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HomeMy WebLinkAbout2003-08-11 03-270 ORDERItem No. 03-270 Date: August It, 2003 Item/Subject Order, Discontinuance of a portions of Hellion Street and parker Street Extension Responsible Department: Engineering Commentary: On July 19, 2003, Council Order 03290 was passed directing the City Engineer to begin the process of discontinuing porlons of public some In accordance with by 23 M.R.S.A. to accommodate the proposed Shaw's Supermarket project on Main Street. The developer also proposes to relocate and construct potions of Hellier Street and a small section of Parker Street E tenslon, together with all necessary utilipes. The Council also passed C.O. 03-239 on the same date, which authorizes entering into an agreement with the developer In accomplish the relocation and infrastructure (at developer's a nse). The attached order is the final step in the street discontinuance process, as required by state staWtes V � Y Department Head Manag sCommems: City Manager Associated Information: Order, Report with Attachments, Notice, C.O. 03-290 Budget Approval: Mnan a Director Introduced for I/ Passage _ First Reading Page _ of Referral 03-270 V a�aiscea m ce®ci�r •crwtey nye, ir. 2003 CITY OF BANGOR (TITLE.) Order, Discontinuance of Portions of Hellier Street and Parker Street Extension By the O fy Cburxll of the City o!& gor.- ORDERED, THAT WHEREAS, the attached report and recommendations of the City Engineer relative to the discontinuance of the portions of Hillier Street and Parker Street be and hereby Is accepted; and BE rr FURTHER ORDERED, that said portions M Heiler Street and Parker Street Extension dghbof-way described in. the City Engineers report be discontinued as public ways and removed from the official City Map. IH CITY COO m �r Augect 11. 2003 Motion Mede and Seconded 03-270 for Passage Paasea ORDER *k;"'Title, niscontinmnce of Portims of Helper Street and Parker street Ertensinn Assigned to Councilor (�/�'ZY 03-2]0 CITY ENGINEER'S REPORT DISCONTINUANCE OF A PORTIONS OF NEWER STREET AND PARKER STREET EXTENSION RIGHT-OF-WAY August 5, 2003 CIN of Bangor To the Ory Council: Pursuant to Council Order 03-240, passed July 14, 2003, directing the Clty Engineer to disroironue a porton a the Helier Street right-of-way and in accordance with 23 M.R.S.A. §3026, the Oty Engineer reports: That of his intention to discontinue portions of pudic street right-af-way, the City Engineer gave written notice (copy atbached) together with a copy a Council Order 03-240 to the following: Shaw's Supermarket Steve Hathaway Boulos Development Corp. U.S.P.S. c/0 Steve Sargent 16 Penobscot Meadow Drive Appledore Engineering Inc. Hampden, Maine 04444 15 Rye Street, Suite 305 Portsmouth, NH 03801 Mr. Bill Fmncini Mr. Doug Sanborn warmn Communications Adelphia Communications 615 Odlin Road 444 Perry Road Banga, Maine 04401 Bangor, Maine 04901 Mr. Jerry McKenny Mr. Bob Peasley Bangor Gas Bangor Hydro 21 Main Street - _ -PO Box 932 — Bangor, Maine 09901 Bangor, Maine 09902 Mr. Greg Reed Mike Fagan Bangor Water District AT&T PO Box 1129 35 Hillside Avenue Bangor, Maine 09902 Bangor, Maine 04901 Said notice was also posted on the public bulletin board at City Hall and on two utility poles on Hellier Street in the vicinity of the proposed discontinuance. The proposed discontinuance is necessary to aaommodate the proposed expansion of Shaw's Supermarket on Main Street. The developer of the project (BP Realty and Shaw's) has 03-210 requested this action and has acquired all property abutting the proposed discontinuance. In conjunction with this project, the developer has agreed to relocate the street, construct all necessary infrastructure to do so, and convey new public street right-of-way to the City for the relocation. The street relocation is shown as "Area B" on "Exhibit A' attached. Council Order 03-239, passed July 14, 2003, authorized entering into an agreemeht with Me developer for the street relocation. Further review of the request indicates Mat a small portion of Parker Street right-of-way also needs to be discontinued. The entire area of public street right-of-way to be discontinued is shown as "6gga A" shown on "Exhibit A" attached hereto. The discontinuance Is a portion of Hellier Street and Parker Street recorded in City Plan Book 2, page 87 on file in the City Engineers office dated November 8, 1881. In accordance with the rrotiFlcabon given, the City Engineer conducted a public hearing on August 5, 2003 at the there and place indicated and Proceeded to discontinue the portions of Hellier Streat and Parker Street Extension identified as " rg Illy of "€xhjbs[' attached hereto and further described above. No one appeared to speak relative to the discontinuance. The City Engineer concluded the public hearing and made the "lowing determinabore: 1) With the proposed street relocation (Area B) the portions of public right- of-way are rw longer needed to serve the Public interest. 2) The discontinued portions of right-of-way shall revert W Me abutter In accordance with the agreement authorized by Council Order 03-239, passed July 14, 2003. 3) No public easement for public utilities shall be maintained, except as provided in We agreement authorized by Council Order 03-239, passed July 14, 2003. It is recommended that the portions of Hellion Street and Parker Street dghtrof-way described herein be discontinued and vacated, and removed from the official city map. Respectfully Submitted, 9� TD James D. Ring, P.E. City Engineer JDP/jmo Attachments :/15 ' s r� II � im �(s�xort 03)E XP1 1Y a �xm vn mune ate[ m�'A�'�pp// II � im �(s�xort 03)E XP1 03-2]0 August 1, 2003 PUBLIC NOTICE PROPOSED DISCONTINUANCE OF A PORTION OF HELLIER STREET TO ALL INTERESTED PARTIES: The City of Bangor is considering discontinuance of the portion of Hellier Street between Patten Street and Parker $treat. This action is being pursued in order to accommodate the expansion of the existing Shaw's Supermarket adjacent to this portion of Hellier Street. The expansion project will include construction of a new section of Hellier Street and new public utilities northwesterly and generally parallel to the portion to be discontinued. Upon completion, the new street will be accepted as a public way. Notice is hereby given that in pursuance of City Council Order No. 03-240 passed July 14, 2003 directing the City Engineer to discontinue a portion of Hellier Street as outlined above and in accordance with 23 M.R.S.A. §3026. The City Engineer will hold a public hearing on August 5, 2003 a 10:00 a.m. EDT in the Engineering Conference Room, Ory Hall, 73 Harlow Street' Bangor, Maine to consider discontinuance of said street and determine the damages or benefits, if any, sustained by any party as a result of this action, apportion same, if any, according to law, upon the lots or parcels of land damaged or benefited by such discontinuance. Notice is hereby given to all persons Intere4ed In the premises to appear at the time and place of meeting,'rf they see just cause Nen and there to be heats upon the subject. James D. Ring, P.E. City Engineer City of Bangor, Maine (TITLE.) Order, Authorizing Discontinuance of a Portion of Hellier Street By the Ofy COondl of o5e Oty ofeang� ORDERED, i .THAT WHEREAS, Hellier Street is adjacent to an existing Shaw's Supermarket, _ WHEREAS, Shaw's Supermarket desires t0 expand, WHEREAS, Shaw's Supermarket creeds the land on which Hellier Street is located In order to expand, WHEREAS, BP Really, Inc. owns the several properties accross Hellier Street from the Shaw's lot, and WHEREAS, Shaw's Supermarket, Inc., BP Realty, Inc., and the City have agreed in principle t0 enter into Agreement whereby BP Realty and Shaw's will construct a new nght-of-way and relocate all utilities from the current Hellier Sbeet to the several lots owned by BP, Inc NOW THEREFORE BE IT ORDERED, that the City Engineer be and Is hereby authorized and directed th. begin the process of discontinuing that portion of Hellier Street designated as Area A In Exhibit A attached hereto in accordance with the provisions of 23 M.R.S.A §3026 and submit a written report to the Qty Council for further action. (03-240) 03-270 - Assigned to Councilor Crowley July 14, W03 CITY OF BANGOR (TITLE.) Order, Authorizing Discontinuance of a Portion of Hellier Street By the Ofy COondl of o5e Oty ofeang� ORDERED, i .THAT WHEREAS, Hellier Street is adjacent to an existing Shaw's Supermarket, _ WHEREAS, Shaw's Supermarket desires t0 expand, WHEREAS, Shaw's Supermarket creeds the land on which Hellier Street is located In order to expand, WHEREAS, BP Really, Inc. owns the several properties accross Hellier Street from the Shaw's lot, and WHEREAS, Shaw's Supermarket, Inc., BP Realty, Inc., and the City have agreed in principle t0 enter into Agreement whereby BP Realty and Shaw's will construct a new nght-of-way and relocate all utilities from the current Hellier Sbeet to the several lots owned by BP, Inc NOW THEREFORE BE IT ORDERED, that the City Engineer be and Is hereby authorized and directed th. begin the process of discontinuing that portion of Hellier Street designated as Area A In Exhibit A attached hereto in accordance with the provisions of 23 M.R.S.A §3026 and submit a written report to the Qty Council for further action.