Loading...
HomeMy WebLinkAbout1992-08-10 92-390 ORDERDie 8-10-92 Item No. 92-390 CREER: Authorizing City Solicitor to Ne9otSeta Acquisition ItemwBublert: of E)nairage Fzaeomts Adjacent to ( aol Sb. Fdsld Responsible Department: legal Deparpr®nt Commentary: By Council Orders 91-261 real 91-286, passed Sure 24, 1991 and July 22, 1991, respectively, the sty O>mail fom y A: m....r: m.w the fastest Enfield Street, a dedicated, unbuilt public way adjacent to the nDrGxasterly line of the Cdty's Cazlaal Street Field. Sas attadad stretch. At ile tone of disantinaatvre, because the Street had been abenrbnlal for mss than 30 fears, rea public eaa®art were aetained. Because Eaffeld Street was originally dedicated prior w Janmaty 1, 1979 and was created artirely out of pmperty venal by predrares^,ora fn title to, wrens of the lots abutti the easterly lire of the Street, a queartion tae ariser as to whether the abutters, Lcluding the City, take title to the cerate l of the street as provided in 23 M.R.S.A. S 3026, or whether the easterly abutters (contlmad on next page) /yy7 �n m v.xwe wMager's Comments: Q4 m0 � .2 u s �+ Kao &.n . eft /I © Ce,a,�i,.�i—rAo Ci.�%e�.ii.F�o-p , m p r u.^w�9h DUHv�duMstA. aA. OrV�.lwatlD ob. tln "ai`i".�wu.a Certl✓�,.d. fr}o 1w o6.tQ,luueoQ..a,uca,a..�v^r"a\ . 0 - ciro,w.ep. Aaraciated Informiion: Order, Sketch, Statutes Budget Approval: fl..aaalre Legal Approval: 9M 471. ' City Solioieor Introduced For O Paused L First Reading Paye 1 of 6 EP Referol take title to The entire area of the tlisoaminaM street, as provided in 33 M.R.$.A. 5467. Copies Of these statutes are attacM1ed. We to the dearth of case lav adireser g the conflict in the statutes, the result of this issue is unalavr. My own opinion, �, is that the TLtle 33 provision w prevail. In additiam to the title crscsrns, another issue has arisen relating to drainage frw Garland Stress Field. The attached Order wcvld authorize the City Solicitor to contact The easterly abutters; on EnEieltl Street for the p rpose of negotiating conveyance of a draniega teasers; to the City of Bangor. I would mnrc plate negotiating the wmsgunoe of drainage easements in exchange for a release of any City Claims w the westerly half of the Enfield Street right-ofw . The City would ten be in a position to toSect any drainage problem, tt it order w do no. brouOt proposal a Ma is several ibans Sneers ptvperMa wrens when ave form xea straight before mme ance of t e eastarly 251 of on aures: 7th was St eels for a straight fee conveyance Of The asswy t 25' Of Tha tract the exi Street ai as City, in return far ce W trash: n by hs Citdes w he cos[ the entering drainage p sieve nttl w ixse this sP trash li Cotte sides of They owner pmperty nine. I would Plan w ranee this poealhility with Tia laIXxe2tY wren mxhcenhed. sit Ring, City Engineer, has indicated that a 25' strip a+0uld be adequate w correct existing drainage problems In the area cwrerrad. 92-390 Auigned to CowNd Saxl, Aaguat 10, 1992 CITY OF BANGOR Authorising City Solicitor to Negotiate 1. Acquisition of Drainage Easements Adjacent to Garland St. Field By w cav Gammen o7w city Naa*w . .'7•Ti3d�.I t7 TEAT the .city Solicitor is hereby authorized to contact property ownersabuttingon the former 'Enfield Street, for the purpose of negotiating acquisition of drainage easements in the area adjacent to the northeasterly line of Garland Street Field. 92-390 ORDER Title, In City Council August 10, 1992 AuToeinCity Solicor to Negotiateeased Ac%u3snlvv of Drainage Caeemevts ....... St. F .......... 1- adjacent to Garland SL Field .......�./p.j/....�.. 4.j.] ................... C1ty ark 4(A^�I"�a 6V As to ....... K ^�^ ............... Councilmen ea, I E. 5.-53 ® a5 Pn - S S S PEf Io C.S. se -1 Garlard�Sfreef pielcl a D a� 0 P� HOP„: ANGELA ST. hd y73 8 iQl x a D a�