[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.

















      ki












                                   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







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          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.



                                              3









         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.

































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                          3. PRE-CONSTRUCTION PHOTOGRAPHS
 I                BAYFRONT BIKEWAY DEVELOPMENT PROJECT - PHASE II
                                     MAY 1994
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                                         4-



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                                                    -not


                                                                                                                        7"


          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,


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                                                                                                                                                   '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.




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



                                           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.




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                                                                                                                                                                71






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         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.



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               71               7%          7 71















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                                                   r. 9_1 W-7.

                                         A-
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     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:*


                                                                                            i5






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



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






                                                                                                                                                                                                                              A






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        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.






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                                                             AM


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                                                                                                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


                                                                                                                  7












                                                                                                                                    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.























                                        15





                                 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










                                       16



                                                          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



                                         17














                                       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.


















































                                          18




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                             7. EASEMENT AGREEMENT
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                                  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




                                          20










         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






                                          21









         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.




                                       22








              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








                                         23










                               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









                                          24




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                             8. AS-BUILT DRAWINGS
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                                       25
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