HomeMy WebLinkAbout2010-04-26 10-151 ORDERCOUNCIL ACTION
Item No. I
Date: April 26, 2010
Item/Subject: ORDER, Authorizing Discontinuance of a Portion of Unnamed Paper Street between
Third Street and Fifth Street
Responsible Department: Engineering
Commentary:
There are several unbuilt proposed streets in the City referred to as "paper streets" in 23
M.R.S.A. §3032. The City may retain certain interests in such rights-of-way unless they are
discontinued.
One of these still exists between Third Street and Fifth Street, a portion of which was
discontinued in 2003. There is also some adjacent City land.
Several years ago the City Council conveyed some of the adjacent land to Habitat for Humanity
to construct two new homes and supported conveyance of the remaining adjacent land to
various abutters. The conveyances to Habitat were conditioned upon providing a survey of the
entire area to the City and preparing Deeds for all other conveyances to abutters. Due to
personnel changes at HFH, the City did not receive the survey until recently. The surveyor noted
a portion of the paper street had not been discontinued and recommended that be done to avoid
future title questions.
The attached Order will start the discontinuance process for the remainder of the paper street
except for a section that provides necessary access for property. The City Engineer will then
provide legal notice, hold a public hearing, and file a final discontinuance order for final Council
approval.
Completion of this discontinuance will allow conveyances to all other adjacent properties to be
concluded and Deeds are being prepared to do so.
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Manager's Comments:
Associated Information: Order, Location Map
Budget Approval:
Legal Approval:
Introduced for
X Passage
First Reading
Referral
Interim City Manager
Finance Director
Page _ of _
Solicitor
I 1 0 1r;j
Assigned to Councilor - Hawes April 26, 2010
CITY OF BANGOR
(TITLE.) Order, Authorizing Discontinuance of a Portion of Unnamed Paper Street between
Third Street and Fifth Street
By the City Council of the City of Bangor. -
ORDERED, THAT:
WHEREAS, certain unconstructed street rights-of-way exist, referred to as "paper street"
in 23 M.R.S.A. §3032, and
WHEREAS, an unnamed paper street running from Third Street to Fifth Street was
recorded October 6, 1925 in the Penobscot Registry of Deeds, Plan Book Volume 12, Page
40, and
WHEREAS, a section of said paper street extending northerly 90.0 feet from Third Street
was previously discontinued on October 15, 2003 by Council Order 03-329 and;
WHEREAS, the section of said paper street extending southerly 152.40 feet from Fifth
Street provides access and frontage for a residential property identified as parcel 117A on
City Tax Map number 24 and;
WHEREAS, the portion of said unnamed paper street between the two aforementioned
sections has never been constructed or accepted and is not needed to serve the public
interest,
NOW THEREFORE BE IT ORDERED, THAT the City Engineer be and is hereby
authorized and directed to begin the process of discontinuing a portion of the unnamed
paper street referenced above in accordance with the provisions of 23 M.R.S.A. §3026 and
submit a written report to the City Council for further action.
IN CITY COUNCIL
April 26, 2010
(TITLE,) authorizing Discontinuance of
a Portion of II amed Paper Street
between 311rd Street and Fifth Street
Assigned to Councilor"�'^� nJ
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