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
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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