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Home My WebLink About1995-05-22 95-233 ORDERCouncil Action Data May 22, 1995 Item No. 95-233 Iem/Subject: Authorizing Discontinuance of Portion of Catell Street Responsible Department Engineering Department Commentary: - This Council Order is the fust step in the process to dishmairme a short [lead end section of Catef Strad which only provides access to property owned by Wchway Associates. Attached is a copy of a requeet for the discontinuance received from the attorney for Richway Associates, which explains the reasons for discontinuance. I ace no reason to retain this portion of Catch Street as a public way, provided that a public easement is retained for maimemnec of public uWities. If this order is passed, the City Engineer wJl send not required notices, hold a public heroin& and make a written report and recommendation to the Council for farther action. . A sketch Showing the location of the proposed discontinuance is attached. Upon discontinuance the street right-of-way i wens to the abutting properties, •�D Osprtmmt Hmd Manager's Comments Layl Associated Inmrmmion:CjA_,Qg2 yr.V, Budget Approval: Pim "e Dweltar Legal Approval: cay 5a1 2 VU rmoodduced For .1111 ❑First Reading Pap —of _ ❑Referral - 95-233 Assigned to famcilor Baldaccl nay 22, 1995 :,- CITY OF BANGOR (TITLE.)(OLbMr.nnaho,suns.manontinuance..at. earclxra..of caceaa_street _ By rhs City Cmedl efw City 0/BpngOr: ORDERED, TUT WHEREAS, Catell Street was originally Laid out and accepted as a public way extending northwesterly from Main Street; and WHEREAS, the construction of Interstate 395 out off access to Catell Street from Main Street; and WHEREAS, the dead and portion of Catell Strad lying southeasterly of the prolongation of the southeasterly line of Postal No. 20-1 as shown on the Interstate 395 right-of-way plans only provides access to properties currently owned by Richway Assoaates and public milities located within the public way, and WHEREAS, Rahway Associates has petitioned the City ofBangor for the discontinuance of said portion of Catell Streit; and WIIERBAS, said portion of Cartel Street is no longer needed for public access, except to provide for the of public unities; NOW, THEREFORE, BE 7 ORDERED, that the City Engines, acting for and on behalf of the Municipal OBicers according to law, be and hereby is authorized to discontinue a portion of Calan Sues, said portion width is described as follows: All that portion of the 50 foot wide public way known as Catell Street laid out by the City ofBangor on September 7, 1899, as Res southeasterly of the prolongation of the southeasterly line of parcel no. 20-1, as depicted on sheet 7 of the Maine State Highway Commission Right -of --Way map for State Highway 395, dated January 1956, and recorded in the Penobscot County Registry of Deeds Plan Book 21, Page 21, and northwesterly of the generally northerly right-of-way line of Bump K of Said Highway 395, excepting and reserving a Public Easement to L®" 95-233 ma{nvain and replace all public utilities for sewer, drainage, water, electrical, and communication services within the discontinued street; end BE IT FMTF3ER ORDERED, TART the City Engineer, nt accordance withthe provisions of 23 UR.S.A. &M6, proceed to give best practicable notice to all abutting property owners and to the Planning Board of the invention of said mudcipal officers to discontinue mdd vacate said portion of Catell Street right-of-way, and make a written retum of said proceedings together with a detailed description of said rightof--way to be discontinued and a Est of possible damages as a result of said discontinuance, and report his findings to the City Council for farther action. mcnananoC IN CITY CLERK May 22, 1995. P CITY SRR - 95 -233 0 R D I R Title" Auth wing Discontinuance of Portion of Cetell Street. ..................................... baa �ig�io iAc\jnMy N 95-333 RICHARD D. WIOLETTE. JRnrrorwarAruw ow.or+FKeeo. x.xr ra,..waB a R, :U4»m p,.,mw* wn a.m. 47 xoerz. wr-r„a„ May 10, 1995 Edward Barrett, City Manager 73 Harlow Street Bangor, Maine 04401 Re: Discontinuance of a portion of Catell Street Dear Mr. Barrett: - 1. represent Richway Associates, a corporation that recently purchased certam - properties of the Estate of Marie A. Conquest located. on Catell Street in Bangor.. The _properties consisi'of three multifamily buildings andonesingle family home Thebui Id ngs purchased by Richway Associates existed prior to the creation: of 695 and the taking by the State of that pan of Catell Street that formerly intersected.witn Main Street.. The creation of 1-395severelylimited the parking previously available to the occupants of the Conquest properties and resulted in what amounts to a dead end or cul-de- - sac on the southerly end of Catell Sheet Prior to its purchase of the Conquest properties, Richway Associateswas given a letter written by Nancy San Antonio, Bangor Code Enforcement Officer, addressing the issue of parking at the properties. While the properties are legally fully occupied, parking remains limited and difficult.- Whether by formal or informal agreement, some parking apparently occurs in the dead end portion of Catell Street which, I understand, has, in. recent years, been plowed and maintained by the Conquest Estate. - Richway Associates proposes to have the City discontinue the dead end portion of Catell Street closest to Main Street in order that it, Richway Associates, without any changes or additions to exist paving, may create a more formal, organized parking arrangement, including the painting of stripes on the pavement. To that end I have enclosed various documents that 1 have utilized in representing other municipalitiesin the discontinuance of streets. I have forwarded copies of same to the City Solicitor, the Code Enforcement Officer and the City Engineer for their review and comments. WhilethestahIIe does is not exactly clear as to the procedure to be followed, I suggest the following that I have used in other communities: 1. City Council moves tobeginproceedings to discontinue a part of Catell Street and sets a hearing date. 95-233 RICHARD D. VIOLEM JR., ESQ. Ed MBmrrtt Ciy Ma u Age May la 1995 _ 2. Notice by firstclass mail given to members of the Bangor Planning Board, to owners of abutting property whose addresses appear in the City's 'assessment records and -to any public utilities having facilitites in the street. 1 have enclosed such a notice. It appears that Richway Associates is the only abutter. Richway Associates will gladly bear the cost of notifying any utilities and will be happy to prepare notices. 3. Evidence with respect to damages obtained. Although it is not required by statute, I always strongly recommend that the City obtain an affidavit from each abutter. I have enclosed an affidavit from Richway Associates, .the only abutter. 4 �tMunicipal officers (City Council; conduct a hearing,onwhether to " discontinue a partof Catell Street and on what, if any, damages should be paid tc abutters 5 "Mumicipal officers sign order of discontinuance See enclosed proposed ortler 6. Legslative bedy(City Counci) approvesthe order of d isconenuance In the case of Bangor, the step, as specified by statute, seems a -.bit .:.redundant since the municipal often; and the legislative body are one in - the same. However, because of the statutory language, I think it beg to go through the: process " - ]. City Clerk completes a certificate of discontinuance (see enclosed) and records it in the Penobscot County Registry of Deeds. 1 would be happy to try to respond to any comments, questions or concerns that you or other City officials may have concerning the foregoing proposal. I would be glad to furnish any additional documents you may require or to modify any of the documents I have proposed. Please let me know if and when this matter may be placed on the Council's agenda. Thank you for your attention to this matter. - - Very truly yours, \ Richard D. Violette, Jr.. / - 95-233 CITY OF ,:<"':� M MAINE '• COOS 6NFORCEMENT A H RE PREVENTION Marcy '+'nMmnio, bmn8 ONice, rec,rmrecswm March 8, 1995 Jahn Largay J.F. Singleton Co. 289 State Street Bangor, ME04401 RE: Conquest Properties - Main/Catell Streets Dear John,. This will serve as fallow -up to our March J, 1995 telephone conversation regarding the issue of perking for the Conquest Estate properties at 585. Main Street, 591 Main. Street, 9 - 11 Catell Street and 14 Catell Street which I understand is pending purchase. I've enclosed a copy of correspondence dated March 8, 1994 which I sent to attorney Edward Russell that addresses several issues by Mr. Russell for the purpose of establishing some historical background of the city's position an these Estate parcels. As described in item S1 of that correspondence, it is the City's understanding that the land area associated with 14 Catell Street has been utilized for support parking for the multi -family uses located at 591 Main Street and 9 - 11 Catell street as well as the 4 unit apartment on this let. This has been a long established, grandfathered use of this lot, Although the number of parking spaces has been grandfathered for this multiple use group of parcels, as a practical matter, parking is problematic. Therefore, I'd recommend pursuing an easement or acquisition of the lower end of Catell Street to establish additional parking area, where this is a dead end street which basically services these lots. If you have any additional questions, please feel free to contact me, Very truly yours, Nancy San Antonio Zoning Officer jt enclosure