HomeMy WebLinkAbout2005-08-08 05-262 ORDERItem No. -n m - mg
Date: 08-08-05
Item/Subject Order,Authorizing the Discontinuance of a portion of School Street.
Responsible Department: Legal
Commadary:
A portion of School Street is effectively part of the Broadway Shopping Center's parking lot. In
2000, the any discontinued the end of the street to facilitate an c pansion of the Center.
Recently, a title company discovered [hat the discontinuance created a this problem for the
Center's owner. Consequently, the City took the street back by eminent domain to dear title,
retained a utility easement, and is now ready to discontinue the portion of the street again.
The Transportation $ hdrastructure Committee recommended approval at its August 2, 2005,
meeting.
Department Head
Manager's Comments:
Recommend approval.
City Manager
Associated Information:
Budget Approval:
finance Director
Legal Approval:
Solicitor
IntrUdueed Por
1( Passage
_ First Reading page _ of
Referral
05-262
Aseignea to Cbwcllor Allen augnat e, zoos
CITY OF BANGOR
(TITLE.) ORDER, Authorizing the Discontinuance of a Porton of School Street
ay Ne aiyciall OfMe City ofEavym:
WHEREAS, the Bangor City Coal accepted a report from the City Engineer relative to
the discontinuance of a portion of School Street and ordered discontinuance of a portion of
School Street on February 14, 2000, by Council Order 00-102; and
WHEREAS, the discontinuance was filed at the Penobscot County Registry of Deeds in
Book 7347, Page 153, el5sq., and
WHEREAS, the discontinuance was requested by the owner of the Broadway Shopping
Center to accommodate an expansion of the facility; and
WHEREAS, the owner of the Broadway Shopping Center recently discovered that the
discontinuance has inadvertently created an issue relative to the title of Its property; and
WHEREAS, the Cty directed the City Engineer to reestablish the said portion of School
Street an lune 13, 2005, in Council Order 05-188, to resolve any title issues created by the
farmer discontinuance and because the reservation by the Oty of Bangor of a subsurface
easement for public utility use serves the public interest; and
WHEREAS, the City took the former right-of-way Panel by eminent domain and
reaccep[ed the street on July 25, 2005, in Council Order 05-249; and
WHEREAS, the City desires W discontinue said portion of School Street subject to the
reservation of a subsurface easement for public utility use; and
WHEREAS, the City's Planning Office and the only abutter to this right-of-way, the
Trustees of Campanella Investment Properties (the current owner of the Broadway Shopping
Center), have been given notice of the ONs intent to discontinue this portion of right-of-way in
accordance with 23 M.R.S.A. § 3026;
NOW THEREFORE BE IT ORDERED THAT:
1. The report of the City Engineer relative to the discontinuance of a portion of the easterly
end of School Street drafted for and referenced by CO W-102 is hereby affirmed and
accepted.
2. That a portion of School Street right-of-way, described below be discontinued as a public
way and removed from the official City Map:
05-262
Beginning at the intersection of the northerly line of School Street with
the easterly lirre of land described In a deed from Edith F. Woodman at
al., to Mary A. Lord recorded in the Penobscot County Registry of Deeds,
Volume 780, Page 4%; thence N 80°55' E, by and along the north line of
said School Street and the south line of lot #139 as shown on a plan of
"Hillside" dated Nov. 1908 and recorded in the Penobscot County Registry
of Deeds In Plan Book 9, Page 7, one hundred sixtyeight and two tenths
(168.2) feet W the northeast end of School Street as shown on a plan
recorded in the City Engineer's Office in Plan Bode 4, Page 57; thence
S 7035'W, by and along the erM of School Street, fifty-two and nine one
hundredths (52.09) feet to the southeast end of School Street; thence
S 80055'W, by and along the south line of School Street, one hundred
sixty-dght and two tenths (168.2) feet W the northeast comer of a parcel
of land described in a dead from Philip G. Kelly W Tell Realty Co., Inc.
dated July 21, 1967 and recorded in the Penobscot County Registry of
Deeds in Volume 2110, Page 6; thence northerly fifty-two and two tenths
(52.2) feet, more of less, W the point of beginning.
The above described parcel of land is oriented W magnetic north (1960);
3. In accordance with 23 M.R.S.A. § 3026, a subsurtace easement for the maintenance of
public utilities shall be retained.
4. The Trustees of Campanella Investment Properties, the arrest owner of the Broadway
Shopping Center, the only abutter W this right-of-way, will suffer no damages as the
result of this discontinuance.
p os -262
o EnEE
I',TLE.)�tboci¢£og C LDlscwtim� 6 of a
P [iw o t
Assigmtl to Councilor