HomeMy WebLinkAbout1984-12-26 85-68 ORDER85-68
Introduced by Councilor McCarthy, December 26, 1984
CITY OF BANGOR
'(TITLE) WY/rier, ..Accepting City. Engineer's, Report - Alteration of e
Portion of the Bangor Mall Boulevard Right -of -Way
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By tU City Godson Of OW alp ofBanlmr:
THAT the attached report of the City Engineer relative to
the alteration of theright-of-wayline of Bangor Mall Boulevard
by narrowing the right-of-way from 100 feet to 80 feet for a
distance of approximately 268 feet at the southwesterly and be
and hereby is accepted; and be it further
ORDERED,..
THAT said right-of-way line be altered as described therein,
and that the vacated land revert to Banmak Associates, the owner
of the adjacent property.
BTAUMVT OF FACT:
The existing 100 foot right -o£ -way was dedicated to the City
of Bangor by Banmak in 1979; however, the northwesterly right-of-
way line was found to conflict with the edge of an existing perking
lot built prior to the dedication. The narrowing of the right-of-
way lime to 80 feet at that point will eliminate the encroachment,
and will not interfere with the travel way.
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CITY of BANGOR,
To the City Council:
Punctual; to an order of the City Council,0rder,._Aoa..5$-.15........, passe.. Trov._,1y,1984
directing the City Engineer to lay am__aa.AltaratdM Af..the Bergcr11a11..BABlevard
........ ................. ...... :......__. _..... the City Engineer begs Irve to report:
That of his intention to lay out said xlght-of-Aey..alteratitirl
the City Engineer gave written notice by notices attached to copies of said aNerpmtel for eevmi
dors time to the, 12th day... of. December, _19a4. ................ ------------- ._....
in two public pieces in the City a[ longer and in the vicinity of said start, to wit:
11
Dae posted on the Bulletin Board at Clty Hall
....One. pgated._An_Dau&i a._$11op.. IN Beene s gp_, oa_Bepgox Mall Boulevard.i_.,.
One poated_on laght pole near southerly end of Bangor Mall Boulevard;
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and also gave notice by roving the same to be published in the BAN= Damm Names, newapupm
December, 1984
printed in send city, for am weak prior to the ..... IM -day _01 /_._... _.copy of said order and
notices, se poste and published, ie hereto snared sedasde pert of this report_______.....__
And that the said City Engineer met at the time andplace of meetiadi specified in the notices
and prmeeded a lay act._aaid.. right-oP-xAY... alteration a„s £ollowa
—1.
Beginning at a point on the northwesterly right-of-way line of
said Bangor Mall Boulevard at the southwesterly terminus as described
in a Deed from Beumak Associates to City of Bangor dated March 28,
1979 and recorded in Penobscot Registry of Deeds in Vol. 2964, Page
31, said terminus being 1,494.35 feet southwest from the westerly
right-of-way line of Hogan Road as measured along oe northwesterly
line of said Bangor Mall Boulevard; thence North 31 43' 23" East
along said northwesterly right-of-way line for a distance of 267.93
feat to a point, being the intersection of the westerly line of Lot
No. 4 as shown on a Plan entitled "Final Subdivision Plan, Bangor
Mall" prepared by the James W. Sewall Company dated October 13, 1978
recorded in Penobscot Registry of Deeds in Bile D-2279; thence
Both 58n 16' 37" East for a distance of 20 Peet; thence South
31 43' 23" West along a line parallel to and 20 feet southeast
from said northwester)yy right-of-way line of Bangor Mall Boulevard
for a distance of 267. y3 feet to the southwgeterly terminus of
said Bangor Mall Boulevard; thence North 58 16' 37" West for a
distance of 20 feet to the point of beginning.
Meaning and intending to describe a narrowing of the existing
100 foot right-of-way to a width of 80 feet for a distance of
267.93 feet northeast from its southwesterly terminus.
The owners of the adjacent property, Bmmsk Associates, have
petitioned the City to alter the right -o£ -way line as shown above
to remove an existing conflict between the right-of-way and the
edge of an existing parking area. The perking area was constructed
prior to the dedication of the 100 -foot right-of-way to the City by
Smack Associates in 1979, and it was overlooked at the time of the
dedication that the proposed northwesterly right-of-way line would
encroach upon the edge of the existing parking area. It has been
determined that the right-of-way line at that point can be moved
in a southeasterly direction for a distance of 20 feet, which will
place it approximately 10 feet outside of the existing parking area,
but will still be at least 6 feet from the edge of the existing travel
way, thereby narrowing the overall right-of-way width at that point
to 80 feet.
There appeared at the time and place set for the meeting James
G.I{gpch,'Esyuire, representing Banmak Associates, who spoke in favor
of ohne proposed alteration. Mr. Lynch pointed out that the present
location of the rigbt-of-valine results in the parking lot being
in nonconformance with the Citya Laws and Ordinances regarding the
setback of parking areas from public ways, and the proposed altera-
tion will eliminate that violation.
There will still remain approximately 6 feet of land between
the edge of the existing travel way and the proposed new right-of-
way line, which is sufficient for the proper maintenance of the
public right-of-way. This space will allow room for plowing mow,
the placement of utilities, or the future construction of a side-
walk, if necessary. For these reasons, it is the recommendation
of the City Engineer that the right-of-way be altered as described
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above, with the 20 £Dot strip of land to be vacated and to revert
to Banmak Associates, the owners of the adjacent property.
A Plan showing the proposed right-of-way alteration, Plan
No. R-BBO entitled "Alteration of Bangor Mall Boulevard Right-of
Way Line", is on file in the Office of the City Engineer.
Respectfully submitted,
J�rew I
.City Engineer J
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