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Home My WebLink About1995-11-13 96-23 ORDERCOBNCM ACTION Dale: 11-13-95 Item No.: 96-23 Itern/Subject: ARTH RIZ DISCON FT ASTE PORTION OF CATELL STREET Responsible Deperunene Engineering Commentary: The sou leasterly portion of Cavell Street was cut off from Main Street due to construction of Iraerstats 395. All property served by this section of dead and streM is owned by Richway Associates who has petitioned for its discominuence. Earlier this summer Council Order No. 95. 233 was passed directing the City Engineer to take the steps necessary for discontinuance. Attached is the City Engineer's report relative to these actions. The accompanying Council Order concludes the aiscomiwarice process for the southeasterly portion of Catell Street as described in the report. Mavegel's COminents: '�AiIAN/XX (Lr/� CI M AssociatedIW^ tmama[i(Jep�N�y,r5 , Na{ti.,, Ondlt 45-a331.mo-Py Budget Approval: Fnonce ➢Forfar Legal Approval C�Gd� Imred it For. ® Passage ❑ Read'mg F-1RefeReferral Page — of 96-23 Awipmdto Cmmcdor saldacci November 13, 1995 CITY OF BANGOR (TITLE,) (®rbgr, AUTHORIZING TRE DISCONTINUANCE OF TRE SOUTHEASTERLY PORTION OF CATELL STREET By the cum Couveil KW Oft ofBa .- ORDERED¢ TWT WHEREAS, the southeasterly portion of Catell Street is a Dead End Street only serving property owned by Mchway Associates; and WHEREAS, ltichway Associates has petitioned for the discontinuance of said portion ofCata Street,and - WHEREAS, said portion ofCatell Street Eight -of -Way is no longer considered necessary to serve as a Public Street; - NOW THEREFORE, BE IT ORDERED, that the attached report of the City Engineer be and hereby is accepted; end be it finther ORDERED, that said southeasterly portion of Catell Street be discontinued as a Public Way and removed from the Official City Map, with the condition that a Public Easeanesd be reserved for the maintenance of necessary public utilities. 'IN CITY COUNCIL November 13', 1995 _ 0 RUD E E R 1 Passed Title, Authorizing the Discontinuance yI[ of the Southeasterly portion of CITY CLERK z Cetell Street ...................................... ®gned.ro �/Y....i cotneil$aan 96-23 REPORT OF THE CITY ENGINEER RELATIVE TO Pontoon to Council Order 95-233, passed May 22, 1995, and in accordance with the provisions of 23 MRSA. s. 3026, the City Engineer has given best practicable notice to all abutting property owners, all utility companies, and to the Planning Board of the u wom of the Municipal Officers of the City of Bangor to discontinue the southeasterly portion ofCatell Street, said portion described as follows: AD that portion of the public way known a Coa Street laid out by the City of Sargon, September T, 1899, as lies southweserly of the prolongation of the southeasterly line of Pool No. 20-1, as depicted on a plan of State Highway 395, recorded as the Penobscot County Registry of Deeds in Plan Book 21, Page 21, and the generally northerly right-of-way line of Ramp K of said Highway 395, as sbonm on said highway plan. ]here appeased at the time and place set for the hearing Richard D. Violette, Jr. - Attomey representing Mchway Associmes, Gregory Reed and Mad Cammack representing the Bangor Waw District,'Dpuds Cudaback representing NYNEX, and James Ming, City Engineer. The City Engineer explained that Richway Associates, who owns all the Property which abuts thus section ofCatell Street bad petitioned the Cay for the proposed discontinuance arM that the subject pardon ofCatei Street is no longer needed for pubic access except to provide for maintenance of pubic utilities. W. Violetre spoke in favor of the proposed discontinuance. AB utility company mirman htives in attendance indicted no opposition, provided an easement was retained to allow for maintenance of pubic utilities. The City Engineer sorted that he had previously been contacted by Peter Lbhart, representing the Bogor Hydro Electric Compaq relative to this issue. Mr. J.ibhart had also indicated no opposition to the proposed discontinuance, provided that a Utility Maintenance Easement is reserved. It is recommended that the portion of Catei Street described above be discontinued as a Public Way cid removed Boothe official`City Map, Provided however, that a Public Easement is reserved for the maintmeme of ell necesory pubic utilities. ' 96-23 ' It is further recommended that all remaining interest in the discontinued street shall pass to the aborting property owner in accordance with 23 M R.S A. s. 3026 upon passage of the Discontinuance Order by the Bangor City Council, and that there be no damages awarded as a result of said discontinuance. RRespectt-fu_llly Submitted, JV ames D.R E City Engineer 96-23 NOTICE V. Notice is hereby given that in pursuance of an order of the City Council Order No. 95-233 passed May n, 1995 directing the City Engineer to Discontinue the portion of Cavell Street beginning st Interstate 395 lump 'K and eaendhrg northwesterly to the street which connects with March Street the City Engineer will meet on Monday, November 6, 1995 at 9:00 AM E S.T. in the City Engineer's Offca, City Hall, 73 Harlow Street, Bangor, Maine and will proceed to discontinue said portion of and street and determine the damages or benefits any person will summit by reason therwf and apportion an& 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, dthey see cause then and there to be heard uponthesubject. D, C E2 Notice is hereby given that in pursuance of an order of the City Council Order No. 95-233 passed May n, 1995 directing the City Engineer to Discontinue the portion of Cavell Street beginning st Interstate 395 lump 'K and eaendhrg northwesterly to the street which connects with March Street the City Engineer will meet on Monday, November 6, 1995 at 9:00 AM E S.T. in the City Engineer's Offca, City Hall, 73 Harlow Street, Bangor, Maine and will proceed to discontinue said portion of and street and determine the damages or benefits any person will summit by reason therwf and apportion an& 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, dthey see cause then and there to be heard uponthesubject. D, C E2 �acauu+y �v � II Q AT T iRCLT GQAY-ICI> 5-315 R(vJ ryJ.N$ I (PRn P4N CK.2\ P.1\� It/ f Rlcv{wn 1 ' ASSoca�S J 96-23 November2,1995 POSTED NOTICES CAWS STREET NOVEMBER 1, 1995 Bulletin Board at CityHell Pole at South evd ofCatell Street Pale at Intersection ofCatell At Much Street Jun Geer 96-23 Legal Notices PUBLIC NOTICE .. C3RJ ll�os�g5 96-23 Nyf"Tw) L.Sr CATELL STREET Richway Associates C/O Richard D. Violette, Sr. Attomey a Law P.O. Bax 909 Brewer, Maine 044124906 Htalty Compzaim Bangor Waterastrict Mr. Greg Reed P.O. Box 904 Bnngor, Maim 04401 Cablevision Mr. Harlan Wim mson 149 TargetL siriel Circle Bangor,Maine04401 NYNEX Mr, Steve Polyot 615 Odlin Road Bangor, Mehse 04401 Bar or Hydro Electric Compo Mr. Peter Libhast P.O. Box 932 Bangor, Maine 04401 96-23 I me writing to notify abutting prop" connote; col w ity companies that the City of Bangor is considering discamiraance of the lower pare of Catell Street as a Public Way. A hearing on this matter will be bdd in the City Essences office, City Hat, '13 Harlow Street vert Monday, November 6, 1995 at 9:00 AM E.S.T. Enclosed is a copy of a recent Counted Order d'ireadng Use City Engineer to take the necessary steps to accomplish the discontinuance. Also enclosed is a sketch showing the proposed change and a copy of the formal Pubdc Notice. Further Council notion subsequent to moor Mondays hearing will be reVired before the discomirmance becomes tiaw. If you have my questions regarding this mater, please feel free to contact me at 945- 4400,W,201. Sincerely, James D. Ring P.E. City Engineer