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