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HomeMy WebLinkAbout2013-02-25 13-083 ORDERCOUNCIL ACTION
Item No. 13-083
Date: February 25, 2013
Item/Subject: Order, Authorizing the Director of Public Services to Provide Public Notice for the
Discontinuance of a Portion of North Bangor Road
Responsible Department: Engineering
Commentary:
This order would authorize the City Engineer to begin the process for discontinuing a portion of
North Bangor Road.
Under 23 M.R.S.A. § 3026, before discontinuing a road, the City Council must provide notice to
abutting property owners. This Order would direct the Director of Public Services to notice
abutting property owners. Once notice has been provided, a second Order will be brought before
the Council providing for the discontinuance of the road. Providing the second Order is approved,
title will then revert to the abutting property owner.
The portion of the road in question is not used as a right-of-way nor is it needed for public
purposes. The Infrastructure Committee unanimously recommended beginning the
discontinuance process as at the February 12, 2013 meeting.
Manager's Comments:
Associated Information: Council Order, Location Map
Budget Approval:
Legal Approval:
Introduced for
X Passage
First Reading
Referral
Arthur B. Morgan, P.E.
Department Head
City Manager
Finance Director
City Solicitor
Page _ of
'r r
13-083
FEBRUARY 25, 2013
Assigned to Councilor Civiello
CITY OF BANGOR
(TITLE.) Order, Authorizing the Director of Public Services to Provide Public Notice for the
Discontinuance of a Portion of North Bangor Road
WHEREAS, the public right-of-way at the southern intersection of Broadway and North Bangor
Road is much larger than is necessary for use as a public way;
WHEREAS, a portion of the southern corner of said intersection could easily be discontinued
without impeding vehicles from using either road; and
WHEREAS, the adjacent property owner has expressed interest in having said portion
discontinued;
NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR
THAT
the Director of Public Services is hereby authorized and directed to begin the process of
discontinuing a portion of the southern intersection of North Bangor Road and Broadway by
providing notice to abutting property owners in accordance with the provisions of 23 M.R.S.A. §
3026.
IN CITY COUNCIL
February 25, 2013
Passed
CITY CLERK
13-083
FEBRUARY 25, 2013
Real Property Description EXHIBIT A
A PORTION OF
NORTH BANGOR STREET
CITY OF BANGOR
PENOBSCOT COUNTY, MAINE
A certain lot or parcel of land with the improvements thereon situate in the City of Bangor,
County of Penobscot, State of Maine, more particularly described as follows:
beginning at the northeast corner of a lot described in a deed from Kenneth P.
Reardon and Valda J. Reardon to Six Mile Falls Store Corporation dated
December 22, 2005 recorded in the Penobscot County Registry of Deeds
Book 10265, Page 302; said corner also being located in the southwest
sideline of North Bangor Street, formerly Broadway, so called; thence along
the southwest sideline of North Bangor Street, formerly Broadway, so called,
North 58 degrees, 13 Seconds, 50 minutes West a distance of 171.3 feet to
point in the southwest sideline of North Bangor Street, said point being
located South 58 degrees, 13 minutes, 50 seconds East a distance of 28 feet,
more or less, from the northwest of a lot described in a deed from Kenneth P.
Reardon and Valda J. Reardon to Six Mile Falls Store Corporation dated
December 22, 2005 recorded in the Penobscot County Registry of Deeds
Book 10265, Page 302; thence through North Bangor Street, formerly
Broadway, so called, North 42 degrees, 41 minutes, 10 seconds East a
distance of 40.4 feet to the southwest sideline of Broadway described in a
Notice of Layout and Taking dated June 3, 1980 recorded in the Penobscot
County Registry of Deeds Book 3093, Page 215, while said Broadway being
further described on a plan titled "State of Maine Department of
Transportation Bureau of Highways Right of Way Map State Highway'38"'
dated September 1979 recorded in the Penobscot County Registry of Deeds
Planbook D58, Page 83 and D57, Page 83; thence along the southwest
sideline of Broadway with a curve turning to the left with an arc length of
168.6 feet, with a radius of 1969.86 feet, with a chord bearing of South 44
degrees, 51 minutes, 50 seconds East, with a chord length of 168.5 feet to a
point; thence South 57 degrees, 56 minutes, 50 seconds West a distance of
0.7 feet to the point of beginning, enclosing 3,250 square feet, more or less.
Bearings referenced herein are oriented to Magnetic North observed January 14, 2013 by
Plisga & Day, Land Surveyors (reference project number: 13004). No physical monuments were
set as of the date of this description.
Grantor's source of title TO BE PROVIDED BY THE ATTORNEY.
February 5, 2013
Jonathan M. Stewart
Professional Land Surveyor
Maine License # 2327
Pagel of
Plisga & Day • Land Surveyors
72 Main Street
Bangor, Maine 04401
www.WeMaplt.com
SIX MILE FALLS STORE SKETCH
GRIFFIN & JORDAN
2354 BROADWAY - BANGOR, MAINE
1-1 io
\ e \ t
00p .40 �/
ORTH BANGOR
STRIE T (FORMERLY
BROADWAY)
SIDELINE /
13-083
FEBRUARY 25, 2013
NOTES
THIS SKETCH DEPICTS THE EXISTING SITE FEATURES RELATED TO THE
ADJACENT NORTH BANGOR STREET (FORMERLY A PORTION OF BROADWAY)
AND BROADWAY. SIDELINES SHOWN ARE BASED ON GEOMETRY SHOWN ON
PLAN TITLED "STATE OF MAINE DEPARTMENT OF TRANSPORTATION STATE
HIGHWAY 38• DOT FILE NO. 10-241 DATED SEPTEMBER 1979 RECORDED IN
THE PENOBSCOT COUNTY REGISTRY OF DEEDS PLAN BOOK D57, PAGE 83
AND DS8, PAGE 83. SAID GEOMETRY WAS FIT TO THE FEATURES LOCATED
ON JANUARY 14, 2013.
CONC. PUMP \ \
ISLAND INSIDE \
.\ NORTH BANGOR
` STREET
'\ CONC. PUMP �\
ISLAND INSIDE
` BROADWAY \
(HATCHED) \
n BROADWAY \
SIDELINE
�9
\
Discontinue Portion of
BRICK uT North Bangor Road
cAT1O st
coMMu"1Also Known as:
LEGEND
Old Broadway or
UTILITY POLE { LAMP POST CMP
S,1 + DWELLING /HOUSE GUY/ANCHOR -ff- SIGN DW. CORRUGATED METAL PIPE Old Bangor Road
-�
BOLLARD CONC. CONCRETE STRG.
® STORAGE BUILDING
---------------------- OVERHEAD WIRES
- - - - - - - - - EDGE OF PAVED OR GRAVEL SURFACE SCALE: 1'= 50,
PROPERTY LINE I PUBLIC RIGHT OF WAY LINE
50, 2S 0, 50,
ADJOINER
STREET LINE (FORMERLY BROADWAY)
January 24. 2013
Project No. 13004
MSGA & DAY 72 MAW STREET 84100R, ME 04401 (207) 947-0019