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Home My WebLink About2010-05-10 10-183 ORDERCOUNCIL ACTION Item No. 10 1 8J Date: May 10, 2010 Item/Subject Order, Authorizing Discontinuance of a Portion of Unnamed Paper Street Between Third Street and Fifth Street Responsible Department: Engineering Commentary: This Order is to finalize discontinuance of a portion of an unbuilt paper street as directed by Council Order 10-151 (copy attached). As noted in Council Order 10-151, this action is necessary to complete transfer of surplus City property to abutters as approved previously by the City Council in conjunction with land provided to Habitat for Humanity. This Order will accept the City Engineer's Report and discontinue a portion of unnamed paper street between Third and Fifth Street. Department FFead Manager's Comments: Associated Information: Order, Engineer's Report, Location Map Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral City Manager Finance City Solicitor Page _ of 10 183 Assigned to Councilor - Bronson May 10, 2010 CITY OF BANGOR (TITLE.) Order, Authorizing Discontinuance of a Portion of Unnamed Paper Street Between Third Street and Fifth Street ORDERED, THAT the attached report of the City Engineer relative to the discontinuance of a portion of an unnamed paper street running from Third Street to Fifth Street recorded October 6, 1925 in the Penobscot Registry of Deeds Plan Book Volume 12, Page 40 be and hereby is accepted; and BE IT FURTHER ORDERED THAT THAT said portion of said unnamed paper street right-of-way more fully described in the City Engineer's report is hereby discontinued as a public way and street, with no retention of a public easement as defined in 23 M.R.S.A. §3026. IN CITY COUNCIL May 10, 2010 Motion Made and Seconded for Passage 1 (TITLE,) Authorizing Discontinuance of a 64 Portion of Unnamed Paper Street Between Third Street and Fifth Street Assigned to 10 1�;s 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. PUBLIC NOTICE IP 18 3 TO ALL INTERESTED PARTIES: The City of Bangor is considering discontinuance of a portion of an unnamed paper street running from Third Street to Fifth Street and recorded October 6, 1925 in the Penobscot Registry of Deeds Plan Book Volume 12, Page 40. This action is being pursued to allow final transfer of City land to abutting owners consistent with a plan previously approved by the City Council. Notice is hereby given that in pursuance of City Council Order 10-151 passed April 26, 2010 (copy attached) directing the City Engineer to discontinue the portion of an unnamed paper street located Third Street and Fifth Street as outlined above and in accordance with 23 M.R.&A. §3026. The City Engineer will hold a public hearing on Wednesday, May 5, 2010 at 11:00 a.m. EDT in the Council Chambers at City Hall, 73 Harlow Street, Bangor, Maine to consider discontinuance of said street and determine the damages or benefits, if any, sustained by any party as a result of this action, apportion same, if any, according to law, upon the lots of parcels of land damaged or benefited by such discontinuance. Notice is hereby given to all persons interested in the premises to appear at the time and place of meeting, if they see just cause then and there to be heard upon the subject. James D. Ring, P.E. City Engineer City of Bangor, Maine Attachments I SHE E TI 24 A.S. 18 A.S.20A A 5 H E E T NI-offir Pa, s A � s cv o " CITY ENGINEER'S REPORT DISCONTINUANCE OF A PORTION OF UNNAMED PAPER STREET BETWEEN THIRD AND FIFTH STREET May 6, 2010 City of Bangor To the City Council: Pursuant to Council Order 10-151, passed on April 26, portion of unnamed paper street located between Third the Penobscot Registry of Deeds Plan Book Volume 12, the City Engineer reports: 2010, directing the City Engineer to discontinue a Street and Fifth Street recorded October 6, 1925 in Sage 40, and in accordance with 23 M.R.S.A. §3026, That of his intention to discontinue said unnamed paper street between Third Street and Fifth Street, the City Engineer gave written notice to the following: Laurie Bonney Daniel S. Des Isles Robert Giles 172 Fifth Street 38 Carroll Street 32 Carroll Street Bangor, ME 04401 Bangor, ME 04401 Bangor, ME 04401 Beverly Scott Joseph Higgins Lorna Greenlaw 18 Carroll Street 187 Third Street 189 Third Street Bangor, ME 04401 Bangor, ME 04401 Bangor, ME 04401 Michael Rolnick JOHN MILLER ANDREW STURGEON 182 Leighton Street 35 CHESTNUT TRAIL 1786 ESSEX STREET Bangor, ME 04401 BANGOR, ME 04401 BANGOR, ME 04401 TIME WARNER CABLE STEVE BOSSIE BANGOR GAS COMPANY BANGOR HYDRO ELECTRIC COMPANY 444 PERRY ROAD PATRICK TUBBS BRUCE SMITH BANGOR, ME 04401 21 MAIN STREET P.O. BOX 932 BANGOR, ME 04401 BANGOR, ME 04402 FAIRPOINT COMMUNICATIONS DAVE LEAVITT BANGOR WATER DISTRICT CITY OF BANGOR 615 ODLIN ROAD DON CAMMACK SEWER DEPARTMENT BANGOR, ME 04401 P.O. BOX MIKE PERRY ME BANGOR, ME 04402 CITY OF BANGOR MILES THEEMAN PAUL BOLIN PUBLIC WORKS 45 GROVE STREET 14 CHESTNUT TRAIL DANA WARDWELL BANGOR, ME 04401 BANGOR, ME 04401 REALTY OF MAINE ALICE BROWN DOUG DAMON JOHN KENNEY 94 MAPLE STREET 458 MAIN STREET 277 NORWAY ROAD BANGOR, ME 04401 BANGOR, ME 04401 BANGOR, ME 04401 Said notice was also posted on the public bulletin board at City Hall and on one utility pole in the vicinity of the proposed discontinuance. In accordance with the notification given, the City Engineer conducted a public hearing on May 5, 2010 at 11:00 EDT in the Council Chambers at City Hall, 73 Harlow Street, Bangor, Maine relative to the proposed discontinuance of a portion of aforementioned paper street, said portion more fully described as follows: A portion of the forty (40) foot wide paper street recorded October 6, 1925 in Penobscot Registry of Deeds Plan Book 12, Page 40, said portion beginning at the northerly end of that section of paper street previously discontinued October 15, 2003 by Council Order 03-329, being 90.0 feet northeasterly of Third Street and extending northwesterly to 152.40 feet southeasterly of Third Street. The following attended the public hearing: Bill Carter — 13 Carroll Street Beverly Scott — 18 Carroll Street Joseph and Shirley Higgins — 187 Third Street Lorna Greenlaw — 189 Third Street James Ring — City Engineer Norm Heitmann — City Solicitor The City Engineer explained the reason for the proposed discontinuance and outlined the process as defined by 23 M.R.S.A. §3026. There was some discussion between the Higgins and Ms. Greenlaw regarding part of the Higgins' existing concrete driveway within the portion of the paper street that will revert to Ms. Greenlaw. The parties indicated they will try to develop an arrangement to deal with that issue. No objections to the discontinuance were stated. Based on careful review and consideration of the pertinent aspects of the proposed discontinuance, the City Engineer has made the following determinations: 1) The unnamed paper street has never been constructed or used as a public way. 2) The portion of the unnamed paper street is no longer needed to serve the public interest; therefore, the City should release any interests it has in said portion through formal discontinuance. 3) The discontinued portion of right-of-way shall revert to the abutting property owners as provided by law. 4) In accordance with the provisions of 23 M.R.S.A. §3026, abutting property owners are entitled to $0.00 in damages. 5) No public easement for utilities shall be reserved. It is recommended that said portion of unnamed paper street described, above be vacated and discontinued. Respectfully Submitted, James D. Ring, P.E. Director — IDS, City Engineer JDR/cas Attachments COUNCIL ACTION 10 18 3 Item No. I n 1 11. 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. Manager's Comments: Associated Information: Order, Location Map Budget Approval: Legal Approval: �- Introduced for _ X Passage First Reading Referral Department Head Interim City Manager Finance Director Cky Solicitor Page , of