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Home My WebLink About1998-04-27 98-193 ORDERCOUNCIL ACTION Item No. 98-193 Date April 27 1998 Item/Subject Authorizing Release or City Claims to a Portion of the Former Lafayette Street between Leighton and Norfolk Streets Responsible Department: Legal The attached Order would authorize a release Of any City claims t0 the southerly half (25') of the former Lafayette Street right-of- way, between Leighton and Norfolk Streets. Lafayette Street was accepted as a public way in August 1913, and was discontinued by two separate Council Orders passed September 23. 1957 and July 26, 1965. Further detail is provided in the materials attached to the proposed Order. The City has occupied the area concerned since 1965 as a part of the Little City Park. However, a release of the southerly 25' of the right-of-way would not directly impact existing park facilities. The Municipal Operations Committee reviewed this item on April 21, 1998 and recommends approval. DepartmertY Head Manager's Comments: CA2 vi6/ City manager Associated Information:6AAIR, "fa((p°61 Legal Approval: Finance Director City Solicitor Introduced for NEW BUSINESS Passage First Reading Referral Page 1 of 1_ 98-193 Aaipalftl uneilor Crwley April 27, 1998 CITY OF BANGOR (TITLE) AC Authorizing Release of City Claims to a Portion of the Former Lafayette Street between Leighton and Norfolk Streets By the City CowmKI of GYM of 30xW: ORDERED, THAT the City Manager is hereby authorized to execute a release deed, in a form approved by the City Solicitor, releasing the southerly half (25') of the former Lafayette Street right-of- way, between Leighton and Norfolk Streets, to Thomas R. Wood and Constance R. Strout, owners of the abutting. property. Statement of Fact: The former Lafayette Street, extending from Fountain to Grant Streets, was accepted as a public way on August 12, 1913. Lafayette Street was discontinued asa public way of the City of Bangor by Council Orders 168-J, passed September 23, 1959, and 137-S, passed July 26, 1965. IN CITY CWNCIL April 27, 1998 Passed IT LESS. 98-193 D R D E R Title, Authorizing Release of City .Claims to a Portion of the Former Lafayette Street Rated n Leighton and Folfolk'Skieeis '. ' .................................. G. / Ae®gned to Councilman 98 193 6� ,y" CITY OF BANGOR M < ti i g 16yf tt Streeta Publicway :.. By the city Council of the Oly of Ba mrr: ORDEPXn, THAT the attached petition is hereby received and that Lafayette Street be discontinued as a public way. April 15, 1998 TO: Municipal Operations Committee FROM: Erik Stumpfel, City Solicitor RE: Request for Release of a Portion o "Lafayette S r 98-193 Thomas R. Wood and Constance R. Strout, owners of property at 129 Leighton Street (City tax map 38, lot 32) abutting Little City Park, have asked that the City release the southerly half (25') of a 50' wide former City tight -of -way known as Lafayette Street. The section of Lafayette Street concerned lies between Leighton and Norfolk Streets, and presently forms the southerly 50' of Little City Park. A copy of City tax map 38 is attached to this memo for reference. I have sketched in the location of the Lafayette Street right-of-way. Legally, Mr. Wood and Miss Strout appear to be the fee Owners Of the southerly 25' of the Lafayette Street right-of-way abutting their lot, due to discontinuance Of the right-of-way between Leighton and Grant streets in June, 1965. Sieg Council Order 137-S, copy attached. However, the City appears to have continuously Occupied the entire 50' right-of-way between Leighton and Norfolk Streets for at least 20 years, as a portion of the Little City Park, so the City may have a claim to fee title by adverse possession. The section of Lafayette Street between Fountain and Leighton Streets was discontinued by Council Order J-168 on September 23, 1957, and is not at issue here. Council Order J-168 may also be read as discontinuing all of Lafayette Street. Copies of C.O. J-165 and related items are attached. I have previously Corresponded with Mr. Wood and Miss Strout, advising them that the City may have a title claim through adverse Possession. pgg letters dated April 2 and April 3, 1998, copies attached. At the time, I was not aware of the City Council's 1968 Order specifically discontinuing the portion of Lafayette Street between Leighton and Norfolk Streets. The 1957 and 196b Council orders establish discontinuance dates for the portions of Lafayette Street affected by each order, but do not change my conclusion on the adverse possession issue. The issue for the Committee and Council is whether to give a release deed to Mr. Wood and Miss Strout, confirming their title to the southerly 25' of the right-of-way adjacent to their lot. E. a. to Attachments PC: Edward Barrett, City Manager lames Ring, City Engineer Dale Theriault, Parks & Recreation Director r 98-193 H 1'' o' o affil p o o p p H 1'' affil rOA Em go NUO NOW 1 n�fmm�mRIMWEN M M H 1'' 1 m a na H 1'' 98-193 APF -� 3 1038 s Mr. Eric Stuofel, City S ,. .tgr City of Bangor city Mall 13 Marlow Street Bangor, Maine 04901 129 Leighton Street Bangor, Maine 0N01 02 April 1998 Dear Mr. Scoopful: s of from LAs eightanr5[reetht Plbrfolk Street, at 129 Lwe wton Street, abfch "tends title to oee_hif of the former 50 -foot witletri to clarify our right of Lafayette Street which borders the earth of-say knmm as It is Y boundary of our property. laid out and acceptedsa. , Punding that this Portion of the right-of-way was constructed o as a Public way on 08 July 1913, but was never PrOY3s1e115 Ofrthe iState eStatutes it nvald hI. ave d that under the abandoned after 30 Years. If half of the former been considered `everted t us, then we would like t Bari right-of-way would have lean P the half and uaintain fS fy our title, c that we can our Property. tM1iz tom n' right -of he Part of our Property. (Bordering ratc/res debris mW leaves, aM s,I- y iCo avers is cleOf a Paretl wkich Parks ! Mecreation workers. Additionally. because the 9u11� the are "at the large a ft mower used b the Perks a Retreat issokers of appropriate for properly trimming in this when mowing fs attalpted here, the area is gully AS a result, unsightly.) The rightofis rut "tons used left scarified and Lottie City park, and is n*thing rare than a Part of the adjacent "d nap's land. it is also our understanding thatf , on 23 SuPtenber 1931, the City aformally discontinued that portion oafayette Street between fountain and! Leighton Sheets. L We discontinue the thatforYou initiate the necessary action to and Norfolk discontinue the Lafayette Street right-of-way between Leighton and Morfolk Streets or otherwise a ,,jet us t clear our title to the center of the way. Yours truly /Thomas //R--. Wood Constance R. Strout 137-S Introduced by Councilor Houston, Dune 28, 1965 98-193 r CITY OF BANGOR (TITLE) MrUrt............ 1)SascptIoUnu.a Section of_]afayette Street.,..,,_ By Ote City Cmmwl of tat City ofBunysr. ORDERED, THAT WHRREAS, an existing right of way known as Lafayette Street now exists between Leighton Street and Grant Street, and, WHEREAS, said right of way has never been developed for street purposes and the section between Leighton Street and Norfolk Street Is, in fact, being used as a part of a City park, and? WHEREAS, a request has been received for the discontinuance of said right of way, between Norfolk Street and Grant Street, now therefore, be it ORDERED, that the existing right of way known as Lafayette Street be discontinued between Leighton Street and Grant Street, add be It further ORDERED, that said Lafayette Street be removed from the official 0ity map. l To the city Council Bangor Maine Bangor. Maine July 91.1957 Res Lafayette Street — Beagor.Maine Greetings As we have recently acquired the lot and dandling at No, 111 Fountain Street .corner of Lafayette Street, we hereby request that said Lafayette Street be discontinued. This direct has never been built nor used am a public waq, and it appears that no useful island, IS served by retaining the area as a public street. This request pertains to said Lafayette Street fret Fountain to Leighton Street only. Respectfully submitted Arthur Hutchinson Jr. U.I.LlAuA Fdt.!/(HM1cr.f�[-moi ' Grace M. Hutchinson 51 Ykriea Ave. angor B.Mame 98-193 CITU OF BANGOR, MAINE Engineering Department September 16, 1957 To: Honorable City Council City of Bangor, Maine Re: City Council Order 168-J, Macontinuanco of Lafayette Street Persuent to Council Order 168-J, which provided for the acceptance of a petition for the discontinuance of Lafayette Street as a public way and which sea tabled on Auguat 12, 1957 and referred to the Planning Board and City Engineer for recommend- ation, the following report is submitted by the City Engineers That portion of Lafayette Street lying between Leighton Street and Grant Street which is 341.98 feet long was laid out and accepted as a public way on July 8, 1913 and is recorded in City Road Rook Volume 4, Page 28: and that portion of Lafayette Street lying between LaipJ:ton Street and Fountain Street wMah is 169.20 feet long was laid out and accepted on Sept. 9, 1913 and is recorded in City Road Rook Volume 4, Page 30, The plan of the Whole street as laid out is recorded in City Plan Book Volume 3, Page 29. This street was not constructed and has haver been used for vehicular and very little pedestrian traffic and it has become pretty well grown up with grace and bushes. Accordingly, it is recommended that Lafayette Street between Grant Street and Fountain Street be discontinued as a public way, and since it is not used for traffic purposes and since the public will not be Inconvenienced by its discontinuance, no paraon or persona will. be damaged as a result of this discontinuance. Respectfully suLpi.tted, L. /� A James L, MacLeod City Engineer AM -1 Bongos the center of Moine--the Gateway to Mine's North (Good and Smebere Raern 98-193 CARL 9. I)CLANO, VIONCTAICA. CITY PAINAMAN GRAND OUR of Paugoc, Anine CITY PLANNING ONEFORTMWNT September 9, 1957 Honorable City Council City of Bangor He: City Council Order 168-i - Discontinuance of a portion of Lafayette Street Gentlemen: The Planning Hoard held a Public Hearing on this matter and nobody appeared opposing the official discontinuance of Lafayette Street. Mr. Ingraham, a resident of the City of Bangor, pointed out that Lafayette Street is not being used from Fountain Street to Grant Street and therefore requests the discontinuance of Lafayette Street, the entire length. Since this is in conformity with Order 168-5 referred to the Planning Board, and from a planning paint Of view, is advisable, the Planning Board hereby recom- mends the discontinuance of Lafayette Street, Heepectfu 1 CITY PLANNER