HomeMy WebLinkAbout2012-01-23 12-063 ORDERCOUNCIL ACTION
Item No. 12 063
Date: January 23, 2012
Item/Subject: Order, Accepting Street in Phase 2 of the Edgewood Subdivision as Public
Ways and Streets — Tamarack Trail, Extended Southerly
Responsible Department: Engineering
Commentary:
Phase I of the Edgewood Subdivision was approved by the Bangor Planning Board on January 17,
2006 and recorded in the Penobscot Registry of Deeds on January 25, 2006, Plan Map No. 2006-17.
Map noted as Exhibit A.
The Order will accept the portion of Tamarack Trail extending from Partridge Lane extending
southerly. Phase 2 was approved by the Planning Board on January 18, 2011, recorded in the
Penobscot Registry of Deeds on April 22, 2011, Map File 2011-47. Map noted as Exhibit B.
This residential subdivision includes several streets that the City Engineer has determined have been
satisfactorily completed.
The attached Order is a routine action to formally accept this street as public way.
Arthur B. Morgan
Department Head
Manager's Comments:
Recommend approval.
Associated Information: Order, Location Maps, Deed
Budget Approval:
Legal Approval:
Introduced for
X Passage
First Reading
Referral
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ManagerCity
Finance Director
city- �Solicitor
Page _ of _
12 063
January 23, 2012
Assigned to Councilor - Gratwick
�. CITY OF BANGOR
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(TITLE.) Order, Accepting Street in Phase 2 of the Edgewood Subdivision as Public Ways and
Streets — Tamarack Trail, Extended Southerly
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 tweeds" and that such public rights expire If the municipality does not accept said
ways within 20 years from date of recording of the subdivision plan; and
WHEREAS, the subdivision plan entitled Edgewood Subdivision (Phase 2) prepared by Plisga and Day,
approvers by the Planning board on January 18, 2011 and recorded at the Penobscot County
Registry of Deeds on April 22, 2011, Map No. 2011-47; and
WHEREAS, the above reference plan would extend Tamarack Trail southerly; and
WHEREAS, there exists on the above referenced plan certain way identified as "Tamarack Trail" 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 ways referenced and depicted on the subdivision plan recorded in the
Penobscot County Registry of Deeds, as revised, and listed as follows are hereby accepted as Public Ways
and Streets by the City of Bangor:
Tamarack Trail (from Patrick Lane, extended southerly)
BE IT FURTHER ORDERED, THAT the names of the accepted Public Way be as listed above and said ways be
added to the Official City Map.
IN CITY COUNCIL
January 23, 2012
Passed
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INTERIM CI CrpX
# 12 063
(TITLE,) ArcEpTTNG STRF.E IN PHASE 2 OF THE
EDGEWOOn SUBDIVISION AS PUBLIC WAYS AND STREETS
. N; c S1'«y5�,j1 511 1 1 it
Assigned to Councilor _
12 0633
WARRANTY DEED
WALDEN PARKE, LLC, a Maine limited liability company with a place of business in Bangor,
County of Penobscot, State of Maine, as a gift and dedication of land for a town way pursuant to
23 M.R.S.A. § 3025, grants to the CITY OF BANGOR, a municipal corporation located in
Penobscot County, Maine, with Warranty Covenants, the real estate located in Bangor,
Penobscot County, Maine, described as follows:
The sixty-six foot (66') wide strip of land and the cul de sac at the end thereof
depicted as Tamarack Trail on the "Final Subdivision Plan Edgewood Subdivision
Phase 2" dated January 4, 2011, prepared by Plisga & Day, Land Surveyors,
recorded in the Penobscot County Registry of Deeds in Map File 2011-47 (the
"Plan). A reduced copy of said Plan being attached hereto as Exhibit A.
Meaning and intending to convey the extension of Tamarack Trail (Phase I) that
extends southerly from the portion thereof that was accepted as a town way by the
City of Bangor pursuant to an Order approved by the Bangor City Council on
December 11, 2006, a true copy of which is recorded in the Penobscot County
Registry of Deeds in Book 10941, Page 240. A reduced copy of the most recent
recorded plan (Map File 2006-17) showing the Phase I terminus of Tamarack
Trail is attached hereto as Exhibit B.
Also conveying a stormwater easement on and over the parcel of land depicted as
the "Storm Water Drainage Easement Area" on the Plan recorded in Map File
2011-47, said Easement Areal extending southeasterly from the easterly side of
Tamarack Trail.
EXCEPTING AND RESERVING to Grantor, its successors and assigns, the right to
install, maintain, repair, replace and use utility services, as defined in 33 M.R.S §458, within the
boundaries of Tamarack Trail.
For Grantor's source of title, reference may be had to: (1) Warranty Deed from Nate
Smith, Douglas F. Schmidt and Deborah J. Schmidt to Walden Parke, LLC dated September 17,
2004, recorded in the Penobscot County Registry of Deeds in Book 9543, Page 230 and/or (2)
Warranty Deed from Douglas Schmidt and Land Investment, Inc. to Walden Parke, LLC dated
September 17, 2004, recorded in the Penobscot County Registry of Deeds in Book 9543, Page
234.
IN WITNESS WHEREPF, Walden Parke, LLC has caused this instrument to de duly
executed on its behalf thisff Z1 ay of January, 2012.
WALDEN PARKE, LLC
V'ejj A By `-- .� ..L,, .11
Witness Frederick A. Oldenburg, r.
Member
STATE OF MAINE
PENOBSCOT, ss.
January2012
Then personally appeared the above-named Frederick A. Oldenburg, Jr. in his capacity as
a Member of Walden Parke, LLC, and acknowledged the foregoing instrument to be his free act
and deed in such capacity, and the free act and deed of the Limited Liability Company.
Before me,
Notary Public
Printed Name: 116r) IV
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