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HomeMy WebLinkAbout2016-10-24 16-382 ORDERCOUNCIL ACTION Item No. 16_382 Date: October 24, 2016 Item/Subject: Order, Accepting Rutland Street as a Public Street Responsible Department: Engineering Commentary: This order will formally accept Rutland Street as a public street. Rutland Street was built in 1903 and is shown on a surveyed and plotted plan of "Map of Hyde Park dated April 1903, recorded in the Penobscot Registry of Deeds on June 9, 1903, Volume 8, Page 11. Rutland Street was never formally adopted as a public street; however, it has been treated as a public street for over 100 years. On September 22, 1997 the Council passed Order #97- 404 to retain Rutland Street as a "paper street". Rutland Street which is approximately 630 feet in length is located off Thirteenth Street and also Manners Avenue and is situated between Thirteenth and Fourteenth Streets. The City Engineer has determined that Rutland Street should be formally accepted as an official City street and added to the Official City Map which is consistent with its treatment since 1903. The Infrastructure Committee has reviewed and recommended approval on October 11, 2016, to accept. The attached Order is a routine action to formally accept these streets as a public way. John M. Theriault, PE, PTOE Department Head Manager's Comments: City Manager Associated Information: Order, Associated Maps Budget Approval: Finance Director Legal Approval: City S icitor Introduced for X Passage First Reading Page _ of _ Referral Assigned to CouncilorSprague CITY OF BANGOR 16-382 OCTOBER 24, 2016 (TITLE.) Order, Accepting Rutland Street as a Public Street WHEREAS, pursuant to 23 M.R.S.A. §3025, property may be dedicated for highway purposes only upon certain conditions, among which are the "property owner has filed in the Registry of Deeds an approved subdivision plot plan which describes property to be appropriated for public use" and that title to any such property accepted by a municipality shall be fee simple; and WHEREAS, pursuant to 23 M.R.S.A. §3031 (1), "the public acquires rights of incipient dedication to public use of the ways laid out on the plan" from "the date of recording of a subdivision plan in the Registry of Deeds" and that such public rights expire if the municipality does not accept said way within 20 years from date of recording of the subdivision plan; and WHEREAS, the subdivision plan entitled Map of Hyde Park, prepared by P.H. Coombs and recorded at the Penobscot Registry of Deeds on June 9, 1903, Volume 8, Page 11; and WHEREAS, there exists on the above referenced plan a certain way identified as Rutland Street to be used by the public to access properties in this subdivision; and WHEREAS, the above referenced way were retained as a paper street under Council Order 97-404, dated September 22, 1997; and WHEREAS, said public ways on the above referenced plan have been inspected by the City Engineer and have been found to meet the City's standards and requirements for such public improvements; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, pursuant to 23 M.R.S.A. §3025 and §3031, (1) the ways referenced and depicted on the subdivision plan listed as follows is hereby accepted as Public Ways and Streets by the City of Bangor; Rutland Street BE IT FURTHER ORDERED, THAT the name of the accepted Public Ways shall be as listed above and said ways be added to the Official City Map, and the City is authorized to accept a deed to Rutland Street in a form acceptable to the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL OCTOBER 24, 2016 CO 16-382 PAS CITY CLERK