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HomeMy WebLinkAbout1993-12-13 94-47 ORDERDcuncil Action-- Dam December 13, 1993 Item No. ItemiSmacm: Accepting the Easterly Portion of Fox Hollow as a Public Way Fupma ble Depertmenc Engineering This Council Order is for the acceptance of the easterly portion of Pax Hollow, which isastreet in the aillbrook Subdivision me borer Essex Street. The other streets in the Subdivision, Trillium Trail and the westerly portion of Fax Hollow were previously accepted s public ways on January 13, 1992. Construction of the easterly portion of Fox Hollow was recently completed under the supervision of the City Engineer's office, except for the final surface course of pavement, which will be installed next spring at the Developers expense. The City currently holds en improvement guarantee from the Developer covering the value of all required improvements. A new home has been constructed on this section of Fax Hallow and the Developer has requested acceptance of the street as a public way. A sketch showing the location of the street is attached. p pep::t-em P Manager's Comments: l Cip;fe:-gn Associated Infornmalomdat&Af ,wf l _I Budget Appeova_ Oi:e Lead Approval: C:e] SWiei ar Introduced For r�p{sPassage pegs �cf_ Fint {leading ❑ Referral 94-4] A.,Igaed to Councilor Cohen December 13, 1993 CITY OF BANGOR (TITuj (Orber,__... Accepting. the Easterly Portion. of. Fox. Hollow_ as. a. Pebltc_Aay BY the City (.'OmMi Of W My Of Deeper. ORDERED, TWT , WHEREAS, pursuant to 23 N.R.S.A. S 3025 property may be dedicated for highway purposesonly upon certain conditions, among which are that the "property o has filed in the registry of deeds an approved subdivision plat plan which describes property to be appropriated for public nsand that title to any such property accepted by a municipality shall be feesimple; and WHEREAS, pursuant to 23 H.R.S.A. 4 3031 (1) "the public acquires rights of incipient dedication to public use of the ways laid out on the plan" from "the date of recording of a subdivision plan is the registry of deeds" and that such public rights expire if 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 Hilibrook Subdivision, dated March 29, 1989, revised June 6, 1989 and August 16. 1989 is recorded at the Penobscot Registry of Deeds in Map File ➢303-89; and WHEREAS. there exists on the above-referended plan certain ways to be used by the public to access properties in said subdivision; and WHEREAS, the public utilities and ways on the above -referenced plan have been inspected by the City Engineer and have been found to meet the City's standards and requirements for such public improvements; and WHEREAS, Trillion, Trail and the westerly portion of Fox Hollow from Essex Street to Fax Hollow shown on the above referenced plan Fare previously accepted as public ways by the Bangor City Council on January 13, 1992; NOW, THEREFORE, BE IT ORDERED. THAT pursuant to 23 M.R.S.A. 44 3025 and 3031 (1) the way depicted as the portion of Fox Follow extending easterly from Trillium Trail terminating with a cul-de-sac asstern on the subdivision plan of the Hillbraak Subdivision dated March 29, 1989, revised June 6, 1989 and August 16, 1989 recorded at the Penobscot Registry of Deeds in Map File D303-89 is hereby accepted as a public .way and street; and be it further -1- ORDERED. THAT said accepted street be named and known as Pax Hollow: and be it further ORDERED. THAT said street be added to the Official City Map. -2- InLCity Council December 13, 1993 Motion for Passage Councilor Shubert second by Councilor Haldeccl Motion Passed VNbeJIL 1 ft C /(au...y. City Clerk � 94-4) ORDER Title, Accepting The Easterly Portion of fox ....................... 4.............. Hollow as a public way Q �. Autgned to f Councilman 3 �� io ,� 2 p R 3 g m ., 3 ��