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HomeMy WebLinkAbout2015-07-27 15-259 ORDERCOUNCIL ACTION Item No. 15-259 Date: July 27, 2015 Item/Subject: Order, Acceptance of the City Engineer's Report to Discontinue a Portion of Kittredge Road. Responsible Department: Engineering Commentary: This order will accept the City Engineer's report to discontinue a portion of Kittredge Road. In accordance with 23 M.R.S.A. § 3026, the City provided notice of proposed discontinuance to abutters. Further, a public hearing was held by the City Engineer on February 27, 2014 at 10:00 p.m., Engineering Conference Room, second floor, City Hall, 73 Harlow Street, Bangor. At that time no one appeared to speak on the proposed discontinuance and no responses or communications have been received related to this matter. This order would accept the City Engineering's Report for the discontinuance of a portion of Kittredge Road with retention of a public easement for the purpose of public utilities. The portion of the road in question is not used as a right-of-way nor is it needed for public purposes. Manager's Comments: Associated Information: Council Order, Report, Location Map Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral John M. Theriault, P.E. Department Head 0 `' r ManagerCity Finance Director Ao/ City licitor Page _ of Assigned to Councilor Plourde CITY OF BANGOR 15-259 JULY 27, 2015 (TITLE.) Order, Acceptance of the Director of Public Services, City Engineer's Report to Discontinue a Portion of Kittredge Road. ORDERED, THAT the attached City Engineer's Report of the Director of Public Services relative to the discontinuance of said portion of Kittredge Road be and hereby is accepted and the City Manager to execute a release deed, NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT said portion of Kittredge Road right-of-way be discontinued as a public way, and removed from the official City map. In accordance with 23 M.R.S.A. § 3026, a public easement shall be retained for public utilities. IN CITY COUNCIL JULY 27, 2015 PASSED CITY CLERK 15-259 JULY 27, 2015 CITY ENGINEER'S REPORT DISCONTINUANCE OF A PORTION OF KITTREDGE ROAD March 25, 2014 City of Bangor To the City Council: Pursuant to Council Order 14-078, passed on February 10, 2014 directing the City Engineer,. Arthur B. Morgan to begin the process to discontinue a portion of Kittredge Road in its entirety and in ,accordance with 23 M.R.S.A. §3026, the. City Engineer reports: That of his intention to discontinue said portion of Kittredge Road, the former City Engineer gave written notice to the following: NOTIFICATION LIST Stillridge, LLC Epstein Rhode Island; LLC 2402 Route 2, Suite PO Box 2400 Hermon, ME 04401 Bangor, ME 04402 Fairpoint Communications Wal-Mart Real Estate Business Trust ATTN: Bill Francini PO Box 8050 615 Oldin Road Mail. Stop #0555 Bangor, ME 04401 Bentonville, AR 72716 Time Warner .Cable C.M.I., Inc 444 Perry Road 11 Bangor Mail Boulevard, Suite 1 Bangor, ME 04401 Bangor, ME 04401 Bangor Gas Austin Hotels, Inc. ATTN* Jerry Livengood 199 Pleasant Street 498 Maine Avenue Brunswick, ME 04011 Bangor, ME 04401 Bangor Hydro Electric, Co. NYNEX/New England Telephone, Co.. ATTN: Bruce .Smith 770 Elm Street P.O. Box 932 Manchester, NH 03101 Bangor, ME 04402 Bangor Water District Fredrick Gallant or Current Resident ATTN: Greg Reed 272 Eastern Avenue P.O. Box 1129 Brewer; ME 04412 Bangor, ME 04402 Daigle Oil Company Target Coportation P.O Box 328 C/O Property Tax Dept, Fort Kent, ME. 04743 PO Box 9456 Minneapolis, MN 55440 Donald or Dianne French 74 Kittredge Road Bangor, ME 04401 15-259 JULY 27, 2015 Said notice with a detailed plan 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 former City Engineer conducted a public hearing on February 27, 2014 relative to the intention of the Municipal Officers of the City of Bangor to discontinue a portion of Kittredge Road. Interested attendees to the public hearing totaled zero.. The City Engineer concluded and made the following determinations: 1. There is no longer any public interest or need to retain the portion of Kittredge road as a public right :of way. 2. The property encompassed by the .discontinuance of the portion of Kittredge Road shall revert to the adjacent property owners as provided by law. 3. In accordance with 23 M.R.S.A. § 3020, abutting property owners are entitled to $0.00 damages. It is recommended that,the portion of Kittredge Road be discontinued and vacated in its entirety, and removed from the Official City Map, with the. retention of a public easement for public utilities. U �J 0 sT 15-259 JULY 27, 2015 I O \ U NOW OR FORMERLY FRED GALLANTAND _`�' MICHAEL J. MCLAUGHLIN s61�',3,a \ VOLUME 6325, PAGE 145 NOW OR FORMERLY I FRED P. GALLANT AND MICHAEL J'MCLAUGHLIN IBOOK 6325, PAGE 138 1 1 t z PORTION OF �ITTREDGE ROAD TO BE DISCONTINUED, WITH N, EASEMENTS Rf-TAINED FOR PUBLIC UTILITIES AND BYCICL PEDESTRIAN AfCESS OR FORMERLY BANGOR INN s, I ASSOCIATES VOL. / G. 277 e I E/ Rv DSED DISCONTINUANCE FOR KIT HEDGE ROAD / SCALE: 11" = 6W /