The URL can be used to link to this page

Home My WebLink About1995-11-13 96-22 ORDERCOUNCM AMONr Date: 11-13-1995 Item No.: 96-22 Bau/Subjw: AUTHOR MGTBEDISCONT ANCEOFPATTENSTREETASA PUBLIC WAY BETWEEN MAIN STREET AND BEL R STREET Responsible Department Engineering Commentary: As the Council is aware, the Boom Company has proposd ciewlapiog a major supemiaadat proleet on the former Gare Works eke. Phis pmjmt esti elm enmmpau the arm rnrrmay occupied by Patten Snell and its abuawg Propenes bewem Mare Strm[ and }kWer Strm[. M order to fioali Plambrg and firancmg arrangements, M. for the prajee. the Developer has roluoited that the City take action relative to discououuanoe ofthis secnm of Pazten SArax. Council Order 95-036 lensed m 10/ION5 directed the CityEnginmr W take Abe stela necessary for the c iscon .. ALmrLed is We City Engnmr's report and other mformsnm reUnve to these actions, The ecwmpanying Comal Orhr ceicluha the Wscmtimumm Process. You will ante sat the Order includes a ccmdinon which makes theetfmdw daze ofse diem mann April 1, 1996. Mbe reason for dk5 is sat many of se properties affmnd by the discontinuance are rest currently owasd by either We City or the Ibeveloper. Hdre diecamwuance were w recur raw, t1e City world bluely be obligated w pay damages for such actioa [t u avlicipatW Wei[ all properties w01 be owmW by the Ciry or Ne Developer by se effxtiw dace a'the Way unnance so Ahaz payment m am bens i nemoved Whereas Ahia poroov l panen s tar will remaim a oucil Way until the affeente date, it u not being remora] Wan We Peieia City Map a flus time. A future afterCouncil ONm veal be preserved removing the Wsmmiwed portion of Patten Sn c [he o6r DCity p after all affated PruPenires arevamtd. ' paronem Head Manages COQarants: VY cipmanwr Assouea-&edd,WCao;maiUa,a¢a,a5 p(tu.s Coo+w'f P.aAc195 y3Gv Budget Approval: finance Dimew Legal Approval: Liaminwr Introduced For: ❑ Passage ❑ Fast Reeding ❑ Referral Page of 96-22 Antned to Ca wSullivan November 13, 1995 CITY OF BANGOR (TITLE.) Mrba,... A=QMR THE DISCONTIN CE OF PATTEN STREET AS A PUBLIC WAY BETWEEN MAIN STREET AND HELLWR STREET By the My Camuch of W City ofBa*ror: ORDERED, TUT WHFI2EAS, a major redevelopment project is praposdf the fomiw Gas Works site and all other properties abutting the Iowa portion of Patten Street between Main Street and Hellier Street: and WHEREAS, said abutting properties on Iowa Patten Street will be acquired for the redevelapmevt project: and WHP.REAS, said portion of Patten Street Itight-of-Way between Main Street and Helfier Street wall no longer be considered necessary to serve as a Public Street, NOW, THEREFORE, BE IT ORDERED THAT, the mmchd report of the City Engineer relative to the discontinuaue of Peace Street be and hereby is accepted; and BE 7 FARTHER ORDERED, THAT said portion of Patten Street between Main Street ad Hellin Street be discontiwd as a Public Way subject to the fallowing conditions 1) The eBbcfve date of the discountenance shall be April 1, 1996. 2) An easanmt shill be reserved within the discontinued right -of --way for purposes of maintaining public sewer, drainage, and water facilities by the City of Bangor and the Bangor Water District. IN CITY Omit 96-22 November 13, 1995 O R D E R Passed 1 .Title, Authorizing the Discontinuance of CITY CLERK - 'Title, Street as a Public way Between 'ryaln.Street andtlellier Street a b ... Amagned to ...................... CnnnciPman C" 96-22 REPORT OF THE CITY ENGINEER RELATIVE TO DISCONTINUANCE OF PATTEN STREET AS A PUBLIC WAY BETWEEN MAIN STREET AND RELLIER STREET Pursuant to Council Order 95436 October 10, 1995, and in accordance with the provisions of 23 M.R.S.. s. 3026 the City Engineer has given best practicable notice to all abutting property owners, all public utility compaaia, and to the Plamdng Board of the intention of the Municipal Officers of the City of Bangor to discontinue the portion of Patten Stred between Main Street and Hellier Street, said portion described as follows. Beginning m the intersection of the northwest aide of Main St. and the southwest side of Patten St. at the northeast caner of a wool of land described in a dead form David Braidy to Ralph W. Brown, Jr. and Myrtle M. Brown dated May 17, 1967 and recorded m the Pembscot County Registry of Deeds in Vol. 2104, Page 265; thence N 68011 W" W, by and along the southwest side of Patten St. as shown on a plan ofPamen St. recorded in me City Engineer's office in Plan Book 2, Page 47, two hundred eighty-one (281) feet, more or less, to an angle in said Patten St; thence N 6304708" W, by and along said Patten St, one hundred forth -eight and seventy-one hundredths (148.71) feet, more or less, W a point where the east line of Hellier St. attended intemec[e the southwest Me of Patten St.; thence N 7A°3(1 W E, by and along said Hellier St. line extended, fitly and two am hundredths (50.02) fee[, more or less, to the comer of Patten and Hellier St.; thence S 6304708" E, by and along the northeast side of Patten St, one hundred forty-eight and twenty-seven one hundredths (148.27) feet, more or less, to an angle in said Patten St; theme S 68011'08" E, by and along the northeast side of Patten St, me hundred seventy- eight (278) @at, more or less, to the northwest line of Main St.; theme southwesterly, by and along said Main St, fitly and one am hundredths (50.01) fed, more or less, to the post¢ of beginning The above description was prepared by lames M. Greer, PS #1129, 73 Harlow St, Bangor, ME. Beatings are oriented to the Maine State Coordinate System East Zone, NAD 1927. No plan of the premises has bean prepared. There appeared at the time and place set for the hearing Gregory Reed and Donald Cammack representing the Bangor Water Distrix, Dennis Cudaback representing NYNEX, and James Ring, City Chapter. r. The City Engineer explained the protest for discontinuing public ways. He further explained that discontinuance of this portion of Patten Street is necessary for a redevelopment project involving the former Gas Works site and adJamm properties on lower Patten Street. Upon discontinuance, an easement would he reserved for the 96-22 maintenance of sewer, norm drain and water lines which are to remain within the portion of Patten Street to be discontinued. All other public utilities will be unmoved. Mr. Cudaback indicated no opposition to the proposed discontinuance. MSSRS. Reed sed Cammack also indicated an opposition to the proposed discontinuance Provided a maintenance easement is retained with the further indication that there were two etiniog warn mains bone 6" I . + one 16' Dia.) within the portion of Patten Street to be discontinued, both of which need to remain in service The City Engine" stated that he would convey this information to the Develop". The City Engine" stated that he had been previously contacted by Peter I.ibbart, representing the Bangor Hydro Electric Company relative to this issue. Mr I.ibbw had also indicated no opposition to the proposed discoraimance. The City Engineer explained that the proposed discontinuance action was being taken at this time to facilitate the developer's needs for project financing arrangements, but that the Discontivaence Order would be worried such that the actual discontinuance would not become affective nam April 1, 19%, prior to construction. It is recommended that the portion of Perm Street described above be discontinued as a Public Way, subject to the fallowing conditions: 1) The effective date of the discontinuance shall be April 1, 1996. 2) An easement shall be reserved within the discontinued right-of-way for purposes of maintaining pubfic sewer, drainage, and water facilitles by the City of Bangor and the Bangor Water District. It is further recommended at ell renin ng interest in the street shall pass to the abutting property owners of record on the effective date of the discontinuance in accordance with the provisions of 23 M R.S,A s. 3026. It is anticipated that ownership of all properties Wheeled by the discomiwanw will be either by the City of Barger or the Developer prior to this effective date of the Discominuatme. Therefore, it is recommended that there be no damages awarded as a result of said Discontinuance. RwpmfLdly Submitted, fames 13Ring, RK City Engineer 96-22 RIIAco" u Notice is hereby given that in pursuance of an order of the City Council Order No. 95436 passed October 10, 1995 directing the City Engmeerto Discontinue the portion of Patten Street between Main Street and Helier Street the City Engineer will meet on Monday, November 6, 1995 at 10:00 AM E.S.T. in the City Engineers office, City Hall, 73 Hadow Street, Eengor, Maine and will proceed to Discontinue said portion of said street and detemnine the damages or benefits any person v0 sustain by reason thereof and apportion such damages or benefits, if any according to law, upon the lots or parcels of land damaged or benefited by such discontinuance. Notice is hereby given to all persons interested in the premises to appear at the above mentioned time and place of meeting, if they see cause than and there to be heard upon the subject. D- Engineer Notice is hereby given that in pursuance of an order of the City Council Order No. 95436 passed October 10, 1995 directing the City Engmeerto Discontinue the portion of Patten Street between Main Street and Helier Street the City Engineer will meet on Monday, November 6, 1995 at 10:00 AM E.S.T. in the City Engineers office, City Hall, 73 Hadow Street, Eengor, Maine and will proceed to Discontinue said portion of said street and detemnine the damages or benefits any person v0 sustain by reason thereof and apportion such damages or benefits, if any according to law, upon the lots or parcels of land damaged or benefited by such discontinuance. Notice is hereby given to all persons interested in the premises to appear at the above mentioned time and place of meeting, if they see cause than and there to be heard upon the subject. D- Engineer November 2, 1995 POSTED NOTICES PATTEN STREET NOVEMBER 1, 1995 BaHet Board at City Hall Pole at Main & Patten Street Pole at Patten & HeHier Sheet Tim Green 96-22 Level Notices -PUBLIC NOTICE Persons Imei ecs In the Pna mises.to apyeer.at the above mentionePNme-ano. Place of meetinpdth f ey age cause than anC that*tObe heard upon the subject,.:= James 0. Rinal .'... CIty.Engineer Cfly.Of Bangor, Mahle - - November.3,1995 96-22 13btz a/e3/qg 96-22 PTfUATwra 45T PATTEN STREET Peoples Heritage Savings Bank P O. Box 9540 Poniard, Maine 04112 Ms. Jacqueline Rawcliffe Ms. Marta J. Nelligan 373 Main Street Bangor, Maine 04401 Mr. Mwhad E. Howe 164 Grow Street Apt. #2 Bangor, Maine 04401 Mr. & Mrs John Conga 7 Patten Street Bangor, Maine 04401 Mr. & Mrs. Delano Merritt 21 Patten Street Bangor, Maine 04401 ThdRealty, Mc. C/O Mr. & Mrs. Derek Thomas RFD #3 Box 1495 - Bangor, Maine 04401 Mr Vance M. Tripp RFD #3 Box 1575 East Holden, ME 04429 L. Bomstein & Company, Inc. P.O. Box 172 Somerville, MA 02143 Can= Service Co. Mr. Lloyd Willey 214 Perry Rand Bangor, Maine 04401 96-22 Ns[1FR� Lisf— PATTEN STREET Utility Companies Bangor Waver District Mr. Greg Reed P.O. Box 804 Bangor, Maine 04401 Cablevision Mr. Harlan Willimnaon 149 Target Industrial Circle Bangor, Maim 04401 Mr. E Mr. Smvepolyct 615 Odlin Road Ban Bangor, Maine 04401 Bangor Hydro Electric Company Mr. Peter LibhW P.O. Box 932 Bangor, Maine 04401 96-22' FOR, I am writing to notify abutting propwty owner and utility companies that the City of Bangor is considering disenntinumce of the portion of Patten Street between Main Street and Hellier Street es a Public Way. This action is being contemplated due to the proposed ShaWs Supermarket Project. A hearing on this matter will be hold in the City Engineer's office, City Hag, T3 Harlow Street next Monday, November 6, 1995 at 10:00 AME.S.T. Enclose! is a copy of a recent Canned Order dvecting the City Engineer W take the necessary steps to accomplish the discos inuance and a copy of the formal public notice. Fuller City Council action subsequent to next Monday's hearing will be required before the discontinuance process is finalized. The effective date of the conthmarmz will fiWy be early next spring, Just prior to actual work on the ShaWs PrcjW commencing If you have any questions regarding this matter, please feel free W contact me at 9454400 and. MI. Sincerely, James D. Ring P.E. City Engineer �V (,r= iV6PCticALl°'J LET�J'— fA�,L Q> 1O�3t�45 (FwreGt u)