HomeMy WebLinkAbout1998-04-13 98-163 ORDERCOUNCIL ACTION 'CI
Date: acro 13.1998
Item No.: 98-163
Iterr/Subjece Anthorixing the Discontinaaveeof Newcomb Road
Responsible Depmanent Engineering
Commentary:
Newcomb Road was laid out and accepted as a public street in 1896, consisting of a 50 foot wide right-
of-way extending from Ohio Street to Finsov Road. Our records do
not indicate whether it was ever
constructed and there has been no public maimuiance for decades.
Although stamtmy provisions
suggest that it has long been discontinued under the presumption of abandonment, abutters requested
that the City take action to forutally discontinue Newcomb Road
for clarification. Tits Order,
accompanied by the City Engines report is the final step in the discontinuance process. new is no
public nerd or reason for the City to retain any interest.
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Budget Approval:
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Legal Approval:
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❑ Refected page of
98-163 �n
Auipmdto Councilor ralt8oel April 133 1998 V
l� CITY OF BANGOR
(TITLE.) (oTbert _, Autho g the Discontinuance of Newcomb Road
By flo City CouaeR of W My OfBaroore
ORDERED,
THAT
the attached report of the City Engineer relative to the discontinuance of
Newcomb mad between Finan Road and Ohio Street be and hereby is accepted;
and
BE IT FURTHER ORDERED, THAT said Newcomb Road right-of-way be
discontinued as a public way, and removed from the official City map. In accordance
with 23 M.R S.A. § 3026, no public easement shall be retained.
IN CITY COUNCIL
April 13, 1998
Passed
� C(
ERY
98-163
ORDER
Title, Authorizing the Oiscoatinuance.
of Newcomb Road
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DISCONTINUANCE OF NEWCOMB ROAD
April 1,1998
CITYofBANGOR,
To the City Council:
Pursuant to an order of the Council, Order 96-237, passed May 29, 1996 directing
the City Engineer in discontinue Newcomb Road the City Engineer begs leave to report:
That ofhis intention to discommue Newcomb Road the City Engineer gave writtun notice
by notices attached to copies of said order posted for five days prior to the 30th day of
April, 1997 in two public places in the City of Bangor and in the vicinity of said sm an, m
wit
One on bulletin board at City Hall
One on ufifity pole in vicinity of Ohio Street
One on utility pole in vicinity ofFinwn Road
and also gave notice by causing the same to be published in the Bangor Daily News.
Newspaper printed in said city, for six days prior to April 30, 1997 copy of said moderated
notices, so posted and published, is hereto annexed and made part of this report And that
the said City Engineer met at the time and place of meeting specified in the notices and
proceeded to discomimue said Newcomb Road right-of-way, the location of the southerly
line of which is located as follows:
Commencing a a point on the easterly line of Ohio Street and on the dividing line
between the land of William B. Rollins and lames H. Taylor; thence noting N 69 15'E
on said dividing line beween said Rollins and Taylor a distance of 1748.38 feet m a
potm; thence making an angle of 17 m the left and running 722.35 feet m a point; thence
making an angle of 47 51' m the right mal running 1298.87 feet to the westerly lite of
the Finson Road
Meaning and intending to describe the 50 foot wide right -of --way known as
Newcomb Road extending easterly from Ohio Street to Finson Road which was
originally laid out and accepted by Bangor City Council on September S, 18%.
98-163
Written notice of the public hearing for the discontinuance of Newcomb Road was
given to utility companies and all abutting property owners namely:
Mr.& Mrs. Asbury F. Thomas Mr. Eric Day
2183 Ohio Street 153 Finson Roel
Bangor, Maine 04401 Bangor, Maine 04401
Mr. Robert F. Cyr, Jr.
Ms. Ruben E. K min
2045 Ohio Street
173 Finsm Road
Bangor, Maine 04401
Bangaa Maineo4401
Mr.&Mralerbert W.Day
Mu Bamey Silver
129 Pinson Road
P.O. Box 22
Bangor, Maine 04401
Orono, Maine 04473
At the time and place of set for the hearing Ms. Roberta l:reavin appeared and
spoke in favor of the discontinuance. No others appeared to speak relative to the
discontinuance.
In accordance with the provision of 23 M.R.S.A. § 3026, it is determined that the
abutting property owners are entifled to $0.00 in damages.
It is recommended that said Newcomb Road be discontinued and vacated, with no
retention of a public easement, and removed from the City Map
Respectf idly Submitted,
es D. Ring P.E.
ity F.rigineer