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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