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HomeMy WebLinkAbout2007-05-14 07-168 ORDERItem No.
Date: May 14, 2001
mem/Subject Order, Authorizing Discontinuance of A 75 Foot Long Portion ofWanNIM:
Street Located to the South of Fame Avenue
Responsible Department: Engineering
Frank Carr has requested that the City discontinue the dead-end portion of Warwick Street adjacent to
his property at M Eare Avenue. While this dead-end portion of the street has been accepted as a
public way and Mr. Can has used it as his driveway, Rhas not been constructed or used as right-of-
way and 0 is not used by the general public or needed for public purposes. Under 23 M.R.S.A. §
3032, the City retains ownership of such right-of-ways until formally discontinued. Pursuant W
Council Onder W-150 the City Engineargave ra tice of Me purposed discontinuance and held a pudic
hearing.
This Order will accept the City Engineers Report and discontinue 75 foot long section of mid portion
of Warwick Street, with retention of an easement to maintain an edsting utility pole line.
cepart2t sad
Flnance Director
Legal Approval:Kj
V
City Solidor
Introduced for
_ Passage
_ First Reading
Page _ of
Referral
07 168
t,T Assigned to councilor ealrar May 16, 2007
CITY OF BANGOR
)TITLE.) Order, Authorizing Discontinuance of A 75 Foot Long Portion of Warwick
Street Located South of Earle Avenue
WHEREAS, the 75 foot long section of Warrick Street located to the south of Earle Avenue
was accepted by the City as a paper street but was never constructed or used as such; and
WHEREAS, the owners of property located at 64 Earle Avenue has requested that the City
discontinue this portion of nghtrof-way; and
WHEREAS, a 75 foot long section of said paper street is no longer necessary to serve the
public needs;
NOW, THEREFORE BE IT ORDERED BY THE CIN COUNCIL OF THE CITY OF BANGOR THAT
the attached Report of the City Engineer relative to the discontinuance of said portion of
Warwick Street is hereby accepted; art,
NOW, THEREFORE BE IT ORDERED THAT
In accordance with 23 M.R.S.A. § 3026„ a 75 foot long section from the southerly end of said
portion of Warwick Street as more fully described in the attached City Engineer's Report be
discontinued as a public street and removed from the Official City Map, A public easement is
retained for malnenance of an existing overhead utility line.
IN CITY WMCIL
Nay 16� 2007 -
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exas cease o a n e a
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75 Foot Lwg Portion of WarwickStreet
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07 IRR
CITY ENGINEER'S REPORT
DISCONTINUANCE OF AN UNNAMED PAPER STREET WARWICK STREET
May 8, 2007
City of Bangor
To the City Council:
Pursuant to Council Order 07-150, passed on April 23, 2007, directing the City Engineer to
discomnue a 100' portion of a paper street south of Eade Avenue and in accordance with n
M.R.S.A. §3026, the City Enginssr reports:
That of his intention to discontinue said paper street, the City Engineer gave written notice to
the following:
City of Bangor
Planning Board Members
Bangor Gas
Am: Jerry McKenny
21 Main Street
Bangor, ME 09401
Vedzon Cpmmunkabons Aldephia Communioadon
Atte: Bill Francini Aho: Steve Bussey
615 Odlin Road 444 Perry Road
Bangor, ME 04401 Bangor, ME 04401
Bangor Hydro Electric Company
Bangor Water District
Atte: Bruce Smith
Attn: Greg Reed
P.O. Boz 932
P.O. Boz 1129
Bangor, ME 04402
Bangor, ME 04902
Mr. Frank Cam Mr. Daniel Landers Ms. Norma Berg living Trust
64 Earle Avenue P.O. Box 554 Norma & Howard Berg Trust
Bangor, ME 04401 Bangor, ME 09402-0554 67 Poplar Street
Bangor, ME 09401
George Lavoie & Devon M.
Crossetti
P.O. Box 1374
Bangor, ME 04401
Said notice was also postetl on the Wblk bulletin boats M City Hall and on two utility poles In the Mdnlly
tithe proposed! discontinuance.
In accordance with the rgtifxation given, the CIN Engineer conduQecl a public heading an May 2, 2007
telative to the intention of the Municipal Officers of the CIN of Bangor W dimontinue Wamikk Street
descrbed as follows:
One hundred foot long un -built papa street, which includes a sorer line, that runs
between Sdney B Walter Streets.
Attendees m Ne public hearing were Frank Cam, fir Earle Street, Stere Barney, Tana Warner Cable
(formerly Adelph0), and Jeremy Marin, Cade Enforcement.
Steve Bouey expressetl concern regarding an edio ng pole share by Tme-Warner Cable and Vernon, and
a secondary, also present, which serves Pointer Street, Frank Cart dented Interest In bulking a garage off
end, to whirl) Jeremy Martin irMicated a potential prodem with street frontage of 75' ceeded For lot 51.
Mare specifically, if the entire 100 fact long person of WarvAck Street moth of Earle Avenue Is
dlscontinund, bt 51 would only have 50 feet N public stmet frontage.
The City Engineer concluded the pubic hearng and made the following tleterminctbns:
_l. Thxe is no longer any public Wormed or need W retain the most motherly 75 feat long
pardon of Warrick Street.
2. A 25 foo[ brig section of Wamnck Street immediately south of Eads Avenue shall remain a
pudic way. This is necessary W"Me 75 meta frontage for lot 51 and W allow continued
malnhnan a of pudic storm drain.
3. Te discontinued patient of Warwick Street shall revert equally W the adjacent property
owners or as otherwise provided by law.
4. In accordance wph 23 M.R.S.A. § 3026, abuttlng property owners are entitled W $0.00
damages.
S. In accordance with 23 MRSA. § 3026 a a blic easement shall be retained for maintenance
of an existing overread utility, poke IIm. Sand easement shall encompass a 10 foot wide strip
located a" the most easter, edge of the discontinued portion of Warwick Street
It is ra'nmmended that the section of Warwick Street demribed below be discontinued and vaoted, and
removed from the Oficial Gly Map, with retention of a public easement for mandlenance N an existing
overmes! Win pole line as refererxand in said demrptlon.
'Ihe ported of the forty (90) foot wide pudic way beginning twenty-five (25) feet
motheM of Eade Avenue and herding mutherty appmHmately sweaty -five (75) feet
ro its psesent terminus, with the retention of a ten (10) foot wide easement along the
mast easterly edge of sall portion for the malntehnce of an exkting public unity pole
ine.°
nRapectullysArn [ed,
V lr.�
James D. Ring, G.E.
Director - IDS,
City Engineer
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