05-11-1999 Public Hearing - Woodhill CC

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I I I WOODHILL AVENUE: A PLATTED AND OPENED PUBLIC STREET FROM ORONO ORCHARD ROAD UP TO THE WOODHILL COUNTRY CLUB PROPERTY LINE. This street was initially platted and opened as a public street in 1887. The eastern 150 feet of Woodhill Avenue has always curved to the south outside of the 1887 platted right-of-way to avoid a steep hill. Although not in the 1887 plat, this portion of Woodhill Avenue has been a dedicated and open public street since it was dedicated by common law by the prior owners of the property, John Pillsbury and Alfred Crosby. (Affidavit of John Pillsbury.) Once the street was dedicated and used, it became an opened public street that can be closed only by public vacation proceedings which have never occurred. To the contrary, in 1987, this common law dedication of the last 150 feet of Woodhill Avenue was incorporated into a formal plat, extending in a triangle line from the original 1887 plat up to the Woodhill Country Club property line. The City of Orono has a duty to maintain a platted and opened public street and abutting land owners have a property right of access. In 1988, Woodhill Avenue was widened and paved. The parcel of Woodhill Country. Club abutting Woodhill Avenue (PID No. 02-117-2312-0001) was specially assessed $9,464.70 by the City of Orono for the improvement and the bituminous paving of Woodhill Avenue. Since state law flatly prohibits the imposition of special assessments on parcels of land that are not benefitted by improvements, the Woodhill property is deemed by law to be benefitted by the Woodhill Avenue paving. HISTORICAL USE OF WOODHILL AVENUE ACCESS For many years Woodhill Avenue, formerly “Hamlet Street," was the only public street access to the farm property now utilized by Woodhill (the original farmhouse and barns were located in the general vicinity of the current barn and maintenance building). Since approximately 1917, Woodhill Avenue has served as the secondary access to the country club. The primary traveled access is from Woodhill Road to County Road 15. From 1917 until 1980, Woodhill Avenue was used regularly by club members, guests, employees, and service and delivery vehicles. Over the years, Woodhill has had various types of gates on its west driveway, which have been opened and closed at various times. Since 1980, WCC has voluntarily limited access to pedestrians, bicyclists, and very limited vehicular traffic (maintenance staff and maintenance equipment). In 1980, a new chain was run between new concrete posts which were placed to allow vehicles to pass if the chain was removed. When Woodhill voluntarily imposed the limitations on vehicular traffic in 1980, the President of Woodhill wrote to the City of Orono as follows: Doc# 1II3102M