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Home My WebLink About1981-10-26 81-308 ORDERe1-306 Introduced by Councilor Soucy, ontoEaz 26, 19U CITY OF BANGOR (TITLE.) (DXy� Acceptance oi_City Engineer's Report Discontinuance of Cedar Stree------- _.. _._._ ........... _..._ By the City Cowart of the City ofBaug : .ORD&RED, THAT the attached report of, the City Engineer relative to the discontinuance of that portion of Cedar Street extending 356 feet northwest from the northwesterly right-of-way line of West Broadway be and hereby is accepted, and be it further ORDE(iBD, - THAT said street be discontinued in .accordance with the provisions of 23 M.R.S.A., Section 302'], and that said street be removed from the -Official City Map. In City Council October 46,19d1 8 —308 Refered to public works Comoittee 0 R D ER Consider next meeting Title, ^ AaceRtwce.of A y 4igineer s Rayon Dieaantineenc¢ of Ceder Street. 356 feet C ty Clerk ................................. NOrtbwnst from West Broadway In City Council November 9,19e1 Introduced anfj £il by Passed a 'ty Cler Beginning at a point on the northwesterly right -o£ -way line of West Broadway on a northwesterly extension of the existing centerline of Cedar Street, said point being 64'].5 feet southwest from the southwesterly right-of-way line of Union Street; thence in a northwesterly direction along an extension of the existing Cedar Street centerline for a distance of 356 feet to the southeasterly line of a dedicated right-of-way known as Eighth Street. Said right-of-way, as originally proposed, has a width of 66 feet, measuring 33 feet to either side of, and at right angles to the above- described centerline. In addition to the posting of Notices as noted above, written notice was also sent to Mr. Stephen King of 47 West Broadway and Dr. Carl Irwin of 39 West Broadway,being the only abutting property owners. There appeared at the time and place set for the Bearing Dr. Carl Irwin, Mrs. Stephen King, Elizabeth Warren of 48 West Broadway, Christine goal of 29 West Broadway, and Penis Cowan of 11 West Broadway, The City Engineer explained to those present that the right-of-way in question was never accepted as a public way, nor was it ever constructed as a City street; it was apparently originally part of a proposed subdivision which was never constructed, and lots were sold in such a manner as to reserve the right-of-way for future use. The City Engineer also explained that since the right-of-way would serve no public purpose, then it could be discontinued in accordance with the provisions of Title 23 M.R.S.A., Section 3026, with the land reverting to the abutting property owners to the centerline. A public easement would be retained for the maintenance of a water line which serves both abutting property owners. The City Engineer further indicated that no damages would be recommended for the discontinuance of the right-of-way. Mrs. King and Dr. Irwin indicated that they were in favor of the proposed discontinuance; however, Mrs. Warren Mrs. Szal and Mrs. Cowan expressed a concern that access to the Asyford Field play- ground by way of the existing right -o£ -way could be terminated by the abutting property owners. The City Engineer suggested that the proposed City action to discontinue the right-of-way would not preclude any rights that they might have for access along the right-of-way to the park. It was suggested by Mrs. Cowan that perhaps the City could require that the abutting property owners give an easement to the neighborhood property owners to use the right-of-way for access to the park; the City Engineer indicated that this would probably not be possible, since the City would not have the right to make that demand, neves having had any formal claim to the right-of-way. It is recommended that the right-of-way be discontinued and removed from the Official City Map. The Planning Board has approved the removal of the right-of-way from the Official -2- City Map, as outlined in a letter from the Planning Officer, a copy of which is attached, It should be pointed our that there is sufficient access to the Hayford Field Park by way of sidewalks along West Broadway and Union Street, and the abutting property owners could best control the unauthorized use, including vandalism and loitering, which occurs on the right-of-way at the present time. , A Plan showing the existing rigbt-of-way is on file in the Office of the City Engineer. Respectfullysubmitted .1�y^ Toho T.T. Prawley, Ci T Engineer -3- CITY of BANGOR, To the City Conseil: Prominent to an order of the City Coundl,order,_Ho,a_ 81r228.,._, yaeaad,_ 6e_pt._28.t._1981- directing the City Engineer witmannots disconti�e...Shat...P.oxtion.aY._Aeder_&treat ...eatendiag...35E._feet northwesterly frpW_the nor&hV✓oaterl�right—oY— ._way line of Wast Broadway,.the City Engineer begs leave to report: Thntof his intention tolarismir_ddeeentinne..,2aid.. portion..nS_P_edar.. Street__ the City,Engineer gave written notice by notices attached to copies of said order pasted for never drys prior to the. 14th day, o£_October _1981___ in two public plaroe in the City of Bangor and In the viunity of said street, W wit: Bulletin Board at City Hall .,,One on 24',meple in front_of house at_47 West Broadway _ _ One on tel.,po_le f�6, corner of Cedar and West Broadway end also gave notice by causing the same to be published in the Bannon Dm.r Ngw& newspaper Printed in said city, for one week prior tom. October- 144 1981,1.may of rid order and noticea, as pasted and aubgnhed, he hereto annexed andriade part of this report..._...._ --- _.___ And teat the said City Engineer met at the time and phaco of mmdW spal0ed in the saner unit proceeded tobr_discontirue. said- street _89...SAlle3id------ ....____ —1 Bangor, the comer of Mafmo rhe Gakuny to Maixi North Woods and Searhom Remrh DATE: October 2n, 1981. TO: The Honorable City Council' FROM: The Planning Board SUBJECT: Official Map Deletion Proposed Cedar Street Council Order No. 81- 309 In accordance with the requirements of Chapter VI, .Article 2A, Section 9 of the Laws and Ordinances of the City of Bangor the Bangor Planning Board held a public hearing on the above official map amend- ment The Board voted five in favor and none apposed to recommend that the City Council delete the proposed street from the Official Map. �.. qt o m or Planning Officer JML/P RODNEY G. FACKAY CITY HALL OWN, BANGOR, VAINe 04401 T"'071907OD01 JOHN M. LORD .IE„,.i., o„ �a, Isitg of Pausor, Paint DATE: October 2n, 1981. TO: The Honorable City Council' FROM: The Planning Board SUBJECT: Official Map Deletion Proposed Cedar Street Council Order No. 81- 309 In accordance with the requirements of Chapter VI, .Article 2A, Section 9 of the Laws and Ordinances of the City of Bangor the Bangor Planning Board held a public hearing on the above official map amend- ment The Board voted five in favor and none apposed to recommend that the City Council delete the proposed street from the Official Map. �.. qt o m or Planning Officer JML/P M introduced by Councilor saucy, October 25, 1561 CITY OF BANGOR (TIRE.) (Drbrr,..._Acoeptance.of_Crty Engineer's Report - Discontinuance of Cedar Street, 356 feet Northwest from West Broadway BY the City Can of the inky ofBm .' ORDERED, TORT the attached report of the City Engineer relative to the discontinuance of that portion of Cedar Street. extending 356 feet northwest from the northwesterly right-of-way line of West Broadway be and hereby is accepted, and be it further ORDERED, THAT said street be discontinued in .accordance with the provisions of 23 M.R.S.A., Section 3027, and that said street be removed from the:Cfficial City Map. In City 0o 1 October 86.1981 ai-3m Refered to public works Committee O R D E R - Consider next meeting Title, AsceRtence tot C$tY 0ipjneer s Report 0 Discor6lnssnce of Ceisr Street, 356 feet C ty ulw ............................. Northwest frwn west B oedmy In City Council Nwanber 9019U Introduced a ryj fil by Passed C 'ty Cler Beginning at a point on the northwesterly right-of-way line of West Broadway on a northwesterly extension of the existing centerline of Cedar Street, said point being 647.5 feet southwest from the southwesterly right-of-way line of Union Street; thence in a northwesterly direction along an extension oI the existing Cedar Street Centerline for a distance of 356 feet to the southeasterly line of a dedicated right-of-way 'shown as Eighth Street. Said right-of-way, as originally proposed, has a width of 66 feet, measuring 33 feet to either side of, and at right angles to the above- described centerline. In addition to the posting of Notices as noted shove, written notice was also sent to Mr. Stephen King of 47 West Broadway and Dr. Carl Irwin of 39 West Broadway,being the only abutting property owners. - Mere appeared at the time and place set for the hearing Dr. Carl Irwin, Mrs. Stephen King, Elizabeth Warren of 48 West Broadway, Christine Szal of 29 West Broadway, and Basis Cowan of 11 West Broadway. The City Engineer explained to those present that the right -of -wag in question was never accepted as a -public way, nor was it ever constructed as a City street; it was apparently originally part of a proposed subdivision which was never constructed, and lots were sold in such a manner as to reserve the right-of-way for Suture use. The City Engineer also explained that since the right-of-way would serve no public purpose, then it could be discontinued in accordance with the provisions of Title 23 M.R.S.A., Section 3026, with the land reverting to the abutting property owners to the centerline. A public easement would be retained for the maintenance of a water line which serves both abutting property owners. The City Engineer further indicated that no damages Mrs. Ming and Br. Irwin indicated that they were in favor of the proposed discontinuance; however, Mrs. Warren Mrs. Szal and Mrs. Cowan expressed a concern that access to the Aayford Field play- ground by way of the existing right-of-way could be terminated by the abutting property owners. The City Engineer suggested that the proposed City action to discontinue the right-of-way would not preclude any rights that they might have for access along the right-of-way to the park. It was suggested by Mrs. Cowan that perhaps the City could require that the abutting property owners give an easement to the neighborhood property owners to use the right-of-way for access to the park; the City Engineer indicated that this would probably not be possible, since the City would not have the right to make that demand, never having had any formal claim to the right-of-way. It is recommended that the right-ef-way be discontinued and removed from the Official City Map. The Planning Board has approved the removal of the right-of-way from the Official -2- City Map, as outlined in a letter from the Planning Officer, a copy of which is attached. It should be pointed our that there is sufficient access to the Hayford Field Park by way of sidewalks along Weat Broadway and Union Street, and the abutting property owners could beat control the unauthorized use, including vandalism and loitering, which occurs on the right-of-way at the present time. , A Plan showing the existing right-of-way is on file in the Office of the City Engineer. Respectfully submitted, John T.T. Frawley, Ci T Engineer -3- ti Ayn CITY of BANGOR, To the City Counul: Pursuant to an order of the Cite Couneil,Orden_No._, 81-_228, pe,re j_ Sept._281_1981 directing the City Engineer totigtownix..d1E➢.ortiatie. that; ortion_o£.4edar.Stieet ,. extending_ 35.5__fatt wrthwealerly from -the morthweste_1M fight-oS— _ way lane oY, West Broadw.ey,_, _.,.,_.. the City Engineer bass leave M report: That 4 his intention W iipaii discontinue -said -portion oi_Codar.. Street .- the City.Engineer gave written notice by notices attached to copies; of said order peated for seven days prior to the .14th day, of Octobers., 1881,.,.. .................. in two public plisses in the City of Beeper and in the vicinity of said etecet, he wit: One on the Bulletin Board at City Balli One on 24"_maple in front of house et„4� West Broadway One on tel. p_Ole,6 corner oP Cedar and West Broadway( _ and also gave notice by seusing the same m be pnbbehed in the BANGOR DAILY News, newspaper Printed in said rate, for one week prior w 2himc.. October 14+ 1981% coder 0 nsid enter and notices, an posted and published, W hereto annexed womade part of Mie report. And that the said City Engineer met at the time and place ed meeting spnsifled in the actions and proceeded tochposessho_discontinue _said _street _ ut 1,0119wai._....__._ —1— Bangor. the center of Maine—the Gummy to Maim's North Woods and .Srmhore Resorts DEPARTMIINT of PLAN NIND PAd COMM UNITY DEVELOPMENT DATE: October 20, 1981 TO: The Honorable City Council FROM: The Planning Board SUBJECT: Official Map Deletion Proposed Cedar Street Council Order No. 81—'309 In accordance with the requirements of Chapter VI, .Article 2A, Section 9of the Laws and Ordinancesof the City of Bangor the Bangor Planning Board held a public hearing on the above official map amend- ment. The Board voted five in favor and none opposed to recommend that - the City Council delete the proposed street from the Official Map. 1%60' John M. Lor Planning Officer JML IF RODNEY G. MIKAY CITY HALL DIEPPE IMAGOR, MAINE MWWI AMINILLORD TIN-207/9470041TIN-207/9470041P4.11,. Can of Pangor, Maim DEPARTMIINT of PLAN NIND PAd COMM UNITY DEVELOPMENT DATE: October 20, 1981 TO: The Honorable City Council FROM: The Planning Board SUBJECT: Official Map Deletion Proposed Cedar Street Council Order No. 81—'309 In accordance with the requirements of Chapter VI, .Article 2A, Section 9of the Laws and Ordinancesof the City of Bangor the Bangor Planning Board held a public hearing on the above official map amend- ment. The Board voted five in favor and none opposed to recommend that - the City Council delete the proposed street from the Official Map. 1%60' John M. Lor Planning Officer JML IF