Pennsylvania coastal zone management program Bayfront bikeway development project - phase II : 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 II
FINAL REPORT

CITY OF ERIE
ERIE COUNTY, PENNSYLVANIA

Prepared By:

ERIE COUNTY DEPARTMENT OF PLANNING
September 30, 1994

DER GRANT/CONTRACT NO. - CZ1:93.01PE
GRANT TASK NO. CZ1:93PE.08
ME NO. 93229

A REPORT OF THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL
RESOURCES TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
PURSUANT TO NOAA AWARD NO. - NA370ZO351

COASTAL Funded and Coordinated NATIONAL OCEANIC AND ATMOSPHERIC ADMINSTRATION
through Department of Environmental Resour-
ses, Office of Resources Management, Bureau NOAA
PENNSYLVANIA of Resourses Management, Division of Coast
al Zone Management and the Erice 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 II
CITY OF ERIE
ERIE COUNTY, PENNSYLVANIA

FINAL REPORT
September 30, 1994

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.

TABLE OF CONTENTS

SECTION PAGE NO.

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

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

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

4. Construction Photographs ............................ 7

5. Final Project Photographs .......................... 10

6. Permits and Approvals .............................. 15

7. Easement Agreement ................................. 19

8. As-Built Drawings .................................. 25

MAPS PAGE NO.

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

1. Proiect Location/Background

The Bayfront Bikeway is a two-way, 10 foot wide improvement located
on the north side of the Bayf ront 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 Parkway, 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. Phase II, which was completed as part of the FY 1993 CZM
Grant, links the two segments of the bikeway which were completed
as part of the Phase I project effort. Phase II begins at the
intersection of Cranberry Street and the Bayfront Parkway and
extends eastward along the north side of the Bayfront Parkway to
Perry's Landing (see Site Location Map). Grass seeding for the
entire Bayfront Bikeway Project (Phase I and Phase II) was
completed as part of the Phase II project effort. It should also
be noted that the Phase II project site 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.

As noted in the Phase I project report, 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 alternate 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 2

SITE LOCATION MAP

BIKEWAY ROUTE

W-c:'
W-C

Ik'

R-5
PRd MILK* hy

T I R-1
c-
Liu "I
EJ,
M-2 I R-3 T-I

T- 1111
L 44, cif: 6@)ll
C-1 A r----b R-2
T

L At, - - - - - - - - -ju
C-1 c
77-1-
m L-J- I R - 1% 'p
- F.,
0 1

M-1
T-1 C7
4

--- C-4:
ID
T-1

411 LZIF
. r
k R 3-
lp
X
Ir
, le,

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

2. Along the north side of the Bayfront Parkway between the
entrance to the Niagara Pointe Subdivision and the entrance to
Niagara Pier on lands owned by Citadel Development Corporation
(Phase II).

During Phase II, two sections of the bikeway were constructed
within public road right-of-ways: the section between Cranberry
Street and the entrance to the Niagara Pointe Subdivision and the
section between the entrances to Niagara Pier and Perry's Landing.
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
vering the properties which are controlled in trust for the
general public. The law in Pennsylvania states that where lots are
co

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 Bayfront Parkway right-of-way and will
maintain such rights as long as the street is used as a public
right-of-way.

2. Scope of Work

The Bayfront Bikeway Development Project - Phase II construction
activities started in May 1994 and were completed in September
1994. The funds used to complete Phase II were provided by the
City of Erie as part of the required cash match for the entire
project (Phase I and Phase II). The total Phase II cost was
$30,400. Specific activities which took place during the
completion of this project effort included:

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

2. Easement Agreement - The final easement agreement between the
City of Erie and the Bayfront Access and Beautification
Organization was dated November 30, 1993.

3. Permits and Approvals - The City of Erie obtained the
necessary approvals from the Pennsylvania Historical and
Museum Commission and the Erie County Conservation District on
March 2, 1993 and June 30, 1993, respectively.

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. Project 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 FY 1992
contract and Phase II would be completed by September 30, 1994
under the FY 1993 CZM Grant. The DCP subsequently approved
this request.

6. Construction Activities - The Erie County Department of
Planning issued a notice to proceed with Phase II construction
activities on May 9, 1994. The Joseph McCormick Construction
Company started construction in May 1994 and completed the
project by the September 30, 1994 contract deadline. Specific
construction activities which were undertaken as part of this
project effort included.

- Construction of a meandering asphalt /concrete bikeway
along the north side of the Bayfront Parkway from
Cranberry Street to Perry's Landing.

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

- Final landscaping.

- Final project sign was erected along the bikeway at
Chestnut Park.

1.
I
I
I
I
I
I
3. PRE-CONSTRUCTION PHOTOGRAPHS
I BAYFRONT BIKEWAY DEVELOPMENT PROJECT - PHASE II
MAY 1994
1
1
1
1
I
I
I
I
I
I
5
1

_7'i
M_ 7,1
4-

-not

Eastward view along the north side of the Bayfront May 2. Westward view along the north side of the Bayfront
Parlway immediately adjacent to Cranberry Street. 1994@ parkway.

Jf,

-7i

-7-

t-ItI-W _Ml
'12 W411

3. View along the north side of the Bayfront Park%ray 4. Eastward view along the Bayfront Parkway immediately
east of the Niagara Pointe subdivision entrance. adjacent to the Niagara Pier entrance.

I
I
I
I
I
I
1

4. CONSTRUCTION PHOTOGRAPHS
I BAYFRONT BIKEWAY DEVELOPMENT PROJECT - PHASE II
JUNE - AUGUST 1994
1
1
1
1 .
I
I
I
I
I
I
7
1

BAYFRONT 81
KEWAY
A PRWECT FUNDED BY THE tM
tDASAL7jDNEMAKAGENIEKI------
710 -.X -,COMMONWEALTH OF FENNSYVW F
U& DEPARTMENT OF COMMERCE
10.09@ -D.dF I
LOCAL SPONSORS
ow S.- Ofty of Eft 4t
EIW C*WtV
OMM-t-ft
or-doWAG."

W L

15. Construction sign which was erected at the project site. iune-August'@ 6. View of the graded bikeway along the north side of the
1994 Bayfront Parkway near Cranberry Street,facing west.

b
e,
71

"9
7-Z-
AWS
n-k v

7. view of the graded bikeway along the north side of the 8. View immediately adjacent to Niagara Pier entrance,
Bayfront parkwayjacing east. facing west.

= = = = = M = = = = = = M = = = M M =

71 7% 7 71

7.
IA

r. 9_1 W-7.

A-
-:7- -

9. Eastward view of the graded bikeway along the north side of June-August; 10. View along the Bayfront Parkway upon completion of grading
the Bayfront Parkway between the Niagara Pier entrance and 1994 activities,facing west.
the Perry's landing entrance.

A:*

11. The Joseph McCormick Construction company workers survey
the bikeway route after grading was completed.

I . I
I
I
I
I
I
1

5. FINAL PROJECT PHOTOGRAPHS
I BAYFRONT BIKEWAY DEVELOPMENT PROJECT - PHASE II
SEPTEMBER 1994
1
I
I
I
I
I
I
I
I
I
10
I

7 -77-7

BAYFRONT BIKEWAY
PHASE 4 AND 11
WEST 6TH AND CRANBERRY STREETS TO STATE STREET

A PROJECT FUNDED BY THE
COASTAL ZONE MANAGEMENT PROGRAM
U. S. DEPARTMENT OF COMMERCE COMMONWEALTH Of PENNSYLVA:-14
NATIONAL OCEANIC AND DEPARTMENT OF ENVIRONV.Erflt@'
ATMOSPHERIC ADMINISTRATION RESOURCES
LA
NATIONAL OCEANIC SERVICE
LOCAL SPONSORS:

OFFICE OF OCEAN AND COASTAL - CITY OF ERIE
RESOURCE MANAGEMENT - ERIE COUNTY DEPARTMENT
OF PLANNING

i993 1994

12. The final project sign to the Bayfront Bikeway was erected September113. View of the concrete bikeway and curb cut across from
at Chestnut Park. 1994 Cranberry Street.

1--4 1.4
7
Z-@

90-

F2
@ e-t
EL

14. Northwest view of the bikeway from the intersection of 15. Westward view of the bikewaY at the Niagara Pointe Subdivision entrance.
Cranberry Street and,the Bayfront Parkway.

16. Beginning of the asphalt section of the bikeway imediately east of Sept 17. Eastward view of the asphalt section of the bikeway.
Niagara Pointe Subdivision entrance. 1994

18. Asphalt section of the bikeway along Cascade Greek between 19. Asphalt section of the bikeway connecting into the Niagara Pier Parking
Niagara Point Subdivision and Niagara Pier, facing east. lot,facing-west.

6AU na
AM

A7@ A*m.L

ZA@
70

20. Concrete bikeway adjacent to Niagara Pier,facing west. Sept. 21. Concrete bikewaY adjacent to Niagara Pier,facing east.
1994

jig
tc

22. View of the concrete bikeway adjacent to the Perry's landing entrance, 23. View of the concrete bikeway adjacent to the Perry's Landing entrance,
facing west. facing east.

ZIMP

_71 -

24-The Bayfront Access and Beautification organization. gathered volunteers Sept Volunteers are busy spreading compost material along the bikeway route
.01 and materials to do the landscaping along the Bayfront Bikeway. 1994

U imp
A

26. landscaping equipment is being used to move the compost material 27. View of the landscaping activities adjacent to the bikeway.
along the bike%mY route.

6. PERMITS AND APPROVALS

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

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. PHKC Approval Letter:
No Adverse Impact
Conunonwealth of Pennsylvania
Pennsylvania Historical and Museum Commission
Bureau for H4toric Preservation
Post Office Box 1026
Harrisbur& Pennsylvania 1710&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, Ph 16501 SHP REFERENCE NUM13ER
RE: ER #92-3940-049-D
CZM, Bayfront Bikeway
Construction Project,. City of
Dear Mr. Desser: Erie, Erie County

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,

Nurt W. Carr, Chief
Division of Archaeology
and Protection

KWC/ss

Erie County Conservation District
2. Conservation Qistrict Approval Letter:
E & S Plan

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

TO: City of Erie 250019366
Mark Kukla - City Engineering June 30, 1993
626 State St.
Erief PA 16SO1
RE: BayfTont 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 specif iF* -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 contac@ our of.-fice at the above address and
telephone number.

Sincerely

I iliam F. Staph
District Technician
ERIE CO. CONSERVATION DISTRICT

cow;rnVATION I)FVFLr)PMFNI - SF1 F G0VrnNNiFNT

COMMUTS

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.

I
I
I
I
I
I
I
7. EASEMENT AGREEMENT
I
I
I
I
I
I
I
I
I
I
I
1 19

EASEMENT AGREEMENT

THIS EASEMENT is made on November-W21 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. Temmorary 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 f or

the use and maintenance of a f oot path across the Owner I s property.

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

of 12-inches from the top of the surf ace 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 an the easement. It shall not include the use

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

easement.

3. The Owner I 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 footpath 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

easem ent 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 f rom 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 attor-ney's fees and court costs. 0,.v-ne-- 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 f ails to 7naintain 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 f ix our signatures and seals

on August 1993.

BAYFRONT ACCESS AND BEAUTIFICATION
ORGANIZATION, INC.

BY_
"'Je'ff Gault

THE CITY OF ERIE

By@=@ 4Z-,@
-16yce SaVocchio, Mayor

DESCRXPTION OF EASEMENT

TE24PORARY 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 file 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

I- - . --l
I
I
I
I
I
I ,

8. AS-BUILT DRAWINGS
9
I
I
I
I
I
I
I
I
I
1
25
1

NOAA COASTAL SERVICES CTR LIBRARY

3 6668 14111676 6