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Home My WebLink About2004-07-26 04-240 ORDERRem No. 04-240 Dete: July 26, 2004 Rem/Subject OMer, Co mning Property Adjacent d State Street br WMrwo b Read. Responsible Department: legal The purpose of this Order is to take by eminent domain the interest in Maine Central Railroad Company's property necessary to establish a public road to the Waterworks Complex. The road is necessary in order for Shaw House and the City W proceed with renovating the Waterworks Complex into the planned 35 affordable dwellings. Manager'slCommend: 7,r.�y.�,.a .,. , awJW..'h+o..r11..�l�rlpQ.w�u..�- dp4 o n W(F4Rs45 d �"�-t'�4 f OtY Manager Assoca" Information: y Su STM aN LLl :rFT�R=1llaTin!i Legal Approval: City Solicitor Introduced for ✓ Passage _ First Reading Page _ of Referral 04-240 AS AMENDED Assigned to councilor e�vf CITY OF BANGOR (TITLE.) ORDER, Condemning Property Adjacent to State Street for Waterworks Road. Whereas, the City of Bangor owns the historic Waterworks Complex, which is located between the Penobscot River and the Maine Central Railroad along State Street; and Whereas, the City of Bangor and Shaw House Development, Inc., have entered into an agreement where Shaw House will renovate the historic Waterworks Complex for use as 35 low to moderate income housing units; and Whereas, renovating and reusing the historic Waterworks Complex will save a historic structure while providing low to moderate income housing; and Whereas, it is well-settled that providing low and moderate income housing is a public purpose as established by the following court cases and lam: Maine Stale Housing Authority v. Depositors Trust Co., 278 A.2d 699 (Me. 1971), Crommett v. City of Portland, 150 Me. 217, 107 A.2d 841 (Me. 1954), Maine Housing Authority Act, 30-A M.R.S.A. § 4801, Affordable Housing Partnership AR, 30-A M.R.S.A. § 5003, § 5006, and the federal community development findings and declarations of purpose, 42 U.S.C. § 5301; and Whereas, there is on way to access the Waterworks Complex except by crossing Maine Central Railroads tracks on land owned by the Maine Central Railroad Company, Iron Horse Park, North Billerica, MA; and Whereas, the Maine Department of Transportation has granted a public crossing over the tracks to the Waterworks Complex by way of Rail Decision RR #228-1); and Whereas, the public exigency requires the City to immediately take an casement interest in a parcel of property owned by the Maine Central Railroad Company to create the Waterworks Road to access the Waterwod¢ Complex; Whereas, the Sherwood Group prepared an appraisal of the parcel in question for the purpose of determining damages and determined that the subject parcel will not suffer lass in value, that the subject parcel encumbered with the railroad tracks has no appraisable 'value, but that an award of $500.00 is standard W rover administrative costs; and Whereas, the Maine Central Railroad Company has received at least seven day's notice of this proceeding, and notice of the layout (including the description of the proposed way) has been posted for at least seven days in two public places In the mun cipal'hy and in the Ncinity of the proposed way; Now, therefore, be ft ORDERED by Me City Council of the City of Bangor that: 1. The City Council of the City of Bangor hereby finds that Mere is public exigency requiring the taking of private property for the purpose of establishing a public right-of-way; and 2. The City Council of the City of Bangor hereby condemns by eminent domain an easement in the following described parcel for the purpose of establishing such a public right-of-way: A certain lot or parcel of larb situated in the City of Bangor, County of Penobscot, State of Maine, bounded and described as follows: Beginning at a point on the south side of the Maine Central Railroad Right of Way as shown on a plan of The European and Northern American Railway Dated June 30, 1916, sheets V1512 and V15/3 at a point opposite station 98+82, said point being ninety-seven (97) feet, more or less, easterly of the westerly corner of land of the City of Bangor as shown on a plan Ndetl "Boundary Survey of the former Barg" Water Works Property' done by Plisga & Day Land Surveyors dated June 23, 2003, projed number 91028 503; thence N 1702858" W thirty (30) feet to the south side of State St; thence N 22°31W E, by and along the south side of State St., fifty (50) feet to a point; thence 512°28'58" E thirty (30) feet W the south side of said railroad right of way; thence 5 7291'02' W, by and along said right of way, fifty (50) feet to Me point of beginning. The above description is oriented to Me Maine State Coordinate System (east zone)NAD 1927 3. The City Council of the City of Bangor has determined that the property subject to this order of condemnation is owned by the Maine Central Railroad Company, Iron Horse Park North Billerica, MA, 01862; 4. The City Council of the City of Bangor hereby determines that the "value" of the easement interest in the parcel k FNE HUNDRED DOLIARS ($500.00) and appropriates said amount for payment W Maine Central Railroad; and 5. The City Manager, on behalf of the City of Bang", is hereby authorized and directed to serve a wiry of this Order with payment of $500.00 on Maine Central Railroad in compliance with 23 M.R.S.A. 4 3023. - Assigrwd to Councilor Graf ck July 26, 3006 CITY OF BANGOR (TiT1E.) ORDER, Condemning Property Adjacent to State Street for Waterworks Road. By one a2y Councd of one Oty of isavon Whereas, the City of Bangor owns the historic Waterworks Complex, which Is located between the Penobscot River and the Maine Central Railroad! along State Street; and Whereas, the Ory of Bangor and Shaw House Development, Inc., have entered into an agreement where Shaw House will renovate the historic Waterwwl¢ Complex for use as 35 low W moderate income housing units; and Whereas, renovating and reusing the historic Waterworks Complex will save a historic structure while providing low m moderate Income housing; and Whereas, R is well-settled that providing low and moderate Income housing is a public purpose as established by the fallowing court cases and laws: Maine State Housing Authority v. Depositors Trost Ca., 278 A.2d 699 (Me. 19]1), Crommed v. City of Portland, 150 Me. 217, 107 A.2d 841 (Me. 1954), Maine Housing Authority A¢, 30-A M.R.S.A. § 4801, Affordable Housing Partnership Act, 30-A M.R.S.A. § 5003, § SOX, and the federal community development findings and declarations of purpose, 42 U.S.C. 15301; and Whereas, there is no way to access the Waterworks Complex except by crossing Maine Cental Railroad's tracks on land owned by the Maine Central Railroad Company, iron Horse Park, North Billerica, MA; and Whereas, the Maine Department of Transportation has granted a public crossing ower line tracks W the Waterworks Complex by way of Rall Derision RR #228-D; and Whereas, the pudic exigency requires the City to immediately take an easement interest in a parcel of property owned by the Maine Cenral Railroad Company to create the Waterworks Road to access the Waterworks Complex; and - Whereas, Ne Sherwood Group prepared an appraisal of the parcel in question for the purpose of determining damages and determined that the subject parcel will not suffer loss in value, that the subject parcel encumbered with the railroad tradcs have no appalsable value, but that an award of $500.00 is standard to cover administrative costs. Now therefore be it ORDERED that: 04-240 1. The City Council of the City of Bangor hereby finds that Mere is public edgmcy requiring the taking of private property for the purpose of establishing a public right-of-way; and 2. The City Council of the City of Bangor hereby condemns by eminent domain an easement in the following described parcel far the purpose of establishing such a public right- of-way: A certain lot or parcel of land situated in the City of Bangor, County of Pmobsro% State of Maine, bounded and described as follow: Beginning at a point an the south side of the Maine Central Railroad Right of Way as shown on a pian of Irre European and Northern American Railway Dated lune 30, 1916, sheets V15/2 and V15/3 at a point opposite station 98+82, said point being ninety-seven (92) feet, more or less, eastedy of the westerly comer of land of the City of Bangor as shown on a plan dtled "boundary Survey of the former Bangor Water Works Property" done by Plisga & Day Land Surveyors dared! lune 23, 2003, project number 91028 SM; thence N 1702858" W thirty (30) feet to the south side of State St.; thence N 72031'02" E, by and along the south side of Stale St., fifty (50) feet W a point; thence S 1702858" E thirty (30) feet W the south side of said railroad right of way; thence 5 22031M" W, by and along said right of way, fifty (50) feet W the point of beginning. The above description Is oriented W the Maine State Coordinate System (east zone) NAD 1922. 3. The City Counal of the Crty of Bangor has determined that the property subject to this order of condemnation is owned by the Maine Central Railroad Company, Iron Horse Park, North Billerica, MA, 01862; 9. The City Council of the City of Bangor hereby determines that the "value of the easement Interest In the parcel s P HUNDRED DDUAR5 ($500.00) and appropriates said amountfor payment to Maine Central Railroad; and 5. The City Manager, on behalf of the City of Bangor, is hereby authorized and directed W serve a copy of this Order with payment of $500.00 an Maine Central Railroad incompliance with 23 M.R.S.A. 4 3023. IN un COUNCIL July 26, 20M IbHou Made and Seconded to Postpone to a Date Certain (Aug. 9. 2006) 2, Postponed I CL IN CITY COUNCIL August 9, 2004 Motion Made and Seconded for Paeans No Comments it= the Public on, this Ieast Motion Made and Seconded to Amend by Substitution .'Notion Made and Seconded to Pass An Amended by Substitution Passed As Amended by Substitdtion TY CL M 04-260 ORDER (nTLE,)Cundemning Property Adjacent to State Sneer for Waterworks Road assignee to coundior (9/ Aw