HomeMy WebLinkAbout2016-10-12 16-369 ORDERCOUNCIL ACTION
Item No. 16-369
Date: October 12, 2016
Item/Subject: Order, Accepting Street in Fairways Subdivision - Fairways
Responsible Department: Engineering
Commentary: This order will accept roads located in the Fairways Subdivision as public streets.
The Fairways Subdivision, located off of New York Avenue, was approved by the Bangor Planning
Board on November 5, 2002 and recorded in the Penobscot Registry of Deeds on December 17,
2002, Plan #2002-280. This order represents a housekeeping item as the City Engineer determined
that Fairways was completed and we have been providing services on these streets for more than a
decade.
The Infrastructure Committee has reviewed and recommended approval on September 27, 2016 to
accept. The attached Order is a routine action to formally accept this street as a public way.
John M. Theriault, PE, PTOE
Department Head
Manager's Comments:
Associated Information: Order, Associated Maps
Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced for
X Passage
First Reading Page _ of
Referral
16-369
OCTOBER 12, 2016
Assigned to CouncilorSprague
CI`T'Y OF BANGOR
(TITLE.) Order, Accepting Street in Fairways Subdivision - Fairways
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 pian
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 subdivision plan entitled Fairways Subdivision, Final Subdivision Plat, prepared by Plisga
and Day Land Surveyors and approved by the Planning Board on November 5, 2002 and
recorded at the Penobscot Registry of Deeds on December 17, 2002, Plan #2002-280; and
WHEREAS, there exists on the above referenced plan a certain way identified as Fairways 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:
Fairways
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 Fairways in a
form acceptable to the City Solicitor or Assistant City Solicitor.
IN CITY COUNCIL
OCTOBER 12, 2016
CO 16-369
PAS
CITY CLERK
16-369
OCTOBER 12, 2016
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