HomeMy WebLinkAbout2006-11-13 07-010 ORDERitem N% 07 010
Date: November 13, 2006
Item/subject Order, Authodzing the Discontinuance da Portion of Dutton Street—
Northeasterly from Main Street
Responsible Department Engineering
Bangor Historic Tracy Inc. (BHI) is proposing to construct a permanent gaming facility on lower
Main Street and has either acquired the property or rights to the property, abutting Dutton Street.
Pursuant to Council Order e6-363 the City Engineer gave notice of the proposed discontinuance of
the public easement and held a public hearing on November J, 2006.
Approval of the attached Council Order will accept the City Engineers report (mpy attached) and
finalize the discontinuance. The attached Order stipulates that said discontinuance be subject to
retention a an easement fa Public Utilities necessary to provide service.
Copies of Council Order 06363, the report of the Oty Engineer, and a skehh showing the portion of
Dutton Street to be discontinued are attached.
Department ead
Manager's Comments:
City Manager
Associatedinformation: C,0 06'363, Y 4sal $
Budget Approval:
J L
Finance Director
Legal Approval:
City salidtor
Introduced for4.A
Passage
_ Fist ReadhB Page _of _
Referral
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Assigned m Co alar v eeee aeoenoez n: leas
CITY OF BANGOR
(ARE.) ORDER Authorizing the Discontinuance of A Portion of Dutton Street
WHEREAS, Dutton Street northwzsterly from Main Street was accepted as a public way
November 6,1883; and
WHEREAS, the portion of Dutton Street beginning approximately 160 feet northwesterly from
Main Street and extending northwesterly M puss Park is no longer needed to
remain a public street to serve tie public needs;
NOW, THEREFORE, BE U ORDERED By THE CRY COUNCIL OF WE CRY OF BANGOR THAT
the attached Report of the Ctry Engineer relatrre to the discpntinuance of said portion of Dutton
Street Is hereby accepted; and
BE R FURTHER ORDERED THAT,
in accordance with 23 M.R.SA. § 3026, old portion of Dutton Street as more fully descdbed in
Me City Engineer's Report be discontinued as a public street and removed from the Official City
Map. A public easement is retained for public utility facilities necessary to provide service.
IN CIT4 WdnCIL
November 13, 2006
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CITY
36
CITY ENGINEER'S REPORT
DISCONTINUANCE OFA PORTION OF DUTTON STREET—
. NORTHEASTERLY FROM MAIN STREET
November 2, 2006
City of Bangor
To the City Council
Pursuant to Council Order 06-363, passed ore October 23, 2006, directing the City Engineer to
discontinue the porton of Curren Street beginning approximately 160 feet northwesterly of
Main Street a rending to Bass Park and In accordance with 23 M.R.S.A. 43026, the Oty,
Engineer reports:
That of his intention to dismminue said porton of Potton Street, the Oty Engineer gave written
notice (copy attached) together with a copy of Coundl Order 06-363 to the following:
City of Bangor Bass Park
Planning Board Members Attn: Mike Dyer
Verizon Communications
ATTN: Bill Francini
615 Oldin Road
Bangor, ME 04401
Adelphia Communications
ATTN: Steve Bosley
444 Perry Road
Bangor, ME 04401
Bangor Gas
ATTN: Jerry McKenny
21 Main Street
Bangor, ME 04401
Bangor Hydro Electric, Co.
ATTN: Bruce Smith
P.O. Box 932
Bangor, ME 04402
Bangor Water District
ATTN: Greg Reed
P.O. Box 1129
Bangor, ME 04402
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Said notice was also posted on the puWic bulletin booty at City Hall and on a utility one in the
vicinity of the proposed dscontinuance.
In accordance with the notificatuon given, the City Engineer oanducted a public hearing on
November 2, 209E resume to the intention of the Municipal Offices of the City of Bangor to
discontinue a ordon of When Street descnbed as fci
"A oidon of the section of Dutton Sheet that was accepted as a public way on
Nwenber 6, 1883, beginning SW had norihwatedy from Main Street, measured along
the southwesterly sideline of said Dutton Street, and rodending northwesterly to Eass
Park."
Michael Dyer, bas Park Director for the City of Bangor and Donald Cammady
representing the Bangor Water Dstrict were in attarnance. The City Engineer explained
the discontinuance process as provided by MRSA § 3026. He also noted that
historically the property abutting pre southwesterly side of the street was privately _
owned, so the street mended access. However, since the City now owns all property
on both Was of the motion proposed for discontinuance, there is no need for it he
remain a public Went. The proposed discontinuance would allow a sebacic reduction
that would accommodate construction of a proposed parking U. The City Engineer also
Idiated that there would be no physical changes In the street and it would continue to
function as a primary entrance to Bas Park. he also Indicated that a public easement
as defined in 23 M.R.6A. § 3026 would be retained for the maintenance of public
utilities. Mr. Dyer indicated his support of the proposed discontinuance. Mr. Cammack
indiratetl no objection as long as a public easement is retained for the maintenance of
poWk utilities.
The City Engineer concluded the public hearing and made the following determinations:
1) There a no longer any public Interest or need W retain this porton of Dutton
Street as a puWic sheet.
2) The discontinued portion of Right -Of -Way shall revert to the adjacent
property owners to the meter of the street or as otherwise provided by law.
In this Instance, the City is the only abutter.
3) In accordance with the provisldns of 23 M.RS.A. § 3026, there are no
damages.
4) A public easement as defined in 23 M.R.S.A. § W26 shall W retained for the
maintenance Of public utility fadiims necessIry to provide service.
It is recommended that sald portion of Dutton Sheet be discontinued and vacated, and remove
from the Officlal City Map, with retention of a public easement for maintaining public Only fadlitles.
Respectfully Subm�idJad,
9i n �7
James D. Ring, P.E.
Director — BCS,
City Engineer
JDR/ae
Attachments
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NOTIFICATION LIST
City of Bangor
Planning Board Members
City of Bangor
City Solicitor
Norm Heitman
City of Bangor
Community & Economic Development
Atm: Rod McKay
Bass Park
Attn: Mike Dyer
Adelphia Communications
Atm: Steve Bossey
444 Perry Road
Bangor, ME 04401
Bangor Gas
Attn: Jerry McKenny,
21 Main Street
Bangor, ME 09901
Bangor Hydm Electric, Co.
Attn: Bruce Smith
P.O. Box 932
Bangor, ME 04402
Bangor Water District
Atm: Greg Reed
P.O. Box 1129
Bangor, ME 04402
Verimn Communications
ATTN: Bill Fmndnl
615 Oldin Road
Bangor, ME 04401