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HomeMy WebLinkAbout1997-12-08 98-42 ORDERCOUNCIL ACTION Dao: December 8, 1997 Item No.: 98-62 Item/Subject: Directing City Engineer to Discontinue Carver Street Between Buck Stuart and Lincoln Street Responsible Department: Engineering Commentary: The portion of Carver Street between Buck Street and Lincoln Street was laid out and accepted as a public way in 1956, but has not hen constructed or maintained by the City. Under these circumstances there is a presumption of abandonment by State statute. We have received a petition (copy attached) from the four property ownws abutting this right-of-way requesting that the City take action to formally discontinue the fight -of -way. There does not appear to be any public need or purpose to retain this particular rightof--way; therefore discontinuance is recommended. The attached Council Order is the that step in the discommustrnce process, and directs the City Engineer to provide formal notice of intern, conduct a public hearing, and report findings and recommendations to the City Council. A second Council Ord, on take action with respect to the City Engineers recommendations and complete the disc ui Ivtce Freee�{ rJ_ pvmev H¢aQ Manager's Comments: G d1a� Associated LRotmmic a:o Aisi , Budget Approval: Fi reDvr w Legal Approval: V'✓l ""I clro sdtaew Introduced For: Amy Passage First Reading Referral Page of Aeeigned to Council« Farnham December 8, 1997 CITY OF BANGOR (TITLE.) (DrUrDirecting City Engiaaer ro Disarm lame Carver Street Bclwe®Buck Street ....-Said -LTi eeiai Street -.. . By Gee IXta Counci! Of mile Cup Of Assume. ORDERED, TEAT WHEREAS, a proposed 50 -fret wide riglit-of cony known as Carver Street extending northeasterly from Buck StreetW Lincoln Street was originally laid out said accepted by the Bangor City Council on September 10,1956; and WHEREAS, said portion of Carver Sneet was never constructed or maintained as a public way; and WHEREAS, adjacent land owners have requested i isconfuance of said Carver Street right-of-way; and WHEREAS, 23 M R S.A. § 3028 provides that town ways which have not been kept passable for use of motor vehicles in the expense of the municipality for a period of 30 years are deemed discontinued by abandonment, NOW THEREFORE, by the City Council of the City of Bangor: ORDERED, THAT the City Engineer, acting for and on behalf of the Municipal Office w in accordance with 23 M.R.S.A. § 3026 be and hereby is directs W discontinue said potting of Carver Sheet right-of-way, the location of the northwesterly line of which is located az follows: Commencing at a copper rod on the easterly sidelines of Buck Street, thence nonheasonly and at an angle of eight -nine degrees fifty-nine minutes thirty five seconds (89-59-35) for a distance of two hmMred four and seventy-two hundredths (204.n) feet W a copper and on the westerly side of Lincoln Street' ss shown on Page 70 of Plan Book 4 on file in the City Engineers office ofihe City of Bangor. And be it fuMeq ORDERED, THAT the City Engineer, in accordance with the provisions of 23 M.R.S.A. § 3026, proceed to give best practicable notice to all shooing property owners and to Ne Planning Board of Ma intention of said municipal officers to discontinue and vacate said right-of-way, and make a written return of said proceedings together with a detailed description of said right-of-way to be discontinued and a list of possible damages as a result of said dlscontlnuanee, and report his findings to As City Council for further action. IN CITY COUNCIL December 8, 1997 Passed ERR 98-42 ORDER Title, Directing City Engineer to Discontinue Carver Street Between Buck Street and Lincoln Street ...................................... ............ I ......................... iped o- Councilman _ 98-42 _ 3� FRED BRYANT P.O. BOX 4 DIXMONT, MAINE 04932 s7¢,]`1T November 11, 1997 Mr. James Plum_ city Engineer City of Bangor 70 Harlow Street Bangor, Maine 04401 near Jim As per our telephone conversation in reference to the discontinuance of Carver Street Extension I have obtained the signatures of the abutting land owners along the road. Please accept this letter as an official request to close Carver Street Extension between Buck Street and Lincoln Street. If there is anything further that you require, please let me know. sincerely yours, a L( Fred Bryant October 30, 1997 To Whom It Mav Copper-.; We the undersiasa= reauest the City of Bangor to consider discontinuina_ the unused portion of Carver Street Extension. Fred Bryant IL Craig Orff Margaret Morin M rjorie Decrow S<