HomeMy WebLinkAbout1990-12-10 91-31 ORDERLomas„Acrmn
Date 12/10/90 - item No. 91-31
Item/Subject: Authorizing the Discontinuance of South Street between Pleasant
Street and Front Street '-
Responsible Department Engineering
_
Commentary:
This Council Order will start the process for the discontinuance of South
Street, between Pleasant Street and Front Street, adjacent to the building
presently being rehabilitatedby Burgandy Realty Peters. The City Council
previously agreed to take this action by an Agreement Cowered by Council
Order Na. 90-56 passed January 22, 1990.
A Public hearing will be.held, and the City Engineer will submit a report
at a later meeting, which will complete the discontinuance.
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Associated Information:Q
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Legal Approval:
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91-31
Assigned to Gonane Sosnaud, December 10, 1990
CITY OF BANGOR
(TITh) (Other,.... Auth i ivg [n ._nnp ti once pf g ncn sheet between
Pleasant Street andFront Street
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By 9" City Counsel of the Cup of8amwr:
ORDERED,
TnT , WHEREAS, the City Council, by Council Order We. 90-58 passed
January 22, 1990 ratified the executed Agreement between the City and
Burgandy, Realty Trust for the purposes of limiting public access to South
Street between Pleasant Street and Front Street, which would involve the
discontinuance of said portion of South Street asa public way, while
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retaining a easement for limited public access, in conjunction with the
development ofthe adjacent property by saiBurgandy Realty Trust; and
WHEREAS, said portion of South Street is an accepted public way which
has not been kept passable by the City of Bangor for the use of motor vehicles
for move than thirty years: which, in acordance with the provisions of 23
M.R.S.A., 43028 would indicate that said tight -of -way has beendiscontinued
by abandonment; and.
WHEREAS, a petition has been received from the Attorneys for Christopher
Hutchins, Trustee of-Burgandy MaltyTrust requesting that the City formally
discontinue said portion of South Street
NOW, THEREFORE. Be It
ORDERED. THAT the City Engineer, acting for and on behalf of the Municipal
Officers according to law, be and hereby is authorized to discontinue said
portion of South Street, more fully described as follows:
Beginning at a point on the southeasterly right-of-way line of Pleasant
Street at a point located two hundred twenty-one and one hundredths (221.01) feet
northeast from the intersection of said southeasterly right-of-way line of
Pleasant Street with the northerly right-of-way line of Railroad Street; thence
South 55° 05' 29" East along the southwesterly right-of-way line of South
Street for a distance of one hundred sixty-three and two hundredths (163.02) feet
to the northwesterly right-of-way line of Front Street; thence North 28° 32' 14"
East along the northwesterly right-of-way line of Front Street for a distance
of fifty and thirty-one one hundredths (50.31) feet to a paint, being at the
intersection of said northwesterly right-of-way line of Front Street with the
northeasterly tight -of -way line of south Street; thence Worth 55° 05' 29" Hest
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for a distance of one hundred fifty-seven and eighty-six one hundredths (157.86)
feet to the southeasterly right-of-way line of Pleasant Street; thence South
34° 25' 40" West along the southeasterly tight -of -way line of Pleasant Street
for a distance of fifty and fifteen one hundredths (50.15) feet to the point
of beginning.
Massing and intending to describe that portion of the 50 -foot wide
right-of-way of South Street extending between Pleasant Street and South
Street as originally laid out and accepted as a public way by the City of
Bangor on August 4, 1845. And be it further
ORDERED, THAT the City Engineer, inaccordance with the provisions of
23 M.R.S.A., 43026, proceed to give best p practicable notice to all abutting
property owners and the Planning Board of the Intention of said Municipal
Officers to discontinue and vacate said right-of-way, excepting the -reservation
of a easement for pedestrianaccess, , and make a written return of said
proceedings, together with a list ofpossible damages as a
result of said
discontinuance, and report his findings to the City Council for further
action.
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In City Council December 10,1990 91-31
Passed
ORDER
Title,
City cl" Authorizing the Discontinuance
..................................
of South St. between Pleasant st..
aM Pront..St..
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/I UV COWcilman