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HomeMy WebLinkAbout1993-04-12 93-216 ORDERpoor 04-13-93lum No. 93-216 018101, ga rt izfng the Dismntimaarc® of a 6bxtion of DMAM Item/Subject: Responsible Department: 8aji5e�ieg Deal Commentary: tamcil Aider 93-146, passed on Felvtaaty 0, 1993, dita:ted Una City 0gineex' W calor appropriate action to dy wem'imu a portion of Douaxing iniad. gfiis C :1 mrar ancepts Ube City Fnguieet's repot and rep� ifs final std fn the of said potion of DxmSvig ibe<l. ixpammm, xee Manager's Comments: g ection has bean nevisesd mid apf red on nuociwa tmasimis. mtda is tM fital ac[i¢t rase ty to discoMlmte the portion of Dxanvy &tsi which ahetfs the Property mcmtly L ¢chased for Airyxt Frcpaees. (fr CitYMvmger A5asuarred Information: 61er, Enci is Report Budget Approval: Fimnee Dirtm Legal Approval: /y✓��'^� � /Yu City SWivitar"I Introduced Forop)54AI-r �Ssage First Rending Page _ of Referral 93-216 Ampod to Contact Soucy, April 12, 1993 CITY OF BANGOR QITLEJ(OrbtX2........................Authorlsivq..LT Di t.,.a.,.•=. of-a.Postion. of-D>wtvai By t aty Cpeaeil of W cw otaa*ua: ORD&BED. THAT the aCtacMa x p of U City Engtneei nelative m the afacrn+tt.„+..-e of Ute soutlrvRstexly paroian of Dsmvig F d be and hereby is accspced; and BE IT £I)RDH91 CI✓06pfD, THAT said gaYian of U Diming Ibnd right -of ay be a: • m a As a Public way. and nemcmi fvw the Official Ctty t . In eccortlerce with 30-A, 6 §¢3026, no pabllc easeoenta stall be retain i. IN CITY COUNCIL April 12, 1993 PAS CL CIT CLRRM 93-216 ORDER Title, Aatfiotizing tM1e Discontinuance of a Pardon of Downing Road •• •........ •••..... ........�.......f.......... /n ..... ..... ...... �'✓ M A.®gned to ......F4.' ..�v~=`T`�—� ....... v Comcilmzn 93-211 _ of eay� V a e CITY of BANGOR, To Due City Council: - Pursuant to an order of the City CouncilDider..... -93-166 ............... passed 12bimary-8..._1993 directing the City Engineer W WYN:ORRAL-_"rntinue_a-ynrtim-of .norma®. -Road-.._ ............... ._..--------- _----- .-_-.___-.-_-_.---- ...............-.-..__.-...--.... the City Engineer begs leave W report: That Of his intention W Ya 6el[.._AiscaP.Finue.a. pnxxSon.af_said.noun.ivg.-Read- the City Engineer gave written notice by notices attached to copies of amid order posted for seven days prior W the-..__...3r4-awy-iit-Y ch. 1993 .............: ...--..... in two public places in the City of Bangor and in the vicinity of said street, W wit: One an Bulletin Board at City Hall: 0 „_yt111ty p 1 [ince[ e4iipPp;--Dpig St, And. Dq mjpg RpAdt _.. ..and also gave notice by causing the sane W be Published in the BANGOR DAILY Nsys,newspaper printed in said city, for one week prior W 19rg0........-ifes4h..L.-1993_........... _copy of said order and notices, so posted and published, is berets annexed multitude Part of this report ...............:_-.-_ And that the said City Engineer met at the time and place of meeting specified in Use notices and Proceeded W Wgvt......dlflcoveLme.A.par.tinn_oE_.flaid-pnortsig Baad...rlghk-oE-vay as follovs: -1- Beginning at a 86 steel Taber set in the northwesterly line of the Downing Road at a paint two thousand,flve hundred twenty-five (2,525) feet, more r less, from the intersection of the northwesterly side of the Downing Road with the southwesterly line of Union St. (formerly Valley Ave.), said 86 steel rebar defining the southeasterly career of the parcel described in a prior deed from Charles W. Sprague, Jr. [ the City of Bangor dated July 1, 1991 and recorded in the Penobscot Registry of Deeds 1n Volume 4866. Page 76; thence S 36' 09' 00" W by and along the northwest side of Dousing Brad three hundred s my -six and ninety-nine one hundredths (376.99) feet to a point; relearn N 53° 51' 00" W twenty—five feet to a point; thence 8 36' 09' 00" W ninety -vine and thirty-eight one hundredths (99.38) feet to a point; thence S 45' 35' 31" Roe hundred twenty-one and twenty-five e hundredths (121.25) feet to a point' thence N 36° 09' 00" E one hundred seventeen n and sixty-three one hundredths (117.63) feet to a paint( thence N53' S1' 00" W twenty-five(25) feet to a point; thence N 36' 09' 00" E by and along the southeast aide of the Downing Road one thousand two hundred thirty-six and fifty-four one hundredths (1,236.54) feet to a paint thence N 550 37' 15" W a mn y and two one hundredths 00.02) feet to a point o the northwest sideofthe Powering Road; tehnce S 36' 09' DO" W by and along the northwest side of said Dawning Road eight hundred fifty-eight and sixty- five one hundredths (858.65) feet to the point of beginning. Meaning and intending to describe a portion of the 70 foot wide right-of-way of Downing Road as originally laid out and accepted as a public way by the City of Bangor on January 19, 1945. Written notice of the public hearing for the discontinuance of this portion of Downing Road was given to all property owners on Downing. Road. At the time and place set for the hearing, no me appeared to speak relative to the proposed discontinuance. The City of Bangor has recently acquired all property abutting bath aides of the portion of Downing Road proposed for discontinuance for future airport expansion. Continued u of said portion of Downing Road as a public way is no longer neces ary to serve the public need. In accordance with the provisions of 23 M.R.S.A. § 3026, under a discontinuance action, any interests of the City would pass to the abutting property owners to the center of the right-of-way. Since the City owns all the abutting property in this Instance, ownership of the discontinued right-of-way is retained by the City of Bangor. The proposed discontinuance ofsaid portion of Downing "ad was o brought before the Planning Board, who endorsed and recommended the discontinuance and removal of the right-of-way from the Official City Map. -2 It is recommended that said portion of bowing Rosa be discon- tinued and v cated, with no retention of a public easement, mad removed from the official city Map. Respectfully submitted, issues U. Z City Engineer -3-