HomeMy WebLinkAbout1964-10-26 235-R ORDER235-R
Introduced by Councilor Higgins, Oct. 26, 1964
rr _g', CITY OF BANGOR
(TUTEE.) (0rkCyt Authorizing City Engineer to Acquire Drainage Easement --
Mildred Avenue Storm Sewer.
By dw Qty Cauuit of be aty of Bangor.
;n;roma�rta
THAT , WHEREAS, the City Council has previously directed
that a storm sewer be Installed on Mildred Avenue which will dis-
charge within the dedicated way known ad Leonard Street, now
therefore, be it
ORDERED, that the City Engineer, acting for and on behalf of
the municipal officers according to law, is directed to establish
a drainage easement for the Mildred Avenue storm sewer within the
dedicated right of way known as Leonard Street, and be it further
ORDERED, that the City Engineer, acting for and on behalf of
said municipal officers, proceed to give written notice of such
intention of said municipal officers by posting notices for seven
(7) days in two public places in the City of Bangor and In the
vicinity of the proposed construction, and the City Engineer is
further
ORDERED, to make a written return of said proceedings, con-
taining a description of the drainage easement together with a list
of damages allowed to each person or for any benefits resulting to
the property owners as a result of the establishment of the drain-
age easement, all in accordance with the laws of the State of
Maine, and said report to become a part of this order.
235-R
RECEIVED
ii 6CT0 1M9:b9 0RUER
CITY CI. ERX'S dfii i€ Tine,
,3. NflliE
IN CITY COUNCIL Arainaye Easement - Mildred Ave.
Oct. 26, 1964 " -
Deferred to City Engineer and „Sjoev�,;6exrer-,;i S,r
Public Works Co®ittee, tabled.
d d and filed by
CITY tack\
IM1 TY COUNCIL�uncllmaa
Nov. 9, 1964
Remain on table. -
IN. 01 P COUNCl,
Dec. 2g, 1964 ,
Taken from table; indefinitely postponed.
CI CIERK
IN CITY COUNCIL
Nov. 29, 1964 GITY CLERK
-
Remain on table.
CI IERK
CITY COUNCIL -..
Dec. n a 1964 _
Remain on table. �
CITY C
P!
M
CITY of BANGOR,
To the City Council:
datPursuant to an order of the City Council pmee�d, October 26a 1964e No. 23i-R.
......._.............._.__........__....o...__.__
directing the City Engineer to lay out. d elnage_pasement_on_the_ dedi cated______.,.,
way known as Leonard Street for the proposed Mildred Avenue atom
.._...... ____.___ ............-
sewer
............ .___. _. _. ------- _..._the City Engineer begs leave to report
That of his intention to lay out said draipege_e% she t_.
the City Engineer gave written notice by notices attached to copies of said order posted for seven
days prior to the 9th of Ncv. mbar, 1964
in two public places in the City of Hangar and in the vicinity of said street, to wit:
04on _bullet Ln boandat_plty Hall .....
One on Leonard Street at Nissan Avenue
Ona on Leonard Street at Mildred Avenue
and also gave notice by causing the same to be published in the BANclas Ilmr Y NEgvVMAgbud a
newspapers printed in said city, for one week prior *o the 9th. day of
Nov., 1964s.. _copy of said order and notices, so posted and published, is herem, annexed and
made part of this report.
And that the said City Engineer met at the time and place of meeting specified in the notices
and proceeded to lay ovt. said drainage easement as follows;
235-H -2
Description
Beginning at a point on the westerly sideline of Mildred
Avenue and approximately twenty (20) feet north of the southerly
right-of-way line of the dedicated way known as Leonard Street
and extending in a westerly direction for a distance of approxi-
mately eighty-five (65) feet, to permit the installation of
approximately thirty-five (35) feet of eight inch pipe and
approximately fifty (50) feet of open ditch. The intent of
said easement is to permit the flow of water in a westerly
direction along the dedicated way 'mown as Leonard Street and
to grant onto the City of Bangor the right to maintain said
pipe and ditch.
There appeared at the time and place set for the hearing
Mr. Vinton Savage, whose wife owns the land west of the proposed
drainage ditch; Mr. Ernest Nason, a resident of Mildred Avenue;
and Councilman Edward J. Hughes. Mr. Savage objected to the
installation of the open ditch inasmuch as he felt that the
discharge of water would depreciate the value of the land owned
by his wife. It sea pointed out to Mr. Savage that should the
dedicated right of ways of Leonard Street and Cannan Street be
developed in the future, then it would be necess any to install
a atom water drainage system prior to the Cityls acceptance
of these roadways, and it was felt that the proposed pipe would
than be extended ae a part of the future atony drain system.
Mr. Savage indicated that he would not be opposed if the pipe
were extended at the present time to a point west of their
property an additional distance of approximately two hundred
(200) feet.
Mr. Ernest Cason objected to the proposed installation
Inasmuch as he would be assessed for a portion of the instal-
lation cost and it was his feeling that the drainage problem
was created by flow adjacent property owner who filled in the
original drainage ditch which was located approximately one
hundred forty (140) feet south of Leonard Street.
In a conversation with the City Solicitor, he stated that
in his opinion the filling-in of the original open ditch by the
owner of the property upon which the ditch was located was in
violation of State law and that the property owner should be
required to re -open the existing ditch.
235-R -3
Should the storm drain be installed to discheega onto
Leonard Street, as it is now proposed, it is recommended
that the drainage easement as described above be established.
No damages are recommended for the establishment of said ease-
ment. A plan showing the proposed installation and easement
is on file in the office of the City Engineer and is designated
as City of Bangor Plan No. S-638•
Respectfully submitted,
John T. Frawley I1
JTF:C City Engineer