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HomeMy WebLinkAbout2009-04-13 09-136 ORDERCOUNCIL ACTION Item No: Date: April 13, 2009 39 J136 Item/Subject: ORDER, Authorizing City Manager to Execute Settlement Agreement with Maine Department of Transportation – Right -of -Way Acquisition, State Street – PIN #15090.00 Responsible Department: Engineering Commentary: The attached Order is a routine action authorizing execution of a settlement agreement regarding compensation for taking City land to widen the State Street/U.S. Route 2 Right - of -Way. This is necessary for the reconstruction of the so-called "Red Bridge" over the Penjajawoc Stream. Attached is a memorandum from the City Engineer that provides further detail plus a map showing the location of the taking. A copy of the Agreement is also attached. Manager's Comments: The pIn�frasstructure Committee has reviewed and recommends approvi 11 Associated Ii Bid Tabulation Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Department Hea City Manager Director eo�22 City Solicitor Page _ of — ,91 no Assigned to Bronson April 13, 2009 CITY OF BANGOR (TITLE.) ORDER, Authorizing the City Manager to Execute Settlement Agreement With Maine Department of Transportation — Right -of -Way Acquisition, State Street — PIN #15090.00 BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT The City Manager is hereby authorized and directed to execute a settlement agreement with the Maine Department of Transportation accepting $1,500 as compensation for City land taken by MDOT for additional highway right-of-way necessary for the Red Bridge Reconstruction Project — PIN #15090.00. IN CITY COUNCIL April 13, 2009 Motion Made and Seconded for Passage Motion Made and Seconded to Amend by Substitution Passed Motion Made and Seconded for Passage As Amended Pas TY CLERK 4 09-136 O R D E R (TITLE,) Authorizing the City Manager to Execute Settlement Agreement with Maine Department of Transportation - Right - of Way Acquisition, State Street - PIN 115090.00 Assigned to Councilor 09 136 Assigned to -: xr!'t shy777 CITY OF BANGOR (TITLE.) ORDER, Authorizing the City Manager to Execute Settlement Agreement With Maine Department of Transportation — Right -of -Way Acquisition, State Street — PIN #15090.00 BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT The City Manager is hereby authorized and directed to execute a settlement agreement with the Maine Department of Transportation accepting $1,650 as compensation for City land taken by MDOT for additional highway right-of-way necessary for the Red Bridge Reconstruction Project — PIN #15090.00. MEMORANDUM TO: City Council FROM: James D. Ring, Director - IDS DATE: April 10, 2009 RE: Council Order 09-136 — Amendment by Substitution Council Order 09-136 appears on next Monday's Agenda, and authorizes acceptance of $1,500.00 from Maine Department of Transportation as compensation for easements and City land taken for the Red Bridge Reconstruction Project. This has been reviewed and recommended by the Infrastructure Committee. Yesterday we received notice that MDOT will need to secure an additional drainage easement on City land and is offering an additional $150.00 for total compensation of $1,650.00. This amount is higher than the assessed value ($1,500.00) of the entire City parcel and Staff recommends acceptance. Attached is an amended version of Council Order 09-136, reflecting the increased compensation, which should be substituted for the original version Monday evening. Also, attached is a revised settlement agreement from MDOT that incorporates the change. R; TOWN: BANGOR PROJ. NO.: 15090.00 PIN: 15090.00 PARCEL NO.: 1 OWNER(S): City of Bangor .ADMINISTRATIVE ACQUISITION OFFER LETTER_ AND SETTLEMENT AGREEMENT Project No.: 15090.00 PIN: 15090.00 Municipality: Bangor Parcel/Item No.: 1 Owner(s): City of Bangor The Maine Department of Transportation wishes to inform you of a planned transportation project in Bangor, Maine. A portion of your land and/or rights in your land is necessary as additional right-of-way for this project. The Right -of -Way Plan accompanying this agreement shows the land and/or rights to be acquired from you for this project. The right-of-way to be acquired from you for this project is as follows: Land in Fee (Prescriptive Easement): None Highest & Best Use: Add to abutter Land in Fee (Other): 0. lot ac. (i) Slope Easement(s): 3751 s. f. (1) Temporary Construction Rights: 940± s. f. (i) Si 'ficant rovements: None Offering Price: $1,650 Drainage easement: 770 s. f. (1) The Department's representative, has provided you with a copy of the booklet, "State of Maine De&artment of Transportation -A Landowner's Guide to the Property Acquisition Process " which explains the process that must be followed to acquire right-of-way. The representadve has attempted to answer your questions and agreed to respond to any questions that cannot be immediately answered. The Department's representative, has explained: ✓ The proposed acquisition and all construction features proposed, including changes of location, grade, drainage and slopes, and the effects on your property; ✓ The method of determining just compensation is not based on an appraisal, but an alternative procedure using land prices in the project area. If we do not reach an agreement about the value of your property to be acquired, or if you request, the Department will perform an appraisal for the proposed acquisition. I/We, the undersigned property owner(s) and the Department agree to the following: I. This agreement is being executed voluntarily; 2. The Department will acquire the necessary real property shown on the accompanying Right -of -Way Map, by deed or by filing a "Notice of Layout and Taking" on or before April 30,2009; 3. The Department will pay the property owner(s) (includes all record parties of interest), and the property owner(s) will accept, the total amount of $1,650.00 at the time of acquisition, as just compensation and full payment for the real property to be acquired; 4. The Department may terminate this agreement if the project no longer requires the acquisition of the real property shown on the Right of Way Map; 5. Project changes after the date of this agreement, which adversely impact this parcel, may void this settlement, at the option of the property owner(s). All payments made to the property owner(s) will be treated as a credit against the final amount determined to be just compensation. Owner's Signature: Owner's Signature: ✓ Accepted for MDOT By: 12 CLL, .......... ....... - - - - - - - - - - - - - 5+00 +75 lit State St. W, S. Rt. 2 To Bangor STATE HIGH AY +1 +50 4 -37-811 E 137.96" +30 +70 N En -- - - - - - - - - Ln-- . .......... .... -36 S.H.C. FILE No. 10 SEE +1 0ji)± AC. C17Y OF BANGOR PARCEL NO. (1) LAND TAKEN 0-10± ACo(1) SLOPE EASE. 375± S.F. (1) DRAINAGE EASE. = 770± S.F-. ti) TEMP. CONST. RIGHTS = 940± S.F. (1) TOTAL AREA = 0.22± AC.,(CALC.) REM. AREA = 0.12± AC. 770± —34 S.F. Cleoring Umhl Ljn6 to Riglyt-of-dray' firnits Riprop Downspout Leve! Lip Spreade OUTLET DRAINAGE STRUCTURES URES STA, 5+30 TO STA. 5+70 RT. CURVE... DATA" Pi = D = 2029v28,0q' A = 3059'21.6", Rt. R = 2300.00' L = 160.14' T = 80.10' E - 1.3'9' 09 .39 MEMORANDUM TO: Infrastructure Committee FROM: James D. Ring, Engineer DATE: April 18, 2007 RE: MDOT Acquisition of City Property for Red Bridge Replacement Project This fall the Maine Department of Transportation will be replacing a deteriorated bridge structure on U.S. Route 2 known as ""Red Bridge". Red Bridge is an existing concrete bridge on outer State Street located between Meadowbrook Road and Young Street. The existing structure is in very poor condition and its replacement has been anticipated for several years. The project will involve construction of a new bridge in the same general location but to provide better alignment with the Penjajawoc Stream. It will also remove some ledge in the channel under the bridge which is an impediment to fish passage. Construction of the new structure will extend beyond the existing right-of-way limits of Route 2 and therefore, MDOT needs to acquire additional right-of-way. The additional R/W will impact several properties, including a parcel owned by the City (R71, Lot 40). R71-40 is a triangular shaped vacant parcel with depressed topography located between State Street and the Railroad. It is lightly wooded with depressed topography located in the flood zone and is not a buildable lot. Attached is a copy of the Assessor's map and photos of the area. MDOT has the statutory authority to take land for highway right-of-way or construction. MDOT will acquire approximately 0.10 acres of R71-40 as permanent right-of-way plus grading and construction rights encompassing another 0.12 acres. MDOT has offered to pay the City $1,500.00 for the taking, which is the assessed value for the full parcel. The City can either accept or reject this offer. If it is rejected, then MDOT still acquires the land and rights by a date certain. The only appeal process is for the amount of compensation, with final judgment resting with the State Board established for making such determinations, based on an actual appraisal, etc. Staff recommends acceptance of the $1,500.00 offer. "V {' :v ` �M .�'+'1 t -S .'•-^:%.t1','� iFia�i:'''h' .. lAdab:14. '714 a� A tW :% Q` 6.'s H l.. ! T [ �J (�''.11.R7A4 X� yQ 3 ry U €9 As, n 4.44 As yA° j.6°Ji g 550 A .465 E N U E as Q eq tat 26+ .ptO u �. 6; ® -. .. -419. AS S79 MOUNT Y; HOPE CEMETER STATESo m At 26.3 AE_ a Z cr .. c At! p � a•�...+•-J. ISAf t 3XA4 395 / /^� O r O �-•i ' Il0 E T � 2 AS 1 22 sam •o ® ;.� a�+`.' f .= .� .66A-' 7Mt6�9 M w ~ ® � ��J � �y /�4'�•'to�s..a.�� . ��' ?ENOBSC07 RfVfR t +♦♦•��«)� a � / l C:' 6S� �• •�J u r n )Asa ti Q e `3i`A ' E T ...k4' i k'• iT T 5 • BREWER 71 L U VY 1V: DtUN%JVJ% PRN J 15O.: 15090.00 g 13 6 PARCEL NO.: 1 OWNER(S): City of Bangor ADMINISTRATIVE ACQUISITION OFFER LETTER AND SETTLEMENT AGREEMENT Project No.: 15090.00 PIN: 15090.00 Municipality: Bangor ParceUltem No.: 1 Owner(s): City of Bangor The Maine Department of Transportation wishes to inform you of a planned transportation project in Bangor, Maine. A portion of your land and/or rights in your land is necessary as additional right-of-way for this project. The Right -of -Way Plan accompanying this agreement shows the land and/or rights to be acquired from you for this project. The right-of-way to be acquired from you for this project is as follows: Land in Fee (Prescriptive Easement): None Hi hest & Best Use: Add to abutter Land in Fee (Other): 0.10± ac. (1) Slope Easeraent(s): 375± s. f. (1) Temporary_Construction Rights: 940± s. f (1) Significant Im rovemen.ts: None Offerin Price: $1,500 Other Interests and/or Rights to be acquired: None The Department's representative, has provided you with a copy of the booklet, "State of Maine Department of Transportation -A Landowner's Guide to the Property Acquisition Process " which explains the process that must be followed to acquire right-of-way. The representative has attempted to answer your questions and agreed to respond to any questions that cannot be immediately answered. The Department's representative, has explained: ✓ The proposed acquisition and all construction features proposed, including changes of location, grade, drainage and slopes, and the effects on your property; ✓ The method of determining just compensation is not based on an appraisal, but an alternative procedure using land prices in the project area. If we do not reach an agreement about the value of your property to be acquired, or if you request, the Department will perform an appraisal for the proposed acquisition. IfWe, the undersigned property owner(s) and the Department agree to the following: 1. This agreement is being executed voluntarily; 2. The Department will acquire the necessary real property shown on the accompanying Right -of -Way Map, by deed or by filing a `Notice of Layout and Taking" on or before April 30,2009; 3. The Department will pay the property owner(s) (includes all record parties of interest), and the property owners) will accept, the total amount of $1,500.00 at the time of acquisition, as just compensation and full payment for the real property to be acquired; 4. The Department may terminate this agreement if the project no longer requires the acquisition of the real property shown on the Right of Way Map; 5. Project changes after the date of this agreement, which adversely impact this parcel, may void this settlement, at the option of the property owner(s). All payments made to the property owner(s) will be treated as a credit against the final amount determined to be just compensation. ✓ Accepted Date 12 OWNERS COPY .