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HomeMy WebLinkAbout1991-04-08 91-158 ORDERwen on Date 6/8/91 Item No. X58 Ilam/Subject: Authorizing the Discontinuance of South Street as a Public Way between Pleasant Street and Front Street Responsible Department: 9nglne¢ring Commentary: Mis Council Order completes the process of discontinuing the South Street right-of-way between Pleasant Street and front Street, a process which was started by City Council order No. 91-31 passed December 10, 1990. Passage of this Order will complete the discontinuance. 1. DeP rim r Heed Manager's Comments; /s )�ALQAAAJJ I� .�._.�...1�s, q p�h/�/�-%i�a F�gWtWY4.M,WtD��4�0�i�M, �X�',"r,�^""IUe.Uw^ bsiD NA a �;yg,�,mger Associated Information: Budget Approval: Fil-InIeDlIeC901 Legal Approval: c;y sobsear Introduced For Passage First Reading - -Page _of_ ❑Referral 91-158 Aeaigpedb CouncOoc Sosnaud. April 8, 1991 CITY OF BANGOR (TITLE.) Mrbeif Authorizing. the Discontinuapoe of. Son. th Street as a Public, Wap between Pleasant Street and Front Street By the City CoayeO of My of Barger: ORDERED, TUT the attached report of the City Engineer relative to the discontinuance of South Street beneen Pleasant Street and Front Street be and hereby is accepted; and be it further ORDERED. TEAT said portion of the South Street right-of-way be discontinued as a public way, and removed from the Official City Map. In City CounMi April 811991 passe C yCWK 91-158 ORDER Title, Affihorizing the discontinience of South street as a public way between .................. 4.................. pleasant et. ani feout st. ............. Avigned ............. .................... � � `COMCilman z 9:d aantZ ft CITY of BANGOR, To the City Cnundl: Pursuant to an order of the City Council,OrderJia,_91..31........... . passed. Decenbarll0....1990 directing the City Engineer to BBABBS _a eco_lCme-Booth.Street..bs[veeo.3leaeewc...&ereee and Front Street ....._._._:.___.....____....__........_...__ __...._._....__._..:.the City Engineer bege leave to report: That of his intention to I$f'bSE_. disc cinae .said ..99rtiav_af doescia SYcLost ........— the City Engineer gave written notice by notices attached W topics of said order posted for seven 37th day of March, 1991 days Prior to the..._..__...__.. .______....................... in two public places in the City of Bangor and in the vicinity of said street, to wit: One on -Bulletin Board at City Hall; ............. _.. .............-- One on stub pole at intersection of Pleasant and South Street: One on pole near the intersection f PronC St d South S[ -r and also gave notice by causing the same'ta be published in On Barash DAILY NEWS, newspaper printed in said city, far one week prior to Wa..ka[sta2Z....1991....... ..__-copy of said order and notices, so posted and publishel,:IS hereto annexed and made part of this report.. _._...................... And that the said City Engineer met at the time and place of meeting specified in the notices and proceeded to k(iilXf° a-2PrtQn of—sXid,_llgUE _agrgt.K. as follows: _1_ 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 rlght- -way line of Front Street with the northeasterly right-of-way line of South Street; thence North 55' 05' 29" West for a distance of an 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 right-of-way line of Pleasant Street for a distance of fifty and fifteen one hundredths (50.15) feet to the point of beginning. Meaning and intending to describe that portion of the 50 -foot wide right-of-way of South Street extending between Pleasant Street and Front Street as originally laid out and accepted as a public way by the City of Bangor on August 4, 1845. There appeared at the time and place set for the hearing Hr. Christopher Hutchins and MT. Chip Hutchins,, representing Burgundy Realty Trust, the owners of most of the property abutting that portion of the South Street right-ofway to be discontinued; Rodney McKay, Community Development Director; and John Frawley, City Engineer. Burgundy Realty Trust was the original petitioner for the discontinuance of South Street. since they presently are in the process of restoring a building on the northeasterly aide of South Street, which will ultimately encroach into a portion of the right-of-way. Asa result of prior negotiations with the City. Burgundy Realty Trust eventually intends to construct a pedestrian walkway along a portion of the South Street right-of-way to a pedestrian bridge over the existing Maine Central Railroad tracks, to provide more direct public access to the a waterfront e A small portion of the frontage n thea southwesterly side of South Street is owned by the City of Bangor. Under the provisions of 23 M.R.S.A. 63026. it is intended by this discontinuance to retain a public easement for any existing utilities and for future pedestrian access to the waterfront( otherwise, any remaining interests of the City shall pass to the shuttle& property owners to the center of the way. 'Phe Messrs. Hutchins spoke in favor of the proposed discontinuance The South Street right-of-way described above has not been used by the public for many years, and is impassable for vehicles. Further - e, the City hes not kept that portion of the right -of -wry passable forthe a of motor vehicles for 30 o consecutive years prior to January 1, 1976 which, under the provisions of 23 M.R.S.A. 63028 is prima facie evidence that said right-of-way has been discontinued by abandomment. -2 It is recommended that the south Street right-of-way between Pleasant Street add Front Street be discontinued and removed from the Official City Map. Respectfully submitted. JU;Jkp John I. Frawley, City Engineer -3-