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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, , or IFG �iclroar �c lr�SSfMey Rn(a. City solicit*VU Introduced For NBW BUSINESS g r{woj roof Iv)( X Passage fdni'%,%✓ �•ps� Ctivn r7� First Readinq Referral (0S3 ac(�� (g Page 1 of 3 yvbfic vs(. 6 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 l