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Home My WebLink About2007-02-12 07-081 RESOLVERem No. 07 081 Date: February 12, 2007 Rem/Subject Resolve, Altering and Establishing the Main Street Right -of -Way — linmin Street to Interstate 395 Responsible Department: Engineering Recent survey work performed in conjunction with the proposed Rados project on lower Main Street and review of this work and histoncal records by City Staff have determined that the exact location of the Main Street right-of-way between Lincoln Street and Interstate 395 Is not dearly defined. Further information prepared by Shyka, Sheppard, & Caarster, Land Surveyors is attached. This issue can be Modified! by Council Action to alter and establish the Main Street right-of-way in this area, as provided! by 23 M.M.A. § 30]2, Raying out of town ways and public easements". A proposed location W define the Main Street right-of-way has been determined. Most of the property In this area is owned by the Cry of Bangor and he proposed nightof-way definition would have no adverse impact on any adjacent properly. The attached Order is the first step in clearly establishing the Main Street right-of-way. In accordance with 23 M.R.S.A. § 3022, The City Engineer would subsequently provide public notice, conduct a public hearing, and submit a written report to the City Council for Final Action. Deparat Head Marrager's Comments: Recommend approval. / r City Manager Associated Information: Order Director V city iikinotor Introduced for JIL passage _ First Reading page _ M_ Referral 02/12/2007 tiR % Assigned to Councilor Gracvtck 07 084 CITY OF BANGOR (TITLE.) Order, Altering and Establishing the Main Street Right -of -Way- Lincoln Street to Interstate 395 WHEREAS, Lower Main Street was established as a public street in the early 1800's with a right- of-way width of 100 feet, and; WHEREAS, Recent surrey work and review of historical records indicate that the exact location of the Main Street right-of-way between Lincoln Street and Interstate 395 is not Beady defined, and; WHEREAS, 23 M.S.R.A. 4 3022 gives municipal officers the authority to lay out, after, or widen public streets, and; WHEREAS, such action to clearly define the location of Main Street is in the public Interest; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE (STY OF BANGOR THAT the City Engineer is hereby authorized am! directed to provide public notice in accordance with 23 M.R.SA. 4 3022 of the intention W alter and establish the Main Street dght-of-way line from Lincoln Street to Interstate AS and W submit a written report to the City Council for final action. IN CITY COUCIL Pebx ry 12p 2007 Pae d ITY CL y 07-081 ORDER MILW Altering aeJ Establishing the Maine Street Rigbt-of-Gay -Lincoln Street to Interstate 395 �a r SITYRA, SHEPPARD R GARSTER Land Surveyors 07 081 6500 5201) ,11195 t •Borgne, Maine OCa01 TaL (LI"/)9aD1955 Pu: 007)912-1931 g yka, SermumW Snap ard. PLS Ranxt 1. Ganges Jr.,PLS D hr I, 21106 Norman S. HdlmvuL 111, Esq. Bangor City Hall Legal Department 73 Harlow SueC Bangor,Mane01401 RE: Bangor Historic Track, Inc. Main Sweet Boundary Confirmation Dear Mr. HAtmanm: Massa corsitlrr Nis a formal rapsea fort the City cd Bangor 0 common the location ofMatn Sue& betwan 1-395 and Linin Stmt, as sswn mnor plan avitledi "Man of Main Rivers, Banght, Maine — Right of Way far Crufirmatlm", dated Nov. 7,2W6. Pumsuant to We ralaen. enclosed are the "owing commerce • Petidm and Layout description for Main Street touts in Hassock County Comnussiomus Records Volume 1, Page 321, dated May 3, 1803. • Layout repos[ and acepmn far Main So- t Rural in the City a Bangor Rnrds.Road Book 1, Page 103, dead December 17,1834. • Man "...to accompany the Repeat made by the Street Engineers to show the lines of Main Sam-. ', dotal Oce 9,1852, reasserted In CityofBangor Enginamng Department Plan Book 1, Page 305. • Mane Deparlmmca of'Itansportnion Right of Way Map, Sma Highway"2b",August 1987, unless 1-3 of 7 (reduced), recorded in the Penobscot County Registry of Deeds in Map File D384-89 through DA6-89. • 'Plea a Main Strers, Bought,Maine— Right of Way Rv ConBrvmdov', preparetl by Shyka, Shouted B. Gallus, data] Nov. 7.2006. The1803Cmaylayoutis Nemilmrxa documentwefindfm Man Sue. Hisduom Nm MDOT Right of Way Map and uppers toluene ori®si doumnmt as aWag Man Strew. Mae Ciryof Banght u[aDBanlM the L00 foo[ width toe Man Strxt in Neh 1834acceptance. In 1852, the Ciry of Bangot Street Engineers flied to bsWve Ne laatiou of Main Sued using (encu Pound along the streC a Nat time Family, in 1997. MMT prepared a donilM right of way map showing Man Street. Them dnmmse all refer to a locahom for Main SBttt, but move of Nem establish petmveM nutneMs or relaoducible kCatl6ns for Ne sum mass. Normally, we look to MOOT plains for oeainry, but N tN9lnstasa the plans lack gcomenc des between the coutrol baseline and Ne SITYKA, SHEPPARD&CARSTER 07 081 e2 Land Surveyors street limitations. Adtitionally,these 1987 MDOT plans ane not command with ties MDOT coordhamgemetrY fileaWwNT NGr own Puna arebaaeQ We azeleR inasimamse Of m MtIM4cVble ao detanune alc Man$p'WSIccflYW clOea [lunafao[ar zn. ItiaL auseaf lltis usmmimY, Bae magmmde of the wolec[ PrsPosW by rar Gient sad ifs pmdmitY to Ne strcet One, Nat we[uryest [his wnfi[mation. BMW on o« pmvlous discussions and dionden received from Bangor City Surveyor Jim Grier, P.L.S.,x haveprcpared car "Man of Main St[cel, Bangor, Maine - Right of Way for coNnmaawi•f«ptteenaatlnnmfhe city cWnCll to beuaM as Neeasis f«Vtis action. We uMxslmd NAL Pending their review and a«eptarce, the Plan can bercw[drd at Nel'enobswt Coumty, Registry of Deed: togellar WM epproprlam Council dSurrcNadM. Weappr areyour MIPwiNWsprocess Aadlaakfmwmdtocompleting Ir. Pleasecallifyou havequ¢tlosis orassn\est any additional iNr<mauom. �d3"Vll/� �� Steverson W. Sh¢pa[d Professional Land Survey« Cc: Edwin C. Hanson Helen L. Fdmorsh, Esq. Robot M. Famik, HI, P.E. A. Ray Boldus, P.E. John Kenney Thnmm L. Om[aL,P.E.