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.
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Introduced For:
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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
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