HomeMy WebLinkAbout2005-05-23 05-166 ORDERRem No 05-166
Date: May 23, 2005
Item/Subject Order, Final Action Authorizing Discontinuance of a Portion of May Street
Responsible Department: Engineering
Discontinuance of the portion of May Street between Gallagher Place and Summer Street is necessary to
construct the new Bangor Police Station and associated site Improvements.
.Council Order 0459 directed the City Engineer to take necessary acdon.as.presc ibed-b{23 MASA §3026.. _
and report his findings to the Council for Final Action. Approval of the attached Council Order will accept the
City Engine/s report (Copy attached) and finalize the discontinuance. The report also recommends that a
public easement for maintenance of utilities be retained
Delament
Recommend approval. AA is C? �
City Manager
Associated Information: Order
Mnance Director
Introduced for
X Passage
_ First Reading page _ of
Referral
j� Assigned to Co it r crate ck Mar 23. 7005
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4 CITY OF BANGOR
(TITLE.) Order, Final Action Authorizing Discanfinuance of a Portion of May
Street
By the 07y Coural of me City ofea rgnr
the attached report of the City Engineer relative to the discontinuance of a the
portion of May Street between Gallagher Place and Summer Street is accepted; and
BE IT FURTHER ORDERED that said portion of May Street right-oFway described in
the Cny Engineees report be discontinued as a public way and removed from the
City Map. In accordance With 23 M.R.S.A. § 3026, a public easement for the
maintenance of utilities shall be repined.
May 23. 2005
Passed y 05-166
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D18coetinuance of a Portion of May Street
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City or /�
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Maine jim.ring@bgrme.org
www.bgrme.erg OFFICE OF INFRASTRUCTURE AND DEVELOPMENT SUPPORT
James D. Ring, P.E., Director
• cone EnlorpTBM Division
.
Engineering Division
• Planning Division
• Pubne Works Divisions
. wastewater Divisions
CITY ENGINEER'S REPORT • waemmnt Division
DISCONTINUANCE OF A PORTION OF NORTH STREET RIGHT-OF-WAY
May 23, 2005
City of Bangor
To the City Council:
Pursuant to Council Order 05-119 passed March 28, 2005 directing the City Engineer to
discontinue a small triangular portion of North Street Right -Of -Way at the intersection
with Hammond Street and in accordance with 23 M.R.S.A. §3026, the City Engineer
reports: that of his intention to discontinue said portlon of North Street Right -Of -Way,
the City Engineer gave written notice (copy attached) together with a copy of Council
Order 05-119 W the following:
Mr. John Kamm City of Bangor Planning Board
88 Allen St.
Bangor, ME 04401
Mr. Bill FI-ancinl Mr. Doug Sanborn
Verizon Communications Adelphia Communications
615 Odlin Road 944 Perry Road
Bangor, ME 09901 Bangor, ME 09401
Mr. Jerry McKenny Mr. Grey Reed
Bangor Gas Bangor Water District
21 Main Street P.O. Box 1129
Bangor, ME 04401 Bangor, ME 04402
Mr. Bruce Smith
Bangor Hydre Electric Co.
P.O. Box 932
Bangor, ME 04402
73 Harlow Street a Bangor. Maine 04401
e5-166
Said notice was also posted on the bulletin board at City Hall and on two utility poles at
each end of the portion of North 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 potion of the North Street Right -Of -Way:
BEGINNING at a paint located at the intersection of the southeasterly line of
North Street and the southerly line of Hammond Street;
THENCE S47050'10W thirty-eight and four tenths (38.4) fed to a point at the
Intersection of the southeasterly line of North Street and the northeasterly line
of East Street;
THENCE in a northerly direction twenty-eight and two tenths (28.2) fed to the
southerly line of Hammond Street;
THENCE S84048'20"E along the southerly line of Hammond Street twenty-five
and eight tenths (25.8) fed to the point of beginning.
Encompassing approximately 364 square feet.
Meaning and intending W describe a small triangular portion of portion of North Street
which was accepted as a public street on July 10, 1900 and shown in Plan Book 2, Page
373 on file in the CM Engineers office.
John Karam, who owns a business located at 592 Hammond Street appeared at the
Public Hearing and spoke in favor of the discontinuance. The City Engineer has received
no other correspondence or communication relative to the proposed discontinuance.
The City Engineer concluded the Public Hearing and made the following determinations:
1. The potion of North Street described above I5 no longer needed to serve.
the public interest as a public street.
2. The discontinued portion of Right -Of -Way shall revert to the abutting
property in its entirety.
3. In accordance with the provisions of 23 M.R.S.A. § 3026, no damages
shall be paid.
05-166
I[ is recommended that said portion of North 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.
Respectfully Su"bDmit/tf1,e�/dG�/µ/1
aures D. Ring,
Enineer
JDR/cas
Attachments
May 11, 2005
PUBLIC NOTICE
PROPOSED DISCONTINUANCE OF A PORTION OF NORTH STREET
TO ALL INTERESTED PARTIES:
The City of Bangor is considering discontinuance of a small triangular portion of North
Street right-of-way at the Hammond Street intersection. This action is being pursued in
order to accommodate a request received from the owner of the adjacent business
loceted at 592 Hammond Street The proposed discontinuance involves a portion of
street right-of-way that has not been utilized for public purposes.
Notice is hereby given that In pursuance of City Council Order No. 05-119 passed March
28, 2005 directing the City Engineer to discontinue a portion of North 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 2:00 p.m. EDT in the Engineering Conference Room, City
Hall, 73 Hallow Street, Bangor, Maine to consider discontinuance of said street and
determine the damages or benefits, 9 any, sustained by any party as a result of this
ac0on, apportion same, if any, acmrding m 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, If they see just cause then and there to be heard upon the
subject.
James D. Ring, P.E.
City Engineer
City of Bangor, Maine
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