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HomeMy WebLinkAbout2009-01-26 09-059 ORDERCOUNCIL ACTION Item No. Date: January 26, 2009 99 459 Item/Subject: Order, Accepting Street in Haskell Road Subdivision, Phase II — Extension of Haskell Road Responsible Department: Engineering Commentary: The Haskell Road Subdivision Phase II Amended Final Subdivision Plan was approved by the Bangor Planning Board on June 19, 2007 and registered with the Penobscot Registry of Deeds in Map File 2007-96 on July 3, 2007 The City Engineer has determined that the extension of Haskell Road has been satisfactorily completed. The attached Order is a routine action to formally accept this street as a public way. Manager's Comments: Recommend approval. Department Head i City Manager Associated Information: Order, Quitclaim Deed with Covenant, Subdivision Plan Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Finance Director Cify Solicitor Page _ of _ 09 059 Assigned to Councilor Bronson January 26, 2009 CI`T~Y OF BANGOR (TITLE.) Order, Accepting Street in Haskell Road Subdivision Phase II -- Extension of Haskell Road 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 subdivision plan entitled Haskell Road Subdivision, Phase II, Final Subdivision Plat, prepared by Civil Engineering Services, dated July 6, 2006, revised June 6, 2007, approved by the Bangor Planning Board on July 19, 2007, is recorded at the Penobscot County Registry of Deeds in Map File, Plan #2007-96, July 3, 2007; and WHEREAS, there exists on the above referenced plan a certain way identified as Haskell Road Extension 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 ORDERER BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, pursuant to 23 M.R.S.A. §3025 and §3031, the way referenced and depicted on the subdivision plan recorded in the Penobscot County Registry of Deeds as revised and listed as follows is hereby accepted as a Public Way and Street by the City of Bangor; Haskell Road BE IT FURTHER ORDERED THAT the name of the accepted Public Way shall be as listed above, said way be added to the Official City Map, and the City is authorized to accept a deed to Haskell Road Extension in a form acceptable to the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL January 26, 2009 Zed # 09=059 r CITY CLERK __ n n F R (TITLE, Accepting Ctzeet In Tiaakoll Road Subdivision Phase II - Extension of Hackpll RnAd Assigned to Councilor i f 059 i..�.-��".�.� ir.i�',. l '�� 3�;= 'F �R,+, x' A 2 ®rte gP4 • i/ //� $ Evaf�` 4` Z",r 'vS a$9fip�'"`.�s ¢.-eZg aux S�Ifr o 8 .( �+�•� i p �1 � --tt US, al F�"34 dxa[��4 .i C���Piiin� �O �£ f4�". I�:<. /r/ '/�� / /� �\7":�y+r '• �� f b3 osci.aik ,.',�— Y v� B�gYa & w 2R �R A? �� �R� , :. ��KK�•tltl�S, ''� �! wri �� 1 '.-'ri �j h� ' F g_g$ /k IffliffSPI A Mi a TON MT - E t 3 u �a^ yy �; S � C ! Gt / / /�i i ♦ ( xis +' � 1 <<` g ; i 6 • y Y� � I � '.i i i / . f � �I � . 1 i' / t. .- il E '^c; %sxz;i q 1 Rp w tt'" ! `._, • - 8y moi. • r / i°z qt y{�� k kk �,� sis -�, i sM nay ,,.1; ``• / t at _ # s ' m /�. / �YS. it'I;' �� se�v,. 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H0910EiJ_ IIOAQ BM+OOR AiATE t Lat ," � ^ � � 11,G1A6RRi ibRYRYO Ri > •^_ __ AMENDED RNAL SUBDIVISION PLANA •umxi E• r wu, rer ran Fc . m x,i nw mr..Poonn�r::«�o"'�.w°1z `.°.�°Y.`a'na `�.a �:m'i°N1p ° w., ,dE aN 8 's�. ��+�'sAssk REg g�mci��snri� ��•;� ������* i;'SL�Nf,�#iii-ri�+'a-�i>'<t S'%�a`AS8� nS R l {/:y_� ^ '' h '� ,h4•I- :��i.�' _ s.,,usr v. u -- �--s- HELL FK= $ N - %Imm OL CO. H0910EiJ_ IIOAQ BM+OOR AiATE t Lat ," � ^ � � 11,G1A6RRi ibRYRYO Ri > •^_ __ AMENDED RNAL SUBDIVISION PLANA •umxi E• r wu, rer ran Fc . m x,i nw mr..Poonn�r::«�o"'�.w°1z `.°.�°Y.`a'na `�.a �:m'i°N1p ° w., 12/31/2008 QUITCLAIM DEED WITH COVENANT 09 059 WEBBER OIL COMPANY, a Maine corporation having a mailing address of 700 Main St., Bangor, Maine 04401, for consideration paid, grants to THE CITY OF BANGOR, a Maine municipal corporation having a mailing address of 73 Harlow Street, Bangor, Maine 04401, with Quitclaim Covenant, the following described land in Bangor, Penobscot County, Maine: Commencing at the most northerly corner of Haskell Road described in Penobscot County Registry of Deeds Book 10176, Page 124 and at a #6. rebar capped LS 1058; thence South 52° 28'44" East, 21.55 feet to the southwesterly corner of Haskell Road Extension as depicted on plan entitled Amended Final Subdivision Plan Haskell Road Subdivision, Phase 2 - Webber Oil Company, dated July 6, 2006, revised June 4, 2007, and recorded in Penobscot County Registry of Deeds in Map File 2007-96 and a #6 rebar capped LS 1058 at the True Point of Beginning; thence along the westerly line of said Haskell Road Extension North 54° 02'32" East, 30.61 feet to the beginning of a 270.88 foot radius tangent curve concave to the northwest and a #6 rebar capped LS 1058; thence along the arc of said curve 192.23 feet to the end of said curve and a #6 rebar capped LS 1058; thence North 13° 22'59" East, 246.20 feet to the beginning of a 360.00 foot radius tangent curve concave to the west and a #6 rebar capped LS 1058; thence by the arc of said curve 202.00 feet to the end of said curve and a #6 rebar capped LS 1058; thence North 18° 45'55" West, 353.14 feet to the beginning of a 62.50 radius non -tangent curve concave to the south and a #6 rebar capped LS 1058; thence along the arc of said curve 305.88 feet (chord: N 71° 14' 05" E, 80.00' to the end of said curve and a #6 rebar capped LS 1058; thence South 18° 45'55' East, 353.14 feet to the beginning of a 440.00 foot radius tangent curve concave to the west and a #6 rebar capped LS 1058; {R0563839.1 38000-0538901 �i0 055 thence along the arc of said curve 246.88 feet to the end of said curve and a #6 rebar capped LS 1058; thence South 13° 22" 59" West, 246.20 feet to the beginning of a 350.88 foot radius tangent curve concave to the northwest and a #6 rebar capped LS 1058; thence along the arc of said curve 248.99 feet to the end of said curve and a #6 rebar capped LS 1058; thence South 54° 02'32" West, 6.88 feet to the most easterly corner of said Haskell Road (Book 10176, Page 124) and a #6 rebar capped LS 1058; thence along the northeasterly line of said Haskell Road North 52° 28' 44" West, 83.45 feet to the #6 rebar at the Point of Beginning. ALSO CONVEYING for the benefit of the land hereby conveyed drainage easements, in common with Webber Oil Company, and its successors and assigns, including the rights to keep open and maintain drainage structures, and overflow spillways to carry away surface and stormwater from two detention ponds/soil filters over, under and upon the two easement parcels defined below: First Easement Parcel: Detention Pond/Soil Filter Easement Area on Lot 6 Commencing at the most northerly corner of Haskell Road described in Book 10176, Page 124 and at a #6 rebar capped LS 1058, thence South 52° 28'44" East, 21.55 feet to the southwesterly corner of Haskell Road Extension as depicted on plan entitled Amended Final Subdivision PlanHaskell Road Subdivision, Phase 2 - Webber Oil Company, dated July 6, 2006, revised June 4, 2007, and recorded in Penobscot County Registry of Deeds in Map File 2007-96 and a #6 rebar capped LS 1'058; thence along the westerly line of said Haskell Road Extension North 54° 02'32" East, 30.61 feet to the beginning of a 270.88 foot radius tangent curve concave to the northwest and a #6 rebar capped LS 1058; thence along the westerly line of said Haskell Road Extension and along the arc of said curve 75.85 feet to the southeasterly corner of the easement are herein described and a #6 rebar capped LS 1058 at the True Point of Beginning; thence continuing along the westerly line of said Haskell Road Extension and along the are of said 270.88 foot radius tangent curve 116.38 feet to the end of said curve and a #6 rebar capped LS 1058; {ROS63839.1 38000-053890) Nage 2 09 059 thence continuing along the westerly line of said Haskell Road Extension North 13° 2259" East, 48.20 feet to the northeasterly corner of the parcel herein described and a #6 rebar capped LS 1058; thence North 60° 52'05" West, 35.90 feet to the northwesterly corner of the herein described parcel and a #6 rebar capped LS 1058; thence South 33° 2342" West, 132.00 feet to the southwesterly corner of the herein described parcel and a #6 rebar capped LS 105 8; thence South 36° 18'45" East, 72.27 feet to the westerly line of said Haskell Road Extension and the #6 rebar at the point of beginning. Second Easement Parcel: Detention Pond/Soil Filter Easement Area on Lot 7) Commencing at the most northerly corner of Haskell Road described in Book 10176, Page 124 and at a #6 rebar capped LS 1058, thence South 52° 28'44' East, 21.55 feet to the southwesterly corner of Haskell Road Extension as depicted on plan entitled Amended Final Subdivision Plan Haskell Road Subdivision Phase 2 - Webber Oil Company, dated July 6, 2006, revised June 4, 2007, and recorded in Penobscot County Registry of Deeds in Map File 2007 -96 and a #6 rebar capped LS 1058; thence along the southerly line of said Haskell Road Extension South 52° 28' 44" East, 83.45 feet to the southeasterly corner of said Haskell Road Extension and a #6 rebar capped LS 1058; thence along the easterly line of said Haskell Road Extension North 54° 02'32' East, 6.88 feet to the beginning of a 350.88 foot radius tangent curve concave to the northwest and a #6 rebar capped LS 1058; thence continuing along the easterly line of said Haskell Road Extension and along the arc of said curve 248.99 feet to the end of said curve and a #6 rebar capped LS 1058; thence continuing along the easterly line of said Haskell Road Extension North 13° 2259' East, 68.17 feet to the southwesterly corner of the easement area herein described and a #6 rebar capped LS 1058 at the True Point of Beginning; thence continuing along the easterly line of said Haskell Road Extension North 13° 22'59" East, 127.49 feet to the northwesterly corner of the parcel herein described and a #6 rebar capped LS 1058; {R0563839.1 38000-053890) Page 3 59 059 thence South 75° 22'00" East, 54.57 feet to the northeasterly corner of the herein described parcel and a #6 rebar capped LS 1058; thence South 18° 08'23" West, 126.74 feet to the southeasterly corner of the herein described parcel and a #6 rebar capped LS 1058; thence North 76° 37'01' West, 44.05 feet to the easterly line of said Haskell Road Extension and the #6 rebar at the point of beginning. Hereby conveying a portion of the land now or formerly of Webber Oil Company described as "THIRD" in deed of Eighty -Four Realty to Webber Oil Company dated September 27, 1988, recorded in Book 4328, Page 255, together with the described easements upon portions of said land. The premises are also conveyed SUBJECT, as applicable, to the following: 1. Easements granted to the City of Bangor by deed of Webber Oil Company dated November 2, 2005 and recorded in Book 10176, Page 126 of the Penobscot County Registry of Deeds. 2. Rights and easements granted by Webber Oil Company to Bangor Hydro -Electric Company by easement deed dated June 18, 1999 and recorded in Book 7090, Page 26 of the Penobscot County Registry of Deeds. The land (being Haskell Road Extension depicted on the Final Subdivision Plan of Haskell Road Subdivision Phase 3 to be recorded at the Penobscot County Registry of Deeds) and the easements herein described are conveyed for highway purposes. This deed is delivered pursuant to 23 M.R.S.A. § 3025 in connection with municipal subdivision approval of Phase 3 of Haskell Road Subdivision. IN WITNESS WHEREOF, WEBBER OIL COMPANY has caused this instrument to be signed in its corporate name as an instrument under seal by Michael T. Shea, its President, hereunto duly authorized, this WITNESS: 3 t day of D-ee-f- kei? , 2008. WEBBER OIL COMPANY By:/-� % U Michael T. Shea Its President Hereunto Duly Authorized (R0563839.1 38000,053890) Page 4 STATE OF MAINE PENOBSCOT COUNTY Aea 3I 2009 Then personally appeared the above-named Michael T. Shea in his aforesaid capacity and acknowledged the foregoing instrument to be his free act and deed in said capacity and the free act and deed of Webber Oil Company. Before me, N Notary Public (80563939.1 38000-053890) Page 5