HomeMy WebLinkAbout2014-12-22 15-039 ORDERCOUNCIL ACTION
Item No. 15-039
Date: December 22, 2014
Item/Subject: Order, Discontinuing First Street Extension
Responsible Department: Engineering
Commentary:
This Order will discontinue First Street Extension, a 120 foot right-of-way extending from the corner of First
Street and Davis Court.
Under 23 M.R.S. § 3026, before discontinuing a road, the City Council must provide notice to abutting
property owners. Notice was provided and the City Engineer held a public hearing on December 16, 2014.
No members of the public appeared to speak on the proposed discontinuance and no responses or
communications have been received related to this matter. The portion of the road in question is not used
as a right-of-way nor is it needed for public purposes.
This Order will accept the City Engineer's Report for the discontinuance of First Street Extension and
authorize the City Manager to execute release deeds to the abutting landowners.
Manager's Comments:
John M. Theriault, P.E.
Department Head
(Za -a M, (b&"�
City Manager
Associated Information: Council Order, Engineer's Report, Location Map
Budget Approval:
Legal Approval:
Introduced for
X Passage
First Reading
Referral
Finance Director
City tolicitor
Page _ of
15-039
DECEMBER 22, 201.4
Assigned to Councilor Plourde
CITY OF BANGOR
ler, Discontinuing First Street Extension
)RE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR
e First Street Extension right-of-way as identified in the attached City
's Report be discontinued as a public way and removed from the official City
a public easement shall be retained.
R ORDERED THAT the attached City Engineer's Report relative to the
uance of First Street Extension is accepted, and the City Manager is authorized
to release deeds to the abutters.
IN CITY COUNCIL
DECEMBER 22, 2014
PASSED
CITY CLERK
15-039
DECEMBER 22, 2014
CITY ENGINEER'S REPORT
DISCONTINUANCE OF FIRST STREET EXTENSION
December 16, 2014
City of Bangor
To the City Council:
Pursuant to Council Order 15-.030, passed on December 8, 2014 directing the City Engineer to
discontinue First Street Extension and in accordance with 23 M.R.S,A.:§3026, the City Engineer
reports:
That of his intention to discontinue First Street Extension, the City Engineer gave written notice
(copy attached) together with a copy of Council Order 15-030 to the following:
LOUIS & DEBRA GRAVES
STEPHEN: EBERSOLE
PO. BOX 209
86 OLD FARM ROAD
CARMEL ME 044.19
AUBURN ME 04210
BANGOR HOUSING DEVELOPMENT CORP.
NATPHIANN LLC
ATTN; MICHAEL MYATT
40 HIGH STREET, SUITE 1
161 DAVIS ROAD
BANGOR, ME 04401
BANGOR ME 04401
CLIVIS & PATRICIA OUELLETTE
JOHN & LAURIE. KARNES
419 NORTH MAIN STREET
1105 OHIO STREET
BREWER ME 04.412
BANGOR ME 04401
KARA KONGSURIYA
BYRAN & LYNN SHEA
121 HAWTHORN AVENUE
97 FIRST STREET #7
BANGOR ME 04.401
BANGOR ME 0.4401
RICHARD GRAY
TIME WARNER CABLE
P.O. BOX 217
ATTN: DAVID PRESCOTT
BAANGOR ME 04402
BANGOR ME 04401
BANGOR GAS
BANGOR WATER DISTRICT
ATTN: JERRY LIVENGOOD
ATTN: KYLE KILLIP
498 MAINE AVENUE
P.O. BOX 1129
BANGOR ME 04401
BANGOR ME 04402
EMERA
FAIRPOINT COMMUNICATIONS
ATTN: DON KING
ATTN! BRIAN SMITH
P.O. BOX 932
615 ODLIN ROAD
BANGOR ME 04402
BANGOR ME 04401
COMMUNITY & ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
ATTN: TANYA EMERY
ATTN: DAVID GOULD
PLANNING BOARD MEMBERS
Said notice was also posted on the public bulletin board at City Hall and on a utility pole in the
vicinity of the proposed discontinuance.
15-039
DECEMBER 22, 2014
In accordance with the notification given, the City Engineer conducted a public hearing on
December 16, 2014 relative to the intention. of the Municipal Officers_ of the City of Bangor to
discontinue Frst Street Extension described as.fol ows:
First Street Extension was accepted as a public way in 1890. The right-of-way is
approximately 120 feet in length, was never built .or used.
The public meeting commenced at 10:00 a.m., and .in attendance were Jeff Beers, representing,
the -City Engineer and Cheri Sikes. No members of the public were present to be: heard.
The, City Engineer concluded the public hearing and made the following determinations:
1) There is no longer any public interest or need to retain First Street
.Extension as a public street.
2): The discontinued Right -Of -Way shall revert to the adjacent property
owners :to the center of the street or as otherwise provided. by law..
3) In accordance with the provisions of 23 M.R.S.A.. § .3026, abutting
property owners are entitled to '$0.00 in damages.
It is .recommended that said. First Street Extension be discontinued and vacated, and removed
from the Official. City Map, with no retention of a public easement.
Respectfully S, itted,.
John M. Theriault, R.E.
City Engineer
JMT/cas
Attachments
15-039
DECEMBER 22, 2014
BCity of
.r oEaine
PUBLIC NOTICE
PROPOSED DISCONTINUANCE OF FIRST STREET EXTENSION
TO ALL -INTERESTED PARTIES:
The City of Bangor is considering discontinuance of First Street Extension. This right-of-way,
approximately 120 feet mi length, was accepted in 1890 but was never built or used. This action
is being pursued to allow final transfer of the right-of-way to abutting owners.
Notice. is hereby:given that, in pursuance of City Council Order 15-030.; passed December 8,.
2014 and directing the City. Engineer to discontinue First Street Extension as outlined above and
.in accordance with 23 M.R.S.A. §3026, the City Engineer will hold a public hearing :on Tuesday,
December 161,20-14 at. 10:0.0 a.m. in the Engineering Conference Room, Second Floor, 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, and apportion the
same, if any, according to law, upon the lots or parcels of land damaged or benefited by such
discontinuance.
.Notice is hereby given to ail persons interested in the premises to appear at the time and place of
meeting, :then and there to be heard upon the subject:.
John M. Theriault, P.E.
City Engineer
City of Bangor, Maine
Attachments
15-039
DECEMBER 22, 2014
NOTES
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