Pennsylvania coastal zone management program Bayfront bikeway development project - phase I : final report : City of Erie, Erie County, Pennsylvania

[From the U.S. Government Printing Office, www.gpo.gov]

PENNSYLVANIA COASTAL ZONE MANAGEMENT PROGRAM

BAYFRONT BIKEWAY DEVELOPMENT PROJECT PHASE I
FINAL REPORT

CITY OF ERIE
ERIE COUNTY, PENNSYLVANIA

Prepared By:

ERIE COUNTY DEPARTMENT OF PLANNING
December 31, 1993

DER GRANT/CONTRACT NO. - CZ1:92.01PE
GRANT TASK NO. CZ1:92PE.05
HE NO. 92269

A REPORT OF THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL
RESOURCES TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
PURSUANT TO NOAA AWARD NO. - NA270Z0335-01

COASTAL Funded and Coordinated NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
through Department of Environmental Resour
sus, Office of Resources Management Bureau NOAA
of Resourses Managament, Division of Coast-
PENNSYLVANIA at Zone Management and the Eric County De U.S DEPARTMENT OF COMMERCE
partment of Planning.
ZONE

This project was financed in part through a federal Coastal Zone
Management Grant from the Pennsylvania Department of Environmental
Resources with funds provided by NOAA. The views expressed herein
are those of the author(s) and do not necessarily reflect the view
of NOAA or any of its subagencies.

BAYFRONT BIKEWAY DEVELOPMENT PROJECT PHASE I
CITY OF ERIE
ERIE COUNTY, PENNSYLVANIA

FINAL REPORT
December 31, 1993

The preparation of this report was funded and coordinated through
the Pennsylvania Department of Environmental Resources, Bureau of
Land and Water Conservation, Division of Coastal Programs, and the
Erie County Department of Planning.

1ZL.

TABLE OF CONTENTS

SECTION PAGE NO.

Project Location/Background ........................ 1

2. Scope of Work ...................................... 3

3. Pre-Construction Photographs ........................ 5

4. Construction Photographs ............................ 9

5. Final Project Photographs .......................... 12

6. Permits and Approvals .............................. 18

7. Easement Agreement ................................. 22

8. As-Built Drawings .................................. 28

MAPS PAGE NO.

1. Site Location Map .................................. 2

1. Project Location/Background

The Bayfront Bikeway is a two-way, 10 foot wide improvement located
on the north side of the Bayfront Parkway in the City of Erie.
According to the specifications developed as part of the CZM-f unded
Bayfront Bikeway Design Project (FY 1991), the bikeway route begins
at West 6th and Cranberry Streets, runs along Cranberry Street to
the Bayfront Parkway, and then extends eastward along the north
side of the Bayfront Parkway, a distance of 1.5 miles to State
Street. The west end of the bikeway links with an existing bikeway
which originates at Presque Isle State Park, thereby connecting
that natural resource with Erie's scenic bayfront and the central
business district.

Due to conflicting construction activities between the bikeway and
three private development projects along that section of the
bikeway route between Cranberry Street and Perry's Landing, the
City of Erie requested and received CZM approval on a two-phase
approach to the project. Phase I, which was completed as part of
the FY 1992 CZM Grant, begins at West 6th and Cranberry Streets,
runs along Cranberry Street to the Bayfront, at which point it
terminates. Phase I then resumes at Perry's Landing and extends
eastward along the north side of the bayfront Parkway to State
Street (see Site Location Map) . Phase II, which is scheduled to be
completed as part of the FY 1993 CZM Grant, will link the two
segments of the bikeway which were completed as part of the Phase
I project effort. Phase II will begin at the intersection of
Cranberry Street and the Bayfront Parkway and extend eastward along
the north side of the Bayfront Parkway to Perry's Landing. The
entire bikeway route, except for that section along Cranberry
Street, has been identified as a Geographic Area of Particular
Concern (GAPC) within the Lake Erie Coastal Zone as included in the
State's adopted Coastal Zone Management Program. (Note: The
section of the bikeway along Cranberry Street was funded entirely
by the City of Erie). The bikeway traverses through areas
primarily made up of residential, industrial, and marine-related
uses.

The bikeway was developed through a unique public-private
partnership which included the PA DER Division of Coastal Programs,
the City of Erie, the County of Erie, the Bayfront Access and
Beautification Organization (BABO), Citadel Development
Corporation, Integra Bank, and many other organizations. The
original plans for the bikeway called for all construction to take
place within the right-of-ways of the Bayfront Parkway and
Cranberry Street. However, with the assistance of BABO and the
adjacent property owners, namely Citadel Development Corporation
and Integra Bank, an aiternate bikeway route was developed which
meanders outside the right-of-way onto private properties via
easements. BABO executed easement agreements with both Citadel
Development Corporation and Integra Bank and subsequently
transferred the easement rights to the City of Erie. The easements
were obtained for the following sections of the bikeway:

BAYFRONT BIKEWAY DEVELOPMENT PROJECT - PHASE 1

SITE LOCATION MAP

BIKEWAY ROUTE

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I Along the north side of the Bayf ront Parkway between Cranberry
Street and Perry's Landing on lands owned by Citadel
Development Corporation (Phase II).

2. Along the north side of the Bayfront Parkway between Perry's
Landing and Cherry Street on lands owned by Integra Bank
(Phase I).

During Phase I, two sections of the bikeway were constructed within
public road right-of-ways: the section along Cranberry Street and
the section along the Bayfront Parkway from Cherry Street to State
Street. It should be noted that the City of Erie is not a fee
simple owner of these properties. However, the City does have
right-of -ways covering the properties which are controlled in trust
for the general public. The law in Pennsylvania states that where
lots are sold with streets as boundaries, the fee simple interest
to the center of the street passes to the purchasers. However, the
municipality is given a right-of-way and such right-of-way exists
as long as the municipality uses the right-of-way for the purpose
so dedicated. Therefore, the City of Erie does have significant
property rights in the Cranberry Street and Bayfront Parkway right-
of-ways and will maintain such rights as long as the streets are
used as public right-of-ways.

2. Scope of Work

The construction activities associated with the Bayfront Bikeway
Development Project - Phase I were started in October 1993 and
completed in December 1993 with funds provided by the PA Department
of Environmental Resources Coastal Zone Management (CZM) Program
and the City of Erie. The total project cost was $141,481, with
the CZM share being $50,000. Specific activities which took place
during the completion of this project effort includ6d:

1. Final Proiect Specifications and Engineering Drawings -
Completed by the City of Erie in December 1992.

2. Delays in obtaining permits and approvals - The bid opening
was delayed for several month as the City of Erie attempted to
get the necessary approvals from the Pennsylvania Historical
and Museum Commission (PHMC) and the Erie County Conservation
District. Approval letters were submitted by the PHMC and the
Conservation District on March 2, 1993 and June 30, 1993,
respectively. Because of these delays, CZM approved a
contract extension through December 31, 1993 in order to give
the City of Erie additional time to complete the project.

3. Easement Agreements - The Bayfront Access and Beautification
Organization (BABO) had been working for a number of months
with the Division of Coastal Programs (DCP), the Erie County
Department of Planning, the City of Erie, Citadel Development
Corporation, and Integra Bank to finalize the easement
agreement language. By mid-August 1993, the draft language

agreement language. By mid-August 1993, the draft language
was acceptable to all parties, and the City was given
permission to schedule a bid opening. (Note: The final
easement agreement between the City of Erie and BABO was dated
November 30, 1993).

4. Bid Opening - The City of Erie held an official bid opening
for the construction activities on August 17, 1993. The low
bidder was the Joseph McCormick Construction Company.

5. Prolect Administration - During the next several weeks, the
City of Erie, the DCP, and the Erie County Department of
Planning finalized all paperwork in conjunction with this
project effort. A notice to proceed with construction
activities was issued on October 1, 1993.

6. Proiect Phasing - Due to conflicting construction activities
between the bikeway and three private development projects,
the City of Erie submitted a letter to the Erie County
Department of Planning on November 3, 1993 which requested DCP
approval of a two-phased approach to the project. Phase I
would be completed by December 31, 1993 as part of the current
contract and Phase II would be completed in the Spring of 1994
under the FY 1993 CZM Grant. The DCP subsequently approved
this request.

7. Completion of Construction Activities - The Joseph McCormick
Construction Company started the Phase I construction
activities in October 1993 and completed the project by the
December 31, 1993 contract deadline. Specific construction
activities which were undertaken as part of this project
effort included.

Construction of a concrete bikeway along the west side of
Cranberry Street from West 6th Street to the Bayfront
Parkway.

Construction of a meandering asphalt bikeway along the
north side of the Bayfront Parkway from Perry's Landing
to Sassafras Street. (Note: Bikers will be directed
onto the north shoulder of the Bayfront Parkway between
Sassafras Street and State Street on an interim basis
until the Erie-Western PA Port Authority completes Phase
III of the Bayfront Bikeway through Wolverine Park).

Curb cuts were installed and catch basins were adjusted
as needed.

Tree plantings and final landscaping.

Final project sign will be installed upon completion of
the Phase II construction activities.

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3. PRE-CONSTRUCTION PHOTOGRAPHS
I BAYFRONT BIKEWAY DEVELOPMENT PROJECT - PHASE I
SEPTEMBER 1993
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1. Northward view along Cranberry Street at West 6th Street.1 Sept. 1993@ 2. Southward view along the west side of Cranberry Street.1

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4. Eastward view along the north side of the Bayfront Parlway at thel
3. View of the intersection of Cranberry Street and the Bayfront Parkway.. entrance to Perry's landing.

5. Westward view along the Bayfront ParIzvay at Liberty Street.1 SePt. 19931 6. Westward view along the Bayfront Parkway at Cherry Street.1

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7. Eastward view along the Bayfront Parkway at Cherry Street. 8. Westward view along the Bayfront Parkway at the Chestnut Park'
Boat Launch Rmnp.

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OD) 9. Westward view along the Bayfront Parkway at Water Works Road. 10. Eastward view along the Bayfront Parkway at Water Works Road.1
Se 19931

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11. westward view along the Bayfront Parkway at Sassafras Street.1 12. Westward view along the Bayfront Parkway at State Street.1

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4. CONSTRUCTION PHOTOGRAPHS
I BAYFRONT BIKEWAY DEVELOPMENT PROJECT - PHASE I
OCTOBER 1993
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B
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AYFR N4Y W"
APROJECT FUNDED BY THE
COASTAL ZONE MANAGEMENT PROGRAW
US DOWMW OF @7
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COMRM COMMEAUH OF POMMW

LOCAL SPONSORS
Nalknal Ocean semce
Oty of Erie
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ofte at Ocem a Cmsw RrAm managenwo Erie County De Tnent
DeWment
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JoSePh McCorrnick COnstrWion Company, Inc,
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14. View of the graded bikeway route along the west side of
13. Construction sign which was erected at the project site. Oct. 1993
Cranberry Street.

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J5. The Joseph McCormick Construction Caripany begins grading the '16. Eastward view of the bikeway route along the Bayfront Parkway
bikeway route near the entrance to Perry's Landing. upon ccmpletion of grading activities.

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M. Construction of the concrete curbs along Cranberry Street. loct. 1993 18. Workers construct the concrete sidewalk along Cranberry Street.

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119. Asphalt is used to construct the bikeway between Perry's 120. Steam rollers are used to ccqmct the asphalt east of Water
Landing and Sassafras Street. Works Road.

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5. FINAL PROJECT PHOTOGRAPHS
I BAYFRONT BIKEWAY DEVELOPMENT PROJECT - P"SE I
DECEMBER 1993
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21. Westward view of the existing bikeway along the south side Dec. 1993 22. The new bikeway connects to the existing bikeway at the
of West 6th Street. intersection of West 6th and Cranberry Streets.

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23. Northward view of the new concrete bikeway on the west side 24. Northward view of the concrete bikeway and curb cut at the
of Cranberry Street. intersection of West 5th and Cranberry Streets.

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25. Northward view of the concrete bikeway as it approaches 26. Southeast view of the concrete bikeway and curb cut at the
the Bayfront Bikeway. Dec. 1993 intersection of Cranberry Street and the Bayfront Parkway.

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27. Fastward view of the new asphalt bikeway along the Bayfront 28. 'Westward view of the bikeway at the entrance to Perry's Landing.
Parluay at the entrance to Perry's Landing.

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29. Westward view of the bikeway at Liberty Street.! Dec. 1993 30. Eastward view of the Bikeway at Liberty Street.'
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31. Westward view of the bikeway at Cherry Street. 32. Eastward view of the bikeway at Cherry Street.

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33. Eastward view of the bikeway at the foot of Walnut Street. 34. Eastward view of the bikeway adjacent to the Chestnut Park
01 Dec. 1993
Boat launch Ramp.

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35. westward view of the bikeway adjacent to the Chestnut Street 36. Eastward view of the biReway at Water works Road.
Water Filtration Plant.

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37. Westward view of the bikeway adjacent to GAF Corporation. Dec. 1993 38. Westward view of the bikeway at Sassafras Street.'

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39. Eastward view of the bikeway at Sassafras Street. 40. View of the trees and landscaping adjacent to the bikewaY.,

6. PERMITS AND APPROVALS

The City of Erie obtained the following permits and approvals in
conjunction with the Bayfront Bikeway Development Project - Phase
I:

1. A March 2, 1993 letter from the Pennsylvania Historical and
Museum Commission stating that the project will have no
adverse impact on historic or archeological resources.

2. A June 30, 1993 letter from the Erie County Conservation
District approving the City of Erie's Soil Erosion and
Sediment Pollution Control Plan for the project.

1. PHMC Approval Letter:
No Adverse Impact
Commonwealth of Pennsylvania
Pennsylvania Historical and Museum Commission
Bureau for Historic Preservation
Post Office Box 1026
Harrisburg, Pennsylvania 17108-1026

March 2, 1993

Ronald J. Desser
City of Erie
Bureau of Planning and Development
Room 404
626 State Street TO EXPEDITE REVIEW USE
Erie, PA. 16501 BHP REFERENCE NUMBER
RE: ER #92-3940-049-D
CZM, Bayfront Bikeway
Construction Project, City of
Erie, Erie County

Dear Mr. Desser:

The above named project has been reviewed by the Bureau for
Historic Preservation (the State Historic Preservation Office) in
accordance with Section 106 of the National Historic Preservation
Act of 1966, as antended in 1980, and the regulations (36 CFR Part
800) of the Advisory Council on Historic Preservation. These
requirements include consideration of the project's potential
effect upon both historic and archaeological resources.

Based on the available information, there are no National
Register eligible or listed historic or archaeological properties
in the area of this proposed project and therefore, this project
should have no effect upon such resources. Should you become
aware, from any source, that historic or archaeological
properties are located at or near the project site, please
telephone the Bureau for Historic Preservation at (717) 783-8946.

Sincerely,

Kurt W. Carr, Chief
Division of Archaeology
and Protection

KWC /ss

2. Conservation District Approval Letter:
E & S Plan

12723 ROUTE wATERFORD. PA 16441 - PHONE (814) 796-4203

250019366
TO: City of Erie
Mark Kukla - City Engineering June 30, 1993
626 State St.
Erie., PA 16SO1
RE: Bayfront Bikeway, City of Erie, Erie County

SUBJECT: SOIL EROSION & SEDIMENT POLLUTION CONTROL PLAN

The plan has been reviewed and is adequate to meet the requirements of
PA TITLE 25, Chapter 102, Erosion Control.

The Conservation District has reviewed this plan solely to determine
whether it is adequate to satisfy the requirements of 25 PA Code 102.1
et. seq., the Erosion Control Regulations of the Department of Environ-
mental Resources. By a determination that the plan is adequate to meet
those requirements, neither the Conservation District nor the County
assumes any responsibility for the implementation of the plan or the
proper construction and operation of the facilities contained in the
plan. The design, structure integrity, and installation of the control
measures are the responsibility of the landowner and/or the earthmover.
Before any construction or earthmoving may begin the appropriate and
necessary local, state and federal ermits must be secured from the
_p
agency having specifiF'-p-er-m--itt'i-n-g-'authority.

A copy of the Soil Erosion and Sediment Pollution Control Plan must be
available at the site of the earthmoving activity during construction
and until the site is stabilized.

Comments on this plan are enclosed (See page 2).

Your Conservation District stands ready to assist you in solving your
conservation problems. If you have any questions regarding this or any
other projects, please contact our office at the above address and
telephone number.

Sincerely,,,

lqi 11 i am F. Staph
District Technician
FRIE CO. CONSERVATION DISTRICT

CONSEnVATION 0FVrL0PMFN1 - IF[ F G0VFnNMFNT

COMMENTS

1. A copy of the approval letter and the Soil Erosion & Sediment
Pollution Control Plan must be kept on site at all times during
construction.

2. You must notify the Conservation District (in writing) 5 days
prior to the start of earthmoving project.

3. The Soil Erosion & Sediment Pollution Control Plan must be
made available upon request of an inspector from the Department
of Environmental Resources, Conservation District, or the Fish
Commission.

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7. EASEMENT AGREEMENT
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EASEMENT AGREEMENT

THIS EASEMENT is made on November_,W,), 1993, by and between

BAYFRONT ACCESS AND BEAUTIFICATION ORGANIZATION, INC. (THE "OWNER")

AND THE CITY OF ERIE (THE "CITY").

The reasons for this Easement Agreement are as follows:

A. The Owner owns property, or has easements on property and

desires to give an easement, the dimensions and location of which

are described on Exhibit A attached.

B. The easement shall include both a temporary and a

permanent easement, each of which shall have the characteristics

stated in this Agreement.

C. Both parties desire a written statement of their

understanding.

NOW, THEREFORE, intending to be legally bound, the Owner does

hereby give and grant to the City and its assigns, and the City and

its assigns hereby accep t a nonexclusive easement for walking,

running, biking, skating and similar recreational activities.

The easement shall have the following characteristics:

1. Temporary Easement. The temporary easement shall be for

construction of a foot path and associated landscaping across the

Owner's property as described in Exhibit A. The easement will be

30-feet wide with the centerline of the easement being the

centerline of the path. The 30-foot temporary easement shall begin

on the date of the execution of this easement and shall continue

until December 31, 1995, or until the path and associated

landscaping are completed, whichever occurs first. If the path is

not completed by December 31, 1995, this Easement Agreement shall

terminate automatically without any further documents being filed

of record.

2. Permanent Easement. The permanent easement shall be for

the use and maintenance of a foot path across the Owner's property.

The easement shall be as described in Exhibit..A and have a depth

of 12-inches from the top of the surface of the path. The easement

shall be for walking, running, biking, skating and similar

recreational uses only. It shall not include the right to place

trash cans, vendor carts, picnic tables, park benches, signs and

other similar uses on the easement. It shall not include the use

of the landscaped area outside of the defined area of the permanent

easement.

3. The Owner's Reserved- Rights. The Owner reserves the

right to change the location of the easement after the date of

execution of this Agreement. The Owner shall pay the cost of

moving the foot path in the easement and the design of the new foot

path shall be of the same quality and be reasonable in relation to

the foot path within the easements on adjacent properties. The

design shall be consistent with a meandering foot path through a

landscaped area along the Bayfront Parkway. The relocation

easement shall remain accessible to the public as described in

Section 2 of this Agreement. If the location of the easement is

to be changed, the Owner and the City will amend this Agreement in

writing accordingly. The amendment shall include a sketch plan

which identifies the new location of the easement.

4. Maintenance. The City shall maintain, at its expense,

the concrete or asphalt surface of the foot path within the

permanent easement.

5. indemnification. The City acknowledges that it has

received the easement for the good of the general public, and that

it has a primary duty to maintain the paved surface actually to be

used by the public. Therefore, the City hereby agrees to

indemnify, save and hold harmless, the owner from any and all

liability claims or causes of action of law or in equity including

attorney's fees and court costs arising from the actual usage by

the public of the pathway within the easement granted herein. The

city, however, does not agree to so indemnify, save and hold

harmless the owner from the consequences of owner's willful acts

or omissions; nor does the City accept any liability for any

environmental hazards which may be discovered during the

construction or use of the easement, unless actually created by the

City. Owner, therefore agrees to indemnify, save and hold harmless

the City from all such suits, claims and actions as aforesaid

including attorney's fees and court costs. Owner further agrees

to make periodic visual inspections of the pathway under

construction and to make prompt reports to the City regarding any

obvious or reasonably discoverable defects or hazards which should

be repaired by the City.

6. Arbitration. If the City fails to maintain or if the

public or the City use the easement in a way inconsistent with the

original purposes of the easement, then the Owner may request

arbitration of the issue by written notice to the City.

Thereafter., the arbitration shall take place in Erie County in

accordance with the Compulsory Arbitration Rules of Erie County,

Pennsylvania and the award of the arbitrators, which may include

and injunction or declaratory relief, shall be final and binding

on the parties.

7. MISCELLANEOUS.

a) This is the entire agreement between the parties.

It may not be amended by an oral agreement or a course of conduct.

It may only be amended by a written agreement.

b) This agreement shall be binding upon the parties and

their assigns.

IN WITNESS to this Agreement, we fix our signatures and seals

on August_, 1993.

BAYFRONT ACCESS AND BEAUTIFICATION
ORGANIZATION, INC.

By_
'Je*ff Gault

THE CITY OF ERIE

By@:@ 0_@4@Zj;=A
1:16yce SaVocchio, Mayor

DESCRIPTION OF EASEMENT

TEMPORARY EASEMENT - All areas shown within the "Limit of
Landscape" on drawings numbered 4-CC-4390, Sheets L-1
through L-3, from Station No. 165+90 to 189+70 on f ile in
Room 400 Municipal Building, 626 State Street, Erie, PA -
The City Engineer's Office.

PERMANENT EASEMENT - All areas showing the placement of
the Bikepath, Alternative A, on drawings numbered 4-CC-
4390, Sheets 5 through 8, from Station No. 148+50 to
187+50, on file in Room 400 Municipal Building, 626 State
Street, Erie, PA The City Engineer's Office.

EXHIBIT A

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8. AS-BUILT DRAWINGS
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NOAA COASTAL SERVICES CTR LIBRARY
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