HomeMy WebLinkAbout1979-01-08 119 AG ORDER119 Ac
Introduced by Councilor Soucy, January B, 1979
CITY OF BANGOR
(TITLE.) (0MbCre....Accepting City Engineer's Report - Discontinuance of
__. ...... .......... ..........
,Proposed Street betwqeA..41a.9.e Street' agd_Main Street,,
By the City Cmouil of de My ofBamsw.
ORDERED,
TUT the attached Report of the City Engineer relative
to the discontinuance of a proposed street between Olive Street
and Main Street be and hereby is accepted, and be it further
ORDERED, that said street be discontinued, abandoned, and
vacated, and removed from the Official City Map.
y.7,9
IN CITY COUNCIL JANOARY 5,1979 i 4
passed 119 AG
ORDER'
Tiue,
CITY CIL S ACCEPTING CITY ENGR 'S REPORT
DISCONTINUANCE OF PROPOS D STRR
W,,' TN OLNF. ST AND IMIN ST
. d d d ed by
CITY of BANGOR,
To Ne City Cement:
PunaenL b an order of the Ciey Cowcil,Orda,_N,9.....64._AG,,,,__, epnpg_Degember l l 1978
directing the City Engineer be f...._disonatfnue... a..11T➢pe8GtL3Li'EGL.eXLP.nding
betweenOlive Street and Main Street approximately 400 feet West
from Thatcher Street .._ __..Lha City Engincer begs lave to report:
That of his intention blairstat- discontinue._ said street ...... ---- ._.....
the City Engineer gave written notice by nodose attached to scene of aid order pasted for mean
days prior in the.. ... 'rd day_of_January 1979.v.
in two public places in the City of peeps and in the visnity of mid street, to wit:
One on the Bulletin Board at City
One on utility Pole No. 5 on the North aide o4 Main Street,
.. _. __.__appxoamakelY_!IA4.3eek Wes#..pS.._ Thatcher Street ....._..
One on Pole No. 3 on the South side of Olive Street approxi-
,,,,.,., mately.400 feet West of Thatcher Street;
and ala gave were by musing the name b be published in the Sanaa Deni Nawg, newspaper ,
January, 1979,
printed in mid city, for we wok prior to the__ 33D4_ day- Of (.._._..........sew of assist order and
notices, an posted and published, is hereb annexed andu ade part a this mport.
And flat the aid City Emencer met at the time and place of modng spec Ord in Lee notion
and proceeded told ..dienoxatl=e said gtreets as follows
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A fifty -foot wide right -of -wag extending in a southeasterly
direction from Olive Street to Main Street, more fully described
as follows:
Beginning at a point on the southeasterly right-of-way line
of Olive Street 421.27 feet southwest from the southwesterly
right-of-way line of Thatcher Street, said point also being
at the northwesterly corner of land owned by Lydon C. Parent as
described in a Deed dated November 19, 1976 and recorded in
Penobscot Registry of Deeds do Vol. 2706, Page 79; thence south-
easterly at an interior angle of 940 55' along the southwesterly
line of said Parent land for a distance of 317.94 feet to the
northwesterly right-of-way line of Main Street; thence south-
westerly at an interior angle of 910 22' along the northwesterly
right-of-way line of Main Street for a distance of 50.01 feet;
thence In a northwesterly direction on a line parallel to, end
50 feet southwest from the first described line, for a distance
of 323.36 feet to the southeasterly right-of-way line of Olive
Street; thence northeasterly along said southeasterly line of
Olive Street for a distance of 50.18 feet to the point of begin-
ning. Being the same right -o£ -way, as shown on a Plan entitled
"Plan of Land belonging to the Estate of the Late Timothy Crosby,
as Plotted from Survey and Deeds, October 10th, 1893 by Fred. H.
Coombs" as recorded in Penobscot Registry of Deeds do Plan Book
4, Page 9.
Although notice was posted end published as noted above,
and notice was sent to all abutting property owners, no person
or persons appeared at the time and place set for the hearing;
however, previous discussions were held with Lydon C. Parent,
the original petitioner for the discontinuance of the proposed
street, and his Attorney, Mary Louis Eurr, both of who indicated
that they were in favor of the proposed discontinuance.
The City Engineer recommends that the right-of-way be
discontinued, since (1) a street has never been constructed
within the proposed right-of-way, (2) the terrain within the
right-of-way is very steep, being a natural gully, which would
make it difficult to construct a suitable roadway, (3) the
construction of a roadway in that location would be of no
particular use to the public, and (4) Mr. Parent owns all of
the land abutting both sides of the right-of-way, and does not
feel that the construction of road would be of any benefit
to him. The proposed discontinuance has been reviewed by the
Planning Officer, who concurs with the recommendation for dis-
continuance.
The City Engineer further recommends that no damages be
awarded, or no benefits assessed, as a result of the discon-
tinuance, since there will be no change in the character of
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the land as a result of the discontinuance. It is, however,
recommended that the City retain a public easement to maintain
any portions of an existing sewer extending from Olive Street
to Main Street, and an existing sewer extending from the Airport
to Main Street which may fall within a portion of the right -o£ -
way.
Since the proposed street has in effect been discontinued
by abandonment because a street was never constructed nor main-
tained by the City and since the Owner of all of the abutting
property has petitioned for vacation of the proposed street,
it is recommended that said street be discontinued and vacated,
and that it be removed from the Official City Map, subject to
the retention of a public easement as necessary to maintain the
above described sewer lines.
A Plan showing the proposed street to be abandoned, Plan
No. R-895, is on file in the office of the City Engineer.
Respectfully submitted,
Sohn T. Frawley,
City Engineer.
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