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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