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�{
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Manager's Comments:
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Associated LRotmmic a:o Aisi ,
Budget Approval:
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Legal Approval: V'✓l ""I
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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<