HomeMy WebLinkAbout1993-09-13 93-431 ORDERCOUNCIL ACTION
Item No. 93-431
Date Seotembei 13, 1993
Item/Subject: Accepting Longview Drive, Frost Drive and Springer
Drive as Public Ways and Streets
Responsible Department: Engineering
Cosmientary:
State law gives the City the right to accept ways laid out in
approved subdivision plana. This right must be exercised within 20
years of the recording of said plane. This dedication for public
use is an incipient dedication on the part of the property owner
that precludes the payment of any damages by the City. This is a
statutory process that negates the need for public hearing and a
report by the City Engineer. Recent development in the Hogan Road/
Stillwater Avenue area including Wal-Mart, HQ and the future Olive
Garden Restaurant, as well as pending subdivision applications on
both aides of Stillwater Avenue to the north of approved
subdivisions require the utilization of public improvements,
including public water and sewer, that were built as part of
previously approvedsubdivisions. All improvements, including
streets, sewers and water lines, have been installed in accordance
with City requirements and standards. Acceptance of those ways as
public streets will add to the economic development potential of
this area of the City.
Department Head
City manager
:
sociated Information: . ;(
Budget Approval:
Finance Director
Legal Approval: fn fk comm✓n S akov, ,
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93-431
Aeeipiedb Councilor Sbubert, September 13. 1993
CITY OF BANGOR
mnu Mrbtr, ......... .Accepting ..Longview prive....Frost priveand ........
Springer Drive as Public Ways and Streate
BY Uw City CoumeB of Me MY of Beeper.
ORDERED.
THAT
WHEREAS, pursuant to 23 M.R.S.A. S 3025 property may be dedicated
for highway purposes only upon certain conditions, among which are
that the "property owner . has filed in the registry of deeds an
approved subdivision plot plan which describes property to be
appropriated for public use' and that title to any such property
accepted by a municipality shall be fee simple; and
WHEREAS, pursuant to 23 M.R.S.A. S 3031(1) 'the public acquires
rights of incipient dedication to public use of the ways laid out
n the plan- from "the date of recording of a subdivision plan in
the registry of deeds" and that such public rights expire it the
municipality does not accept said ways within 20 years from the
date of recording of the subdivision plan; and
WHEREAS, the Subdivision Plan for the Webber Interstate Park, dated
August 1, 1991, is recorded at the Penobscot County Registry of
Deeds at File Number DII-92 and the Subdivision Plan for the Bangor
Mall Business Park, dated April 11 1992, is recorded at the
Penobscot County Registry of Deeds at File Number. -D95-92; and
WHEREAS, there exists on the above -referenced plans certain ways to
be used by the public to access properties in those subdivisions;
and
WHEREAS, the public utilities and ways on the above -referenced
plans have been inspected by the City Engineer and have been found
to meet the City's standards and requirements for such public
improvements,
NOW, THEREFORE, By the City Council of the City of Bangor, be it
ORDERED,
TWT pursuant to 23 M.R.S.A. SS 3025 and 3031(1) the ways depicted
on the subdivision plane for Webber Interstate Park recorded at
File Number D11-92, Penobscot County Registry of Deeds, and Bangor
93-431
Mall Business Park recorded at File Number D95-92, Penobscot County
Registry of Daudet are hereby accepted as public ways and streets
by the City of Bangor.
and be it further
ORDERED,
THAT the names of the accepted ways shall be as follows:
1. The way depicted as Longmeadow Drive in the Bangor Mall
Business Park Subdivision Plan extending from the
boundary of the Webber Interstate Park Subdivision Plan
to Stillwater Avenue shall be known as Longview Drive.
2. The way depicted as Springer Drive Extension in the -
Bangor Mall Business Park Subdivision Plan extending
from the end of the existing public way known as Springer
Drive to Longmeadow (now Longview) Drive described above
shall be known as Springer Drive.
3. The way depicted unnamed, encircling Lot 4 and extending
from an unnamed way to Lot 2 in the Webber Interstate
Park Subdivision Plan shall be known as Frost Drive.
4. The way depicted unnamed and extending from Hogan Road
to the boundary of the Webber Interstate Park Subdivision
Plan shall be known as Longview Drive.
The result of this Order will be the acceptance and naming of the
following public ways and streets,
1. Longview Drive extending from Hogan Road to
Stillwater Avenue
2. Springer Drive extending from the existing
Springer Drive to Longview Drive
3. Frost Drive extending from Longview Drive to
the Wal-Mart property line (Lot 2 as depleted
on the Webber Interstate Park Subdivision Plan)
93-631
ORDER
IN CITY COUNCIL Title,
September 13, 1993
y / e AcS Pkin6 . h n ........
�. ;kk€ Pz1 .4. Fz0. Arire and
Springer Drive as Public 'Ways and Streets
CS LERK .... C.. ...............
Asr:gnWa'
W.S.
Councilman
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