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Home My WebLink About2018-02-26 18-119 OrderTitle, Order CITY COUNCIL ACTION Council Meeting Date: 02/26/2018 Item No: 18-119 Responsible Dept: Engineering Requested Action: Order Accepting Brighton Avenue Extension 02/26/2018 18-119 Map/Lot: N/A Summary This order will accept a portion of Brighton Avenue. Formerly Lyon's Ledge, Phase 2 Subdivision Plan dated May 26, 2008, Brighton Avenue was approved by the City of Bangor Planning Board on .lune 25, 2012 and recorded in the Penobscot Registry of Deeds on September 4, 2009, Plan #2009-67 and on file with the City of Bangor Engineering Department #SD303. The City Engineer has determined that the extension of Brighton Avenue public Right -Of -Way depicted on the now Moyse Ventures Subdivision Amended Final Subdivision Plan dated January 10, 2018 and on file with the City of Bangor Engineering Department SD -366 is necessary to allow for future development within the subdivision. The Infrastructure Committee has reviewed and recommended approval on February 20, 2018 to accept. The attached Order is a routine action to formally accept the extension this street as a public way. Committee Action Committee: Infrastructure Committee Meeting Date: 02/20/2018 Action: Recommend for passage For: 5 Against: 0 Staff Comments & Approvals Attached Amended Final Moyse Final Subdivision Plan C, -,k rYA LC) -LJ - City Manager Introduced for: Consent City Solicitor Finance Director CITY OF BANGOR ORDER Date: 02/26/2018 Item No: 18-119 Assigned to Councilor: Davitt Accepting Brighton Avenue Extension Be it Ordered by the City Council of the City of Bangor that, 02/26/2018 18-119 WHEREAS, pursuant to 23 M.R.S.A. §3025, property may be dedicated for highway purposes only upon certain conditions, among which are 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. §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 in the Registry of Deeds" and that such public rights expire if the municipality does not accept said way within 20 years from date of recording of the subdivision plan; and WHEREAS, the former subdivision plan entitled Lyon's Ledge, Phase 2, prepared by CES, Inc. and approved by the Planning Board on April 21, 2009 and recorded at the Penobscot Registry of Deeds on September 4, 2009, Plan #2009-67 and on file with the City of Bangor Engineering Department #SD 303; and WHEREAS, the subdivision plan entitled Moyse Ventures Subdivision, Final Subdivision Plat, prepared by CES, Inc. and approved by the Planning Board on February 6, 2018 and recorded at the Penobscot Registry of Deeds on February 8, 2018 Book 2018 Page 6 and on file with the City of Bangor Engineering Department #SD -366; and WHEREAS, there exists a certain way extending westerly from the existing Brighton Avenue to be used by the public to access properties in this subdivision; and WHEREAS, said public way on the above referenced plan has been inspected by the City Engineer and has been found to meet the City's standards and requirements for such public improvements; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, pursuant to 23 M.R.S.A. §3025 and §3031 (1), the way referenced and depicted on the subdivision plan listed as follows is hereby accepted as a Public Ways and Streets by the City of Bangor: Brighton Avenue BE IT FURTHER ORDERED, THAT the name of the accepted Public Way shall be as listed above and said way be added to the Official City Map, and the City is authorized to accept a deed to Brighton Avenue in a form acceptable to the City Solicitor or Assistant City Solicitor. 18-119 FEBRUARY 26, 2018 QUITCLAIM DEED WITH COVENANT MLYSE VENTURES, INC., a Maine corporation with a principal place of business at Bangor, Penobscot County, Maine, for consideration paid, grants to THE CITY OF BANGOR, a body corporate located at Bangor, Penobscot County, Maine, with Quitclaim Covenant, the land located in Bangor, Penobscot County, State of Maine, described as follows: A certain lot or parcel of land situated at the westerly terminus of Brighton Avenue in -the City of Bangor, County of Penobscot, State of Maine, being depicted as Brighton Avenue Extension on a plan entitled "Final Subdivision Plan of Moyse Ventures Subdivision, Ohio St./Davis Road, Bangor, Penobscot County, Maine", dated July 12, 2013, prepared by CES, Inc., recorded in Map File 2013-51 of the Penobscot County Registry of Deeds (PCRD), the bounds of which being more particularly described as follows: BEGINNING at a W capped iron rod set at the southwesterly corner of Lot 23 as depicted on a plan entitled "Final Subdivision Plan of Moyse Ventures Subdivision, Ohio St./Davis Road, Bangor, Penobscot County, Maine", dated July 12, 2013, prepared by CES, Inc., recorded in Map File 2013-51 of the PCRD, hereinafter referred to as the "Moyse Plan"; THENCE, North 71' 50' 50" East, along the southerly line of said Lot 23, a distance of 57.51 feet to the westerly terminus of Brighton Avenue; THENCE, South 18- 09' 10" East, along the westerly terminus of Brighton Avenue, a distance of 60-00 feet to the northerly line of Lot 22 of said "Moyse Plan", THENCE, South 71' 50' 50" West, along the northerly line of said Lot 22, a distance of 41.89 feet to a W capped iron rod found; THENCE, North 32' 44' 39" West, a distance of 62.00 feet to the POINT OF BEGINNING. The parcel area hereinabove described contains 2,982 sq. ft., more or less. The basis of bearings is the Magnetic North Meridian of 2005. All iron rods set have caps starnped "CES, Inc - Brewer, ME - PLS 2292" [R 187 J 1140A 5488 9-0711586 ) Being a portion of the premises described in a deed from Moyse Properties, LLC to Moyse Ventures, Inc., dated January 2, 2018, and recorded in Book 14716, Page 34 of the Penobscot County Registry of Deeds. The Grantee's mailing address is 73 Harlow Street, Bangor, Maine 04401 IN WITNESS WHEREOF, Moyse Ventures, Inc. has caused this instrument to be signed as an instrument under seal by David Moyse, its President, hereunto duly authorized, this ILL day of January, 2018, FAMMM STATE OF MAINE PENOBSCOT COUNTY MOYSE VE�T-ILJRES, INC 4 David Moyse Its President Hereunto Duly Authorized January, 2018 Then personally appeared the above-named David Moyse in his aforesaid capacity, and acknowledged the foregoing instrument to be his free act and deed in his said capacity and the free act and deed of said corporation. Before me, Z" Notary Public -m-ey-at-L-aw— Type or Print Narne: My Commission Expires: {R137.1190,1 54889 074488 } Page 12 W FRI Y N72' 13'08"E 403.22' o N69' 37' 16"E _ -- 60.00' EXIST DRAIN, (11 E \ t S69' 37' 16"W S20' 22'44"E 60.00' 62.34' S20' 22'44"E W 60.00' REMAMO O SIE PROPERNING TIES a 120.00' ala S1 ET. _ - S69' 37' 16"W 1 z ui 0 u pCJ N yoy. L- CJ A f f I n o. Ek ZO r [—DR I pDRAINAGE [XISTING 15` WI UE 15 I, E EASEMENT _.---.._.__—...—__.._... i N 2 O i rj 41 rn i - LOT C` 18.4t ACRES o 4 4 rFi 1 WIDE 15' ..._____..__...-- - DUEYISTING M1JG„ P4AGE EASEMENT1114 N ` m N20` 22'44"W 104.66' 56.29' S20' 22'44"E I S71' 50'50"W 120.00' 45.00' n S69° 97' 16"W 4y,:l 2' �y S20' 22 44"E 0 0 31.90 , .�. � � N71' 50'50"E 57.51 �n �, 11f S69 ' 37 17'W 6 \.. BRIGHTON AVENUE EXTENSION ---- (TO BE CONVEYED TO THE CITY OF BANGOR) I R fGHTON AVENUE S1 2,982 sc�. FT. N32° 44'39"W 62.00' Sl 8' 09' 10"E 60.00° S71' 50'50"W 41.89' 17 S18' 09' 10'"E 120.00' W FRI Y L � U I �j b ED('wx�w�Nyy "pp N � 0 0 IN CITY COUNCIL FEBRUARY 26, 2018 CO 18-119 PASSED CITY CLERK