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Home My WebLink About1989-02-02 89-90 ORDERCouncil cnon Date Item No. 89-90 Item/Subject: Accepting City Engineer's Report - Discontinuance of a Portion of Parkview Avenue Responsible Department: Engineering Commentary: This Council Order contains the City Engineer's report on the discontinuance of 9 feet at the northerly terminus of Parkview Avenue, as directed by City Council Order We. 88-381 passed December 12, 1988. The passage of this Order mill formally complete the discontinuance process. Deponmm� Manager's Comments: .I �1 pe) µ . t� WA L�y,cyr„ d� M wp eu Q M mn m owl . OQ a as > s l°` Associated Information: - Budget Approval sJ.l} , flv nDo Legal Approval: y5o/irir ` Introduced For ®Passage El First Reading Pope —of ❑Referral _ \I 89-90 Aeopned b Countilw Seal, February 13. 1989 CITY OF BANGOR (TITLE.) -Discontinuance of a Portion Bf the city fieaOel£ Of W 04 ofDINDor: ORDERED, ME the attached report of the city Engineer relative to the discon- tinuance of 9 feat of the Parkview Avenue right-of-way at its northerly terminus be and hereby Is accepted; and be it further ORDERED. THAT said portion of the Parkview Avenue right-of-way be discontinued, the ownership of said land within the right-of-way to be discontinued to revert to Wen F. Towne and Jeanette A. Towne of 295 Parkview Avenue, being the farmer owners of the land prior to the previous extension of Parkview Avenue on April 14, 1980{ and be it further ORDERED, THAT a public easement be retained for any public utilities which may exist within the discontinued portion of the right-of-way. IrvGitg.'O it Febm 13,1989 Pee 3I) wt 8 eyes wtin9 yes EYi9lend,Sesy d,S sulli ,Tilled,Stone - sullivan�Tilley VOtinq NO Blanchette M Cie 89-90. ORDER Title, Ac to ; City E gi 's repro ..................................... Disw tmn Ce Of a Pa m Of .............................. ...... A.®p�ed to (/ Comcilman paid CITY of BANGOR, To the City Council: Pumumt W an order of the City Council,0rder,.8B381_ame�eA, psesed...Pes,..l2.?P$9 direarag the Cifv Emducer W W xail,.,discontinue 9, feet f P kvi_ey_Avenue at the City Engineer begs leave W report: That of his intention W i0pons c.. diacantLwe-_saldporUnnaf..the.-Parkvlew.Ave_. c4ht-of-way the City Engineer gave written notice by notices attached to copies of said order posted for seven days prior W the,.....29th of, paP.e@baS) 3989 _... _..._.. .. .. .-- in two public places in the City of prompt and in the vicinity of said street, to wit: _..__Rne.Fneted_a¢_3Ia13eS1¢.BaarA.a4.A11Y Ulu ..._.----- ------------------._._ ......... -fte posted on Pole #34_ap_epd f P kview,-Av on ,p_ [ d on P 1 #3] at__P_erL. S d .Mt. H p A __ ... _. _. _... .. .......__ ._......... .. _ and also gave notice by carving the same to be published in the EAHaoat Dau.Y Muni, newspaper pound in said city, for one wcek prior to m¢....Dec.._29....3988.................. ropy of mid order and notices, m posted and wbliahed, is hereto anreaed andmade Pett of this report. And that the said City Engineer met at thetime and place of meeting specified in the pictures and proceeded to YgraK dica0pA1,pu4a IQ portion of Parkview Avenue as f llowa, - Beginning at a paint on the easterly right-of-way line of Parkview Avenue located nine hundredseventy-six (976) fee north from the northerly rlkht-of-way line oMC. Mope Avenue, as measured along said easterly right-of-way line of Parkview Avenue, said point of beginning being the northerly terminus of the Parkview Avenue right-of-way as extended by Council Order 125 -AM passed April 14, 1980 and recorded In Penobscot Registry of Deeds in Volume 3074, Page 69; thence In a southerly direction along the easterly line of Parkview Avenue for a distance of nine (9) feet to a point; thence in awesterly direction at right angles to maid easterly right-of-way of Parkview Avenue and extending for a distance of forty-efght (48.00) feet to the w erly right -Of -way line of Parkview Avenue; thence In a northerly direction along said westerly line of Parkview Avenue for a distance of nine (9) feet to the t northerly terminus as laid o on April 14,1980; thence in an easterly direction along said northerly terminus of Parkview Avenue for a distance of forty-eight (48.00) feet to the point of beginning. There appeared at the time and place set for the meeting Mrs. Robert C. Malls of 239 Palm Street' Mr. and Mrs. Owen Towne of 295 Parkview Avenue; Mr, and Mrs. Leroy Grondin of 288 Parkview Avenue; Mr. Sohn Cunningham, Esq., Attorney representing Mr. and Mrs. Towne; and Sohn Frawley, City Engineer. The City Engineer explained the purpose of the hearing: To proceed Co discontinue a portion of the Parkview Avenue xfght-of-way resisting of 9 feet of the northerly terminus. He stated that the request for discontinuance was received from Mr. and Mrs. Town who requested that a total of 19 feet be discontinued. Theen for the Towne's petition, as previously explained by [hem, is that [M1e 18 feet of land formerly belonged to them prior to the extension of the right-of-way on April 14, 1980, and that they did not understand at the time that the extension of the right-of-way would actually result in the acquisition of that portion of their property. Theyyexplalned that it has encumbered the use of their land. to the extent that they are not able to have the use e that they o enjoyed, including the potential to erect a fence along their westerly property line The City Engineer stated that the City Council accepted the Towne's petition, but amended the Council Order to provide for the discontinuance of 9 feet only. The City Engineer explained that the public hearing is required as part of the State of Maine Statutes pertaining to street discontinuance. being 23 M.R.S.A., 4 3026. Ee explained the posting of the notices for the hearing, presented a Plan showing the proposed 9 feet of right-of-way o be discontinued, and indicated that it was his duty under the provisions of the Statute to a any damagewhich might accrue as a result of the discontinuance. s With regard to damages, it was his opinion that Mr. and Mrs. Galls would be damaged by the fact that they have an existing driveway located within the strip of land to be -2 discontinued, which would have to be moved. The City engineer estimated oat of $100.00 to move the driveway, but after eventually obtaining quotations from a few area Contractors, it was determined that the beat price available was from Hughes Bros.. Inc. in the Amount of $200.00. The City Engineer informed Mr. and Mrs. Towne, the petitioners, that they would be responsible for the payment of damages in acordance with the Statute. Mrs. Towne late[ agreed that they would pay the damages in the amount of $200.00. Questions were asked with regard to the plowing of the street, and the City Engineer advised those present that he would show the w terminus of the right-of-way to the Public Works Highway Super- visor, whichwouldmark the end of City maintenance responsibilities. Including plowing. The City Engineer did caution Chose present that the actual method of plowing and stockpiling the sure would be left to the discretion of the Public Works Department, and might result In the stockpiling of sure on the Towne's property at the end of the right-of-way, as it bad been dome in the past. The City would not propose to dump all of the excess snow free the plowing of the street directly onto the Towne's parking asat the end Of the right-of-way,, but would also not [ all of thee within the 9 -foot strip. The Town acknowledged that they would have additional plowing responsibility within the 9 -foot strip of land. There was additional discussion relative to the a of the n Parkview Ave right-of-way, including the need to remove stones and concrete blocks placed by the Walls and the Groudins along the edge of the travel way, which the City feels Is a potential hazard to the public. The parking of vehicles within the right-of-way, especially at night during the winter season, was also discussed, and the City Engineer Indicated that all parties would have to comply with the Ordinance relative to on -street parking, or possibly be subject to citing by the Police Department. He pointed out that these questions were not really germane to the issue nof the diecon- tinu r of the street, but were discussed in the hope that consider- ation nsider- ationcould be given by all of abutting property. Owners to keeping the travel way open as much as possible because of its narrow width. Since the 9 -foot strip of land at the northerly terminus of the Parkview Avenue right-of-way is not needed to serve the needs of the travelling Public, and since Mr. and Mrs. Towne have petitioned for Its discontinuance due t0 the fact that the land originally belonged to them. It is recommended that the 9 -foot strip of land be discontinued and removed from the Official City Map, and that the land revert to Rx. and Mrs. Towne, being the owners of the land prior to the April 14. 1980 extension,. The City Engineer further recommends therention of a public eat for any existing public utilities which may lie within the 9 -foot strip to be discontinued. -3- A Plan showing the portion of the right-ofway to be discon- tinued. Plan No. R-888, is on file in the Office of the City Engineer. Respectfully submitted. TSP:Jkp JaTw T. Frawley. I City engineer -4-