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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. . Aaoriemd Information: Q� I,r, yP 1 _ 0ud0tt Appmvi: . _ eea Dnenw Lapel ApwwN:. .Ii G.. Cny SNen ar IntrWuWFw (;pN$ENT ❑Fintflw0tn0 _ Pape_of_ ❑flNeeml •` 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