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Home My WebLink About2003-02-10 03-78 ORDERItem No. 03-78 Data: February 10, 2003 hero/Subject Order, Discontinuance of a Portion of Hi Street Responsible Department: Engineering The City received a request from lean Delghan and Glen Porter to discontinue a portion of Hadow Street right-of-way established for Mum widening in 1859 but never used. The requested discontinuance would fadlitate redevelopment and restoration of a historic property they are acquiring at 459 Harlow Street. Council Order 03-40 drected the City Engineer to take necessary action as prescribed by 23 MASA §3026 and report his findings to the Coundl for final aetlon. Approval of the attached Council Order will accept the City Engineer's report (copy attached) and finalize the discontinuance. No public easement will be retained for maintenance of utilities. Deparbnent Head deniger'6 CoUlan Ik 4Y /U /(' / t City Manager Associated Inforroar ion: Finance Director 104 Introduced for passage _ First Reading Page _ of _ Referral 03-Ja P o,mn o'n UsIved w councilor ?s r Pebeoery 10, 2003 F CITY OF BANGOR r (TITLE) Order, oisaMinuence of a Portion of Harlow Street By the C Ry CwW of Meary orawww... ORDERED, THAT WHEREAS, the alladied report of the Oty Engineer relative to the discontinuance of the porton of Harlow Street that was widened in 1859 be and hereby is accepted; and BE Ir FURTHER ORDERED, that said portion of Harlow Street right-of-way described in the City Engineers report be discontinued as a public way and removed from the official city map. In accordance with 23 M.R.S.A. §3026, no public easement for the maintenance of utilities shall be maintained. �� DDUNCTr February l0. 2003 Notiw Made aad Secwded for Passage Yawed C CL 0 RDBR (TITLE,) macoafmaaaae at a Portiere of Rarlw, street Assigned to Councilor 1w / r wV Bir al! MWne www.bgrme.org 03-78 307,945-4400 fax 20T/945-4449 tim.ringiPlagrme.org OFFICE OF INFRASTRUCTURE AND DEVELOPMENT SUPPORT James D. Ring, P.E., Director • Code Enforcement Division • Engineering Division • Planning Division . Public words Divisions . wastewater Divisions . waterfront Divmion CITY ENGINEER'S REPORT DISCONTINUANCE OF A PORTION OF HARLOW STREET RIGHT-OF-WAY February 5, 2003 City of Bangor To the City Council: Pursuant to Council Order 0340, passed December 23, 2002, directing the City Engineer 0 discontinue a portion of the Harlow Street right-of-way and In accordance with 23 M.R.S.A. §3026, the City Engineer reports: That of his intention to discontinue a portion of Harlow Street right-of-way, the City Engineer gave written notice (copy attached) together with a copy of Counal Order 0340 W the following: Ms. lean Deighan Mr. Bob Collins Mr. Glenn Porter Cabral Company 50 Penobscot Street PO Box 2,400 Bangor, Maine 09401 Bangor, Maine 04902 RHT, LLC City of Bangor Planning Board 400 Harlow Street Bangor, Maine 04901 Mr. Bill Francini Mr. Doug Sanborn Verizon Communications Adelphla Communications 615 Odlin Road 444 Perry Road Bangor, Maine 04401 Bangor, Maine 04901 Mr. Jerry McKenny Mr. Bob Peasley Bangor Gas Bangor Hydro 21 Main Street PO Box 932 Bangor, Maine 09401 Bangor, Malne 04402 Mr. Greg Reed Bangor Water District PO Bux 1129 Bangor, Maine 09402 73 Harlow Street . Bangor, Maine 04401 0378 Said notice was also posted an the publk bulletin board at City Hall and on two utility poles on Farm Street in the vicinity of the proposed discontinuance. Sald notice was also publlshed in the Bangor Daily News on February 1, 2003. In accordance with the notifiation given, the City Engineer conducted a public hearing on February 4, 2003 at the time and place indicated and proceeded to discontinue the following portion of the Hadow Street fight -of -way: That potion of Hadow Street right-of-way established September 5, 1859 as a widening on the northeasterly side of the street as shown on page 361 of City Plan Book 1 on file in the City Engineers office at Bangor City Hall. Prior to the public hearing, the City Engineer was contacted by Carol Epstein (nearby property owner) who indicated support for Me discontinuance, and Peter Ubhart (representing Bangor Hydro Electric Company) who indicated no objection. At the public hearing, lean Deighan appeared and spoke in favor of the discontinuance. No others appeared to speak relative to this matter. The City Engineer concluded the public hearing and made the following determinations: 1) The 1859 widening of Hadow Street was never used and is no longer needed to serve the public interest; therefore, it shall be discontinued. 2) The discontinued portion of right-of-way shall revert to the adjacent property (459 Hadow Street) in its entirety. 3) In accordance with the provisions of 23 M.R.S.A. §3026, abutting property owners are entitled to $0.00 in damages. It Is recommended that said portion of Hadow Street right-of-way be discontinued and vacated, with no retention of a public easement, and removed from the official city map. Respectfully Submitted, - lames D. Rin , .E City Engineer 3DR/jmo Attachments yof Bye or sine ww�.bgrme.org 0Y73 207I9454400 fax 207N45i449 lim.ring@bgrme.org OFFICE OF INFRASTRUCTURE AND DEVELOPMENT SUPPORT James D. Ring, P.E., Director • Code Enforcement Division • Engineering Division • Planning Division • Public Warks Divisions . waSta tuber Divisions . Wa si Division PUBLIC NOTICE PROPOSED DISCONTINUANCE OF A PORTION OF HARLOW STREET RIGHT-OF-WAY Notice is hereby given that in pursuance of City Council Order No. 03-04 passed December 23, 2002 directing the City Engineer to discontinue the portion of Harlow Street that was widened on the northeast side from Kenduskeag Avenue to Kenduskeag Stream in I8S9, the City Engineer will hold a Public Meeting Tuesday, February 4, 2003 at 10:00 A.M. EST in the City Engineer's Office, City Hall, 73 Harlow Street, Bangor, Maine to consider discontinuance of said portion of Harlow Street and determine the damages or benefits any person will sustain by reasons thereof and apportion such damages or benefits, according to law, upon the lots or pamels of land damaged or benefited by such discontinuance. Notice Is hereby given tD all persons interested in the premises to appear at the above mentioned time and place of meeting, if they see cause then and there to be heard upon the subject. James D. Ring, P.E. Director, Infrastructure & Development Support Committee City of Bangor, Maine 73 Harlow Street a Bangor, Maine 04001 Ban or 19�10ahine www.bgrme.org January 29, 2003 03-78 2VA145.4400 fax 201 lim.ringebgrme.org OFFICE OF INFRASTRUCTURE AND DEVELOPMENT SUPPORT James D. Ring, P.E., Director . Code Enforcement Division • Engineering Division . Planning Division . Public Wi Divisions . wanewalar Divisions . Waterral marginal 10181 PROPOSED DISCONTINUANCE OF A PORTION OF HARLOW STREET Dear Interested Party: I am writing W notify abutting property and business owners and utility companies that the City of Bangor is considering discontinuance of an unused portion of the Harlow Street right-of-way which was widened on the northeasterly side from Kenduskeag Avenue to Kenduskeag Stream in 1859 and is no longer considered necessary to serve the public needs. In fad, this portion of right-of-way has never been used for any public purpose. This action is being contemplated at the request of Jean Deighan and Glenn Portes; who are acquiring property located at 459 Harlow Street. I will be holding a public hearing relative to this matter in the Engineering Offices at City Hall, 23 Harlow Street on Tuesday, February 4, 2003 at 10:00 A.M. EST. Enclosed is a copy of a recent Council Order directing the City Engineer co begin fine necessary nations To accomplish the proposed discontinuance and a copy of the formal public notice. The public hearing is the first step in the discontinuance process. At fine hearing, I will outline fine proposal In further detall and explain the additional steps in the process for discontinuing a public way. I would encourage you to attend the public hearing if at all possible, as it provides an opportunity for you to Dater comment and input relative to the proposed action. Your input will be considered In developing my recommendation to the City Council for final action on this matter. In the meantime, please feel free W contact me at 945-4400, ext. 200 if you have any questions. Sincerely, lames D. Rin . Director of IF & Development Support 73 Harlow Street a Bangor, Maine 04401 03-78 y Assigned Co Co®calor FarringtonOeCemhe�f/fi(f1(f 2002 CITY OF BANGOR V (TITLE.) Order, Authorizing Discontinuance of a Portion of Harlow Street WHEREAS, the section of Hadow Street from Kenduskeag Avenue to Kenduskeag Steam was laid out and accepted as a public way in 1855; and WHEREAS, the right-of-way of this section of Hado v Street was subsequently widened on the northeasterly side in 1859; and WHEREAS, the widened portion of fight -of -way has never been ublized for any public improvements or utilities; and WHEREAS, this right-of-way widening is no longer considered necessary to serve the publics needs, NOW THEREFORE BE IT ORDERED that the City Engineer be and is hereby authorized and directed to begin the process of discontinuing that portion of Harlow Street consisting of the above -referenced 1859 widening In accordance with the provisions of 23 M.R.S.A. 43826 and submit a written report to the Oty Ooundl for further action.