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HomeMy WebLinkAbout1996-05-29 96-237 ORDERCOUNCIL ACTION Item No. 96-237 Date Nay 29, 1996 Item/Subject: Directing City Engineer to Discontinue Newcomb Road Responsible Department: Legal Newcomb Road was laid out and accepted by the City in 1896 but was never constructed o intainedby the City, and therefore is deemedlegally abandoned under Title 23 of the Maine Revised Statutes. Two residents on Findon Road who abut Newcomb Road have asked that the road be discontinued. The City Engineer agrees with this action. The attached Council Order would direct discontinuance in accordance with the abutters' request. ' L� •' Department Read Manager'a Comments: p hgewunmov,� City Manager Associated Information:o/j1 Budget Approval: Finance Director Legal Approval w , City Solicitor Intr:!gt Pope ssar (a.,:gea First Reading Referral Page 1 of 3 96-237 Anig,ed to Coancilae Blanchette May 29. 1996 CITY OF BANGOR (TDLE,) (orb" Directing city Eng I I r to n ntinue Newcomb Road ----- -...... ................. ......_ ............. _....... _... HY w City Cossdl Of CUs ofBanyur: ORDERED, THAT WHEREAS, a proposed 50 -foot wide right-of-way known as Newcomb Road extending easterly from Ohio Street to Finson Road was originally laid out and accepted by the Bangor City Council on September 8, 1896; and WHEREAS, said Newcomb Road was never constructed or maintained as a public way; and WHEREAS, adjacent land owners have requested discontinuance of said Newcomb Road right-of-way; and WHEREAS, 23 M.R.S.A. S 3028 provides that town ways which have not been kept passable for use of motor vehicles at the expense of the municipality for a period of 30 years are deemed discontinued by abandonment, NOW, THEREFORE, by the City Council of the City of Bangor: ORDERED, THAT the City Engineer, acting for and on behalf of the Municipal Officers, in accordance with 23 M.R.S.A. 5 3026 be and hereby is directed to discontinue said Mewcomb Road right-of-way, the location of the southerly line of which is located as follows: Commencing at a point on the easterly line of Ohio Street and on the dividing line between the land of William H. Rollins and James H. Taylor; thence running N 64' 15' E on said dividing line between said Rollins and Taylor a distance of 1748.38 feet to apoint; thence making an angle of 170 to the left and running 722.35 feet to a point; thence making an angle of 470 51' to the right and running 1298.87 feet to the westerly line of the Finson Road. 96-237 and bB it further, ORDERED, THAT the City Engineer, in accordance with the provisions of 23 H.R.S.A. g 3026, proceed to give beet practicable notice to all abutting property owners and to the Planning Board of the intention of said municipal officers to discontinue and vacate said right-of-way, and make a written return of said proceedings together with a detailed description of said right-of-way to be discontinued and a list of possible damages as a result of said discontinuance, and report his findings to the City Council for further action. IN CITY COCNCIL May 39.'1996 5 96-337 Passed j iG OROER ITY CLeBIL Title, Directing City Engineer to �. Discontinue Newcomb Road ...................................... ........................:.............. U.rI.0 .......... Councilman