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HomeMy WebLinkAbout2003-10-15 03-316 ORDERIMM No. 03-316 Date: October 25, 2003 Item/Subject Order, Discontinuance of a Portion of French Street - Southerly From Broadway Responsible Department: Engineering Commentary: The City has received a request from St. Joseph Hospital W dlsconbnue, as a public way, the dead end pomon of French Street between Broadway and the main hospital complex. Over the years they have been acquiring properties adjacent to the hospital to provide for additional packing. Council Omer 03-309 directed the City Engineer to take necessary action as preurihed by 23 M.R.S.A. §3026 and report his findings W the Council for final action. Approval of the attached Council Order will accept the City Engineer's report (copy attached) and finalize the discontinuance. A public easement, as defined in 23 M.R.S.A. §3026 will be retained for the tnhhee ma�inttenance of mimes. U Department Head Manager's Comments: City Manager Associated Information: Omer, Report T Finance Director •aYe, WMrv�a. City Solidtor Introduced for ✓ passage _ First Reading page _ cf Referral 03-316 Assigned to Cdweilox ltee6le October 15, 2003 CITY OF BANGOR (rlTLE.) Order, Discontinuance Of a Portion of FMmch Street — Southerly Frerri Broadway By the Oh'cbur i/ of the city offlargor: ORDERED, THAT the attached report of the City Engineer relative to the discontinuance of the portion of French Street extending southerly from Broadway to the northerly side of the $t Joseph Hospital complex be and hereby is accepted; and BE Ii FURTHER ORDERED, that mid portion of French Street nghtrof-way described in the Qty Engineer's report be discontinued as a public way and removed from the official Qty Map. In accordance with 23 M.R.S.A. 43026 a public easement for the maintenance of utilities shall be retained. IP CITY Comm October 15, 2M Passed lY CL&9H # 0};16 (TITLE,) uiacmriaaat r aae of a .rriw of Preveh tree[ - ouy a'w ro eay l I A AOYpned to C0un0110r^^ I '' 03-316 CITY ENGINEER'S REPORT DISCONTINUANCE OF A PORTION OF FRENCH STREET— SOUTHERLY FROM BROADWAY City of Bangor To are City Council: Pursuant to Council Order 03-309, passed September 22, 2003, direcdng the City Engineer to discondnue a portion of French Rreet extending southerly from Broadway and in accordance with 23 M.R.SA. 43026, the City Engineer reports: That of his Intention to discontinue a portion of French Rreet, the City Engineer gave written notice (copy attached) together with a way of Coundl Order 03-309 to the following: Mr. Bill Francini Mr. Doug Sanbom Verizon Communications Adelphia Communications 615 Orlin Road 444 Ferry Road Bangor, Maine 04901 Bangor, Maine 04901 Mr. Jerry MMenney - Mr. Bob Peasley Bangor Gas Bangor Hydro 21 Main Street PO Box 932 Bangor, Maine 04401 Bangor, Maine 09402 Mr. Greg Reed Mr. Mike Fagan Bangor Water District AT&T PO Box 1129 35 Hillside Avenue Bangor, Maine 09402 Bangor, Maine 04901 Mr. Stephen Sawyer, MBA MedlMaine Real Estate R. Joseph Healthcare 402 PO Box 403 Broadway, Maine 04901 Bangor, Maine 09402 City of Bangor Planning Board Members 03-316 Said notice was also pasted on the public bulletin board at City Hall and on a util'M pule in the vicinity of the proposed discontinuance. In accordance with the notification given, the City Engineer conducted a public hearing on October 6, 2003 relative to the intention of the Municipal Officers of the City of Bangor to discontinue a portion of French Street described as follows: A portion of French Street that was accepted as a 50 foot wide public way on September 4, 1865, extending southerly from the southwesterly sideline of Broadway to the northerly terminus of Mat section of Rench Street previously discontinued by Council finder 8845 passed on December 14, 1987. Prior M the public hearing, Me City Engineer's office was contacted by Gregory Reed, District Engineer, who expressed an interest in maintaining an easement for maintenance of existing Whites in the portion of French Street being considered for discontinuance. The only person who appeared at the public hearing was Mr. Gary Gerow, representing St. ]oseph Hospital. Mr. Gerosv spoke in favor of Me discentinuance and indicated that St. Joseph Hospital has acquired all the property abutting the portion of French Street, with the exception of a vacant lot located between the intersection of the easterly line of Rench Street and the southwesterly link of Broadway, owned by MetllMalne Real Estate (Oty Tax Map C.S. 38, Lot 154). Mr. Gel indicated Mat St. ]oseph's is also pursuing acquaiffon of Interest In the MedlMaine parcel. The City Engineer concluded the public hearing and made the following determinations: 1) There is no longer any public interest or need to retain this portion of French Street as a public street. 2) The discontinued portion of rightof-way shall revert to the adjacent property owners as provided by law, meaning Mat half of the nght-uf- way (from the street centerline) reverts to those properties on each side of the street. 3) The MediMaine parcel (C.S. 38, Lot 154) has street frontage on Broadway; therefore, access to the lot from French Street is not necessary. Discontinuance of French Street will significantly enlarge this lot. 4) In accordance with the provisions of 23 M.R.S.A. §3026, abutting property owners are entitled to $0.00 in damages. 5) A public easement, as defined in 23 M.R.SA. §3026 shall be retained for the maintenance of utilities. It is recommended drat said portion of French Street be discontinued and vacated, with retention of a public casement as outlined above, and removetl from the official city map. n� Respectfully 7 lames D. Ring, P.E. Director - IDS, Gty Engineer 31)"mo Attachments O3-316 O3-316 September 30, 2003 PUBLIC NOTICE PROPOSED DISCONTINUANCE OF A PORTION OF FRENCH STREET TO ALL INTERESTED PARTIES: The City of Banger is cansidering discontinuance of the portion of French Street extending southerly firm Broadway. This action is being pursued in response to a request from St. Joseph Hospital. Notice is hereby given that in pursuance of City Council Order No. 03-309 passed September 22, 2003 directing the City Engineer to discontinue the portion of French Street wending southerly from Broadway to Oce St. Joseph Hospital complex as in accordance with 23 M.R.S.A. 43026. The City Engineer will hold a public hearing on 016, 2003 at 11:00 a.m. EDT in the Engineering Conference Room, Cty Hall, 73 Harlow Street, Bangor, Maine to consider discontinuance of said street and determine Me 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 interested in the premises to appear at the time and dace of meeting, If they see just cause then and Mere to be heard upon Me subject. James D. Ring, P.E. Cry Engineer City of Bangor, Maine