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HomeMy WebLinkAbout2000-09-13 00-345 ORDERCOUNCIL ACTION Date: S.Imgar 13. 2000 Item No.: 00.365 Item/Subject Authorizing the Birmntinuanceof Portious of Bennett Street and Hibbeth Street Responsible Department Engineering Commentary: The City received a request from the owner of all properties abutting portions of Bennett Street and Hildreth Street to disseminate. The portions of these streets are no longer necessary to serve the public. Council Order 00-165 directed the City Engineer to taken ssary action as prescribed by 23 M.RS.A. § 3026 and report his findings to the Council for Beal action. Approval of the attached council order will accept the City Engincer's report (copy attached thereto) and finalize the discontinuance. The report also recommends that no public easement for maintenance of utilities be retained. Managers Comments: _ a'.p "„„ _u.drw-'u /IM 4D caytd saga, Associated Information: Budget Approved: Fi Legal Approval: sdarc Introduced For: (%d* Passage First Reading Refund Page of oo-345 . v'.(-./� Aasianedso CoancJw Robmav September 13, 2000 CITY OF BANGOR (=E.)Order, AothoAeing the Discontinuance of Portions of Beoeett Slreel a ed HDdreth Street By the Cay Cbuntll of the Ery of&VVW.. ORDEREDr THAT the attached report of the City Engineermlative to the discontinuance of said portions ofBewett Sheet and Hildreth Shod be and hereby is accepted; and BE R FURTHER ORDERED, THAT said portions of Bennett Street and Hildreth Street rights. of -way be discontinued as a public way, and removed from the official City map. In accordance with 23 M.R.S.A. § 3026, no public easement shell be retained IS CIW C009CIL I - September 13, 2000 00-3A5 Passed r ORDER fn 3 Title, sutmrfzfng the niscoocfnoance of forties of Semett Street and n1drete street Assigned to Written notice of the public hearing for the diswvtinuavice of said portions of Bennett Street and Hildreth Street was given to the City of Bangor Planning Board, utility companies, and all abutting property owners, rmmely. Galt Block Warehouse Company 242 Miller Street Brayer, Maine 0,101 Maine Distributors 5 Coffey Street Brogan Maine 04401 At the time and place set for the hearing no one appeared to speak on the proposed Nscontinu aces and no responses or communications have been received relative to flus matter. On September 5, the City of Bangor Planning Board voted unanimously in favor of rhe proposed discontinaences. Further review indicates that Nese portions of Bennett Street and Hildreth Street were not formally accepted as public ways, but the City of Bangor preserved public interest in Nese "Paper Streets" by passage of Council Order 97-404 on Sept. 22, 1997, a copy of which is recorded in PRD Vol. 6500, P. 256. There is no longer any need to retain public interest in these portions of Bermed Street and Hildreth Street. It is recovnnerWed that all public interest in said portions of Berman Street and Hildreth Street described above be discontinued and at references be removed from the official City map, no public easement shall be retained. It is further determined that, in accordance with 23 M.R.S.A. § 3026 abutting property owners are entitled In $0.00 in damages as a result of said discontinuance. Respectfully Submitteed---���///ii�Nhh�{{{ aures D. Aing,P.E. City Engineer 00.365 CITY ► / m0AINE 73 HAALOW MEET 44' ENGINEMING DEPARTMENT TEL 207.945.WO Jorge D. Ping� P.E. FM eco e cm E4neer/Dlealw M Pudk semces August 16,2000 NOTICE PROPOSED DISCONTINUANCE OF PORTIONS OF BENNETT STREETAND DIEDRETH STREET Dear Interested Party I am writing to notify abutting property and business owners and utility companies that the City of Bangor is considering discontinuance of unused prnlions of Bennett Street and Hildroth Street righrof-way, which are no longer considered necessary to serve the public needs. This action is being contemplated at the request of Schofield, Inc. I will be holding a public hearing relative to this matter in the third floor conference room at City Hall, 73 Harlow Street on Tuesday, August 22, 2000 a 10:00 A.M. E.D.T. Enclosed is a copy of a recent Council Order directing the City Engineer on begin the necessary actions to accomplish the proposed discontinuance and a copy of the formal public notice. The public hearing is the first step in the discontinuance once process. At the hearing, I will Lattice the proposal in butter detail and explain the additional steps in the process for discontinuing a public way. I would encourage you to ahead the public hearing if at all possible, as it provides an opportunity for you to offer comment and input relative to the proposed action. Your input will be considered in developing my recommendation to the City Council for final action on this macer. In the meami please feel free in contact me a 945-0400, ext 200 if you have any questions. Sincerely, Lames D.Rm RE City Engineer W-365 CIjyy y MAINE EXAMGOR NAME YY ENGINEERING DEPARTMENT TELW-4asaaw James D. Ring. RE, FAX amams 4449 City Engireer'Di tar M Park Services PUBLIC NOTICE PROPOSED DISCONTINUANCE OF PORTIONS OF BENNETT STREET AND HILDRETH STREET Notice is hereby given that in pursuance of City Council Order No. 00-165 passed April 24, 2000 directing the City Engineer to discontinue portions of Bennet Sheet and Hildretb Street. the City Engineer will hold apublic meeting Tuesday, August 22, 2000 at 10:00 A.M. E.D.T. in the third Fluor conference room, City Hall, 73 Harlow Street, Bangor, Mame to consider discontinuance of portions of said streets and determine the damages or benefits any person will sustain by reason thereof and apportion such damages or benefits, if any, according to law, upon the lots or parcels of land damaged or benefited by such discontinuance. Notice is hereby given to at persons interested in the premises to appear at the above mentioned time and place of meting, if they am cause then and there to be heard upon the subject. James D. Ring, P.E. CityEngineer City of Bangor, Maine WTiCeS Pos�trl> AT •. UET T. Co. PoLE'kl POAE co¢raE.R of DENr.>✓r NrwaEMA Alper T. to. Page *Y AT JI I OLc Ji' % l�Z AT coRNo(2 Or CF=PC=Y A% DRETA ' 430 p' - bSo O 7D 3 Aa ' 00-365 i Seo J COFFEY T 0o S i p/OOS.S r m C S e Z M 766 Ac - 0 c h o i6 O 7.9 A' / ne.z6 669.9 QENNETT STREET r 2FS��rro '90o zr w ..��OI t� 4N a o s A i5 _o.+�i7 8 1 M i�. 1.7 As O�LU pal .PrTYI - s90 to _ ra ° MA°± N b r% z7 As Si IS�Inouau� M 1660 A ia3 - N f C f N r R q /Soo 8.6 AE- wx i N -CITV OF �tiIL MAINE aNAaww aTaEET SANG0 MAINE Wbt ENGINEERING DEPARTMENT TEL,207 we-,n0 Jana D. RinP.E. FAX 2m-i 49 City Enginantiredor of Public Service CITY ENOINEER'S REPORT DISCONTINUANCE PORTIONS OF - BENNETT STREET AND HB,DRETH STREET September 6, 2000 CITYofBANGOR, To be City Consul: Pmeuant to an order of the Council, Order 00-165, passed April 24, 20M directing the City Engineer to discominue portions of Bermett Street and Hildreb Street and in accordance with 23 M.R.S.A. § 3026, the City Engines reports: That of his intention to discontinue portions of Bennett Street and Hildteth Street the City Engineer gave written notice by notices attached to copies of said order posted for five days prior to the 2T4 day of August, 2000 in two public places in the City of Bangor and in the vicinity of said street, to wit: One on bulletin board at City Hall. One on utility pole Nl near comer of Berme t and Hildreth Street. One on utility pole p9 at toms ofBermett and Hildreth Street. One on utility pole NT % at comer of Coffey and Hildrath 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 prior to 22nd day of August, 2000 copy of said order and notices, so posted and published, is hereto annexed and made part of this report. And that the said City Engines met at the time and place of meeting specified in the notices and proceeded to disconttnue said Wisdom of Bennett Street and Hlldreb Street riglu-obway, described as follows: Burnett Street — The Satre unbuilt section of Bennett Street extending westerly from the westerly sideline of Hidreb Street, consisting of an 80 foot wide right- of-way shown on a plan titled "Lot Plan —Bangor Real Estate Development Co." resumed June 11, 1951 in Penobscot Registry of Deeds Plan Book Vol. 16, Page 35. Hildretb Steel —The portion of the unbuilt section of Hildreth Street beginning 90 feet somberly of the southerly sideline of Bennett Street and extending southerly to the Maine Central Railroad rigMof-wey, consisting of an 90 foot wide right-of-way shown on a plan filled "Lot Plan — Banger real Estate Development Co." recorded in Penobscot Registry of Duds Plan Book Vol. 16, page 35.