HomeMy WebLinkAbout2017-09-25 17-344 ORDERTitle, Order
CITY COUNCIL ACTION
Council Meeting Date: 09/25/2017
Item No: 17-344
Responsible Dept: Engineering
Requested Action: Order
09/25/2017 17-344
Map/Lot: N/A
Authorizing the City Engineer to Execute and File a Notice to Preserve Public Interest in Certain Paper Streets
Summary
Title 23, Section 3032 of the Maine Revised Statutes provides that certain "paper streets" shown on
subdivision plans recorded before September 29, 1987 will be vacated if not excepted from the
operation of the time limitation by Ming a notice in the Penobscot County Registry of Deeds that the
way is excepted from the operation of 23 M.R.S.A. § 3032.
In 1997, the City Council passed an order preserving a number of these paper streets. Since that
time, many of the preserved paper streets have been accepted or discontinued, but several remain
paper streets.
The purpose of this Order is to preserve the status of the remaining paper streets, based on the City
Engineer's determination that said paper streets must be retained.
The notice must be filed prior to September 29, 2017 in order to be effective. Rights-of-way are
critical for emergency response access and necessary travel of the public. Retaining these streets is
therefore immediately necessary for the preservation of the public peace, health or safety. Because
of the tight time line, it is requested that this Order be passed as an emergency order pursuant to
Article V, Section 1 of the City Charter.
Committee Action
Committee: N/A Meeting Date:
Action: N/A For: Against:
Staff Comments & Approvals
This Order will be discussed at a Council pre -meeting on September 25, 2017.
This is an emergency order, and therefore requires a two-thirds vote of the City Council
City Manager
Introduced for: New Business
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City Solicitor
Finance Director
CITY OF BANGOR ORDER
Date: 09/25/2017
Item No: 17-344
Assigned to Councilor: Graham
09/25/2017 17-344
Authorizing the City Engineer to Execute and File a Notice to Preserve Public Interest in Certain Paper Streets
WHEREAS, Title 23, Section 3032 of the Maine Revised Statutes provides that certain "paper streets" shown
on subdivision plans recorded before September 29, 1987 will be vacated if not excepted from the operation
of the time limitation by filing a notice in the Penobscot County Registry of Deeds that the way is excepted
from the operation of 23 M.R.S. § 3032;
WHEREAS, in 1997, the City Council passed Council Order 97-404 preserving a number of these paper streets;
WHEREAS, since that time, many of the preserved paper streets have been accepted or discontinued, but
several remain paper streets;
WHEREAS, the City Engineer has determined that said remaining paper streets must be retained; and
WHEREAS, the intention of the City Council is to extend for an additional period of 20 years the time in which
the ways described below will be excepted from the operation of Section 3032, so that during the 20 -year
period, the rights of incipient dedication to public and private use of such ways shall remain in effect unless
otherwise terminated or accepted in accordance with law;
Be it Ordered by the City Council of the City of Bangor that,
The City Engineer shall file the appropriate notice to except the following paper streets from the operation of
23 M.R.S. § 3032:
1. Two unnamed streets extending from Godsoe Road and Crosby Street to the Hampden town line as shown
on a plan titled "Bangor Target Area Development Area Subdivision Plan" recorded June 15, 1974 in
Penobscot Registry of Deeds Plan File No. 301.
2. The portion of Dutton Street extending from the southeasterly terminus of the accepted street as defined
in Road Book 2, Page 258 on file in the City of Bangor Engineering Department and terminating at the
northwesterly bank of the Penobscot River, as shown on a plan dated September 28, 1869 and recorded in
Penobscot Registry of Deeds Plan Book Volume 3, Page 23.
3. The portions of Rice Street, Miller Street, Coffey Street, Bennet Street, and Hildreth Sreet shown on a plan
titled "Lot Plan - Bangor Real Estate Development Co." recorded June 11, 1951 in Penobscot Registry of
Deeds Plan Book Volume 16, Page 35, which are currently unaccepted.
17-344 00/25/2017
4. The southeasterly of the two streets depicted as "Lanes" on a plan titled "Sidney Street Lotting" recorded June 8,
1897 in Penobscot Registry of Deeds Plan Book Volume 6, Page 19.
The notice must be filed prior to September 29, 2017 in order to be effective. Rights-of-way are critical for emergency
response access, among other purposes. Retaining these streets constitutes an emergency, and action is immediately
necessary for the preservation of the public peace, health or safety. This Order is therefore enacted as an emergency
measure pursuant to Article V, Section 1 of the Bangor City Charter.
IN CITY COUNCIL
SEPTEMBER 25, 2017
CO 17-344
MOTION MADE AND SECONDED FOR PASSAGE
PASSED
CITY CLERK