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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 07 010 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 Yaas g 07-010 0 CLP.R ORDER (nTLR tlu[hPzlamz tna niacaaranaaoce of a Portion of Dutton Street Aum owdbfboodl�,or (4100.N _01 ✓ tl 07 010- 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 '07 010 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 07 010 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