HomeMy WebLinkAbout1990-12-10 91-32 ORDERCoundl Anion
prt December
3, 1990 Item No. 91-32
IumgSubjM; Approving the Final Plat
- Stillwater Gardens Subdivisio
Expansion
R%gomiblaD Wnment: Planning Division
Comment W.
.The Planning Board at its regularly scheduled
19, 1990
meeting of November
held a public hearing on the
plan.
above-noted final subdivision
Brent Sones, an engineer representing
the applicant, spoke in favor
of the proposed six lot expansion.
'
No one spoke in opposition.
The Planning Board voted 5 to 0 in favor
of a motion to
the final subdivision plan subject to
approve
the posting of a bond
for the public improvements.
Manegv a uOmmefb.
.
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91-32
Ae®gnedto Counedor Sullivan, December 10, 1990
a« CITY OF BANGOR
(TITLE,) Mrba, Approving the Final Plat - Stillwater Gardens_..
Subdivision Expansion
_.... _. .-..-....... ...-.... ...._.1 _. ..--
Be ow City Covin! orae City Of Dans:
ODDr=D,
MT the final subdivision plan for a six lot expansion of
the existing Stillwater Gardens Subdivision located off Drew Lane and
Jennifer Lane, haying been reviewed by the. Planning Board and found to
be in general conformance with local subdivision laws and State of Maine
Statutes, Title 30A Sections 4402-4407 be approved subject to meeting
the requirement for the provision of improvement guarantees in accordance
with the provisions of Chapter XII, Article 8,rf the Laws and ordinances
of the City of Bangor.
91-32
Council December 10,1990 0 R D E R
Title,
Approving the Final Plat - Stillwater
.......................................
Gardens Subdivision Expansion
.....�.j....�.,.............................An
.....
w , a ea IdII.u[.1V'
Councilman
CITY OF BANCOR 91-32
DATE OF PRELIMINARY PLAN APPROVAL
NAME OF ENGINEER OR LAND SURVEYOR PREPARING PLAN: ` JAN U,ra pU64C
GENERAL INFORMATION: /
TOTAL ACREAGE: I T _NUMBER OF LOIS OR UNITS: 6 ZONE:/� . /� //g--
LIST
i%LIST ANY MAJOR CHANGES TO THIS PLAT SINCE IT RECEIVED PRELIMINARY APPROVAL:
TYPE OF SUBDIV N:
MINOR: MAJOR: EV LOPMENTAL
7AQ Po 1
Sign ant Agent
0
In accordance with Chapter XII, Article Section 1.3 f the Subdivision
will
Ordinance the following processing fees will be charged:
SEE REVERSE SIDE FOR PROCESSING AND ADVERTISING
FEE SCHEDULES
PROJECT
STARTING DATER
APPLICATION FOR
FINAL
PLAT APPROVAL
PROJECT
COMPLETION DATER
011
9/
DATE:
{�
(�
NAME
OF
SUBDIVISION: r (/i
q/�'
NAME
OF
APPLICANT:
rrxel
Aeare 1
Telephone
y(.,(
NAME
OF
OWNER IF DIFFERENT THAN ABOVE:
DATE OF PRELIMINARY PLAN APPROVAL
NAME OF ENGINEER OR LAND SURVEYOR PREPARING PLAN: ` JAN U,ra pU64C
GENERAL INFORMATION: /
TOTAL ACREAGE: I T _NUMBER OF LOIS OR UNITS: 6 ZONE:/� . /� //g--
LIST
i%LIST ANY MAJOR CHANGES TO THIS PLAT SINCE IT RECEIVED PRELIMINARY APPROVAL:
TYPE OF SUBDIV N:
MINOR: MAJOR: EV LOPMENTAL
7AQ Po 1
Sign ant Agent
0
In accordance with Chapter XII, Article Section 1.3 f the Subdivision
will
Ordinance the following processing fees will be charged:
SEE REVERSE SIDE FOR PROCESSING AND ADVERTISING
FEE SCHEDULES
PROJECT
STARTING DATER
NII
1R6
PROJECT
COMPLETION DATER
011
9/
91-32
The
following
lletof
people
are associated
with:
(ac 91 5� ITh
54n6apv S S L
91-32
Rem No. 1: Final Subdivision Plan - Drew Lane - JAC/Co/SAC
a. Applicant requests final subdivision approval to expand the
fisting Stillwater 3ardens Subdivision by 6 lots along Drew
Lane in a Residential to Zone.
b. The applicant has revised the proposed plan to address the
City Engineering Department's c The proposed plan
sets all ordinance and submittal concerns.
and Staff
would recommend
end final subdivision approval Conditioned upon
the postingof band for the required public improvements.
BM819 PG280 '" . 1'
SUBDIVISION IMPROVEMENT GUARANTEE AGREEMENT
0087®.9
This Agreement is entered into as of the 6th day of
March . 1991, by and between MRS, INC., a Maine corpora-
tion w—�-en office in Brewer, County of Penobscot, State of
Maine, (hereinafter "Subdivider") and THE CITY OF BANGOR, a
municipality situated in Bangor, County of Penobscot, state of
Maine, (hereinafter "City").
RECITALS
1. Subdivider has submitted a subdivision plan to City for
final approval under City's Subdivision ordinance.
2. Said Subdivision Ordinance requires that a Subdivider
provide the City with an improvement guarantee toensure comple-
tion of the required improvements in a subdivision.
3. The required improvements for the proposed subdivision
consist of the construction of a street and storm drainage
system.
a. subdivider has proposed utilizing a real property escrow
improvement guarantee option.
NOW THEREFORE, in consideration of the foregoing recitals
and the obligations of the parties hereunder, it is understood
and agreed as follows:
1. Subdivider has, simultaneously with the execution of
this Agreement, executed and delivered to the City warranty Deeds
conveying to the City fee simple title to the following
described premises located in Bangor, County of Penobscot, State
of Maine:
(1) Lots Numbered 55, 56 and 57 according to a certain
plan entitled "Stillwater Gardens Expansion" dated
October 31, 1990, to be recorded in the Penobscot
County Registry of Deeds.
(2) Together with the street depicted as "Garden Way" on
said plan.
For Subdivider's source of title for the foregoing real
estate, reference may be had to the deed from JAC/CO/SAC to MRS,
INC. dated FF<brP 67 , 1991, recorded in the Penobscot County
Registry o Deef ds in Volume Y( ,Page Z�.
2. The aforesaid deeds are to be held in escrow by the City
as security for the satisfactory completion by Subdivider, or its
agents, successors, or assigns, of the street and storm drainage
improvements as approved by City's Planning Board.
eN4819 'fG28I
3. All construction and materials shall conform to the
approved subdivision plan and the ordinances and requirements of
the City, and all construction shall be completed in a good and
workmanlike manner. During the course of the work Subdivider
shall coordinate the construction activities with City's Director
of public works and Code Enforcement Officer to provide them with
an opportunity to conduct periodic inspections of the work in
progress. in the event that Subdivider fails to provide such
inspection opportunities, the improvements shall not be accepted
by the City.
4. Subdivider shall complete the required improvements by
not later than november 1 1997" Upon completion of the
improvements, et abort file with the with the City:
(a) a statement from Subdivider's engineer that all required
improvements have been completed in strict compliance with all
applicable construction standards, laws and ordinances, and the
approved subdivision plan and that the engineer knows of no
defects from any cause in the improvements; and (b) a statement
from Subdivider's attorney that the improvements and the land
upon which the improvements are situated are free and clear of
any encumbrance or lien.
5. If the Improvements have not been completed to the sat-
isfaction of the City by November 1 1 1993; then the City
shall notify Subdividern wig ink defects and of its
intent to exercise its rights under this Agreement. If the work
is not completed within 30 days thereafter, the City may record
the aforesaid deeds, thereby placing title to the premises in the
City. City may also undertake to complete said improvements and
conditions as it, in its sole discretion, deems appropriate.
City shall apply any proceeds from such a sale, leas expenses, to
the costs incurred by it to complete the required improvements.
In the event that such proceeds are insufficient to cover the
costs of City so incurred, Subdivider shall reimburse City for
the same. in the event that Subdivider fails to reimburse City
as aforesaid, Subdivider agrees that in addition to the amount
due, it shall also be liable to pay any costs incurred by City to
collect said monies, including but not limited to court costs,
sheriff's fees, and reasonable attorney's fees.
6. Until such time as the City executes and delivers a
release of its interest in the premises under this Agreement,
Subdivider shall not mortgage, sell, agree to sell, or otherwise
encumber or convey any Interest in the premises. The parties
agree that any breach of the foregoing may be prosecuted by City
as a violation of its Subdivision Ordinance.
7. For the purposes of this Agreement, time shall be con-
sidered of the essence.
8. Subdivider acknowledges that City shall not be obligated
to consider acceptance of the improvements in the Subdivision as
public ways until such time as the City is satisfied that they
BK4819 PG282 f '~
have been completed in strict compliance with the foregoing
requirements.
9. This Agreement shall be binding on Subdivider and City,
their respective successors and assigns.
IN WITNESS WHEREOF, the Subdivider and the City have caused
this Agreement to be duly executed as of the day, month and year
first above written.
WITNESS:
V G
I
MRS, INC
_K/
CITY OF BANGOR
By -
City Hanger
STATE OF MAINE t q
Penobscot, as. 1991
Than personally appeared the above named�W Qo+`ws
duly authorized V'...V<.:.a.\ of NRS, Inc., and acknowledgeT
the foregoing inane ru�1s tree act and deed in his said
capacity and the free act and deed of said corporation.
Before me, \�
c�Y�`�
/Attorney a Law
%Z . y %, s\cs.E
Printed Name
Commission expires:
STATE OF MAINE
Penobscot, as.
ApA� �f', 1991
Then personally appeared the above named Edward A. Barrett
duly authorized City Manager of the City of Bangor, and acknowledged
the foregoing instrument to be his free act and deed in his said
capacity and the free act and deed of said body corporate.
Before me,
Notary P ic{Attpx w-
PENOBSCOT SS RE" -
91 APR 22 PR 2:58 Printed Name Te i keWx
3 Commission expires .a 9
2 3
AicVawamuws
u REGIS R