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