CITY OF WARWICK
ORDINANCE NO. O-16-30
APPROVED SCOTT AVEDISIAN
December 19, 2016 MAYOR
ORDER ON THE ABANDONMENT OF A PORTION OF SOULE STREET
TMC CF NEW ENGLAND, LLC, PETITIONER
In the matter of the abandonment of a portion of Soule Street described on Exhibit A attached hereto, it appearing that due notice by advertisement and as described below, has been made in accordance with the provisions of Chapter 6 of Title 24, General Laws 1956 and all amendments and additions thereto, and after giving opportunity to the owners of land abutting upon the hereinafter described portion of Soule Street to speak for or against such abandonment and as to the damage, if any, they shall sustain thereby, and after due consideration thereof, it is hereby
1. That the portion of Soule Street described on Exhibit A attached hereto be abandoned for the reason that said premises have ceased to be useful to the public as a highway or driftway.
2. That it is the judgment of the City Council of Warwick that no owner of land abutting on that portion of Soule Street has suffered any damage because of such abandonment, and for this reason the City Council awards no compensation to said abutting owners.
3. That signs shall be placed at each end of that portion of Soule Street having thereon the words “NOT A PUBLIC HIGHWAY”.
4. That notice of this order shall be advertised in a newspaper of general circulation, printed in English, and further that personal notice of same shall be served upon every owner of land abutting upon that portion of Soule Street as herein described who is known to reside in this State.
5. That the City Clerk be and she is hereby authorized and directed to cause notice to be given in accordance with the provisions hereof, and the Highway Department is hereby authorized and directed to erect and place signs referred to herein.
6. The City of Warwick hereby reserves for itself, its successors and assigns, a perpetual easement over and under the abandoned portion of Soule Street for the purpose of constructing, installing, repairing and replacing of utilities, sewers, drains and for any other purposes.
7. Petitioner shall prepare an Administrative Subdivision meeting the standards as set forth in the “Development Review Regulations Governing Subdivisions Land Development Projects Development Plan shall be completed by the Applicant and recorded, merging the abandoned portion of Soule Street and Assessor’s Plat 273, Assessor’s Lots 379, 382, 383, 409 and 410, as part of the of Planning Board Final Approval. This plan shall include a Record Plat name and Record Lot. Any proposed improvements shall require all applicable local or state permits.
8. Pursuant to R.I.G.L. 24-6-1 and Sec. 1-13 of the Code of Ordinances, an appraisal of the fair market value of the abandoned roadway was conducted and based upon that appraisal the Petitioner shall pay $45,000.00 to the City of Warwick.
Entered as an Order of the City Council this 21st day of November, 2016.
COMMITTEE: LAND USE
Judy Wild, City Clerk
12/22, 12/29/16, 1/5/17