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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 - .. 0... x 07-I68 exas cease o a n e a rme a 75 Foot Lwg Portion of WarwickStreet d 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 3DR/ras Atacfinents la zc n © 0 ®1. s. s, f 3 C 9 .©oma ® ®, ,�,,,�•� as Q;o o 56 31V15 b31 ry � cyry� T z t3 ,,.x �M1H 15 91"ib5 £ 1 HHS A11D la