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HomeMy WebLinkAbout1997-09-22 97-404 ORDERCOUNCIL ACTION Date: Item No.: 97_404 Item/Subject Authorizing the City Engineer To Execute And File A Notice to Preserve Public Interest In Certain Paper Streets Responsible Department Commentary: The attached Order authorizes action to preserve public interest in several "Paper' streets for a period of 20 years in accordance with 23 M.R.S.A. § 3032. A memorandum from the City Engineer is attached which provides further inforeaation. Included in the Order is a list of the "Paper' sheets which staff recommaWs that public interest be preserved. This action does not obligate the City to undertake any further action such as acceptance or Construction. b/ lietrarenem NevQ Manager's CommrnLs: ,oFn I,;;; ay ,}�m2'Jln/m.�%r>�/bKi. ik �mmidkrl6ncua>u� r /rl�zmL✓r� V F ✓Fjr 0,/ 10,02- i) �' CiN Morwger Associated Inden3t ation: 4% 11 /'! M Budge[ Approval: FhwmeDiredw Legal Approval: ynny��^^�oo,, yy Gry sdreua Introduced For: ® Passage First Reeding ❑ Reported Page 9]-484 Aeagsed to fquncilm Aube September 22, 1997 CITY OF BANGOR (TITLE.) 4t/L]IPi Authorizing the City Engineer To ExecuteMd He A Notice to Preserve f -Public InterestAt CerreM PaperBtreabr' ''-- . 1 BY tae cam colwef! Of City of Bandar: ORDERED, WHEREAS, 23 MRSA.§ 3032 Provides And common "paper svcetP'shown on subdivision plans TUT wimided before Sep[anlv29,199] will Be vacated ifnaexcepled him me opermi= of the time limitations by filing a notice in me Pnwbscot County Regony of Deeds Set the way is excgMed firm Ne attention of 23 M.R.S.A. § 3032; and WEEREAS,bbe effective void native must be film prior to September 29, 199/; Mid WHEREAS, the City Engineer of the City of Banger M1ss determinal which "paper snab" which should be exapwdi from the operation of MRSA. § 3032; NOW T81PAtEPORE, IT IS HEREBY ORDERED AM the City Im ineer shell file the eppmprime,Mia to except me Slowing "paper sheep' from the operation of 23 MA.9 A § 3032. 1. An uwemed strep morning betwen Laid Shell and Fifth Snell in shown on a plan Aled'Property of Hoxe Purwgtmt Cu." recorded October 6,1925 in Penobv[ot Registry of Dewier Plan Book Volume 12, Pege40, 2. Two unnamed sheen extending fiwn Ortivoe Road and Crosby Shen to Ne Hmnpde Rossi ]me asAwn m e plan tithe "Bnmgo Target Ara Development Area Subdivision Plan" recorded June I5, IW4 in I'mobsw[ Registry of Dees Plan File No. 301. 3. The paper ier of Dunin Street mounting f me soumeaskrly fortune of the accepted sued is dented in Road Book 2, Page 258 of file in me City of Burger en uirmong Department and tnmins ing mthe notmwesRrly bank of the Penubacm River, as shown m a plan dined Squemba 28, 1869 and rxoded in Pembttnt Registty of Dees Plm Book Volume 3, Page 23. 4, RWantl Sheet, as shown on a plan ARM 'Mare of Hyde Park' recorded June 9,1913 in Penobscot Regivhy of Dennis Plan Book Volume 8, Page 11. 5. The potions of Ria Suet, Miller Sheet, Colley Street, Bennet Some, and Hlldrem Street shown on a plan tided "Lot Plan - Bangor Reel Eyak Development Co." reordW June 11, 1951 in Pembttot Registry of Dads Plan Book Volume 16, page 35, which are currently unsaep¢d. 6. Two assets depiced as'1mm" We e plan titled "Sidney Shen Lotting" recorded June 8, 18W in Peolowat Region of Deeds Plea Book Volume 6, Pogo 19. ]. Three sheen identified as Data Drive, Fawn Com, and Doe Drive m a plan titled "Sunny Hollow Subdivision" taodeE September 10, 1987 in Prankster Regis" of Dome Plan File D99$7. IN CITY COUNCIL September 22. 1997 Sevilla Vercelea, Jackson Street, spoke about the maintenance of the sidewalk and handicapped accessibility to the Standpipe from Jackson Street Motion to Amend by changing the date in the first paragraph toread; September 29, 1987. Passed Passed as Amended 97-404 o R D E R Title. Authorizing the City Engineer to Execute and Pile a Notice to Preserve Public Interest In Certain PeFer Streets In ER Arlgned to C9..............ounci..lman.. AS AMENDED 92-404 Aenigted toCwnNor Aube September 22, 1997 CITY OF BANGOR (TITLE.) (®rh¢rti 111florrilding Me City Engineer To Execute And File A Notice to Preserve PBtilic lnTerestlist Certain Paper Screw. 1111 1----1 By Am Cap Coamnt of fete atp of Banner: ORDERED. I9 ] ASA. WHEREAS, 23 M§30 provides; that certain'paper streets" shown on subdivision plans THAT recorded before September 29- wio So vacand if net extreme! firm the Operation of the time limiistian by filing a nerve in the Penobscot County Registry of Deeds that tete way is excepted foam the operation of 23 MASA. § 3032; and WHEREAS, to be effective and notice run be filed priorto September 29, 1997; and WHEREAS, the City Bnginxr of the City of Bangor hss determined which "paper 54ens" which should be excepted from the Operation Of23 M RS.A. § 3032; NOW THEREFORE, IT IS HEREBY ORDERED Mar the City Engineer shall file Ne appmpri ft notice to except Ne following "paper streets" from the operation Of 2) M.R.S A. § 3032. 1. An unnamed street running between Third Sneed end Fifth Sneer as shown on a plan titled Violenry, of Horace Puringron CO." recorded Comber 6, 1925 in Penobsw[RegiveyofDmds Plan Belk Volume 12, Page Q. 2. Two unnamed sRers extending from Carlos Road and Crosby, initial Ne Hampin town line as shown on a plan Titled "Bangor Target Area Development Area Subdivision Plan" recoNed June 15, 1414 in Penobsmr Registry of Deeds Plan File Thai 301. 3. The portion of Dutton Street extending form the southeasterly terminus of Ne accepted street As defect in Read Book 2, Page 258 on rile N the City of Bangor engineering Department and [aminating at northwesterly bank of rM1e Penniman River, as shown on a plan dated September 28, 1869 and occurred in PaIxi Refry of Deeds Plan Book Volume 3, Page 23. 4. Rutland Street as shown on a plan titled"Map of Hyde Park"Occorded lune 9,1903 in Pattern Registry of Deeds Plan Book Volume 8, Page 11. 5. The portions of Rice Street, Millet Strom Coffey Street, Bene Street'and HildreM Scroll eshown m a plan titled "Lst Plan - Bangor Real Senate Development Ca" crossed lune 11, 1951 in Penobscot Registry of Deeds Plan Book Volume I6, Page 35, which are wmmily umerepr d. 6. Two streets depicted as "Lanes" on a plan titled "Sidney Street Loning" recorded June 8, 1897 in Realisrot Registry of Deeds Plan Book Volume 6, into 19. 7. Three moves identified as Damn Drive, Fawn Court, and Doe Drive on a plan titled "Sunny Hollow Subdivision" recorded September 10, 1987 m combs Registry of Deal Plan File 99]-8]. i9]-406. September 12, 1997 TO: Municipal Operations Committee FR: James D. Ring, City Engineer RE: Vacation of Paper Streets' There have been some changes in 23 M.R.SA. § 3032, which pertains to so-called "Papa Streets". Paper Streets are essentially reservations shown on lotting or subdivision plans for streets or ways which have nor been constructed, used or formally accepted as Public Ways. Historically, the statutes have provided for "discontinuance by abandomn me if street or way Inas not been maintained at municipal expense for regular vehicular use for thirty years prior to January 1, 1976. However, the statutes now provide that municipal interests in Paper Streets shown on subdivision plans recorded before 929/1987 will expire on 9/29/1997, unless a municipality files notice in the Registry of Deeds to retain interest for up to another 20 years. If public interest in a Paper Street expires, private rights of access for adjoining pt8peades are maintained; however. We bave beet reviewing our files and all plans recorded in the Penobscot Registry of Deeds to determine the extent of Paper Streets that would be affected and if the City should take action to preserve public rights. This has been a rather tedious process, as there are over 500 old plans recorded in the Penobscot Registry of Deeds. Very few Papa Streets are identified with a name. I will be reporting the status of our investigations relative to Paper Spears and any recommendations to preserve public interests at the 9/16/97 Municipal Operations Committee meeting. In the meantime, please f 1 free to contact me if you have any questions. pc: E. Barrett A. Stockus N. Heitmann R. McKay J. Lord J RM