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Home My WebLink About2000-02-28 00-124 ORDERCOUNCIL ACTION Date: 02-28-00 Imm NO.: 00-126 Item/Subjec¢ Authorizing the Discontinuance ofEmerson Street Responsible Deparmmc Engineering Commentary: The City mcived a request from the owner of all properties abutting Emerson Street m discontinue the street. The street is no longer neoemary, to serve the public need and basically functions as a driveway for the Holiday Inn and other properties owned by We Kenduskeag Yacht Club. Council Order 99-336 directed the City Engineer to take necessary action as prescribed by 23 M.R.S.A. § 3026 and report his findings to the Council for final anion. Approval of the attached council order will accept the City Engineer's report (copy attached thereto) and finalize the discontinuance. The report also recommends that a public easement for maintenance of utilities beyretained. . m tHead NImagets Comments: GNMamga Associe[edlnformation:pa�v,l / � I Budget Approval: D ew Legal Approval: CiN So(eaw InaFor p : Pass sage First Reeding Referred Page W-1243 Aeaimed to Counwlar Holman February 28, 2000 CITY OF BANGOR (TITLE.) Vt rUra Aalhprl2logtbe Pbusudnuaace ofEmeraon Streel _. By ✓a City Cmzett of City of8aapor: ORDEM n, TWT the attached report of the City Engineer relative to the diwontinuance of Emerson Street be and hereby is accepted; and BE U FURTHER ORDERED, that said Emerson Street right-of-way described in the Cry Engineer's report be discontinued as a public way and removed from the official City map. In accordance with 23 MRSA § 3026, a public easement for the maintenance of utilities shall be retained. IN CITY eOMML February 28, TWO pass" (24 80.124 0R➢ER Title, AutboriLiug the mscontiuuauce Of g.erson Street .......................�...'./.......... Amig�nn/dd to ^ .....gyp':..` fes. YM.Y^ 1............ VVV Cowcilman CITU OF MAINE 73 NAALVAW amaaT PHONE 0+4011 ENGINEERING DEPAfl1MEM TEL xw-M 4400 Anes D. Ring, P.E. FAX 207.e45.4449 City ErgTeedDirWor M Pubic Sw kes CITY ENGINEER'S REPORT DISCONTINUANCE EMERSON STREET February 22, 2000 CITY of RANCOR, To the City Control: - Pursuant to an order of he Council, Order 99-336, passed October 13, 1999 directing the City Engineer To discontinue School Street and h accordance with 23 M.R.SA. § 3026, the City Engineer reports: That of his intention to discontinue Emerson Street the City Engineer gave wrinen notice by nodus attached to copies of said order Posted for five days prior to the 22nd day of February, 2000 in two public places in the City of Bangm and in the vicinity of said street, to wit: One on bulletin board at City Hall One on utility pole opposite intersection of Emerson Street and Main Street. One on utility pole on easterly side of Emerson Street approximately 500' Each of Main Street and also gave notice by causing the same to be published in the Bangor Daily News. Newspaper printed in said city, for five days prim to Febmar 22, 2000 copy of said order and notices, so pasted and published, is hereb mined and made part of this report. And that the said City Engineer met at the time and place of meeting specified in the notices and proceeded to discontinue said Emereon Street right-of-way, described as follows: Commercial; at a point in he southeasterly line of Main Street, distant 219 feet 4 inches southwesterly by said line, from the point of intersection of the souhwesterly line of Buck Street with the souheasterly line of Main Street wining thence southeasterly, and parallel with said southwesterly line of Back Street, 545 feet an a stake and thence, by he same course, and across the location of the Main Central Railroad to he Penobscot River, ruwing thence, by the Penobscot River, southwesterly to a point distance 60 feet at right angles from the fust described line, if extended: wining thence at right angles northwesterly parallel with the that described line and 60 feet distant hurefrom at right angles, to a stake distant 531 feet souheasterly from the southeasterly line of Main Street and hence by the same worse 531 feet to a stake in said line of Main street, running hence northeasterly by said southeasterly line of Main Streel61 feet 3 $ inches to he point of commencement. Meeting and intending to describe the 60 foot wide right-of-way known as Emerson Street which was originally laid out and accepted by the Bangor City Council on November 25, 1969. Written notice of the public hearing per the discontinuance of Emerson Street was given to the City of Bangor Planning Board, utility companies, and all abating property owners, namely: Webber Oil Co.—Ray Cots KeMuskeag Yacht Club D/B/A Holiday Ian Bangor Gas Hunger Hydro Elect Co. Bangor Water District AdelphinTramier.Vision Bell Atlantic At the time and place set for the hearing Donald Cammack end Chuck Spencer representing the Bangor Water District indicated no opposition to the proposed discontinuance provided that a public casement is retained for maintenance of utilities. Daryl Gorey, Manager of the Holiday Inn on Main Street, also appeared and spoke in favor of discontinuing Emerson Street. It is recommended that Emerson Street described above be discontinued and removed from the official City map, subject to the retention of a public easement for the maintenance of public utilities as defined in 23 M.ASA. § 3026. It is fuller determined that, in accordance vmh 23 M.R.S.A. § 3026 abutting property owners are entitled to $0.00 in damages as a result of said discontinuance. espectfally Submitted, �1"[^/^'�'ry�1_/J sores D. Ringo - 1 ity Engineer MINE 044o CITV OF MAINE 73 ENGINEEPING DEPAPRdEW SAIN�p a5a<an Jemm D. flingq P.E. - FAxa%I M Englremmlrecta M Pu06c 5rrkes February 19, 2000 NOTICE PROPOSED DISCONTINUANCE OF EMERSON STREET Dear Interested Party I am writing to notify abutting property and business owners and utility companies that the City of Burger is consicksmg discontinuance of Emerson Street, a 60 - foot wide dead-end meet accepted in 1669, which extends southeasterly 670 feet from MainStreet. This action is being contemplated at the request of Ray Cote who represents the interest of Webber Oil and the Holiday Ina properties on lower Main Shed, listed as owned by l:enduskeag Yacht Club. I will be holding a public hearing relative to this matter in Ne third floor Council Chambers at City Hall, 93 Harlow Street on Tuesday February 22, 2000 at 10:00 A.M. E.S.T. Enclosed is a copy of a recent Comad Order duetting the City Engineer to begin the necessary actions to accomplish the proposed discontinuance and a copy of the furmal public Notice. The public hearing is the first step in the disconfinumce process. At the herring, l will outline the proposal in further detail and explain the additional steps in the process discontinuing a public way. I would encourage you to attend the public hearing if at all possible, as it provides an oppornmay f you to offer comment and And relative to the proposed action. your input will be considered in developing my recommendation to the City Council for final action on this matter. In Ne meantime, please feel free to contact me in 945-4400, end. 200 if you have any questions. Sincerely, /^p/�� lames D. Ain.) City Engineer aarv}�of rMAINE suawow= ram Y EN9MEERING DEPARTAEM94a,W00 Jame D. Rl^B. P.E.L -%4a4N9 City EnynaerNiwuq Rgly SerAez February 2, 2000 PUBLIC NOTICE PROPOSED DISCONTINUANCE OF EMERSON STREET Notice is hereby given Nat in pursuance of City Council Order No. 99-336 passed October 13, 1999 directing the City Engineer to discontinue Emerson Street. Emerson Street is a 60 -foot wide dead-end street accepted in 1869, which extends southeasterly 670 feet from Main Strcet. It runs between the two Holiday inn structures, Emerson Street is no longer considered necessary to serve the public needs, the City Engineer will hold a public bearing on February 8, 2000 m 10:00 A.M. EST in the Odrd floor orratermce room, City Hall, 73 Harlow Street, Budget, Mame to consider discontinuance of said street and determine the damages or benefits any person will secount by reason thereof and apportion such damages or benefits, if my, 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 Ne premises to appear at the above mentioned time and place of meting, if they see cause then and there to be heard upon the subject. James D. Ring, P.E. City Eugincer City of Bmgor, Maine can nom,^ r n anaimo ti+'mi"oA nxi�i"sem" Assip,ed to CounaOr uohman October 13, 1999 CITY OF BANGOR (TITLE) VY/TDEL Authorm�gtheDi;cggt gmnceyflFinaaoRSfysyt _...... _. ___.__. By tha city cwndi of Bu city of Bangor: ORDERED. THAT WHEREAS, Bronson Street was accepted as a public way on November 25,1869 and; M EREAS, owners of properties adjacent to Emerson Street have requested its discontinuance, end; WHEREAS, Emerson Street is no longer considered necessary to serve the public needs; NOW, THEREFORE BE IT ORDERED, that the City Engineer be and is hereby authorized and directed to begin the process of discontinuing Brunson Street in accordance with the provisions of 23 MASA. § 3026 and submit a written report to the City courwil for f fler action 6W � �S Spa N h Sp S.ioo 300 T R E E T ]P+6. 0 ^ 7 00 l 0 5 T R E E T 70 5:306 i E E T i -r R — yy,�,, p 35/ 1�1 Qf a � 2�