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.
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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 .