HomeMy WebLinkAbout2012-06-25 12-215 ORDERCOUNCIL ACTION
Item No. 12-215
Date: June 25, 2012
Item/Subject: Order, Accepting Streets in Lyon's Ledge, Phase 2 Subdivision — Brighton
Avenue and Wellesley Way
Responsible Department: Engineering
Commentary:
The Lyon's Ledge, Phase 2 Subdivision Plan dated May 26, 2008 was approved by the Bangor
Planning Board on April 21, 2009 and recorded in the Registry of Deeds, Plan #2009-67 on
September 4, 2009, and on file with the City of Bangor Engineering Department #SD 303. This
residential subdivision, located off Ohio Street, is served by Brighton Avenue and Wellesley Way.
The City Engineer has determined that Brighton Avenue and Wellesley Way has been satisfactorily
completed. This item has been reviewed by the Infrastructure Committee on June 19 and
recommended for approval.
Arthur B. Morgan, PE
Department Head
Manager's Comments:
Recommend approval.
City Manager
Associated Information: Order, Map
Budget Approval:
Finance Director
Legal Approval:
ity Solicitor
Introduced for
X Passage
First Reading Page _ of _
Referral
Assigned to Councilor Sprague
CITY OF BANGOR
12-215
JUNE 25, 2012
(TITLE.) Order, Accepting Streets in Lyon's Ledge, Phase 2 Subdivision- Brighton Avenue and Wellesley
Way
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 pian 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 Lyon's Legde, Phase 2 Final Subdivision Plat, prepared by Civil
Engineering Services, dated May 26, 2008, approved by the Bangor Planning Board on April
21, 2009, is recorded at the Penobscot County Registry of Deeds in Map File, Plan #2009-67
on September 4, 2009; and
WHEREAS, there exists on the above referenced plan certain ways identified Brighton Avenue and
Wellesley Way to be used by the public to access properties in this subdivision; and
WHEREAS, said public ways 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 1T 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:
Brighton Avenue
Wellesley Way
BE IT FURTHER ORDERED, THAT the name of the accepted Public Ways 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 and Wellesley Way in a form acceptable to the City Solicitor or Assistant City Solicitor.
IN CITY COUNCIL
June 25, 2012
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