
will commence at the southeasterly edge of pavement at that point
at Elevation 153.62 feet; thence descending ona grade of 1.918
per cent for a distance of 214 feet to Elevation 149.52; thence
along a 400 foot concave vertical curve having an external of
1.26 feet to Elevation 146.88; thence ascending on a grade of
0.60 per cent for a distance of 950 feet to Elevation 152.58
feet; thence ascending o vertical curve having a
sc n a concave v u n
external of 1.92 feet for a distance of 400 feet to Elevation
162.67 feet; thence continuing to ascend o a Elevation
of 4.444
per cent for a distance of 150 having
an external o 169.33 feet;
thence along a convex curve having an external of 1.22 feet for
a distance of 300 feet t0 Elevation cent
for thence continuing
to ascend o a grade of he1.203
ed per cent for a distance of 498
feet, more or less, to the edge of the existing pavement on
Broadway to at Elevation 183.60. The above described Elevations
refer to Bangor City Datum. -
There appeared at the time and place set for the meeting,
Mi. F. A. Peters, President of Musson College; Mr. D. N. Merrill,
Vice President of Musson College; Frank Grant, owner of Home
Decorating Center at 732 Broadway; William M. Stockson, President
of M. L. Coffin Company, Inc.; Margaret G. Coffin; George F.
Peabody, Attorney representing Mrs. Coffin; Robert P. Murray;
.,(r the City Engineer; and Orman G. Twitchell.
The City Engineer proceeded to inform those present that
the right-of-way was to be acquired by Eminent Domain, as directed
by City Council- Order 242 AD passed May 24tb, 1976. The proposed
roadway was described,aitidjan explanation given as to the general
reasons for its location. Mr. Murray repeatedly indicated that
the proposed right-of�way location was poor, and that it should
be aligned with School Street. After a reasonable explanation
as to why the School Street location was not feasible, the City
Engineer reminded Mr. Murray and those present that the City
Council had directed him to lay out the roadway in the location
shown on the Plans being presented, and that he was not authorized
to change the location. The Musson College officials were advised
that the City proposed to acquire the existing access road from
Kenduskeag Avenue, which was originally built by the City to
acceptable standards, so that Husson College would no longer
be required to maintain that portion of the roadway. The City
Engineer advised those present who owned property East of the
Musson College land that the proposed roadway location would
i -5-
benefit the future development of their property if such
development were desired. Mr. Grant was advised that the roadway
s positioned adjacent to his northerly property line so as not
to encroach upon his existing parking area. when asked by Mr.
Peabody as to why the right -o£ -way required B;i'fset of the Coffin
property frontage on Broadway, he was advised "by the City Engineer
that it was both to preserve Mr. Grant's parking area and to make
a 900 intersection with Broadway. Mr. Murray indicated that the
existing pond located on the land owned by Johnson and Aubrey
located to the south of the proposed new roadway would be pol-
luted by road salt. The City Engineer advised Mr. Murray that
only 400 feet of road would drain toward the pond, and the
flat grade (1.203%), would probably not necessitate the use
of road salt. In any event, the City Engineer felt that the
concentration of salt would not be sufficient to pollute the
pond.
Based upon an Appraiser's report with modifications, the
following damages were recommended for right-cf-way acquisition:
Land owned by Musson College
Land Acquisition 5.90 Acres;
Recommended Damages: $17,500.00
Land owned b Mar J. Johnson
an argare ,tl..`ALbrey
Land Acquisition .373 Acres;
Recommended Damages: 750.00
Land owned by Robert P. Murray
Land Acquisition .119 Acres;
Recommended Damages: 11200.00
Land owned by Margaret G. Coffin
Land Acquisition .690 Acres;
Recommended Damages: 13,000.00
Land owned by Frank A. Grant
Land Acquisition .044 Acres;
Recommended Damages: 17600.00
Total Recommended Damages
for Land Acquisition: 834,050.00
No damages are recommended for temporary grading easements,
since the land will be restored to its original condition and
will not be used further by the public. Furthermore, no damages
e recommended for the proposed drainage easements, since the
natural flow of water occurs at the locations where the ease-
ments are to be established; the roadway construction will
intercept a considerable amount of water within the roadway
area, which should make areas other than the drainage easement
areas generally drier than they are at the present time•
The City Engineer then proceeded to describe the benefits -
as a result of the roadway construction, which would eventually
be levied against the property as construction assessments.
The total current estimated cost of the roadway construction
is $142,770.00, which does not include proposed improvements
n Broadway which will include a traffic signal and the paving
of existing gravel shoulders. Since this roadway is classified
as a Residential 11 street, consisting of a 40 foot roadway with
a sidewalk on one site, the City's share would be $14.00 per foot,
or $40,740.00 for the 2,910 feet of new roadway. This would
leave $102,030.00 to be assessed. The total estimated cost of
the storm sever is $36,010.00, of which the City would pay
50%, with the remaining $18,005.00 to be assessed. The total
assessment would therefore be $120,035.00.
It is recommended that the assessment be pro rated on the
basis of total area served on the subject properties, beginning
with 19.42 acres in the proposed Bradford Commons development,
the initial Petitioner for the roadway construction. To deter-
mine the other areas to be benefited, a depth of 200 feet from
the roadway was assumed, except for the Grant property which
has a depth of only 125 feet. Furthermore, the triangular
piece at the southeasterly corner of the Musson property was
computed at 1/3 of the actual area. Corner lots on Broadway
and at the existing Musson College access road were pro rated
at the rate of 50% for the first 200 feet. Accordingly, it
was determined that 34.63 acres benefited by the construction,
resulting in an assessment of $3,466.00 per acre. The estimated
assessments on this basis are as follows:
Musson College $32,480.00
Bradford Commons 679310.00
Mary Johnson & Margaret Aubrey 61516.00
Frank A. Grant 19040.00
Robert P. Murray 29565.00
Margaret G. Coffin 10,124.00
Total: S1209035.00
_>_
Those present were reminded that these assessments are
estimates only, and the actual assessments will be based upon
the final costs of construction. Those present were also
advised that the assessments would be deferred until the adja-
cent properties were developed and/or access to their properties
were requested. Deferment would be based upon the execution
of an acceptable subordinate Agreement which would be recorded
in the Registry of Deeds covering the outstanding assessments.
Mr. Peters and Mr. Merrill of Hasson College did not object
to the roadway laying out, but did object to the recommended
damages, and requested that a hearing be scheduled to review
the amount recommended. Mr. Murray was in complete opposition
to the roadway, especially to its location., M[: Peabody,.
representing Mrs. Coffin, later indicated that he in no way
objected to the location of the roadway
,lmq.t wished to reserve
the right of his client to object to the"amount of recommended
damages pending further study. No other objections were noted.
It is recommended that the damages be paid as described
above, and that the assessments be deferred against all proper-
ties except the Bradford Commons development, to be levied as
soon as final construction costs are known. It is further
recommended that said street be laid out and established as
a public way, to be named and known as Hassan Avenue, and that
it be added to the Official City Map. A copy of the right-
of-way Plan is attached to this report.
.\\Rees'p'e`'cttfully submitted,
Bohn T. Frawley,
City Engineer
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