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Home My WebLink About2017-11-27 18-025 ORDERTitle, Order CITY COUNCIL ACTION Council Meeting Date: 11/27/2017 Item No: 18-025 Responsible Dept: Engineering Requested Action: Order 11/27/2017 18-025 Map/Lot: N/A Accepting the City Engineer's Report and Ordering the Discontinue of a Portion of Summer Street Right -Of -Way Summary This Order would accept the City Engineer's Report and order the discontinuance of a portion of Summer Street that is no longer necessary to be retained as a public right-of-way. Council Order 17-336, approved on September 25, 2017, directed the City Engineer to begin the process of discontinuing a portion of Summer Street. Before discontinuing a road and in accordance with 23 M.R.S.A. § 3026-A, the City Council is required to notice abutting property owners and hold a public hearing. Notice was provided and the City Engineer held a public hearing on September 26 , 2017 at 2:00 p.m., third floor Council Chambers, City Hall, 73 Harlow Street, Bangor, Maine. If approved, this Order will accept the City Engineer's recommendation for the discontinuance of a portion of Summer Street that is no longer necessary to be retained as a public right-of-way. All easements for public utilities will be retained. This item was reviewed by the Infrastructure Committee on November 14, 2017. Committee Action Committee: Infrastructure Committee Meeting Date: 11/14/2017 Action: Recommend for passage For: 3 Against: 0 Staff Comments & Approvals Engineer's Report, "Exhibit A" Location Map & "Exhibit B" Description Attached C,9�t rr- C-6�� - City Manager Introduced for: Unfinished Business ��z City Solicitor Finance Director CITY OF BANGOR ORDER Date: 11/27/2017 Item No: 18-025 Assigned to Councilor: Nichols 11/27/2017 18-025 Accepting the City Engineer's Report and Ordering the Discontinue of a Portion of Summer Street Right -Of -Way WHEREAS, the portion of Summer Street to be discontinued was accepted by the City on May 30, 1836 and is located between Railroad Street and Cedar Street; and WHEREAS, the portion of Summer Street to be discontinued is 66 foot wide and measures approximately 0.51 acres +/- WHEREAS, on September 25, 2017, by Council Order 17-336, the City Engineer was directed to begin the process of discontinuing a portion of Summer Street. WHEREAS, notice was provided to abutting property owners and the City Engineer held a public hearing on September 26 , 2017 WHEREAS, said portion of Summer Street is no longer necessary to serve the public as a Right -Of -Way; and WHEREAS, the City will discontinue the portion of Right -Of -Way as shown on Exhibit A; Be it Ordered by the City Council of the City of Bangor that, The City Engineer's Report dated November 17, 2017 attached as Exhibit A is accepted, a portion of Summer Street Right -Of -Way as shown on Exhibit B, attached hereto, shall be discontinued as a public way, and removed from the Official City Map in accordance with 23 M.R.S.A. § 3026-A and all easements for public utilities shall be retained. 18-025 NOVEMBER 27, 2017 November 17, 2017 City of Bangor Pursuant to Council Order 17-336, passed on September 25, 2017 directing the City Engineer, John M. TheriaUlt to begin the process to 6scontinUe a p0fti0r) Of Summer Street in it. entirety and in accordance with 23 M.RS.A, §3026-A, the City Engineer reports: That of his intention to discontinue said portion of Surnryier Street, the City Engineer gave written notice to the following abutters: Cage Properties, LLC RJL Associates, INC AREC 6 LL.0 60 May Street 78 Rice Street R,0, Box 29046 Bangor, ME 04401 Bangor, ME 04401 . . .. ..... ..... .. Phoenix, AZ 85038-.9938 The Point Group, LLC Maritime Activities, INC Leeman, Lloyd V. Jr. & 60 May Street 8 Western Avenue #14 Leeman, Janelle Bangor, ME 04401 Kennebunk, ME 04043 24 Pleasant Street, Unit I Bangor, ME 04401, . ............ . ... Harrnaney Realty Limited M&H Family Realty, LL.0 Gopher HM CornrnUnications Partnership P.O. Box 929 167 Target IndUstr'W Circle 700 Main Street Bangor, ME 04402 Bangor, ME 04401 Bangor, ME 04401 ... .... ... ..... .. . . . ...... . . .. ... .......... . . . ............ Bangor Savings Bank Stephen B. Saliba Irrevocable Trust City of Bangor Attn: Account Payable Stephen B. Saliba & Barbara Bagley Trustees Parks & Recreation P.O, Box 930 26 Starlight Drive Department Bangor, ME 04402 Brewer', ME 04412 647 Main Street . . . ... ... .... ......... ......... . ..... ... . .. . . ..... ......... .. ..... ......... .. . Bangor, ME 04401 City of Bangor City of Bangor City of Bangor Planning Department Community & Econornic Development Public Works Department 73 Harlow Street 73 Harlow Street 530 Maine Avenue Bangor, ME 04401 Bangor-, ME 04401 Bangor, ME 04401 Said notice with a detailed plan was also posted on the public b0ebn board at City Hall, the Bangor Publishing Company Newspaper, City of Bangor Website, and on two utility poles in the vicinity of the proposed discontinuance, In accordance with the notification given, the City Engineer conducted a pubbc hearing in the City of Bangor Council Chambers, Third Floor on September 26, 2017 at 2:00 PM relative to the intention of the Municipal Officers of the City of Bangor to discontinue a portion of Surnrner Street, Interested attendees to the public hearing totaled four,� Vern Leernan 24 Pleasant Street, Unit I Bangor, ME 04401 John -niehaUlt Gly of Barigor 73 Harlow Street Bangor, ME 04401 Peggy Collins City of Bangor Assessing Dept. 73 Farlow Street Bangor, ME 04401 Dana WardweR City of Bangor Public Works Dept, 530 Maine Avenue Bangor, ME 04401 The City Engineer noted that although Vern Leernan was in favor of discontinuing a portion of Summer Street; tie was concerned that the redisthbUbM of traffic resulting frorn this action may make it more difficult for a motorist to make a left turn from May Street onto Surnmer Street, Mr. Leeman was also concerned that future p6anned developrnent on Railroad Street, which wil] include a parking garage, may rnake the area more congested during Waterfront Concert Events. The Oty Engineer stated that any future dev6oprnent within the vicinity of the waterfront that generated a significant aniount of traffic will have to be reviewed by bodi the City of Bangor and the Maine Depal"trTient of"Transportation before that developrnent can take place. I he City Engineer concluded and made the foHowing determinations: There is no longer any public interest or need to retain the portion of Summer Street as a public right of way, 1 The porton Of SUrnmer, Street to be discontinued is located txbtween Railroad Street and South Street and was accepted by the City on May 30, 1836. S. 'The discoribrivance of a portion of Summer Street wiH separate commuter traffic Wishing to utifize Route 1A and R(,)LJte 9 from residents and visitor traffic wishing to access the Bangor Waterfront, 4. In accordance with 23 M.R.SA, § 3026-A, abutting property owners are entitled to $0.00 daniages. It is recommended that the portion of Summer Street be discontinued and vacated In its entirety, and removed frorn the OfficW City Map, with a reterution of a public easernent for aH public utilities. ResptY-tNHY Submitted, ... . . ....... ...... .�Iohn M. Theriault, PE FFOE City Engineer N 55016'57" W 70.00 Ln w C> ak 0 Ln rI C) co cn 0 Ln 0 t�o Ln rn tu Ln uj N 55016'57" W V) Ts.; 57 N 55016'57" W 100.46' z 84.46' 1 16.00' ` ...t' 71 CL N/F Lu 60 SUMMER STREET F— U-i EXTENTS OF SOUTH STREET N EXTENTS OF SOUTH STREET ul) EASEMENT FROM CITY TO SOUTH STREET BANGOR SAVINGS FOR USE OF RIGHT OR WAY AREA N 55030*45" W IN 5 059' W IN 54059'43" W N 55005'29" W 98.52' N 0 5'29" W 62.33' 07- 623T 7TI --,�7z�oo I .82 2.74' 69' T/ -17--.09- 9. 73-1748' 4959'' 7�43 N/F Lu z uj 24 HAMLIN WAY 73: 1 Lu 1, HARMANEY REALTY BANGOR SAVINGS BANK -i Cq N/F LIMITED PARTNERSHIP zo I glr 11 HAM LII WAY ,j LA Ln 1.6 ACRES �®2 ACRES .0m BANGOR SAVINGS BANK ,4 n arpi= 18-025 NOVEMBER 27, 2017 I bl = "r EXHIBIT tr3' 00 Ln w U2 vo�r ON 200.bO' N 55007'58" W ✓ � C) b U),0 c) C) ch 0 0) o U.) � � 0 uj m Nj 0 -4 Ln co Ln 0 Go LZ U2 0 HAMLIN WAY (PRIVATE DRIVE) ul 15.00' U, tN 53056'20" VV po N 55034'20" W 27L97' EXISTING SEWER EASEMENT q U2 TO BE ABANDONED m PORTION OF SUMMER STREET TO BE DISCONTINUED 20' WIDE DRAINAGE EASEMENT uj Lu C> 11 r2,j P C.> Ln F�q Cq 1-4 0 00 U) ul Ln z Ln z r4 0 N C") 0 S9 2.25 06; '�N W.�052'�N ->9 8 195' N6 ,""2 60-82 r___. 2 214.40 \N 66 6492740 jj 6402712 ?AILRO NID S -f ple5 CONSOLIDATION LEGEND PROPOSED PROPERTY BOUNDARY PORTION OF SUMMER STREET TO BE DISCONTINUED �WTT00131!Iffi",# 2. EXISTING PROPERTY BOUNDARY INFORMATION PROVIDED BY PLIGSA & DAY LAND SURVEYORS IND CITY OF BANGOR GIS. aft LLJ M, -A R EASEMENT FROM CITY TO BANGOR SAVINGS FOR USE OF RIGHT OR WAY AREA EXHIBIT B LEGAL DESCRIPTION CITY OF BANGOR LAND DISCONTINUANCE OF A PORTION OF SUMMER STREET BANGOR, MAINE 18-025 NOVEMBER 27, 2017 A certain lot or place of land being a portion of Summer Street in the City of Bangor, County of Penobscot, State of Maine and being more particularly described as follows: Beginning at a point defined by the intersection of southeasterly sideline of Summer Street, so called, with the northeasterly sideline of Railroad Street, so called; The N 64° 27' 12" W along a line that cross the southwesterly terminus of said Summer Street, a distance of 66.81 feet to a point defined by the intersection of the northwesterly sideline of said Summer Street with the northeasterly sideline of said Railroad Street; Thence N 34° 29' 15" E by and along the northwesterly sideline of said Summer Street, a distance of 443.32 feet to a point on said sideline, said point is further described as being the most southerly corner of land now or formerly of Eugenia Franco as described as the Second Parcel in a deed recorded at the Penobscot County Registry of Deeds in Volume 12932, Page 90; Thence S 55° 16' 57" E along a line that goes into said Summer Street, a distance of 16.00 feet to a point; Thence S 34° 29' 15" W along a line that runs through said Summer Street, a distance of 134.00 feet to a point; Thence S 55° 30' 45" E, along a line that runs through said Summer Street, a distance 49.69 feet to a point defined by the intersection of the southeasterly sideline of said Summer Street with the southwesterly sideline of South Street, so called; Thence S 34° 16' 05" W by and along the southeasterly sideline of said Summer Street, a distance of 79.77 feet to an iron rod found on said sideline; Thence S 34° 29' 15" W continuing by and along the southeasterly sideline of said Summer Street, a distance of 219.10 feet to the point of beginning. The above described parcel of land containing 22,200 square feet, more or less, is a portion of the southwesterly end of a public Street known as Summer Street. Bearings reference herein are oriented to Grid North of the Maine State Coordinate System (East Zone), as coordinate system is reference to North American Datum of 1983. II IN CITY COUNCIL NOVEMBER 27, 2017 CO 18-025 PASSED 4-,4) 01:frof.44.4.0) CITY CLERK 1 1 1