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.
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Manager's Comments:
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Lead Approval:
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Introduced For
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❑ 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
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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.
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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
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Hollow as a public way
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Autgned to
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Councilman
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