HomeMy WebLinkAbout2012-07-09 12-237 ORDERCOUNCIL ACTION
Item No. 12-237
Date: July 9, 2012
Item/Subject: Authorizing Discontinuance of Town Way and Public Easement — Property on Mt.
Hope Avenue
Responsible Department: Engineering
Commentary:
Recently, the City Engineer was contacted by Hampden Home Builders requesting that a 16.5
foot by 3,960 foot section of a City -owned right-of-way be discontinued.
This public easement was originally laid out as a private right-of-way by the Bangor City
Engineer on July 10, 1891. In 1975, the Legislature converted all private ways laid out by a City
Engineer into public easements. The public easement is now owned by Hampden Home Builders
and is not necessary for the City's infrastructure.
The attached Order will authorize the City Engineer to hold a public hearing for the purpose of
determining whether any property will be harmed in the discontinuance or the easement. This
item was reviewed at the July 2, 2012 Infrastructure Committee and recommended to the full
council 3-1.
Arthur B. Morgan, PE
Department Head
Manager's Comments:
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Associated Information: Council Order, Map
Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced for
Passage
First Reading
Referral
12-237
JULY 91, 2012
r Assigned to Councilor Sprague
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(TITLE.) ORDER, Authorizing Discontinuance of Public Easement — Property on Mt. Hope
Avenue
WHEREAS, The Private Way from Mt. Hope Avenue to the Hathom Farm, was accepted as a
Right -of -Way on July 14, 1891; and
WHEREAS, That the 16.5 foot wide and approximately 3960 feet public easement served as
an ingress and egress from the Hathom Farm.
WHEREAS, That Hammond Home Builders acquire the property for the purpose of housing
development, recorded in the Penobscot Registry of Deeds Book 9280, Page 42
dated April 15, 2004; and
WHEREAS, That Hampden Home Builders has requested the public easement be discontinued
from the northerly of Mt. Hope Avenue for a distance running northerly of
approximately 3960 feet; and
WHEREAS, The Private Way is no longer be necessary to serve as an accepted Right -of -Way;
By the Qty Counts/ of the City of Bangor.
NOW THEREFORE, BE IT ORDERED THAT,
The City Engineer is hereby authorized and directed to begin the process of discontinuing the
Private Way in accordance with the provisions of 23 M.R.S.A. §3026 and to submit a written
report to the City Council for further action.
IN CITY COUNCIL
JULY 9, 2012
PASSED
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CITY CLERK
(TITLE,)
Assigned to Councilor
Memorandum
To: Infrastructure Committee
From: Arthur B. Morgan, City Engineer - Director of Public Services
Date: June 28, 2012
Re: Discontinuance of former private way - property on Mt. Hope Avenue
Hampden Home Builders has acquired several abutting parcels of land on Mt. Hope Avenue. A
residential subdivision has been built on a portion of the land. During their review of the title of
one parcel, it was discovered that a 16.5 foot private way exists on the land. Attached is a plan
showing this way.
This private way was created by the Bangor City Council on July 14, 1981 pursuant to a
petition submitted by a citizen seeking access to land formerly known as the Harthorn Farm.
This farm consisted of two parcels now owned by Hampden Home Builders. At that time
municipalities could create private ways across a landowner's property upon petition by a
citizen. If the City granted the petition request the citizen asking for the private way was
required to pay the landowner whose land was affected.
A 1975 amendment to state law regarding streets and ways provided that private ways create
pursuant to previous laws were now "public easements".
This private way has never been maintained as a public way and serves no purpose for the City.
Hampden Home Builders has requested that the City discontinue this way.
City staff has reviewed this matter and recommends that the way be discontinued. Never
having been constructed to conform with the City's requirements for a public way and never
having been used as a public way there would be no damages assessed to the benefit of
abutters.
Discontinuance of a public way is a two step Council process and there will be an order on the
July 9t" Council agenda to begin the process.
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