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HomeMy WebLinkAbout1973-07-09 199 AA ORDER199 AA introduced by Counctlox aeldacd, July 9, 1973 _ CITY OF BANGOR (TITLE.) Mon, city. Engineer's Report - Acceptance. a Eaton. Place By the City Counal of IU City ofBanisno ORDERED, TEAT, the attached report of the City Engineer relative to the proposed line and grade of Eaton Place, together with the estimated costs of construction be and hereby is accepted, and be it further ORDERED, that the right -of-way be established as a public way to be named and known as Eaton Place, and be it further ORDERED, that the street be constructed to acceptable standards, with the mount of $4,600.00 to be transferred from the Contingent Account to cover the cost of said construction. W IN CITY COUNCIL July 9, 1973 PA sm. CITY CL 199 AA ORDER Tiae, Cit 8n ineex �s Re oit - Acce Gane¢ ... X...9..........4..........4..... of R?Cen e}a<e :...................... Introduced and aged by �.. ,,�Iounci�n CITY of BANGOR, To the City Council: Pursuant 4 an order of the City Co J,OMer .....9] Alf ,,,,_.,passed March 262__19)3 directing the City Engineer W lay out__.a right-of-way 1 ne and,.,.,establish a. __.. grade for Eaton Place between Fourth Street and Fifth Street the City Engineer begs leave to report: That of his intention to lay out _. said Forton. Place the City Engineer gave written notice by n nbc a attached to copies of said order posted for seven days prior to the ___ May 31, 19,]3 public hearing in two public places in the City of Bangor and in the vicinity of said street, to wit: One on the bu11 tin board at City, Hall, Bangor,Mine 04401 _. _. Dire ort thecorner of Fourth Street and Eaton Place pose on the corner of Fifth Street and E ton Place and also gave notice by causing the same W be published in the BANoog DAILY ph we, newepaper printed in mid city, for one week prior to the 3jstof May, 1973. espy of said ender and notices, su paled and Published, is hereto annexed andmade part of this report. And that the and City Engineer met at the time and place of meeting moused w the notices and proceeded] to lay out said Eaton Place as follows: Beginning at a point formed by the intersection of the sourheastarly right-of-way line of Fifth Street and the northeasterly line of Eaton Place as previously laid out, said point being at the southwesterly corner of land owned by James A, and Mary A. Bogan; thence deflecting to the southeast 900-41-30" along the north- easterly line of Eaton Place as previously laid out for a distance of 145.66 feet to a point, said point being 12.5 feet more or less northwest from the south- easter corner of land owned by Harold E. and Jarvis Severance; thence deflect- ing 66 -7'-28" to the northeast for a distance of 31.45 feet northeast from the southeasterly corner of said land, said point also being at the southwesterly comer of land owned by the Joseph M. Constantine heirs: thence continuing along the same course onto said Constantine land for a distance of 15.26 feet to a point; thence deflecting 650-58'-58" to the southeast for a distance of 33.92 feet more or less to the southeasterly line of said Constantine land at a point located 14 feet northeast from the southeasterly corner of said land, and being 2 feet northeast from the northeasterly line of the existing right-of-way to Fourth Street; thence continuing along the same course on a line parallel to, and two feet northeast from the northeasterly line of said existing right-of-way for a distance of 118.0 feet more or less to the northwesterly tight -of -way line of Fourth Street; thence deflecting 890-44'-30" to the south-west for a distance of 16.00 feet to a point, said point being 2 feet southwest from the intersection of the southwesterly line of the existing right-of-way; thence deflecting 900-15'-30" to the northwest on a line parallel to and two feet southwest from the southwesterly line of the existing right-of-way for a distance of 140.65 feet to a point located 23.05 feet northwest from the southeasterly line of land owned by Stop 6 Shop; thence deflecting 650-58'-58" to the southwest for a distance of 41.79 feet to the northwesterly side of said Stop 6 Shop land, adjacent to the southeasterly end of the existing right-of-way from Fifth Street; thence deflecting 230-52'-32" to the southwest along the southeasterly end of the existing right-of-way for a distance of 8.42 feet to the comer of said right-of-way; thence deflecting 890-32'-00" along the southwesterly line of the existing right-of-way for a distance of 158.00 feet to the southeasterly line of FHth Street; thence deflecting 900-41'-30" to the northeast along the southeasterly line of Fifth Street for a distance of 20 feet to the point of beginning. Meaning and intending to describe a right-of-way which is 20 feet wide from Fifth Street to the southeasterly line of the Severance land, and 16 feet wide from that point In an easterly direction to Fourth Street. GRADE The City Engineer proceeded to lay out a center line grace for said roadway as follows, beginning at Station 0+)00 on the northwesterly right-of-way line of Fourth Street: Station Elevation 0+00 100.70 0+25 102.50 0+50 104.20 0+75 106.50 1+00 109.40 1+25 1-2.70 1+50 1-5.30 1+75 1=6.22 2+00 1=7.00 2+25 1_7.78 2+50 1-8.56 2+75 1_9.60 3+00 121.10 3+25 122.80 There appeared at the time and place of the meeting Mr. & Mrs. Harold E. Severance, Mr. & Mrs. Lysle Cunningham, Mr. & Mrs. Ted Kinney, Mrs. Herbert Skidgel, Mr. Conrad Drapeau representing Stop & Shop, Mr. Vincent P. O'Leary and Mr. & Mrs. Preble Hatch, all residents of or owners of property abutting Eaton Place; Mr. John Ballon, Mr. John Gass and Mr. James Henderson of the Bangor City Council; Mr. Rod McKay, Director of the Westside Neighborhood Improvement Program, and the City Engineer. And the City Engineer proceeded to establish damages for the land taken as follows: Dwane R. and Sarah Fox-PRD,Vol. 2158, Page 757. The acquisition of a strip of land measuring two feet in width along the southeasterly side of said property, bordering the northeasterly side of an existing 12 foot wide right-of-way. Said strip of land having an area of 168 sq. ft. more or less. Recommended damages - - $60.00 Thomas G. and Velma Collins -PRD, Vol. 1516, Page 393 A strip of land two feet wide along the southeasterly edge of said property, bordering the northeasterly line of an existing 12 foot wide right-of-way, said strip having an area of 68 sq. ft. more or less. Recommended damages - $25.00 Joseph M. Constantine heirs -PRD, Vol. 1053, Page 83 A portion of land on the southwesterly side of said property, described as follows: beginning at the southerly comer of said property, said point being at the northwesterly terminus of the southwesterly line of an existing 12 foot wide right-of-way, thence in a northwesterly direction along a southwesterly line of said property for a distance of 40 feet more or less to the westerly comer of said land; thence deflecting 1140-1'-2" to the northeast for a distance of 15.26 feet; [Race in a southeasterly d'ir'ection on a line parallel to, and 14 feet northeast from the southwesterly line of said land for a distance of 33 .92 feet to the southeasterly line of said land; thence southwest at right angles to the last described line for a distance of 14 feet to the point of beginning. The above-described parcel contains 522 square feet. Recommended Damages - 130.00 Harold E. and Iarvis Severance - PRD Volume 1693, Page 102 A piece of land at the southerly corner of said property, described as follows: beginning at the southerly corner of said land, said point being at the north- easterly terminus of an existing 20 foot wide right-of-way from Fifth Street; thence northwest along the northeasterly line of said right-of-way for a distance of 12.5 feet more or less to a point; thence deflecting to 1130-52'-32" to the northeast for a distance of 31.45 feet to the southeasterly line of said property; thence southwest along the southeasterly line of said property 28.76 feet to the point of beginning. The above-described parcel contains 160 square feet. Recommended Damages - $70.00 Ruth K. Hodgkins - PRD Volume 2010, Page 196 A two foot wide strip of land along the northeasterly line of said property, bordering the southeasterly line of an existing 12 foot wide right-of-way, having an area of 169 square feet. Recommended Damages - $60.00 Theodore M. and Margaret H. Kinney - PRD Volume 1280, Page 367 A strip of land along the northeasterly line of said property measuring 2 feet in width and bordering the southwesterly line of an existing 12 foot wide right-of-way, having an area of 66 square feet. Recommended Damages - $25.00 Stop 6 Shop - PRD Volume 2025, Page 225 A piece of land on the northerly end of said property described as follows: beginning at the northeasterly comer of said property, said point being at the southwesterly terminus of an existing 12 foot wide right-of-way from Fourth Street; thence in a northwesterly direction along the northeasterly line of said property for a distance of 40 feet more or less to the northerly comer of said property; thence in a southwesterly d'ir'ection along the northwesterly line of said property for a distance of 40.34 feet to a point, said point being on the southeasterly terminus of an existing 20 foot wide right-of-way from Fifth Street; thence de- flecting to the northeast 1560-07'-28" to the northeast for a distance of 41.79 feet to a point, said point being 2 feet southwest from tha¢theasterly property line; thence southeast on a line parallel to and 2 feet southwest from the southwesterly property line for a distance of 23 feet more or less to the southeasterly line of said property; thence in a northeasterly direction at right angles to the last described line for a distance of 2 feet to the point of beginning. The above-described parcel contains 415 square feet. Recommended Damages - $140.00 The City Engineer explained the proposed construction, and indicated that, in his opinion, the roadway could be constructed so as to solve a number of existing drainage Problems. The property owners were advised that the road- way would require reconstruction to acceptable standards as a condition of acceptance as a public way. The total estimated cost of the roadway construction is $4,600, which would consist of a 12 of wide travel way consisting of a 2 inch bituminous concrete surface of a 1511aiQraved subbase. More are three alternatives to the payment of the construction cost, including: (1) having the work performed as part of the Westside Neighborhood Improvement Program, (2) assessing 1/3 of the cost against the properties which benefit by the construction provided that the majority of the property owners are in favor, or (3) the construction cost to be paid entirely by the City on the grounds that the construction of the roadway is in the best interests of the City. Mr. McKay indicated that the first alternative was not possible, since Eaton Place is not within the boundaries of this year's neighborhood improvement program. The City Engineer then asked how many of those present were in favor of the proposed construction and would be willing to pay their proportionate share, totaling 1/3 of the cost. Two property owners were in favor and five were opposed, which means that the City could not assess the property owners for the construction. The third alternative and apparently the only one possible, is for the City to pay the entire cost of construction. Five property owners were in favor and two were opposed to this alternative. Since the majority of the property owners appear to be satisfied with the street as it now exists and do not desire to have the street reconstructed, it is recommended that the reconstruction and the acceptan^e of the street be considered to be in the best interests of the City, to be done at the City's expense. Upon the acceptance of that conviction, it is further recommended that the above-described right-of-way be established as a public way, to be named and known as Eaton Place, a plan of the proposed laying out entitled "Easton Place Right -Of -Way", Plan No. R866, dated rune 25, 1973, is on file in the office of the City Engineer. Respectfully submitted, Cohn S. Frawley City 3ngineer