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
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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