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Home My WebLink About2000-02-14 00-102 ORDERCOUNCIL ACTION Data: Pebx,w'a 16- 3M0 Item No.: la m.- IteMSubject AuNmizngthe Diswminuanceofa Pordonof School Street Responsible DeparnaenC Engineering Commentary: The City received a request from Campannelli Investment Properties and Hannaford Bros. b discomirme a short section of the easterly end of School Street. The request was made in contemplation of a proposed expansion of the Broadway Shopping Center. Council Order 99-212 directed the City Engineer to take necessary action as prescribed by 23 M.".A. § 30M and report his findings to the Council for f 1 action. Approval of the attached conned order will accept the City Engineer's report (copy aHaehel theocrat and Jardine the discontinuance. The report also recommends that a public easement for maintenance o aUlities be retained. vH d 1/ t Manager's Comments: lv Clry Manger Associmedlydormaaon: 6,,,,,41 ) rrn.f, Budget Approval: Fawre Dauw Legal Approval C muco Introduced For: 4-r m$ [Sypassage 0 First Reading ❑ Referral Page of 00-102 A,otned m Councilor naIdau-r February Lt, 2W0 CITY OF BANGOR (TITLE.) (OfbP.Tt Authorreiog Bic Discontinuance of a Portion of SA, ool Street By 101004 C0u+i0t10fw 04OfBawoe: ORDERED, TUT the attached report of the City Engineer relative to the discontinuance of a portion of the easterly end of School Street be and hereby is accepted; and BE IT FURTHER ORDERED, that said Random of School Street righ4o4way described in the City Engineer's report be discontinued as a public way and remove from the official City map. In accordance with 23 MR-S.A. § 3026, a public easement for the maintenance of utilities shall be reraired. IR CIT4 C0119CI1 1 February 16, 2000 0o 102 Passed ORDER 02, 1p CI CLLR Titles Portion iiin6 the Street wovice = of a Poi[ioa of Selwol Street ...................................... ..... A geed to '(� es Coun�.Nan 00-102 99-212 .Assigned to Councilor nonce" %999. CITY OF BANGOR IJITLEJ (®rtrer, Authorizing Discnnfinuanceof a Eortbona School Street. By the City Council of the Ciro ofBanw. ORDERED, 7"T WHEREAS, a ponion of School Street was accepted w a public way in 1960 and; WHEREAS, a portion of School Street easterly of Hillside Avenue is no longer considered necessary to serve the public needs; NOW, THEREFORE BE 17 ORDERED, that the City Engineer be and is bereby anthor¢ed and directed to begin the process of discontinuing a portion of School Street easterly of Hillside Avenue in accordance with the provisions of 23 M.R.S.A. § 3026 and submit a written report to the City Council for father action. CITU OF MAINE Icknrwnu wE= ENGINEERING DEPAFRAENr TEL907-904400 Jarrts D. Ring. P.E. FAX e07-afau49 On Enpineernainesid of PrtAc Samces CITY ENGINEER'S REPORT DISCONTINUANCE OF A PORTION OF SCHOOL STREET February 8, 2000 CITY of BANGOR, To the City Council: Pursuant to an order of the Council, Order 99-212, passed Juoe 14, 1999 directing the City Entim m to discontinue a portion of School Street and in accordance with 23 M.R.S.A. § 301 City Engineer reports: That of his intention to discontinue aportiov of School Street the City Engineer gave mitten notice by notices attached to copies of said order posted for five days prim to the 8'" day of February, 2000 in two public places in the City of Bangor and in the vicinity of said street, W wit: One on Indiana brand at City Hall One on utility pole in vicinity of intersection of School Shed and Hillside Ave. One on Wllity pole on School Street approximately 150 feet east of Hillside Ave. and also gave notice by causing the same to be published in the Bangor Daily News. Newspaper printed in said city, for five days prior to February 8, 20M copy of said order and entices, so posted and published, is hereto aMexed and made part of this Mon. Aad that the said City Engineer met at the time and place of reading specified in the notices and proceeded to discontinue a portion of said School Street rightrof-way, said Portion described as follows: Beginning at a point on the northerly rightrof-way line of School Street, said point being located 107.95 feet easterly Gam the easterly right-of-way line of Hillside Avenue; thence N 800 - 55' E along the northerly right-of-way, of School Street 168.2 felt to the end of School Sheet; thence S 70 - 35' W 52.09 feel along the end of School Street to the sou[Mrly right-of-way line of said amid; thence S 800 - 55' W along the sordidly right-of-way line of School Street 168.2 feet to a point thenen N r - 35'W 52.09 feet to die point of beginning. Meaning and intending to describe die most easterly portion, 168.2 feel in length, of rhe 50 foot wide right-of-way, known as School Street which was originally laid am and accepted by the Bangor City Council on Jane 13,1960. Written notice of the public hearing for the discontinuance of a portion of School Street was given to the City of Bangor Planning Hoard, utility wmparries, and all abutting property owners, namely: Hannaford Bre. Co.—Mary Gamage RE. Representative Campanella Investment Properties Bangor Hydra Elect Co. Bangor Water District Adelpbia nmuder Vision Bell Atlantic At dre time and place set for the hearing Mary (Image and Ian Wiegman, representing Hamaford Bros., Co. and Campannelli Investment Properties spoke in favor of the proposed discontinuance. Peter Libluct representing the Bangor Hydro Electric Company and Chuck Spencer, representing the Bangor Water District also spoke on the issue. Each expressed no objection to the proposed discontinuance, provided that utility easement rights are retained. The City Engineer had also received a letter from Adelphia CAN expressing a desire to retain utility easement rights. It is recommeMed than the portion of School Street described above be discontinued and removed firm the official City nap, subject to the retention of a public easement for the mainterunce of public utilities as defined in 23 M.R.S.A. § 3026. It is further determined And, in accordance with 23 M.R.S.A. § 3026 abutting Property owners are entitled to 50.00 in damages as a result of said discontinuance. Respectfully Submitted, James D. MnP.E. City Engineer 0o-102 CITY of P MAINE 72 "ARLON STREET &UNGOR.MAHNE Seen 1� ENGINEERING DEPARTMENT TEI . amiusuoo Jesse D. Ring, P.E., City Enannrdowntor of Pudic Eervioev February 2, 2000 NOTICE PROPOSED DISCONTINUANCE OF A ]kar Interested Party I am writlng to notify training property and business ovmem and utility companies that the City of Bangor is considering discontinuance of a portion of School Street, located easterly of Hillside Avenue which is no longer considered necessary to serve the public needs. This action is being contemplated at the request of Campanelli Investment Properties and Hannaford Brothers, Inc. I will be holding a public hearing relative to this matter is the thbd floor conference room at City Hall, 73 Harlow Skeet on Tuesday, February 8, 20M at 10:00 A.M. E.S.T. Enclosed is a copy of a recent Council Order dimefing the City Engineer to begin the necessary terms to accomplish the proposed discontinuance and a copy of the formal public notice. The public hearing is the fust step in the discontinuadem process. At the hearing, l will outline the proposal in further detail and explain the additional steps in the process for discontinuing a public way. I would encourage you m allend the public hearing if at all possible, as it provides an opportunity for you to offer comment and input relative to the Proposed action. Your input will be considered in developing my recoumrendation In the City Council for final action on this matter. In the meantime, please feel free to contact me m 945-4900, ext. 200 if you have any questions. Smearelg 4 JIMity"Fnginessur D. Ring, P.E. CITY O MAINE GON ME RE Wo ENGINEERING DEPARTMENT TEL. 207)8,15 o Lmrt D. fling. P.E., City Engineer/Giretor of Pudic SnWees February 2, 2000 PUBLIC NOTICE PROPOSED DISCONTINUANCE OF A PORTION OF SCHOOL STREET Notice is hereby given that in pursuance of City Council Order No. 99-212 passed June 14, 1999 directing the City Engiveer to disc mime a portion of School Stmet located easterly of Hillside Avenue which is no longer considered necessary an serve lire public needs, the City Engincer will hold a public hearing on February, g, 2000 at 10:00 A.M. E.S.T. in the third floor cow rence room, City Hall, 73 Harlow Street, Bangor, Maine to consider discon inuancs of said street and determine the damages or benefits any person will sustain by reason thereof and apportion such damages or benefits, if any, according to law, upon the lots or parcels of laud damaged or benefited by such discontinuance. Notice is hereby given to all persons interested in the premises to appear at the above mentioned time and place of noting, if they see cause then and there to be heard upon the subject. Lames D. Ring, P.E. City Engineer City of Bangor, Maine Fro U! OofI4 ✓est 910-sozo �s. IIV