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Home My WebLink About2007-05-14 07-167 ORDERDace: May 14, 2007 Man ft, 07 187 Item/Subject Order, Authorizing Discon0oumce of a Portion of Unnamed Paper Street between Sidney Street & Water Street Responsible Department: Engineering An unnamed paperstreet exist between Sidney Street&Wslter Street. Wehavereceivedarepuestfroman adjacent property owner to discontinue the twenty Pont wide paper streetto increase his yard. Pumuantto Council Order 0-035, the City Engineer gave notice of the proposed discorronuance of the un -named, un- built paper street and held a public hearing on April 2, 2007. Approval of the attached Council Order will acceptthe City Engineer's report (copy attached) and finalize the discontinuance. The sneered! Order stipulates that saW dismntirmance is subject retention of an casement encompassing the entire former rightV-way for maintenance of an existing sanitary sewer line. The report of the City Engineer and a sketch showing the portion of the un -named paper street between Sidney & Water Streets are attadied. Department Head Recommend approval. ® uU City Manager Assodatetl Information: Enineers Report, [oration Map Finance Director Legal Approval: W City solid r Introduced for _A_ Passage _ First Reading Page _ of Referral 07 167 Aaaiaaed to evaM k May 16, 2007 CITY OF BANGOR ITRLE.) Order, Authorizing Discontinuance of a Portion of Unnamed Paper Street between Sidney Street & Walter Street WHEREAS, certain unconstructed street rightsof-way exist, referred to as "paper streets" in 23 M.R.SA. §3032; and WHEREAS, an unnamed paper street running from Sidney Street to Walter Street was recorded June 8, 1897 In the Penobscot Registry of Deeds Plan Book Volume 6, Page 19; and WHEREAS, the owners of property located at 109 Sidney Street have requested that old paper street adjacent to that property be discontinued; and WHEREAS, said paper street is no longer necessary to serve the public needs; NOW, THEREFORE, BE rr ORDERED BY THE CITY COUNCIL OF THE CRY OF BANGOR THAT the attached Report of the City Engineer relative to the discontinuance of said un -named, un- built paper street between Sidney & Water Streets Is hereby accepted; and BE IT FURTHER ORDERED THAT In accordance with 23 M.R.S.A § 3026, said un -named paper street as more fully described in the City Engineer's Report be discontinued as a public sorest and removed from the Official City Map; arid BE IT FURTHER ORDERED THAT The discontinuance shall be subject to retention of a public sewer easement encompassing the entire former street right-of-way as further described in the attached report. IS cin MUWCIL y � ]A. 2007 R 0]-16I In CLEWS QLRea Ptper izivg pis oomtZe of rest and Walter sc:eec March 27, 2007 PUBLIC NOTICE 07 167 PROPOSED DISCONTINUANCE OF AN UNNAMED PAPER STREET BETWEEN SIDNEY & WALTER STREETS TO ALL INTERESTED PARTIES: The City or Bangor is considering discontinuance of a twenty foot wide unnamed paper street Mat runs between Sidney Is Walter Streets. The proposed discontinuance involves an un -named and un -built portion of Nght-of-Way containing a sewer line. The City will retain an easement for the sewer line with the restriction that the former lane remain undeveloped open space. Notice Is hereby given that in pursuance of City Council Order No. 07-035 passed December 11, 2006 directing the Cloy Engineer W discontinue a portion of the unnamed paper street between Sidney Street & Walter Sheet as outlined above and in accordance with 23 M.R.S.A. §3026, the City Engineer will hold a public hearing on April 2, 2007 at 9'.00 a.m. EDT in the Engineering Conference Room, CIN Hall, 73 Harlow Street, Bangor, Maine to consider discontinuance of mid street and determine the damages or benefits, if any, sustained by any pant as a result of this action, apportion same, if any, according to law, upon the lots or parcels of land damaged or benefited by such discontlnuance. Notice is hereby given to all persons interested in the premises to appear at the time and place of meeting, if they see just cause Men and Mere to be heard upon the subject. .James D. Ring, P.E. City Engineer City of Bangor, Maine 07 197 Said notice was also posted on the public bulletin board at City Hall and on two utility poles in the vicinity of the proposed discontinuance. In accordance with the noti0cadon given, the City Engineer conducted a pudic hearing on April 2, 2007 relative to me intention of the Municipal Officers of the City of Bangor to discontinue an unnamed paper street described as follows: Twenty foot wide unnamed and un -built paper street, whits includes a sewer line, that runs between Sidney & Walter Streets. Attending the public hearing were Assistant City Solicitor, John Hamer, and Mr. Joe Racer, Jr., owner of abutting property on Sidney Sheet Mr. !lacer indicated support for the discontinuance. He requested the discontinuance in order to obtain some additional land, which would serve as a side yard buffer for additional building construction he would like to undertake an his existing property. Just prior to the public hearing the City Engineer was contacted! by Ms. Margaret Samways, who owns abutting property at 102 Walter Street Ms. Sell indicated that she had not recelved notice in the mall to allow sufficient time for her to make plans to be ab@ to attend the public hearing. She also requested a continuation of Me public hearing and an opportunity to discuss the discontinuance and possible concerns. The City Engineer subsequently contacted Ms. Samways on April 2, 2007 and May 7, 2007 to discus this matter with Ms. Samways. She did rut indicate an opposition to the discontinuance but did eepress concems about ongoing maintenance of the existing sewer line within the paper street right-of-way. She specifically mentioned concerns about the potential impacts of any new building construction on future sewer maintenance. The City Engineer Indicated that he would recommend that a sewer easement be retained over the errore paper street right-of-way. This would assure adequate working space for future sewer maintenance and prevent encroachment by new building construction. The public hearing was oi0tlally dosed on May 7. 2007 The City Engineer concluded the public hearing and made the following determinations: 1) There is no longer any public interest or need to retain this unnamed paper street as a public street. 2) The discontinued unnamed paper street shall revert to the adjacent property owners or as otherwise provided by law. 3) In accordance with the provisions of 23 M.R.S.A. § 3026, abutting property owners are entitled to $0.00 in damages. 4) In accordance with 23 M.R.S.A. § 3026 an easement encompassing the entre former paper street right-of-way shall be retainetl far the maintenance of an edsting sandtl sewer line, With the restriction that the farmer meet rea In undeveloped. No buildings or structures shall be allowed whin the easement area. 07 167 It is recommended that said unnamed paper street between Sidney & Walter Streets be discontinued and vacated, and removed from the Oficial City Map, with a sewer easement retained as described above. n� Respectfully 7 James D. Ring, P.E. Director — IDS, City Engineer JDR/cas Attachments 07 167 07 A7 CITY ENGINEER'S REPORT DISCONTINUANCE OF AN UNNAMED PAPER STREET BETWEEN SIDNEY & WALTER STREETS May 7, 2007 Cly of Bangor To the City Council: Pursuant W Council Order 07-035, passed on December 11, 2006, directing the Oty Engineer to discontinue an unnamed paper street between Sidney & water Streets and in accordance with 23 M.R.S.A. 43026, the City Engineer reports: That of his Intention to discontinue said unnamed paper streeA the City Engineer gave written notice to the following: City of Bangor Nanning Board Members Bangor Gas AM: Jeny McKenny 21 Main Street Bangor, ME 09901 Mr. Joe Kacer, Jr. 738 ML Hope Avenue Bangar, ME 09901 Vernon Communications Aldephia Communications AM: NII Francini Attu: Steve Bonney 615 Odlln Road 999 Perry Road Bangor, ME 09901 Bangor, ME 09901 Bangor Hydro Electric Comparw Bangor Water District AM: Bruce Smith Attn: Greg Reed P.O. Box 932 P.O. Boz 1129 Bangor, ME 09902 Bangor, ME 09902 Mr. Anastavos Karageorgiou Ms. Margaret Samways 356 Broadway 102 Walter Street Bangor, ME 09901 Bangor, ME 09901