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� . , � August 28, 1996 Page 2 via said document wherein each of the benefitting lot owners covenants and agrees to permanently maintain and pay the costs of maintenance for the private road. Attachment 3 should appeaz as an easement of record in the chain of title of each of the benefitted Lots, including those later created when Outlots B and C were subdivided. It would have been prudent for the subdivider to create on behalf of the benefitted parcels a homeowners association at the time the subdivision was created. One benefit of such an association would be that ownership of the road could have been transferred to the association, allowing the developer to relinquish all control of the road to the association. However,this apparently was not done. It still can be, and perhaps should be. Absent a homeowners association, title to the road could be transferred to one of the benefitted property owners, however this might be less attractive from a liability standpoint. Absent any transfers of title currently unknown to the City,it is the City's position and understanding that title to the private road outlots is still held by the Estate of Hildur Hollander. The fact that the County tax records show"City of Orono" as taxpayer for the road outlots, is in our opinion an error due to the County tax department's inconect interpretation of the underlying easements. In 1982-83 Mrs. Hollander attempted to have the City take over ownership and maintenance of Hollander Road. That request was not approved by the City. It has been City policy since 1980 or earlier that rural subdivisions be served by privately owned and maintained roads. Enclosed are excerpts from the Orono Communitv Manaeement Plan (CMP) addressing rural transportation policies (Attachment 4). Most rural subdivisions approved in Orono since the mid-1970's rely on private roads platted as outlots. The only significant difference between your private road situation and the majority of others in the City, is that Hollander Road is a "through" road, rather than a cul-de-sac. However, Rural Transportation Policy No.4 on page 7-12 of the CMP suggests that private "through"roads will only be taken over by the City when a)the "through" configuration provides a general public benefit,and b) where the number of residences justifies public maintenance expense. It appears that the only benefit of the "through" configuration is to the 17 residences abutting Hollander Road, but not to the public in general, since it provides no connecting link between other roadways. The City has not established a threshold level as to the number of units served that would trigger conversion to public road status. There are at least two other 17-lot subdivisions in Orono served by private roads, one of which is also a "through" configuration(Fox Bend), hence your situation is not unique. Finally,I would draw your attention to City Ordinance#77, Second Series adopted January 8, 1990 (Attachment 5)which requires that "private roads must be opened to all people who own homes on that road and their invitees and to all people who could reasonably be expected to use that road to get to their private residences and their invitees." Additional regulations regarding private roads will �-