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HomeMy WebLinkAbout2012-08-13 12-260 ORDERCOUNCIL ACTION Item No. 12-260 Date: August 13, 2012 Item/Subject: ORDER, Accepting Quitclaim Deeds from Springer Place Development Corporation and Cobalt Properties, LLC for the Springer Drive Right -of -Way Responsible Department: Engineering Commentary: In 1991, as part of the original Wal-Mart development on Springer Drive, the City required Webber Oil Company to build a new right turn lane from Springer Drive to Hogan Road. The land beneath a portion of this lane, however, was never transferred to the City. The land has since changed hands, but remains privately owned. The proposed Order would allow the owners of the two lots closest to Hogan Road on the northern side of Springer Drive, Cobalt Properties LLC and Springer Place Development Corporation, to transfer the land underneath and adjacent to Springer Drive to the City. This will give the City proper title to this land. The Order also allows for Declarations of No Action to be signed. These provide that the property owners are not responsible for nonconformities stemming from the sale of land to the City, so long as those nonconformities are not later expanded. Given the small scale of the transfer and the location of the land in question, any such nonconformities should be minimal. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for x Passage First Reading Referral Department Head W -PI �� M ManagerCity Finance Director City Solicitor 12-260 AUGUST 13, 2012 /���� Assigned to Councilor Sprague 0 '�� �BaN OS` IdG � ~' CITY OF BANGOR (TITLE.) ORDER, Accepting Quitclaim Deeds from Springer Place Development Corporation and Cobalt Properties, LLC for the Springer Drive Right -of -Way WHEREAS, as part of developing the original Wal-Mart on Springer Drive, Webber Oil Company provided an additional lane for vehicle traffic to turn from Springer Drive onto Hogan Road; WHEREAS, the land underlying this new lane was never transferred to the City of Bangor; WHEREAS, this land is used and maintained as a public way, and therefore should be owned by the City; and WHEREAS, the current owners of the property in question, Springer Place Development Corporation and Cobalt Properties LLC, do not object to transferring the land to the City; By the City Council of the City of Bangor. ORDERED, THAT the City Manager is hereby authorized to accept Quitclaim Deeds from Springer Place Development Corporation and Cobalt Properties LLC for a section or sections of land underneath and adjacent to Springer Drive in Bangor. BE IT FURTHER ORDERED THAT the City Manager is hereby authorized to enter into Declarations of No Action with Springer Place Development Corporation and Cobalt Properties, LLC in connection with the aforementioned Quitclaim Deeds stating that the City will take no action as a result of any nonconformities that are thereby created or expanded, provided such nonconformities are not subsequently expanded or increased. All the aforementioned documents shall be in final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL AUGUST 13, 2012 PASSED 4�j 0 (TITLE,) CITY COUNCIL Assigned to Councilor