HomeMy WebLinkAbout2012-08-27 12-273 ORDERCOUNCIL ACTION
Item No. 12-_271
Date: August 27, 2012
Item/Subject: Order, Accepting Street in Deer Pond Subdivision— Deer Pond Lane
Responsible Department: Engineering
Commentary:
Deer Pond Subdivision was approved by the Bangor Planning Board on April 15, 2008 and recorded
in the Penobscot Registry of Deeds on July 9, 2008, Plan #2008-166. This residential subdivision is
located off Kenduskeag Avenue and served by Deer Pond Lane. The City Engineer has determined
that Deer Pond Lane has been satisfactorily completed.
The attached Order is a routine action to formally accept these streets as a public way
Arthur B. Mor an
Department Head
Manager's Comments:
This was reviewed and recommended for approval at the August 20 Infrastructure Committee
meeting . A
City Manager
Associated Information: Order, Associated Maps
Budget Approval:
Finance Director
Legal Approval:
Introduced for
X Passage CONSENT
First Reading Page _ of _
Referral
12-273
AUGUST 27, 2012
Assigned to Councilor Sprague
CITY OF BANGOR
(TITLE.) Order, Accepting Street in Deer Pond Subdivision — Deer Pond Lane
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 Deer Pond Subdivision, Final Subdivision Plat, prepared by Kiser
and Kiser Engineering and Development Consulting, dated April 7, 2008 and approved by
the Planning Board on April 15, 2008 and recorded at the Penobscot Registry of Deeds on
July 9, 2008, Plan #2008-166; and
WHEREAS, there exists on the above referenced plan a certain way identified as Deer Pond to be used
by the public to access properties in this subdivision; and
WHEREAS, said public way on the above referenced plan have 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 listed
as follows is hereby accepted as a Public Ways and Streets by the City of Bangor:
Deer Pond Lane
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 Deer Pond
Lane in a form acceptable to the City Solicitor or Assistant City Solicitor.
IN CITY COUNCIL
August 27, 2012
Passed
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