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Home My WebLink About2005-05-23 05-165 ORDERItem Mops -165 Date: May 23, 2005 Rem/Subject Order, Final Action Authorizing Disontinuanceofa Portion of horn Street Responsible Department Engineering The ON recengy received a request from the property owner of 592 Hammon Street to discontinue a small triangular portion of the North Street right-of-way where it intersects with Hammond Street. This was requested m accommodate some site Improvements W four property. Council Order OS119 directed the Ory Engineer to take necessary action as prescribed by 23 M.R.SA. § 3026 and report his findings to the Council for Rnal Action. Approval of the attached Council Order will accept the City Engineers report (copy attached) and finalize the discontinuance. the report also recommence; that a public easement for maintenance of utilities be maintained. 69�Depar[me�d Managers Oommenti:.A ,rr (. /� Ara��/Iac Recommend approval. , 1nco4* dnprua !g � Jot w ra Of f•d017w. City Manager Associated Information: Order Finance Director 1L Passage _ First Reading Page _ of Referral 05-165 assigned CO Counenor alien May 23. 2005 4`Y , CITY OF -BANGOR (TITLE.) Order, Final Action Authorizing Discontinuance of a Portion of Nath Street By the City CWwl of the City of Bangor. ORDERED, That the attached report of the City Engineer relative to the discontinuance of a small triangular portion of North Street at Its intersection with Hammond Street be and hereby Is accepted; and BE IT FURTHER ORDERED, that said porton of North Street right-of-way described In the City Engineer's report be discontinued as a public way and removed from the official City map. In accordance with 23 M.R.S.A. § 3026, a public easement far the maintenance of utilities shall be retained. IM cin COOMCIL May 23, 2005 Passed ,4 # 05-165 �4(�M 0RDER C D�ODI Mn CLBY�f 3: og �Fival Ac[iw Authoxiafug Discontinuance orCLitree[ Naigned to Couneilur_a64 OM 05-165 B�2D7M454000 1 fax 2071945-4449 Maine Pm.ring@bgrme.org www.bgrme.org OFFICE OF INFRASTRUCTURE AND DEVELOPMENT SUPPORT James D. Ring, P.E., Director • Lode Enforcement lemsion . Engineering Division . Planning Division • Public Works Divisions . Wastewater Divisions CITY ENGINEER'S REPORT . WAenrenmlvision DISCONTINUANCE OF A PORTION OF MAY STREET RIGHT -OF -WAV May 23, 2005 City of Bangor To the City Council: Pursuant to Council Order 04-59 passed January 12, 2004 directing the City Engineer to discontinue the portion of May Street Right -Of -Way between Gallagher Place and Summer Street and in accordance with 23 M.R.S.A. §3026, the City Engineer reports: that of his intention to discontinue mid portion of May Street Right -Of -Way, the City Engineer gave written nordoe (copy attached) together with a copy of Council Order 04- 59 to the following: Hayward Properties Ms. Corenna O'Brien 64 Thomas HIII Road Bangor House Bangor, ME 04401 174 Main Street Bangor, ME 04401 Mr. Bill Frandni Mr. Doug Sanborn Venzon Communications Adelphla Communications 615 Odlin Road 444 Perry Road Bangor, ME 04401 Bangor, ME 04401 Mr. Jerry McKenny Mr. Greg Reed Bangor Gas Bangor Water District 21 Main Street P.O. Box 1129 Bangor, ME 04401 Bangor, ME 04402 Mr. Bruce Smith Bangor Hydro Electric Co. City of Bangor Planning Board P.O. Box 932 Bangor, ME 04402 73 Harlow Street a Bangor, Maine 04401 05-165 Said notice was also posted on the bulletin board at City Hall and on two utility poles at each end of the portion of May Street W be discontinued. In accordance with the notification given, the City Engineer conducted a Public Hearing on May 17, 2005 at the time and place indicated and proceeded to discontinue the following portion of the May Street Right -Or -Way: BEGINNING at the intersection of the southwesterly line of May Street with the northwesterly line of Summer Street at a point located 555009'12"E of and fifty-seven hundredths (0.57) feet from a square iron monument found, as shown on a Boundary and Topographic Survey of the Bangor Police Department, prepared for the City of Bangor, prepared by Shyka, Sheppard, & Garster, Land Surveyors, dated December 19, 2003, last revised April 11, 2005, project number 03-133; THENCE 1455009' 12-W, one hundred thirty-five and ninety-nine hundredths (135.99) feet to an iron rad set on said southwesterly line of May Street, said Iron rod is located 555009'12"E of and forty-five and ninety-two hundredths feet from an iron rod set at the easterly corner of land described in a deed to Gopher Hill Communications, dated September 4, 2001, recorded in the Penobscot County Registry of Deeds Book 7861, page 272; THENCE N34050'48"E, forty-nine and sibcty-seven hundredths (49.67) feet; THENCE N77052'16" E, eighteen and twelve hundredths (18.12)) feet to an iron had set on a non -tangent curve to the left having a radius of eighty-four and zero hundredths (84.00) feet and a chord bearing and distance of 561030'58"E, one hundred thirteen and twenty-six hundredths (113.26) feet; THENCE along the arc of said curve one hundred twenty-four and twenty-nine hundredths (124.29) feet to an Iron rod set; THENCE S19023'09"W, twenty-seven and nine hundredths (27.09) feet; THENCE 526042'59V, forty-nine and eighty-six hundredths (49.86) feet to THE POINT OF BEGINNING Containing 7,403 square feet, more or less. Meaning and intending to describe a portion of May Street and a portion of land described in a deed to the City of Bangor, dated March 2, 1866, recorded In Book 356, Page 4. No one appeared at the Public Hearing nor has the City Engineer received any correspondence or communication relative to the proposed discontinuance. The City Engineer concluded the Public Hearing and made the following determinations: 1. The portion of May Street described above Is no longer needed to serve the public interest as a public street. 2. The discontinued portion of Right -Of -Way shall revert to the City of Bangor in Its entirety. 3. In accordance with the provisions of 23 M.R.SA. § 3026, no damages shall be paid. It is recommended that sald portion. of May Street Right -Of -Way be discontinued and removed from the Official City Map, subject to the retention of a public easement for the maintenance of public utilities as de0ned in 23 M.R.S.A. § 3026. espectfully Submitted /,(f/nI J mes D. Ringg? i y Engineer JDR/cas Attachments 05-165 May Il, 2005 PUBLIC NOTICE PROPOSED DISCONTINUANCE OF A PORTION OF MAY STREET TO ALL INTERESTED PARTIES: The City of Bangor is considering discontinuance of the portion of May Street between Gallagher Place and Summer Street This action is being pursued in order to accommodate the corismetion-of the new Bangor Police Station adjacent to this portion Of May Street. The rest of the street will remain a public way. Notice Is hereby given that in pursuance of City Council Order No. 04-59 passed January 12, 2004 directing the Ory Engineer to discontinue a portion of May Street as outlined above and In accordance with 23 M.R.S.A §3026. The City Engineer will hold a public hearing on May 17, 2005 at 1:00 P.M. EDT In the Engineering Conference Room, City Hall, 73 Harlow Street, Bangor, Maine to consider discontinuance of said street and determine the damages or benefits, if any, sustained by any party as a result of this action, apportion same, d any, according to law, upon the lots or parcels of land damaged or benefited by such discontinuance. Notice is hereby given to all persons Interested In the premises to appear at the time and place of meeting, M they see just cause then and there be heard upon the subject. James D. Ring, P.E. City Engineer City of Bangor, Maine