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HomeMy WebLinkAbout2003-08-11 03-269 ORDERItem No. oa-zea Date: August 11, 2003 Item/Subject Order, Acceptance of the Extension of Bellevue Avenue as a Pudic Street Responsible Department Engineering The dead end portion of Bellevue Avenue located northerly of Garland Street has existed for many years and been maintained by the City, but apparently never been accepted as a city street. Recently we received a request from Dr. Vance Alcupis (75 Bellevue Avenue) that the street be formally accepted. This request was brought before the IDS Committee which recommends the street be accepted as a public way. Attached is a memo from the Qty Engineer that provides additional background information. The attached order would accept the reportand recommendations of the City Engineer and establish the extension of Bellevue Avenue as a public street. Department Head Man es Comments: Cry Manager Associated Information: Order, Report, Notice 7 Rnance Director Ir duced for Passage _ First Reading Page _ of Referral 03-269 Msign" to Co ntllor Farrington August 11, 2003 CITY OF BANGOR (TITLE.) Order, Acceptance of the Extension of Bellevue Avenue as a Public Street By the City Counr/ of the Ci y of Bangor: ORDERED, THAT WHEREAS, the attached report and recommendations of the City Engineer relative ro acceptance of the extension of Bellevue Avenue be and hereby is accepted, arid; BE IT FURTHER ORDERED, that the extension of Bellevue Avenue, consisting of a 60 foot wide fight -of -way extending northerly 539.91 feet from Garland Street and more fully described in the attached report of the City Engineer, be and hereby Is accepted as a public sheet named Bellevue Avenue and added to the Official City Map. IN CM Caawcn August 11. 2003 A'03 269 Motion Node and Seconded for Passage Passed ORDER _ Title, Acceptance of toe sxteoaloa. of, '. Bellevue Avenue as a Public Street Assigned to Councilor &� lk7 kA 03-269 REPORT OF THE CITY ENGINEER RELATIVE TO ACCEPTANCE OF THE EXTENSION OF BELLEVUE AVENUE August 5, 2003 City of Bangor To the City Council: In accordance with a request from Dr. Vance A. Amps, who owns property and resides at 75 Bellevue Avenue, the City Engineer has extensively researched City records relative to the status of the dead end pardon of Bellevue Avenue edending northerly from Garland Street and determined the following: 1) This portion of Bellevue Avenue has edsted for many years but has never been formally accepted as a public street. 2) The City of Bangor has been maintaining this portion of Bellevue Avenue since its existence in the same manner as other public streets. 3) Dred descriptions of all abutting properties refer to a 60 foot wide street night - of way ightof-way known as Bellevue Avenue Extension. 4) In 1984 residents on the street petitioned the City to formally accept the extension of Bellevue Avenue. A determination was made that the street was not constructed to applicable city standards. 5) The City Engineering Department designed and prepared a plan numbered H- 125, dated May 21, 1984 for roadway reconstruction plus sewer and storm drain improvements. This plan is on file In the City Engineer's office. 6) All the improvements shown on plan H-125 were constructed and the abutting property owner's were assessed! the cast of these improvements. However, there is no record that the extension of Bellevue Avenue was subsequently accepted as a public street Dr. Aloupis has requested that the Oty formally accept the extension of Bellevue Avenue as a public street. Gven the history outlined above, It is appropriate that the City formally accept the street as a public way. 03-269 In accordance with the provisions of 23 M.R.S.A., the City Engineer sent written notification W all abutting property ovmers of the Citys intent to accept the street. The Miming is the notifiadon list Ellen J. Nichols Israel S. kreger 378 Garland Street % Bellevue Avenue Bangor, Maine 09901 Bangor, Maine 04901 Rachel D. Schiro Dr. Vance Aloupis 78 Bellevue Avenue 792 State Street Bangor, Maine 09901 Bangor, Maine 09401 Stephen IS Brenda Cook Russell K. Harrington, Jr. 67 Bellevue Avenue - 33 Grove Street Bangor, Maine 04901 Bangor, Maine 04401 Anthony Reynolds Verizon Communications Chris Reynolds Adelphia Communications Vance A oupis Jr. Bangor Gas 792 State Street Bangor Hydro Bangor, Maine 09401 Bangor Water District AT&T A copy of the notification is attached. In accordance with the nodfadon, the City Engineer held a public meeting on August 5, 2003 to explain the acceptance process and provide opportunity for abutters to comment on the proposed acceptance. The fallowing attended, representing Dr. Aloupto Vance Alcupis, Jr. Anthony Reynolds (both manage Aloupis properties) Chris Reynolds Each spoke in support of the proposed street acceptance. They also conveyed a request from Dr. Aloupis to exterW the public street right-of-way an additional 50 feet beyond what is shown on plan H-125, in order to provide improved access to additional property owned by Dr. Aloupis. No other comments have been received horn other interested parties. The City Engineer concludes that the extension of Mime Avenue should be formally accepted as a public street and makes the following recommendations: O}269 1) Accept a 60 foot wide street right-of-way as a direct extension of the currently accepted portion of Bellevue Avenue which runs from State Street to Galland Street. 2) The new street right-of-way shall be as shown on the City of Bangor's Engineering Department plan H-125, dated May 21, 1984, on fie in the City Engineer's Office plus an additional 50 fact of length extending in a northerly direction into to Aloupis property. The right-of-way to be accepted as a public street is more fully described as follows: Beginning at an Iron rod located on the northerly line of Garland Street and intersecting with a direct extension of the westerly sideline of Bellevue Avenue as shown on page 82 of the City of Banger Plan Book 2 on file In the City Engineer's office, said iron roof also being the southeasterly comer of land now or formerly owned by Ellen J. Nichols desuibecl in Penobscot Registry of Deeds, Volume 4485, page 202; Thence following a direct extension of said Bellevue Avenue westerly sideline a distance of 545.98 feet to a point; thence deforng 90 degrees to the right and running 60.00 feet easterly to a point; thence deflecting 90 degrees to the right and running in a southerly direction parallel be first described bound and 60 feet easterly there of a distance of 533.83 feet to the northerly line of Garland Street; thence westerly along the northerly line of Garland Street 61.27 feet to the point of beginning. 3) No assessments for benefits should be assessetl or payment for damages made W any abutter. 4) No additional construction or infrastructure Improvements are to be made at this time. 5) Because existing addresses have been established for a long time, the street right-of-way to be formally accepted should be named Bellevue Avenue and added to the official city map. Respectfully Submitted, � 7 V James D. Ring, P.E. City Engineer JDR/jmo Attachments QB -269 August 1, 2003 NOTICE PROPOSED ACCEPTANCE OF THE DEAD END PORTION OF BELLEVUE AVENUE AS A PUBLIC WAY Dear Residents: As you may or may not be aware, the dead end portion of Bellevue Avenue has never been formally accepted as a public way although it has existed and been maintained by the City for many densities. I am not certain why this is the case, but old records on file in this office suggest that it was not originally constructed to City standards. In 1989, the Oty apparently, received a request to improve the street, sewer, and storm drainage system to Oty standards so that it could be accepted as an official city street The Engineering Department prepared a plan for these improvements and construction was done. The cost of these improvements were shared by the abutting property owners. However, I can find no record of formal street acceptance after the improvements were compared. I have recently received a request by Dr. Vance Aloupls to have this portion of Bellevue Avenue formally accepted by the City of Bangor as a public way. As noted above, the City has been maintaining the street like a public my for years and I can see no reason to not formalize the status of this street I would also point out that technically, the City is not obligated to maintain unaccepted streets. Accordingly, I am in the process of preparing a Council Order to formally accept this section of Bellevue Avenue as a public way. The acceptance order All likely be on the Agenda for the August 11, 2003 meeting of the City Council. I have also scheduled a public informational meeting on this matter for 3:00 p.m. next Tuesday, August 5, 2003. The meeting will be held in the Engineering Conference Room located on the second floor at City Hall - 73 Harlow Street. I would encourage you to attend the meeting if possible. If the time is not convenient, please feel free to contact me directly at 995-9920, extension 201 If you have any questions. SiSSincerely, James D. lung, P.E. City Engineer CC: Utility Companies