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HomeMy WebLinkAbout1989-06-26 89-300 ORDERDate wdune 26, 1989 Item No. 89-300 Accepting City Engineer's Report - Discontinuance of a Portion of Item/Subject: the Rogan Road Right -of -Way - Approximately 600 Peet South of Stillwater Avenue Responsible Department: Engineering _ Commentary: The City Engineer held a public hearing relative to this discontinuance, consisting of a portion of the former Hogan Road right-of-way which was abandoned as a result of the MOT realignment and widening in 1981. In accordance with the State Statutes, this land would revert to the abutting property owners as it is no longer required for street purposes. Depamm�epunm nre`liee Manager's Comments: -A-0 g $Wu� od w Los) R e w ao4 w k� bd Sol d* P e3 SLO46 City Afewaer Associated Information: Budget Approval: Fine Legal Approval: caysaii..er Introduced For ®Passage ❑ First Reading Page of ❑Referral 89-300 CITY of BANGOR, To the City Council: Pm+wnt W an order of the Cly Council,Order..Ba...:.@4-29]_..._., pueed...May_8..3989.... directing We City Engineer W IryaW[._.4494pativua_a-pnxtinn.nf..[he.inxmez.9ogao.- Mad right-of^aay located on the northeasterly in side of the located Smit[ -of -way as established in 1981. commuting - a pale[ located 811. y1 feet southaste 'Lye""eova distance ofga[ of"-vmately 85 diseilva[ex Avenue and-extevdlvg southeasterly f distance nce f approximately City ffeeq _..__ ... .. .__.We City Engineer bap Inre W vepork That of his intention W mpae tim portionofthe. fnimex 9ogen Soad...xight-of-ieay the City Engineer gave written notice by notices attached W copies of dead order posted for seven due prior W tha.............g@tM1..day...pf_Suve._1984....._.......................__.____.—.__.—..........__. in two "him places in the City of Bangor and in the vicinity of said atreetbe wit: _........Que-Postad_an Bu11et1n..8oa[d...at.Gi[F-Mll;.... .._.__-- - - --------------...-- - Cnp ed, P .- ppo-dt- - for Tile :... ... .......... and also gave notice by causing the came W be published In the BAN" DALLT Mean mans"pm printed in said city, for one week prior W nine.: _. 3uve -20, Tau --_....__copy of mid order and nations, sa posted and published, is heram annexed and mads part oP thin report. - And that the mid City Engineer met at the time and phase of meeting speoMd in the napes and proceeded W dglapa..diaanngiawe..aaid.aacclav_ oE_said...cighc-af-xay.ae_tslin, 10 CITY of BANGOR, To the City Council: Pm+wnt W an order of the Cly Council,Order..Ba...:.@4-29]_..._., pueed...May_8..3989.... directing We City Engineer W IryaW[._.4494pativua_a-pnxtinn.nf..[he.inxmez.9ogao.- Mad right-of^aay located on the northeasterly in side of the located Smit[ -of -way as established in 1981. commuting - a pale[ located 811. y1 feet southaste 'Lye""eova distance ofga[ of"-vmately 85 diseilva[ex Avenue and-extevdlvg southeasterly f distance nce f approximately City ffeeq _..__ ... .. .__.We City Engineer bap Inre W vepork That of his intention W mpae tim portionofthe. fnimex 9ogen Soad...xight-of-ieay the City Engineer gave written notice by notices attached W copies of dead order posted for seven due prior W tha.............g@tM1..day...pf_Suve._1984....._.......................__.____.—.__.—..........__. in two "him places in the City of Bangor and in the vicinity of said atreetbe wit: _........Que-Postad_an Bu11et1n..8oa[d...at.Gi[F-Mll;.... .._.__-- - - --------------...-- - Cnp ed, P .- ppo-dt- - for Tile :... ... .......... and also gave notice by causing the came W be published In the BAN" DALLT Mean mans"pm printed in said city, for one week prior W nine.: _. 3uve -20, Tau --_....__copy of mid order and nations, sa posted and published, is heram annexed and mads part oP thin report. - And that the mid City Engineer met at the time and phase of meeting speoMd in the napes and proceeded W dglapa..diaanngiawe..aaid.aacclav_ oE_said...cighc-af-xay.ae_tslin, 89-300 Beginning at a point on the northeasterly right-of-way line of Hogan Road as laid out by the Maine Department of Transportation in January of 1981, said point of beginning being at right angles to a point on the centerline of said Hogan Road located six hundred eleven andseventy-one one hundredths (611.71) feet southeast from the south- easterly right-of-way line of Stillwater Avenue, said point of beginning being at the intersection of said WEST right-of-way line with the original northeasterly right-of-way line of Hogan Road as laid out and accepted by by the City of Bangor on September 16, 1853; thence North 8" 42' 47.6" West along said original right-of-way line of Began Road for a distance one hundred seventy (1]0) feet, m r less, to a point; thence North 55° 32' 42.6"West along a continuation of said former northeasterly right- of-way line of Hagan Road for a distance of one hundred forty-three (143) feet, se r lea te the intersection with the n northeasterly right-of-way line of line of as laid out by the Maine Department of Transportation; thence In a. generally southerly direction along said northeasterly right-of-way line along a curve to the right having a radius of seven hundred sixty-six and twenty one hundredths (766.20) feet for a distance of two hundred eight -five (285) feet to the point of beginning. Said portion of the former Hogan Road right-of-way abuts the following properties: Springer Realty Company, as described in Deeds recorded in the Penobscot Registry of Deeds in Volume 2088, Page 169 and volume 3569, Page 189. Beginning at the intersection of the southerly property line of said Springer Realty Company property with the original northeasterly right-ofway line of Hogan Road as laid out and accepted by the City of Bangor on September 16. 1853; thence North 8° 42" 47.6" West along said original right-of-way line of Hogan Head for a distance of one hundred twenty-one (121) feet, more r leas, to a point, thence North 55' 32' 42.6" West along aontinuation of said northeasterly right-of-way line of Began Road for a distance of one hundred forty-three (143) feet, were or less, to the intersection of said Original line with the new orth- erly right -of -may line of Hogan Road an laid out by the Maine Department of Transportation in 1981; thence in a generally southerly direction along said northeasterly right-ofvay line along a curve to the right having a radius of seven hundred sixty -aim and two tenths (766.20) feet for a distance of two hundred thirty-five (235) feet, more or less, to a point, said point being on a westerly extension of said southerly property line; thence in an easterly direction along said southerly property line for a distance of ten (10) feet, more or lees. to the original northeasterly right-of-way line of Hogan Road at the point of beginning. The above described area contains approximately 6,250 square feet. -2 Michael Walsh and Mark Walsh, as described in a Deed recorded in the Penobscot Registry of Deeds in volume 2926, Pages 28 and 29. beginning near the intersection of the northerly line of said Walsh property with the original northeasterly right-of-way line of Hogan Read as laid act and accepted by the City of Hangar on September 16. 1853; thence South 8" 42' 47.6" east along said original right -of - Way line of Rogan Road for a distance of fortywine (49) feet, more r len, to the intersection of said original right-ofway line with the new Rogan Road right-of-way line as laid out and established by the Maine Department of Transportation in 1981; thence in a northerly direction along .said right-ofvay line, being a curve to the left having a radius of seven, hundred sixty-six and two tenths (766.20) feet, and extending for a distance of fifty (50) feet, more r less, to the intersection of said line with a westerly extension of the northerly line of said Walsh property; thence in anasterly direction along said northerly property line for a distance of ten (30) feet. more oleas, to the original northeasterly right-ofway line of Hogan Road. The above described area contains approximately 250 square feet. The original right-ufway, line as laid out in 1853 contained an abrupt change in direction, consisting isting of a deflection angle of almost 47° on the continuation of said right-ofway line to Stillwater Avenue. In 1981. the Maine Department of Transportation widened the original right-ofway, from sixty-six (66) feet to one hundred (100) feet and replaced the angular change in direction with a circular curve, thereby leaving approximately 6,500 feet of the former right-of-way no longer being required. There appeared at the time and place set for the meeting Raymond Cote, representing the Springer Realty Company, the original petitioner for the discontinuance of the unused right-of-way, who spoke in favor of the proposed discontinuance. Since the above described land will no longer be required for right-of-way purposes, it Is recommended that it be discontinued in accordance with the provisions of 23 M.R.S.A., 1 3026, and that a publicement be retained for any utilities which may be located within thearea. It is further recommended that no damages be paid c any assessments s be made a result of the discontinuance, since the land was originally taken for highway purposes only. and was not originally purchased by the City. Respectfully submitted. 1TP:lkp John T. Frawley,an IT car -3- 89-300 Aaeip�ed to CowCHOr England, June 26, 1989. /pp CITY OF BANGOR (TITLE.) WYDPXf Aceepti g City Engine r'e Deport -Discontinuance of a Portion of the tl gen_Ro d RigM1t of -Nay App osimately 600 feet South of Stillwater Avenue__.. BY the City Couuit of the 04tY afBagpr. OEDEDED, THAT the attached report of the City Saglneer relative to the discon- tinuance of a portion of the existing Hogan Road right-of-way commencing at a point located 611.71 feet south of Stillwater Avenue, and extending southeasterly for a distance of 285 feet, be and hereby is accepted; and be it further ORDERED, THAT Snaemuch to the portion of said right-of-way is no longer required for highway Purposes Chat it be discontinued as a public way in accordance with 23 H.R.S.A., 5 3026. 89-300 ORDER IN CITY COUNCIL June 26, 1989 Title, Passed Accepting City Engineer's 6epo[t - ...................................... CITY CLERK Discontinuance of a Portion of the Hogan Eight -of -Way Approximately 600 feet ...................................... Soutfi of Stlllwate[ Avenue Aeeigned to Councilman CITY of MAINE to "Ace"' Force Bi IAINE alter LEGAL DEPARTMENT TFL. 21 Robert E. Miller, Cory Solicitor Erik M. Stumpfel, Avistam City Solicitor August 30, 1989 Elsie C. Coffey, Executive Director Bangor Rousing Authority 161 Davis Road Bangor, Maine 04401 Dear Elsie Enclosed please fine a Certificate of Appointment for Judy GLay as a Director of the Carmisaimnera of the Ewsirg Authority of Nn City of Ranger. would you please file it in the official records of the Authority. Verytruly yours, R trt Eeclosuit Do: City Ci George Sirgalr Rg. Robert E. Miller City Solicitor R trt Eeclosuit Do: City Ci George Sirgalr Rg. CITY OF EveMR C=FICATE OF A 01NIMENP This is to certify, in accordance with 3o A M.A.S.A. S 4723, that the appointment of Judy A. Gay, of 8 Fort Knox Drive, aangor, Maine, to fill the unexpired term of Charles G it ae a member of the C issionera of the Housing Authority of the City of Bangor, was eonfitmed by majority vote of the Bangor City Council, Municipal Officers of the City of Bangor, at a m Iar meeting of said Council held on August 28, 1989. Dated: August 30, 1989 'l l Mary 8ullivn, Chair Bangori, City Couuncil