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HomeMy WebLinkAbout2006-07-10 06-266 ORDERCONNCJUL f ON Item No, 06 266 Dale: July 10, 2006 Item/Subject Order, Discontinuance of a Portion of Webster Avenue Between Perry Road and Interstate 395 Respmisible Department: Engineering The City of Bangor received a request from Galan Cole to discontinue Ne portion of Webster Avenue between Perry Road and Interstate 395. Mr. Cole 9wnsall property abutting this section of Webster Avenue. On June 26, 2006, the City Council approved Order 06-359 which directed the City Engineer to take necessary allion as prescribed by 23 M.R.S.A. 13026 and report his findings N the Council for final action. Approval of the attached Council Order will accept the City Engineer's report (ropy attached) and finalize the discontinuance.. The attached Order stipulates that said discontinuanceb rsubjectte: 1) retaining an easement for Public militias necessary to provide service(including new sewer be golf course facilities), and 2) retaining an easement toestablish and maintain a recreational trail or pathway. AssOciatetl IntormatlOn: Order & City Engineer's Report Budget Approval: n�Department acid Finance Director Legal Approval: CKY Solicitor Introduced for 1r Passage _ First Reading page _ of _ Referral 06-'266.1 Raelgea to couuelxar n•arrieo Ju y to, 2006 CITY OF BANGOR (TITLE.) Order, Authorizing Discontinuance of a Portion of Webster Avenue Between Perry Road and Interstate 395 By Me OIY Coun cf/ of Me Cfly ofganga .' ORDERED, THAT the attached report of the City Engineer relative to the discontinuance of the portion of Webster Avenue from the northerly side of Perry Road and the southerly side of Interstate 395 be and hereby is accepted; and BE IT FURTHER ORDERED that said portion of Webster Avenue Right -Of -Way described in the City Engineer's report be discontinued as a public way and removed from the Official City Map. Said discorrUnuance shall be subject to the following conditions; 1) In accordance with 23 M.R.S.A. 4 3826 a public easement shall be retained for public utilities to provide service. This includes the right to install and maintain a new sanitary sewer. 11 2) The City of Bangor shall retain an easement to establish and maintain a recreational trdll or pathway. CIP4 COOBCIL y 10, 2006 :fan Made and Seconded g 06-266 (imEJeves of Webster Avriaoance of Portfon of Minters Avenue Betvem vd and interstate 395 IFW- NONER C 06 266 CITY ENGINEER'S REPORT DISCONTINUANCE OF A PORTION OF W EBSTER AVENUE — BETWEEN PERRY ROAD AND INTERSTATE 395 July 5, 2006 City of Bangor To the City Council: Pursuant to Council Order 06254, passed on June 26, 2006, directing the Cry Engineer to discontinue a portion of Webster Avenue between the Perry Road and Interstate 395 and in accordance with 23 WILS.A. 43026, the Ory Engineer reports: That of his intention to discontinue said portion of Webster Avenue, the Cry Engineer gave written notice (copy attacred) together with a copy, of Council Order 06-254 to the following: Cole Transportation Museum City of Bangor C/O Galen Cole WO Frank Comeau 359 Parry Road 647 Main Street Bangor, ME 04901 Bangor, ME 09401 Cry of Bangor Verson Communications Planning Board Members - Attn: Bill Frandni 615 Oldin Road Bangor, ME 04401 Adelphia Communications Bangor Gas AM: Steve Bossey Aft: Jarry McKenny 999 Perry Road 21 Main Street Bangor, ME 04401 Bangor, ME 09901 Bangor Hydro Electric, Co. Bangor Water District AM: BruceSmith AM: Greg Read P.O. Box 932 P.O. Box 1129 Bangor, ME 09402 Bangor, ME 04402 Said notice was also posted on the public bulletin board at City Hall and on a utility pole in the vicinity of the proposed discontinuance. In accordance with the notlficabon given, the City Engineer conducted a public hearing on July 5, 2006 relative to the intention of the Municipal Oficem of the City of Bangor to discontinue a potion of Webster Avenue described as follows: A portion of Webster Avenue that was accepted as a 49.5 foot wide public way on October 2, 1923, said pardon extending northeasterly from the northerly right-of-way line of Perry Road to the southerly right-of-way line of Interstate 395. 06-.20C Two persons attended the public hearing — Mr. John T. Frawley, representing Galan Cole (owner of all abutting property) and Mr. Brian Gray, representing Bangor Hydro Electric Company. The City Engineer explained the discontinuance process and indicated that he would recommend that, in accordance with 23 M.R.S.A. § 3026, a public easement necessary to provide utility service be retained. He further indicated that such an easement also Include the right for the Ory to install and maintain a proposed sanitary sewer to serve one golf course. The City Engineer also stated that Ne CM of Bangor wished to retain an easement for a public trail or pathway. Mr. Gray indicated no opposition. Mr. Frawley expressed support of the discontinuance and proposed easements, as long as any disturbance a the surface associated with the proposed! tall and sewer line were properly repaired. The City Engineer Indicated that prompt and proper repair of diOurbed areas would be a requirement of such projects; or activities. The City Engineer concluded the public hearing and made the following determinations: 1) There is no longer any public Interest or nee! to retain this portion of Webster Avenue as a public street. 2) The discontinued portion of nghtrof-way shall revert to the adjacent property owners on each side to the centerline of the street or as otherwise provided by law. 3) In accordance with the provisions of 23 M.R.S.A. § 3026, abutting propeM owners are entitled to $0.00 in damages. 4) The discontinuance shall not extinguish any grading or other rights held by the Maine Department of Transportation associated with the construction or maintenance of Interstate 395. 5) In accordance with 23 M.R.S.A. §3026 a public easement shall be retained for public utilities N provide service. This includes the right to mstall and maintain a new sanitary sewer. 6) The City of Bangor shall retain an easement to establish and maintain a recreational trail or pathway. It is recommended that Bald portion of Webster Avenue be discontinued and vacated, with retention of a public easement as outlinetl above, and narrowed from the offdal city map. Respectfully Submitted, V D. •pub James D. Ring, P.E. Director — IDS, City Engineer JDR/as Attachments