HomeMy WebLinkAbout1988-08-22 88-368 ORDERLountnAction
August 22, 1988
Item No. 88-368
Date
Item/Subject: Authorizing the Discontinuance and Vacation of that Portion of the
- Spaulding St. Right -of -Way Lying Southeast of Bailey St.
Responsible Department: engineering
Commentary:
This section of Spaulding Street 1a an unaccepted
right-of-way upon which
-street w constructed, and would a so
6accordingly.
future purpose as a
- public way; it should be abandoned.
-
#partmentHn
Manager's Comments:
Ciy Mvnvger
Aswciated Information: Qa(lytuCs.
Budget Approval: PA .
FinvnttMnEot
Legal Approval:.
Ca Solicitor
Introduced For
®Passage
Q First Reading page_ of
❑Referral
88-368
Assigned to Couneffor England, August 22, 1988
CITY OF BANGOR--
QITLU (ffirDBT,--Authurizlug.. the_ Discontinuance..and. gasatlon..of.. that portion.. of the
Spaulding Street Ripht f Way flying. Southeast of. 89yley Street
By She afy C&WMO Ofae GSW OfBaHpor:
ORDERED.
TEAT the attached report of the city Engineer relative to the discon-
tiwance and vacation of that portionofthe Spaulding Street right -of -nay
extending southeast from the southeasterly right -of -pay line of Bailey Street
be and hereby Isaccepted; and be it further
ORGEEFL,
THAT said portion of Spaulding Street be vacated and removed from the
.Official City Hap , and that no public easement be retained.
IN'CITY'COUNCIL
August 22, 1988
Passed,
CITY TLERK
'. 88 -3 68 y
�iy6i ORDER 3
Title,
} Autboriziag the Discontinuance and Vacation
that Portion of the Spaulding Street Right -
Lying .4outh444t;
ight-
LYing.Sncthebat .o; ,Salle% .9treea......
Councilman
88-368
A Plan shoving that portion of Spaulding Street to be vacated
entitled "Bailey Street Extension Right -of -Way Plan" dated August 4,
1988, Plan No. R-893 is on file in the City Engineer's Office.
Respectfully submitted,
JTP:]kp John T Frawley,
City Engineer
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88-368
Beginning at the intersection of the southeasterly right-of-way
line of Bailey Street with the southwesterly right -of -may line of Spaulding
Street as laid out and established as public ways by the City Council
an October 25, 1948, said point of intersection being three hundred nine
and ninety-five one hundredths (309.95) feet southwest from the southwesterly
right-of-way line of Ohio Street, as ured along said southeasterly right-
of-way line of Bailey Street; theme South 40° 24' 00" east for a distance
of one hundred a enty-tbree-a� eighteen one hundredths (173.18) feet along
southeasterly extension of said southwesterly right-of-way line of Spaulding
Street to the southeasterly line of land new or formerly owned by Carl E.
Buchanan; thence in a northeasterly direction along an extension of said
Buchanan line for a distance of fifty-one and a emt two one hundredths
(51.72) feet to a point, being at the southerly of land now or
formerly owned by Willis and Florence Long, being at the intersection of
the southeasterly extension of the northeasterly right-of-way line of
Spaulding Street; thence North 40° 24' 00" West along the northeasterly
right-of-way line of"Spaulding Street extended; far a distance of one
hundred sixty and thirty-three one hundredths (160.33) feet to the inter-
action with the southeasterly right -of- m line of Bailey Street; thence
South 44` 58' 16" Nest along said southeasterly right-of-way line of Bailey
Street for a distance of fifty (50.00) feet t0 the point of beginning.
Meaning and intending to describe a southeasterly extension of the
Spaulding Street right-of-way to the southeasterly line of land owned by
Buchanan and Lon, said portion of the Spaulding Street right -6f -way never
having been cepted as a public way by the CityofBangor.
Mere appeared at the time and place set for the hearing Mr. Bruce
Buchanan, representing Carl E. Buchanan, Owner of property abutting the
southwest side of said Spaulding Street extension; and Mr. and.Mrs.. Willis
Long, .both o of the property abutting the northeast side of said
Spaulding Street extension. The City Engineer advised those present
that he was directed by the City Council to vacate said right-of-way in
accordance with the provisions of 23 M.R.S.A.. 4 3027. Since the right-
of-way has never been used for public purposes, and an extension of
Spaulding Street hoe never been constructed therein, the City Engineer
recommended no damages a
result of the vacation of the right-of-way.
He explained that the Statutesprovide that the vacation of a dedicated
right-ofway as described in 23 M.R.S.A., 5 3027 follows the same procedure
s for the discontinuance of a town Way, wherein upon approval of the
Order by the City Council all interests of the municipality shall pass
to the abutting property os to the center of the way. In this instance,
o public easement would be -retained.
Those present spoke in favor of the proposed discontinuance and
cation, and the City Engineer recommends that said right-of-way be
vacated and removed from the Official City Map.
-2-
CITY of BANGOR,
To Ne City Council:
Pursuant is an order of the City Council,Order..Ap...S8-.819.........., penal_ ]p1y_15y 1@88
directing the City Engineer to iaynl6....vacs[e..a_pnpcina-oE.speuI else xr.,t 2yiog......._
the sterly of the theasc ly ight, of- y line of Bailey Street,
City Engineer bens leave t9 report:
That of his intention to minarden vanato a. portion. of speola,ingstreat_.
Me City Engineer gave written notice by notices attached to region of said order portM for given
days prior to Me AM day ul.Auius4. ]988 - .. .............._ .
.................
in two public places in Ne City of Bangor and in the vicinity of asid steeek to wit;
,-One Soared on Bulletin Boardat cuy_ueuj----
__...line parted. mupole_at_Bailsysmd dhi.a-Streets .........._. _._.___.....
One posted on Pole at end of Bailey Street;
and also Save arrive by causing Ne same to be published in the BANWOR DAILY NRwa, arwepapar
printed in said City, for one week prior to Sher. _ Asma z, D,.. 1988.. _.. _.. eopy of said order and
notices, so posted and published, is hereto enraged androids part of this report_ --- ____.._..__
AM that the said City Engineer met at the time and pine of meeting spaciged in the notieea
and proceeded to isymrbc veaate_ said, Spaulding Street
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