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Home My WebLink About2013-03-25 13-118 ORDERCOUNCIL ACTION Item No. 13-118 Date: March 25, 2013 Item/Subject: ORDER, Discontinuing a Portion of North Bangor Road Responsible Department: Engineering Commentary: This Order would discontinue a small triangular section of the right-of-way for the North Bangor Road. The portion of the road in question is not used as a right-of-way nor is it needed for public purposes. Notice of the discontinuance has been provided to abutting property owners in accordance with 23 M.R.S.A. § 3026. The City Engineer held a public hearing on March 14, 2013 in Council Chambers. No one appeared to speak on the proposed discontinuance and no responses or communications have been received related to this matter. This Order would discontinue the portion of North Bangor Road in question, accept the City Engineer's Report regarding the discontinuance of said portion, and authorize the City Manager to execute a deed releasing the property to the abutting landowner. 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 Man ger Finance Director F� X` / ty Solicitor Page _ of 13-118 MARCH 25, 2013 Assigned to Councilor Gallant CITY OF BANGOR (TITLE.) Order, Discontinuing a Portion of North Bangor Road NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT a triangular portion of North Bangor Road right-of-way as identified in the attached City Engineer's Report be discontinued as a public way and removed from the official City map. No public easement shall be retained. BE IT FURTHER ORDERED THAT the attached City Engineer's Report relative to the discontinuance of said portion of North Bangor Road is accepted and the City Manager is authorized to execute a release deed for said portion to the owner of the adjacent property, identifed on the Bangor tax maps as Map R11, Lot 005-A. IN CITY COUNCIL March 25, 2013 Motion made and seconded for Passage Passe CITY CEM 13-118 MARCH 25, 2013 CITY ENGINEER'S REPORT DISCONTINUANCE OF A PORTION OF NORTH BANGOR ROAD March 20, 2013 City of Bangor To the City Council: Pursuant to Council Order 13-083, passed on February 25, 2013 and directing the City Engineer to provide public notice and conduct a public hearing for the discontinuance of a triangular portion of the Right -Of -Way of North Bangor Road, and in accordance with 23 M.R.S.A. §3026, the City Engineer reports: That of his intention to discontinue a triangular portion of right-of-way of North Bangor Road, the City Engineer gave written notice to the following: John & Lee Birmingham 7217 & 7069 Jeannette W Simpson 7390 Six Mile Falls Store Corporation 2317 Boradway 2351 Broadway 7391 Bangor, ME 04401 Bangor, ME 04401 2354 Broadway Bangor, ME 04401 Mikele & Christine Spearing 8590 Stacie & Steven Buzzell 2437 Spencer Lucy Living Trust 3045 2381 Broadway 2385 Broadway 2399 Broadway Bangor, ME 04401 Bangor, ME 04401 Bangor, ME 04401 Timothy & Beverly Richards 5048 Steven & Daniel Philbrick 5332 Michael Cushman 5570 2409 Broadway 189 Lindsay Street 2451 Broadway Bangor, ME 04401 Newburg, ME 04444 Bangor, Me 04401 Scarlett Davis 8019 Dawn Marie Trafton & Jason Godin Barbara Sechrest 7382 33 Upland Road 8588 Heir Simon Jackson Brewer, ME 04412 2528 Broadway 3213 Broadway Bangor, ME 04401 Glenburn, ME 04401 Onesteel Recycling, Inc. 4541-10114 Julie Taylor 4404 Donald Murdock 245-244 P.O. Box 400 2594 Broadway 48 Center Street Oakland, ME 04963 Bangor, ME 04401 Dexter, ME 04930 Woods Of Maine, Inc. 10774 Cory Campbell & Michael Davis 243 Robert Dunn 7568-8739 P.O. Box 8388 P.O. Box 436 11 Brooks Street Bangor, ME 04402 Dover-Foxcroft, ME 04426 Brewer, ME 04412 Montreal Maine & Atlantic Railway 8732- Vaughn Smith 7567 Team Properties, LLC 7461 8733 54 Pine Ledge Road 189A State Street 15 Iron Road Bangor, ME 04401 Bangor, ME 04401 Hermon ME 04401 Michael Wood 854 Michael Longo 7219 96 Briarwood Drive 43 Finson Road Bangor, ME 04401 Bangor, ME 04401 13-118 MARCH 25, 2013 Said notice was also posted on the public bulletin board at City Hall and on two utility poles in the vicinity of the proposed discontinuance. In accordance with the notification given, the City Engineer conducted a public hearing on March 14, 2013 at 5:00 p.m. in the Council Chambers, Third Floor, City Hall, 73 Harlow Street, Bangor, ME 04401 regarding the intention of the Municipal Officers of the City of Bangor to discontinue a triangular portion of right-of-way of North Bangor Road as shown on the attached exhibit. At the time and place set for the hearing no one appeared to speak on the proposed discontinuance. No responses or communications have been received related to this matter. The City Engineer concluded the public hearing and made the following determinations: 1. There is no longer any public interest or need to retain said triangular portion of North Bangor Road as a public right of way. 2. The property encompassed by the discontinuance of a portion of North Bangor Road should revert to the abutting property owner, said property being identified on Bangor tax maps as Map R11, Lot 005-A. 3. The City Engineer recommended authorizing the City Manager to execute a Release Deed in relation to said property. 4. In accordance with 23 M.R.S.A. § 3026, abutting property owners are entitled to $0.00 damages. It is recommended that the triangular portion of North Bangor Road be discontinued and vacated, and removed from the Official City Map, with no retention of a public easement for public utilities. Respectfully Submitted, Arthur B. Morgan, P.E. City Engineer Attachments: Exhibit SIX MILE FALLS STORE SKETCH GRIFFIN & JORDAN 2354 BROADWAY - BANGOR, MAINE \ VOA No"�� 00 OF ORTH BANGOR S7REET(FORMERLY/ BROADWAY) % SIDELINE / i / �Q4 13-118 MARCH 25, 2013 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 PIAN 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 057, PAGE 83 AND 058, PAGE 63. 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) \ BROADWAY \ SIDELINE \\ ` t BRICK Bu,� (FAIitPO�NT LEGEND UTILITY POLE LAMP POST CMP I✓ '0 Gl1YfANCH0R �- SIGN DW. CORRUGATED METAL PIPE DWELLING I HOUSE BOLLARD CONC,CONCRETE STRG. ® STORAGE BUILDING --------------- OVERHEAD WIRES -- — — — — — - EDGE OF PAVED OR GRAVEL SURFACE PROPERTY LINE /PUBLIC RIGHT OF WAY LINE .ADJOINER STREET LINE (FORMERLY BROADWAY) Discontinue Portion of 61 North Bangor Road r AT10 S) Also Known as: Old Broadway or Old Bangor Road SCALE: 1"= 50' 50' 25' 0' 5a