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,
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Associated Information:
Budget Approval:
Fil-InIeDlIeC901
Legal Approval:
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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
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