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HomeMy WebLinkAbout2003-10-15 03-329 ORDERlterlr Na 03-329 Date: October 15, 2003 Item/Subject Order, DiscentnusnCe of a Portion of Unnanned Paper Street — Northwesterly from Third Street Responsible Department: Engineering Commentary: Between Third Street and Filth Street, there Is an unnamed paper street that edsls. The City retains certain interests in such right-of-ways unless they are discontinued. The City has recelved a request been an adjacent property owner M discontinue the pom0n of paper street M their property in order to facilitate sale of the property and a drimrewey access issue. C4und Order 03-308 directed the City Engineer take necessary action as prescribed by 23 M.R.S.A 43026 and report his findings M Me Council for final achan. Approval of the attached Council Order will accept the City Engineer's report (cepy attached) and finalize the discontinuance. A private easement Is M be conveyed for maintenance of a water service. Department Head Managers Comments: /ifW 4 S / City Manager Associated Information: Order, Report i Nnance Director Legal Approval: City Solicitor Introduced for v�Passage _ First Reading Pape _ of _ Refarral 03-329 Basig ed to Councilor Farrington October 15. 2003 CITY OF BANGOR (TITLE.) Order, Discontinuance of a Portion of Unnamed Paper Street — Northwesterly from Third Street By the oty atffx# Ofble CityofBango .. ORDERM,, THAT the attached report of the City Engineer relative to the discontinuance of a portion of an unnamed paper street running from Third Street to Fifth Street recorded October 6, 1925 in the Penobscot Registry of Deeds Plan Book Volume 12, Page 40 be and hereby is accepted; and BE IT FURTHER ORDERED, that Bald portion of said unnamed paper street dght-of- way more fully described In the City Engineees report be discontinued as a public way and street, said discontinuance subject to a separate conveyance of an easement to Joseph and Shirley Higgins for maintenance of a water service. IP -CISY COOGCIL OCCober 13. 2003 noxloa nage aaa seeaaaea For Passage Passed TT #o3-329 (TITLE) niaconxdnaance of'F$ eorofon of Otivame aper r - or e r y fi ffird gxreeit Assigned to Comrcilori MA✓fke�. 03-329 CITY ENGINEER'S REPORT DISCONTINUANCE OF A PORTION OF UNNAMED PAPER STREET - NORTHWESTERLY FROM THIRD STREET City of BangOr To the City Council: Pursuant W Council Order 03-308, passed September 22, 2003, direct ng the dry Engineer to discontinue a portion of an unnamed paper street running fmm Third Street to Fifth Street recorded October 6, 1925 in the Penobscot Registry of Deads Plan Book Volume 12, Page 40, and in accordance with 23 M.R.S.A. 43026, the Cly Engineer reports: That of his intention to discontinue a portion of said paper street right-of-way, the City Engineer gave written notice (copy, attached) together with a copy of Council Order 03-308 to the following: Mr. &II Francini Mr. Doug Sanbom Vemmn Communications Adelphia Communications 615 Odlin Road 444 Perry Read Bangor, Maine 04401 Bangor, Maine 04401 Mr. Jerry McKenny Mr. Bob Peasley Bangor Gas Bangor Hydro 21 Main Street PO Box 932 Bangor, Maine 04401 Bangor, Maine 04402 Mr. Greg Reed Mr. Mike Fagan Bangor Water Dutnct AT&T PO Box 1129 35 Hillside Avenue Bangor, Maine 04402 Bangor, Maine 04401 Mr. & Mrs. Brad Boylan Mr. & Mrs. Joseph Higgins 189 Third Street 187 Third Street Bangor, Maine 04401 Bangor, Maine 04401 Mr. Michael Rolnick City of Bangor 193 Third Street Planning Board Members Bangor, Maine 04901 STATE OF MAINE PENOBSCOT, as November _IZ_, 2003 Then Personally appeared the above-named Edward A. Barrett, City Manager of the City of Bangor, and acknowledged the foregoing instrument to be his free act and deed in his said capenty, and Ne free act and deed of said body corporate. Before me, NotarybPu licfAuamey-a TERM L. COREY " Nm*� MAUCMRINE EIYCOMMNmdaUMRMOM MNERa2PM0 03-329 Said notice was also posted on the public bulletin boand et City Hall and on a utility pole in the vicinity of the proposed discontinuance. In accordance wti the notification given, the City Engineer conducted a public hearing on October 6, 2003 at the time and place given relative to the proposed discontinuance of a portion of the paper street right-of-way recorded October 6, 1925 in Penobscot Registry of Deeds Plan Book Volume 12, Page 40, said portion more fully described as follows: Beginning at a point on the northwesterly right-of-way line of Third Street, said point being the intersection of the northeasterly sideline of the unnamed paper street right-of-way recorded October 6, 1925 and as shown in Penobscot Registry of Deeds Plan Book Volume 12, Page 40; thence northwesterly along said paper street sideline a distance of 90.00 feet to a point; thence deflecting ninety degrees to the left and running to the southwesterly sideline of said unnamed paper street right-of-way; Hence southeasterly following said right-of- way's southwesterly sideline to the northwesterly right-of-way line of Thin] Street; thence northeasterly along the northwesterly line of Thin] Street to the point of beginning. Prior the public hearing, notices previously malled W two abutting property owners (Boylan - 189 Third Street and Rolnick - 193 Third Street) were returned undeliverable. The City Engineer's office subsequently was able to contact parties W inform Mem of the public hearing. Mrs. Kathy Boylan and Mr. Michael Rolnick Indicated that they would not be able W attend the hearing. Mrs. Boylan stated that she was in favor of the proposed! discontinuance. Both parties were also informed that the public hearing would be held as scheduled. But that the City Engineer would accept comments and offered to meet separately with the parties through Wednesday, October 8, 2003. There were no subsequent comments from the meetings with either parry. The only persons attending the public hearing were Joseph and Shirley Higgins, owners of 187 Third Street, which is located to the rear of the Boylan property (189 Third Street) and adjacent to the unnamed paper street right-of-way. The Higgins property does not abut the portion of right-of-way being considered for discontinuance, however. The Higgins'stated no objection to the proposed discontinuance, provided 1) that an easement is reserved for an existing water service line M their home and 2) there is no impact to their use of an existing driveway to access their property. The proposed discontinuance has been requested by Brad and Kathy Boylan, who own property at 189 Will Street. The Boytan's are attempting to sell their property but have encountered difficulty in doing so because their driveway Is located within the unnamed paper street right-of- way. The proposed discontinuance would resolve that problem in that upon discontinuance of the right-of-way each side of centerline reverts to the abutting propertles. In this particular Instance, half of the right-of-way would revert W Me Boylan's and the other half to Michael Rolnick (193 Thin] Street). The discontinuance request was first brought to the Infrastructure and Development Support Committee of the City Council for discussion and consideration of further action on September 9, 2003. At that time, R became apparent that over the past few years there have been Issues between neighbors regarding use of property and property rights. At that meeting, Mr. Rolnick Indicated that he would be supportive of the proposed discontinuance if the City imposed conditions that the Boylan's pay certain expenses unrelated to the discontinuance or the Ctys consideration thereof. Minutes of the September 9, 2003 IDS Committee have previously been provided to the City Council. The requests made by Mr. Rolnick at that time relate only to Issues between property owners. A municipality's consideration of whether to retain or discontinue a public street or right-of-way is limited to whether or not there is a public interest or need for the street. Based on careful review and consideration of the pertinent aspects of the discontinuance request, the City Engineer has made the following determinations: 1) The unnamed paper street has never been constructed or used as a public way. 2) The porton of the unnamed paper street is no longer needed to serve the public Interesq therefore, the Cry should release any interests It has in said potion through formal discontinuance. 3) An casement for maintenance of a private water line serving the Higgins' property at No. 187 Third Street shall be reserved prior to final discontinuance anion. 4) The discontinued portion of rignt-cf-way shall revert to the abutting property owners as provided by law. 5) In accordance with the proesbns of 23 M.R.S.A. §3026, abutting property owners are emitted to $0.00 in damages. It is recommended that said portion of unnamed paper street be discontinued and vacated, subject to a separate conveyance of an easement to Joseph and Shiley Higgins for maintenance of a water service. Respectfully Submitted, James D. Ring, P.E. Director - IDS, City Engineer JDR/jmo Attachments 03-329 O3-329 September 30, 2703 PUBLIC NOTICE PROPOSED DISCONTINUANCE OF A PORTION OF UNNAMED PAPER STREET TO ALL IMERESTED PARTIES: The City of Bangor is considering discontinuance of a portion of an unnamed paper street running from Third Street M Fifth Street and recorded October 6, 1925 in the Penobscot Peglstry of Deeds Plan Book Volume 12, Page 90. This action is being pursued In response to a request from an abutting property owner. Notice Is hereby given Mat In pursuance of City Council Order No. 03-308 passed September 22, 2W3 directing the City Engineer to discontinue the portion of an unnamed paper street located! between Third Street and FM Street as outlined above and in accordance with 23 M.R.S.A. 43026. The City Engineer will hold a public hearing on October 6, 2003 at 9:00 a.m. EDT in the Engineering Conference Room, Cty Hall, 73 Hadow 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 MIs anion, 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 place of meeting, N they see just cause then and Mere to be heard upon the subject. James D. Ring, P.E. City Engineer City a Bangor, Maine 03 29 MONICB'AL RELEASE DEED The City of Bangor, a municipal corporation orimmud and existing under and by virtw of the laws of the State of Maine (handamta Connor), fox consideration paid and in consideration of the Gramee's undertakings and covenant as hereinafter set forth, grants to Brad R. Boylan and Kathy Boylan, husband and wife, both of Bangor, Penobscot County, Maine, as joint tenants, not as tenants in common, the Tend in Bangor, Penobacm County, Moine, mom particularly described as Antares:. Beginning at an iron pin on the northwest side of Third Street at the southerly comer of a parcel of land described m a deed from Timothy F. Rice to Brad R. Boylan dated Janaary 20,1998 and recorded in the Penobscot County Registry of Deeds iv Volume 6584, Page 30; thence northwesterly, by and along said Boylan's southwest line, rudely (90) feet to a point; thence at right angles southwesterly twenty (20) feet to the centerline of a proposed sunt shown on a plan recorded in the Penobscot County Registry of Deeds dated October 6,1925 and recorded in Volume 12, Page 40; thence southeasterly, by and along said centerline, eigbty-tine and eighty-six one hundredth; (89.86) fat to themordwsest side of said Third St.; theme northeasterly, by and along said Third Street, twenty (20) feet to the point of beginning. t This conveyance is subject m an eesemeni from the Grower to Joseph sed Shirley Higgins recorded in the Penobscot County Registry of Deeds - M WITNESS WHEREOF, the said City of Bangor has caused this instrument to be sealed with its corporate seal, and signed in its corporate name by Edward A. Barrett, its City Manager, thereunto duly authorized, this IQ{A_ dayofNovember,2003. Signed, Sealed and Delivered CITY OF BANGOR in the Presence of Vimess Edveard.BQe CityManager