HomeMy WebLinkAbout1989-06-26 89-299 ORDERo>undl aarnon
Dam June 20 1989 Item No. 89-299
Itm/Subjem: Approving Final Plot—Hillbrook Subdivision
parpomiblo Verrho t: Planning Division
Commmdry:
The Planning Board at its meeting of June 19, 1989, held a public hearing on
the above final subdivision plan.
Dr, Frederick Oldenburg, owner of the property, spoke in favor of the
proposed subdivision.
John Merrill, Outer Essex Street, spoke in opposition. Be asked the Board
to continue this item to allow him more time to review this with DEP officials.
Mrs. Marie Aresunault, 1673 Essex Street, told the Board that she was conaereed
that this project would have an adverse affect upon her property values.
The Board voted 5 to 0 in favor of a motion to approve the final subdivision
plan as-submitted.
rHTe and
Manapol Commend: p ^ p
U.�+,a„e-c oJ 'se -AS. rr,o..Y�^�a-<✓�
Associated Information:
Sudpt Apposed:
£Leve Dura"
Lepel Amoral;
Introduced For
®Fadap .
❑First Heading Par _of_
Referral
89-299
Aesgucdio CouncOor England, June 26, 1989
CITY OF BANGOR
(TITLE.) Mrbgrr ..........._. Appcne" Final flat - 8allb ook Subdivision ......
By the City CaummU of Bu City of Bangor
ORDERED..
TUT the final subdivision plan for Millbrook Subdivision being
located on Outer Essex Street and consisting of 20 Into, having been reviewed.
by the Planning Hoard and found to be in general conformance with Local subdivision
laws and State of Maine Statutes, Title 3e, Section 4956, be approved, aublect to
meeting the requirement for the provision of improvement guarantees in accordance
with the provisions of Chapter X1I, Article 8, of the Laws and ordinances of the
City of Burger.
89-299
-IN CITY WMCIL O R D E R
June 26, 1989
Passed 'Title,
Approving Final Plat - tlillbxaok Subd'
CI CLBRR......................................
.............. 4............................
- �yo
` d
Councilman
I
89-299
rl<'
Y
r
Y
CITY OF BANGOR
APPLICATION FOR FINAL FLAT APPROVAL
NAME OF SUBO
89-299
NAME OF APPLICANT: RILLBROOR PARTNERS
2487 Ohio Street Bangor , Ne. 207-947-TI54
Address Telephone
NAME OF OWNERIFDIFFERENT THAN
DATE
OF
PRELIMINARY
PLAN
APPROVAL:
16A"
NAME
OF
ENGINEER OR
LAND
SURVEYOR
PREPARI RG
PLAN:
Stan
Plvnva
GENERAL INFORMATION: fY
TOTAL ACREAGE: 1L.5 NUMBER OF LOTS OR
LIST ANY MAJOR CHANGES TO THIS PLAT SINCE IT RECEIVED PRELIMI MARY
TYPE OF SUBDIVISION:
MINOR: MAJOR:
DEVELOPMENTAL:
Signe[ore o App (i
As
ZONE:
In
in accordance with Chapter XII, Article 6, Section 1.3 of the Subdivision
Ordinance the following processing fees will be charged:
Minor Subdivision (fewer than 5 lots and no public sewer and no
public street construction( . . . . . . . . . . . $40.00
1.
Maior Subdivision IS lots or More or public -sewer or public street
construction 1',-$50:00 plus $10.00 per lot over 4
— -- lots and $S.'010, pei lot over 9 lots.
Advertising Pee for any public hearing for subdivision approval $45,00
89-299
item Nm. 2i Final Plan approval Outer Essex Street - Millbrook
Partners
A. applicant requests sinal plan approval for a 20 lot cubdivi-
n located on Outer Essex Street. This item was continued
at the Boards last meeting to allow the applicant mope time
to develop the construction plans satisfactory to the City
Engineer's Office.
b. The City Engineer's office indicates the plans are not i
order at this time. Staff would recommend the Board continue
this item to their next regularly scheduled meeting.
gq.aY f
FINDINSS OF FACT AND ORDER
38 M.R.S.A. SECTION 489
MUNICIPAL REVIEW OF SUBDIVISIONS
CITY OF BANGOR, MAINE
Applicant Name: Hillbrook Partners Site Location of
Location. Bangor, Maine Development Act
Project Maine: Hi ilbrock Subdivision
File #:SLODR BGR 00001 Findings of Fact and Order
Pursuant to the provisions of Title 38, M.R.S.R., Sections 483 and
489, and Title 36, M.R.S.R., Section 49.56, the City of Bangor has
considered the application of Hillbrook Partners with its supportive
data, staff s ary, agency r scomments, (comments from the pub-
lic, public hearing transcript), and other related materials on file
and finds the following facts:
1. PROJECT DESCRIPTION:
A. Suulma'Y: Applicant proposes to subdivide 76.6 acres
of a 304
acra parcel into 20 single family house lots locatedOn Outer
Essex Street, Bangor.
B. History of Project: Prior use of this Faisal was rural agricul-
tural use.
C. Current Use of Site: The site is presently unused.
2. TITLE., RIGHT OR INTEREST: Applicant has warranty deed on the en-
tire 304 acre parcel.
3. FINANCIAL CAPACITY: Applicant, Hillbrook Partners have obtained a
bank commitment for financing the project. In addition, each at the
partners has made f1 n
ial commitment to the development of the
project through theHillbrook Partners Partnership Agreement.
4. TECHNICAL ABILITY: Applicant has retaineo professional se
from various qualified individuals, to incl Ude: a registeredpr
aofes-
nalengiOmer, a ental s nLiet, certified soil scientist,
registered land surveyor, e
and a licensed site evaluator.
Po4iaw ss -al SODTAJBS uol;aAaasuoO Ilo3 aq;asn sunt;alnaleO
aAlvuv auawdnlaAap gsotl pua quawtlnlanap aa3
'11JaA6 waols aeoK of e oo pasaq A;laedea ;aaAln3
;uana WJOIS. anuq bL aeaA SZ e uo pa5a4 s opelno lva })ouny
:a Pnloui Oq 'a;em
wJo4a lo staAlaue ue PaptAaad se4 )ulnllddV :AjQWH aEivmwtl01'e 'I1
'A;aatload nq; g5no-44 su
gstgM w 00.35 ¢uaq.;twaaqux a4; woa} r ;nq CZ SOPlmad pa;;iwgn.to
_sodnad alt 'sabua4a pasodoad a4; +cj agovdml 84q m a pue mUOTgIPUOp
a;pe 6up;s x aq; M o; a x5ua Iauuxasan+OJd a }o ea4;
g
PaQta10- se;ueot[dda aUl 'pued 6uiisixa u+ abpaap o; a sodoad;ues
-7Tdde a4; 'Al;sa� i?;ua;aa waaaM wao;s aptnoad o; w as;e a4a wap
od sasQdcjd ;ueoyldde aq;uox;xppe uI aag5 qua;}twaa;ut a n }n
5uxssoan aq; s Inbaa iesodcads,;ueoylddtl W3AtlM 30GNIVUC 1tl8N1VN '01
Altlan6 d
;oedwx m7anpm ou ane4 pings ;oa,oatl pasodoad a41 :All7tlfl0 tljv a
ayona;suoo as;}a AO6Uae }0 A;p 044
o; JEA40 paujnd aq II{m spam pasodoad aql 'SIVGH d0 BONVN31NIVW 8
4ae�45 : ss3 uo ;oedwy a a Aeg
Iixm s noq Aitwe} albuis OZ Aq Padaaaaia5 urypeal _ua;s lP;45Is
algeAIsOP w ww
a4; aga q;oq a a Pur uo};aasaa;ux Pasotloatl ag; ;e
sa�qjapatp ;46ps
a4; o; s oa;ewan}up pa PTAoad say }uvnllddV ';aaa;s
u
6tlsi ';aaa;3 x ss3 417m ;oauuoo Pue gpas-aa;uy gotgm aAeMpeoa
om; lona;suoo op 1,alOdnJd queoxlddtl �SAVMGVOWIN3W3AOW ]Iddtlal 'L
's;Insaa P006 Pamogs Ma m Ilam 3504 a P91114P ngm .»IItaP
Ilam Ie uo x550 }oatl a }o s i nq4 pauie4aj 5eq ;ueoplddtl 'sham
lenplAtput Aq PaAaas aq Cl at;aaCOad Pasotloatl a41 tAlddns a3ivm '4
v5ua0
}n A;tO ag4 Aq palpue4 aq Illm s=uaptsaa Altura} al6uls Aq Pa4saaua5
e
sa;sM R
oelnSa.A ageg6 44tma wao}um ut a;ls_uo }o pasotlslp
aq [Itm Aempvoj a4; }c uoijonjjquoua4; w a sa;seM 'iasOdslp ao}
uo, iAvatl apaw 5eq pue ;''atoad pasodoad a4; Aqpa;eaauab aq o; sa;sam
p1to, }0 sat;l;uvnb 044 pa;awpsa saq lueayltldtl °315VM OI106 'S
Z
All calculations are stamped by a reg.ietereu professional engl-
12. EROSION AND SEDIMENTATION CONTROL: Applicant has provided a
erosion and sedimentation plan to mitigate the impacts of any Sol
movement during the construction of the proposed project.
The plan includes temporary sedimentation measures for a [doming
construction to limit sedimentation i ietnuraralnagesways.
rheplan alen provides for permanent econtrol measured to
include riprapped areasr seeding and sedimentation ponus.
The a e
and sedimentation plan was prepared by a reyietereu
professional engineer.
13. SURFACE WATER QUALITY: in& proposed development veriot part o a
lake watershed. The proposed development does Include
v
ire which has be developed to have a minimal alteratinnstream
tothe
existing stream charmer.
14. GROUNDWATER G11ALiTY/QUANTITY: The proposed project will not be
located on a same and travel deposit. The low density development
s
propmad should provide+or sufficient ground water quantity f r Ibis
20 residential lute proposed. Groundwater testing has''hown
a good
supply available and deafen of oil -Site waste disposal syotame °
state plumbing code regulations should maintain the groundwater quel'-
ty. No hydrogeologic assessment w<ss indicated as necessary.
It. PUFFER STRIPS Applicant has provided 25' buffer .trips along
the intermittent sores::: and around the existing pond.
16. 4ISTORIC S1TE5: The Maine Historical Preservation Commission has
Gated that the prroprevd project will riot have an adverse impact
on any wisteria, architectural, or archaeological site.
U'NU'SUAL NATURAL AREAS: l'ue Office of Comprehans-ive Planning ll 'Me
Oepa.^tment of Economic and Community D e' imprnent has reviewed the
:.:n_rArre specice.1,5ted in
thisare n the Critical Areas proyram or the N tma_ Hortoge
pro -
gran: data oases.
17. SCENIC CHARACTER: The propos"ai to ose 20 si.rgle family house
should riot have an adverse impact or:athe colonic chararter of
thi- gr ea.
12. WILDLIFE AND FISHERIES: Applicant's proposal should have amini-
ampact on the existing wildlife and 'i-heries in this a -he
Critical Areas Program and the Natural Heritage Program do not indi-
cate any r endangered species in this a The proposed pond
reconstruction,
dredging, and wetland preservation should provide for
habitat 5or wildlife which would be present.
19. SOILS: Applicant has retained a Certifietl Soil Scientist to pre-
pare a medium intensity soil survey to i ga
instite suil cundl-
at the proposed development site. in addition to the soil
analysis, a ental scientist w retained to map areas
which w identified as wetlands, Comment was received from trip
Department of Human Services nn discrepancy letlesyl Foil survey
and site evaluators test pits. Also noted were
e di.ec^epancies 'iu
the textural classification and soil y *iledescriptions.
20. WASTEWATER DISPOSAL: All lots in the proposed development have
been sail teatetl by Cite evaluator=. and meet m state stan-
dards for c -site waste disposal, Applicant's appLcation con-
tains
suit test pit logs. Given the alae OF the lots no hydroiog-
.c assessment was required.
21. MAINTENANCE OF COMMON FACILITIES/PROPERTY: '.he Millbrook Partners
Hos
Homeowners As _ration has provided for the n ntenance of common
!ilitiThe Homeowners Associat£on Bylaws are included In
the apPlecatiml.
22. NOISE: The proposed 20 lot subdivision should not POse any ad-
verse mdse impact.
e3. ODORS: NO s mt Project imparts for odors have bean identi-
fied which Would be associated with a 20 let subdivision.
22. ALTERATION OF CLIMATE/WATER VAPOR: IF ia riot anticipated that
there will Lre any alteration of climate or zagni4icant water
vapor emission.
25. ACCESS TO DIRECT SUNL.16HT: E n the large i and dried
sstriCions or' building locatio
ons 1t i notka
lily that any
PrcWerty wouldnot [lave_di.^ect acre. ight.
BASED or the above finding fact, 'es Cit/ or Bangor makes TNe f011nw-
_:conclusions:
A. The applicant ha Provided a t3 xal capacity araC
technical ability to meet z water��o �ution control stan-
dards i that ap PliCant her, a commitment ending i tito-
Lion to ='unit 'the prO]a-t and
applicaen
nt he,, retained ProTssioal
=cVa-'.ise it prepaNng the application.
II The applicant has made adequate provisions for solid waste di=.epos-
all provided un -site disposal of materials t conformance wit"
State of Maine Laws regarding on-site waste disposal.
TM1e applicant has made adequate provisions for the tart, OF o
Offensive odors, and the s uins arid mot It mance of suit l c er it
arid
atl healthful water supplies n that a test well has inlicateal an
abundant healthful supply i.. available.
C. The applicant has mass adev,ate Provision For trafficvent of
all types into, oat of or within the tleme
velopnt area in Chat the
street system is designed to handle the atir :instrid traffic and
marteight isaances at t%w_ lot er recti ons are above the tlzsiretl mim -
mam standards.
C. The applicant bile made adequate prvvis-iron -er fitting this develop -
into the i rstir:g rattiest n - ent and the
deharmoniously
vxlnpmentw not adversely affect e Stine Usen, soonerchis—
better j, o ral hesournmr, in BANGOR sort ire neighboring m cipal-
ities ie that the propnted development is a low Density r siden-
tial development which provides a 13 ac -e common area which will.
be unGevelvped.
E. The proposed development willbuilt on soil types which are
.eltabie to the nature of 'Ube uoderin ing prcvtde6 that the appli-
ant follows the guideline's provided in the sohl scaenu ets recom-
mendation.
F. The proposed tlevelziner t will not pose a li
ee ablhe" that
ae!arge to a G19n1ficant ground water- shunter will QyLh- III
,-list the proposdervelnpmenh
t n
hot end and gravel
ed andiron
and the der siLy of development'is veryInw
TTEREFORE, the City of Bangor APPROVED WITH THE ATTACHED CCIVGPIEN3
THE APF'-ICAI'ION OF RILLERO^N PARTNERS
subdivide 76.6 a Into 20 lots. fury ogle f ily e
sidencs. in
F}�R.
SANMaen
in, adde'rdarn:e witF 'ire Following euntlitinnsl
1. The Stantlard :additions of Approval, a copy Of whvch In a..ached.
e. 1d aJ,ilCon tie arty specific e _ Control s described nil
this Order (the applicant ands in) shall take .all r s -
nary actions to ensure that (iTi,sher, their, lis) activities 0-
those of (his, her, their its) agents do not result in noticeable
of soils an the site during the construction and opera-
tion of the project covered by this approval.
3. Applicant shall make application and gain approval for other
associated activities from the Department of Environmental Protec-
tion for which the City of Bangor has no authority to grant. Such
items to include stream alterations, pond dredging, and any other
activity associated with the proposed development which the De-
partment of Environmental Protection deems required.
DONE AND DATED AT SANOOR, MAINE THIS Jr DAY OF sa�/a.>6. Y, 1989.
BANGOR PLANNING BOARD
BY
Pau Sventl en, vice Chairman
November ], 1989
A True Copy, AtteaC
L/arLG/1 Arf ��ia...�
—� cxclex�
STANDARD CONDITIONS
STRICT CONFORMANCE WITH THE STANDARD AND SPECIAL CONDITIONS OF THIS APPROVAL
15 NECESSARY FOR THE PROJECT TO MEET THE STATUTORY CRITERIA FOR APPROVAL.
1. This approval is dependent upon and limited to the proposals and plans contained in
the application and supporting documents submitted and affirmed to by the applicant.
Any variation from the plans, proposals and supporting documents is subject to the
review and approval of the Municipality prior to implementation. Further subdivision
of proposed lots by the applicant or future owners is specifically prohibited,
without prior approval by the Municipality, and the applicant shall include deed
restrictions to this effect.
2. The applicant shall secure and comply with all applicable Federal, State and local
licenses, permits, authorizations, conditions, agreements, and orders, prior to or
during construction and operation as appropriate.
3. The applicant shall submit all reports and information requested by the Municipality
demonstrating that the applicant has complied or will comply with all conditions of
this approval. All preconstruction terms and conditions must be met before
construction begins.
4. Advertising relating to matters included in this application shall refer to this
approval only if it nates that the approval has been granted WITH CONDITIONS, and
indicates where copies of these conditions may be obtained.
5. Unless otherwise Provided in this approval, the applicant shall not sell, lease,
assign or otherwise transfer the development or any portion thereof without prior
written approval of the Municipality where the purpose or consequence of the transfer
is to transfer any of the obligations of the developer as incorporated in this
approval. Such approval shall be granted only if the applicant or transferee
demonstrates to the Municipality that the transferee has the technical capacity and
financial ability to comply with conditions of this approval and the proposals and
plans contained in the application and supporting documents Submitted by the
applicant.
6. if the construction or operation of the activity is not begun within two years, this
approval shall lapse and the applicant shall reapply to the Municipality for a new
approval. The applicant may not begin construction or operation of the development
until a new approval is granted. Reapplications for approval shall state the reasons
why the development was not begun within two years from the granting of the initial
approval and the reasons why the applicant will be able to begin the activity within
two years from the granting of a new approval, if granted. Reapplications for
approval may include information submitted in the initial application by reference.
]. If the approved development is not completed within five years from the date of the
granting of approval, the Municipality may reexamine its approval and impose
additional terms or conditions or prescribe other necessary corrective action to
respond to significant changes in circumstances which may have occurred during the
five-year period.
8. A copy of this approval must be included in or attached to all contract bid
specifications for the development.
9. Work done by a contractor pursuant to this approval shall not begin before the
contractor has been shown by the developer a copy of this approval.
(2/81)
Revised November 1, 1979
ce9a1 Department
Date November 2, 1989
M1O: Russ McKenna City Clerk
FRIR: Terri Coxe
RE: Hillbnook Subdivisio
Enclosed for filing in the City's records, please
find a copy of a "Subdivision Improvement Guarantee and Real
Property Escrow Agreement, dated October 38, 1989,between
the City of Bangor and Hillbrook Partners regarding the above
subdivision.
T.C.
to
Enclosure
SUBDIVISION IMPROVEMENT GUARANTEE AND REAL PROPERTY
ESCROW AGREEMENT
This Agreement is entered into as of this 3J,4 day of
1989, by and between HILLBROOM PARTNERS, a
Maine general partnership with a place of business in Bangor,
County of Penobscot, State of Maine (hereinafter SUBDIVIDER) and
the CITY OF BANGOR, aunicipality 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, which approval
was obtained from the Bangor City Council on June 26, 1989.
2. Article 8 of said Subdivision Ordinance requires that a
subdivider provide the CITY with an improvement guarantee to
ensure completion 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.The City Engineer has reviewed and approved the cost
estimate for the construction of said improvement.
4. SUBDIVIDER has proposed utilising the real property
escrow improvement guarantee option authorized by Article 8,
Section 3.2 of said Ordinance.
NOW, THEREFORE, inconsideration of the foregoing recitals
and the obligations oftheparties hereunder, it is understood
and agreed as follows:
1. SUBDIVIDER las, 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 13, 14, 15, 16, 17 and 18 as shown On the
"Final Plan of Hillbrook Development" dated March 29,
1989, revised June 6, 1989 and August 16, 1989, prepared
by Plisga & Day, Land Surveyors, to be recorded in the
Penobscot County Registry of Easels.
(2) Read areas depicted as Fox Hollow and Trillium Trail on
said Plan.
For SUBDIVIDER's source of title for the foregoing real
estate, reference may be had to the deed from William P. Jinks
and Mary P. Jinks to Hillbrook Partners, dated December 15, 1988,
recorded in said Registry of Deeds in Volume 4364, Page 225.
2. The aforesaid deeds are to be held in escrow by the CITY
as rity 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.
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 Engineer
to provide CITY with an opportunity to conduct periodic
Inspections of the work In progress.
4. SUBDIVIDER shall complete the required improvements by
not later than June 26, 1991. Upon completion of the
improvements, the SUBDIVIDER shall file with the City Engineer:
(a) a statement from SUBDIVIDER 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 SUBDIVIDER 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
satisfaction of the CITY by June 26, 1991, then the City Engineer
shall notify SUBDIVIDER in writing of the defects and of CITY's
intent to exercise its rights under this Agreement. If the work
is not completed within 30 days after receipt of said notice, the
CITY may record the aforesaid deeds, thereby placing title to
the road area and lots in the CITY. Provided, however, that
CITY shall only record the deeds to such number of lots as may be
necessary, in the opinion of the City Engineer, to ensure
completion of the improvements. CITY may also undertake to
complete said improvements and to sell the lots, or any portion
thereof, o such terms and conditions as it, r its Sole
discretion, n
deems appropriate. Before selling any of the lots,
however, CITY shall give SUBDIVIDER written notice of any
intended sale, which notice shall include the terms and
conditions of the sale and the name of the intended purchaser.
SUBDIVIDER shall have the option of purchasing the lots upon the
same terms and conditions as stated in the notice. Provided,
however, that SUBDIVIDER gives written notice of its exercise of
said option to CITY within 30 days from SUBDIVIDER's receipt of
the notice of sale from CITY. CITY shall apply any proceeds from
such a sale, lees 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 any shortfall within fifteen
days from the date of an
invoice for the same. If SUBDIVIDER
falls 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. In the event that the proceeds from the sale of the lots,
or any portion thereof, less expenses, exceed the costs incurred
by CITY to complete the required improvements, CITY shall pay
said excess amount to SUBDIVIDER.
6. Until such time s 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.
I. CITY agrees to release lots from this Agreement and to
return the deeds therefor to SUBDIVIDER in proportion to the
progress of SUBDIVIDER towards completion of the improvements.
Provided, however, that CITY'S obligation hereunder i
conditioned upon a determination by the City Engineer, in his
sole discretion, that the work to date has been completed in a
satisfactory manner and that the lots remaining in escrow are
sufficient to secure completion of the remaining work.
8. Within 30 days after receipt of the statements required
by Paragraph 4 above, CITY shall release the lots from this
Agreement and shall return the deeds held in escrow therefor to
SUBDIVIDER or shall notify the SUBDIVIDER, in writing, of any
defects in the Improvements. Provided, however, that CITY shall
not be obligated to release the lots until SUBDIVIDER provides an
improvement guarantee, in one of the forms authorized in Article
8, Sections 3.1 to 3.5 of the Subdivision Ordinance in an amount
equal to 108 0£ the estimated cost of the Improvements.
9. 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
have been completed in strict compliance with the foregoing
requirements.
30. This Agreement shall be binding on SUBDIVIDER and CITY,
their respective successors, heirs, and assigns.
IN WITNESS WHEREOF, the SUBDIVIDER and the CITY, acting
through its City Manager, have caused this Agreement to be duly
executed as of the day, month and year first above written.
HILLBROOK PARTNERS
By
Witness Frederick A. 0ldenb4r gr M.O.
Its Partner
CITY OF BANGOR
By:
�.. l V.
4
Wil ass V ItsEdward
Ci A. Barrett
Its City Manages
STATE OF MAINE
Penobscot, as. 0'4G 30 , 1989
Then personally appeared the above named Frederick A.
Oldenburg, in his capacity as a partner of Hillbrook Partners,
and acknowledged the foregoing instrument as his free act and
deed in said capacity and the free act and deed of said Hillbrook
Partners.
Before me,
�ln-vu¢�✓✓. �4
Natazp-enblc/Attorney t i.ax
Printed Some: %ii ..xn .4. 24sre//
STATE OF MAINE
Penobscot, ss. November 2 , 1989
Then personally appeared the above named Edward A. Barrett,
in his capacity as City Manager for the City of Bangor, and
acknowledged the foregoing instrument as his free act and deed in
said capacity and the free act and deed of the City of Bangor.
Before me,
A.
Notary Public/A££arA6y-a£- aw
Printed Name: Tgrri lcd cow
NY crmmvnc. I.pnea Je..¢mbn, 22, 1089