HomeMy Public PortalAbout1980-37Member Thomas Cros 4Ntroduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 80-37
RESOLUTION APPROVING THE ROBERT McCREA DIVISION
WHEREAS, Robert McCrea has requested the approval of a division of a
parcel which is legally described on Exhibit A and attached hereto and made a
part hereof by reference;
NOW, THEREFORE, Be It Resolved by the City Council of the City of Medina,
that the McCrea division be approved as set forth on Exhibit A, subject to the
following conditions:
1. That the divided parcel set forth on Exhibit A be combined with
the existing McCrea property to the north, to form a single
lot of record;
2. That a private easement for ingress and egress, 60 feet in width,
be provided over the Southerly 60 feet of the parcel described
on Exhibit A.
Dated: Dec, 16, 1980
ATTEST:
Aiyt.[:a/
CLERK
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Acting MAYOR
The motion for the adoption of the foregoing resolution was duly seconded by
memberNan cy Lau rd4g, upon vote being taken thereon, the following voted in
favor thereof: Reiser, Crosby, Laurent, Lutz
and the following voted against same: None
Whereupon said resolution was declared duly passed and adopted.
Absent: Anderson
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EXHIBIT A
Legal Description:
That part of the West 990 feet of the Northwest Quarter
of Section 27, Township 118, Range 23 which lies Northerly
of the following described line: Commencing at the South-
east corner of the Southeast Quarter of the Northwest
Quarter of said Section 27; thence Westerly, along the South
line of said Southeast Quarter of the Northwest Quarter, a
distance of 770 feet; thence Northerly, parallel with the
North and South center line of said Section 27, a distance
of 1815.00 feet to the actual point of beginning of the -line
to be described; thence Westerly to a point in the West lire
of said Northwest Quarter distant 1810.00 feet Northerly, as
measured along said West line, from the Southwest corner of
said Northwest Quarter and there terminating.
Except the North 600 feet of the Wes':. 450 feet thereof.
Additional Provisions of Warranty Deed:
1) There shall be a reservation of a non-exclusive
easement for ingress and egress over and upon the
Southerly 60 feet of the property conveyed for the
benefit of Seller's land lying East of the property
to be conveyed. Said easement shall allow the owner
of the dominant or benefited land (at the owner's
expense) to construct and maintain a roadway over
the land subject to the easement. Being a non-
exclusive easement the owner or owners of the
servient land shall have the right to use the same.
The owner owners of +he servi cot estate may of
their expense prior to the construction of a roadway
over the area subject to the easement build and
maintain fences, landscape the same, plant and
harvest crops thereon, and graze livestock thereon,
but upon notice from the owner or owners of the
dominant estate that a roadway is to be built
they will at their own expense remove, rebuild, or
relocate any fences on the area where the road is
to be built and remove any landscaping or crops
which would interfere with the construction or use
of the roadway. At such time as the roadway is
built the owners of the dominate estate shall
either release or quit claim to the underlying
fee owner or owners any part of the easement area
which is surplus but the owner or owners of the dominant
estate shall not be required to release or quit claim
any part of the easement area not used as a roadway if
applicable municipal ordinances and regulations shall
require that such area be retained as an easement.
2) The warranty deed shall restrict the land conveyed
for a period of thirty (30) years from the date of
conveyance so that not more than two (2) houses or
residences may be constructed thereon.
C. 3) The warranty deed shall provide that the owner of each
i�j separately owned parcel of the servient estate which
uses the roadway in the easement area shall contribute
to the repair and maintenance of the roadway, including
snow plowing and removal. The share of the cost to
be paid by each owner of a parcel of land using the
roadway shall be based upon the total number of
separately owned parcels of the servient and dominant
estates.
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