HomeMy Public PortalAbout1984-082Member /4 /0/erna reintroduced the following resolution and moved
its adoption:
CITY OF MEDINA
RESOLUTION NO. 7- K2_
RESOLUTION APPROVING THE GEORGE HANSEN DIVISION
WHEREAS, George and Betty Hansen, hereinafter called the Sub-
divider, have requested subdivision approval of property located
at 2782 Willow Drive; and
WHEREAS, it is requested that the property consisting of ap-
proximately 63 acres be divided into four (4) lots, the legal des-
criptions of which are attached hereto and made a part hereof by
reference as Exhibits 1, 2, 3 and 4; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MEDINA, MINNESOTA, AS FOLLOWS:
1. That the application of George and Betty Hansen to subdivide
property located at 2782 Willow Drive and legally described
on Exhibits 1, 2, 3 and 4, is hereby approved, subject to the
following conditions:
a. The subdivision shall conform in all respects to the
Zoning Code and the Subdivision Regulations of the City
of Medina;
b. The subdivision shall conform in all respects to the
plans submitted and presented to the City Council of
the City of Medina;
c. Surface drainage easements shall be dedicated pursuant
to a legal description to be prepared by the Medina
City Engineer;
d. The applicant shall convey an easement for street and
utilities purposes over the westerly 30 feet of the
property which abuts Willow Drive;
e. That the Subdivider shall execute a Private Roadway
Agreement in the form provided by the City Attorney;
f. The existing driveway on the property shall be closed
and a new driveway installed at the expense of the Sub-
divider at the location shown on the approved plans;
g-
Park dedication fees shall not be assessed at this time.
DATED:
///2
, 19
��son Mayor
ATTEST:
Donna Roehl, Clerk/Treasurer
The motion for the adoption of the foregoing resolution was duly
seconded by member ..We-4.�.t and up/op vote being taken thereon,
the following voted in favor thereof: �/G;d/e4nt nl Sc,4e•,•G4., i¢,7d,v50,2,
/ e i5e,o,- C.(by and the following voted against same:
/✓o/Ve
Whereupon said resolution was declared duly passed and adopted.
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND MAINTENANCE AGREEMENT FOR A PRIVATE ROAD
THIS DECLARATION is made on the date hereinafter set forth by
the following persons, hereinafter referred to as the Owners.
WHEREAS, the persons set forth on Exhibit A are the Owners of
certain land in the City of Medina, State of Minnesota, hereinafter
called the Properties, which land is described on the said Exhibit
A and attached hereto and made a part hereof by reference.
NOW, THEREFORE, the Owners hereby declare that the Properties
shall be held, sold and conveyed subject to the following easements,
covenants, conditions, agreements and restrictions which are for the
purpose of providing ingress and egress to the Properties, and which
shall run with the land described in the Properties and which shall
be binding on all parties having any right, title or interest in the
land so described, or any part thereof, their heirs, successors and
assigns, and which shall inure to the benefit of each Owner thereof.
DEFINITIONS
1. Owner. One or more persons or entities, holding a fee simple
interest in a Residence Lot, or holding the vendee's interest
in a contract for deed on a Residence Lot, which interest has
been recorded in the office of the County Recorder, Hennepin
County.
2. Private Road. The grade, base, surface, ditches, culverts and
other elements and appurtenances which create a driving surface
upon the Road Easement which is suitable for vehicular traffic.
3. Residence Lot. A parcel of land which is one of the Proper-
ties set forth on Exhibit A, or which was created from the
Properties and approved by the City of Medina, and which con-
tains no more than one Dwelling Unit as defined in the Medina
Zoning Code.
4. Road Easement. The Right -of -Way serving the Residence Lots
for the purpose of ingress and egress and which is legally
described as set forth on Exhibit B which is attached hereto
and made a part hereof by reference.
PROPERTY RIGHTS
1. Owner's Easement Rights. Every Owner shall have an easement
for ingress and egress in and to the Road Easement. Said
easement shall be appurtenant to and shall pass with the title
to every Residence Lot.
2. Delegation of Use. An Owner may delegate the said right to
use the Road Easement to family members, tenants, guests and
invitees.
COVENANTS FOR CONSTRUCTION, RECONSTRUCTION
MAINTENANCE AND REPAIR
1. Construction and Repair. The Owners hereby agree to construct,
reconstruct, maintain and repair and Private Road on the Road
Easement and acknowledge that the City of Medina has no obliga-
tion to construct, reconstruct, maintain and repair the said
Private Road, and that the City of Medina does not intend to
acquire or open said Private Road as a public roadway.
2. Payment of Costs. The Owners hereby assume and agree to pay
an equal share, for each Residence Lot, of the cost of construc-
tion, reconstruction, maintenance and repair of the Private
Road. Such construction, reconstruction, amintenance and re-
pair shall be equal to or better than the standards set forth
in the Specifications for Private Roads adopted by the City
Council of the City of Medina and as may be required from time
to time by the ordinances of the City of Medina for Private
Roads.
3. Lien and Obligation for Assessments. The Owner of each Resi-
dence Lot hereby covenants, and each Owner of each Residence
Lot by acceptance of a deed therefor, whether or not it shall
be so expressed in such deed or other conveyance, is deemed to
covenant and agree to pay assessments established by the Owners
with respect to each Residence Lot, together with interest,
court costs and reasonable attorneys' fees required for collec-
tion thereof, which assessment shall be a charge on that Resi-
dence Lot and shall be a continuing lien upon that Residence
Lot. Each assessment, as described above, shall also be the
personal obligation of the Owner of the said Residence Lot when
the assessment fell due. The personal obligation for delinquent
assessments shall not pass to an Owner's successors in title un-
less expressly assumed by such successor. Such assessments shall
be for the exclusive purpose of the construction, reconstruction,
maintenance and repair of the Private Road.
4. Payment of Costs. Each Owner's Share of such assessments shall
be due and payable thirty (30) days after notice thereof by the
person or entity rendering an account for the costs of such con-
struction, reconstruction, maintenance and repair. The assess-
ment shall bear interest at the rate of eight percent (8%) from
the due date to the date of payment. Any Owner may bring an ac-
tion, on behalf of himself and all non -defaulting Owners, to
collect a defaulting Owner's assessment which has not been paid
when due, and shall be entitled to recover reasonable attorneys'
fees together with all necessary costs and disbursements incur-
red in connection therewith.
5. Approval of Plans. The plans, specifications and the awarding
of contracts for the construction, reconstruction, maintenance
and repair of the Private Road shall be approved in writing by
the Owners of no less than seventy-five percent (75%) of the
Residence Lots. No Owner may be exempt from the assessment
by waiving the use or enjoyment of the Private Road or by
abandonment of the Residence Lots. Plans and specifications
for construction, reconstruction, maintenance and repair shall
be in accordance with Specifications for Private Road approved
by the City of Medina.
RIGHTS OF THE CITY OF MEDINA
1. Right of Repair. In the event that the Owners fail to construct,
reconstruct, maintain and repair the Private Road in accordance
with the standards provided herein, it is agreed by all Owners
that the City of Medina may, at its discretion and option, under-
take the construction, reconstruction, maintenance and repair of
the Private Road and that any such action taken by the City of
Medina will not result in the establishment of a public roadway.
The Owners further covenant and agree that the costs incurred by
the City of Medina under this paragraph shall be divided among
and paid by the Owners in accordance with the formula set out in
Paragraphs 2, 3, and 4 of the preceding section. In the event
that any Owner shall default in such payment, the City of Medina
may, at its option, assess the said costs against the appropriate
Residence Lot, and certify said assessment to the County Auditor
and collect the same in a single payment as in the case of spe-
cial assessments for Public Improvements.
2. Conveyance of Easements. The Owners hereby convey to the City
of Medina, ,an easement for ingress, egress, construction, re-
construction, maintenance and repair over the Road Easement to
perform police calls, fire calls, rescue and other urgency
calls, inspections, animal control, street maintenance and re-
pair, street construction and reconstruction, snow removal, pro-
visision for adequate surface drainage, sanitary sewer, storm
sewer, water mains, and other utilities, weed control, Dutch
Elm control, installation of cable television, or other public
services deemed necessary by the City Council. The cost of any
such work performed pursuant to this section shall be assessed
against the Residence Lots pursuant to Paragraph 1 of this sec-
tion. The City of Medina does not undertake to perform any of
the work outlined in this paragraph but reserves to itself the
option to so perform.
MISCELLANEOUS PROVISIONS
1. Restrictions on Use. No Owner shall obstruct or interfere with
the right or privileges of the other Owners in the Private Road
nor shall any Owner alter, construct, remove or obstruct the
Private Road. Upon any violation of this section, any Owner
shall have the right to restore the Private Road to its prior
condition and cause the cost thereof to be assessed against the
Owner violating this section. _The costs, including reasonable
attorneys' fees, incurred by any Owner in protecting vested
-3-
rights by an action at law or in equity against another Owner
shall be recoverable in said action.
2. Subordination of the Lien to Mortgages. The lien of any as-
sessment provided for herein shall be subordinate to the lien
of any first mortgage.
3. Restrictions on the Number of Users. No more than four Pro-
perties may be served by the Private Road, and Building Permits
will be issued for no more than four Dwelling Units using the
private Road.
4. Duration. The covenants, conditions and restrictions of this
Declaration shall run with the land and shall be binding on all
persons claiming ownership thereunder for a period of thirty
(30) years from the date this Declaration is recorded. There-
after, the covenants, conditions and restrictions of this Dec-
laration shall be automatically extended for successive years
of 10 years, unless an instrument signed by the Owners of not
less than 75% of the Residence Lots, and approved by the City
of Medina, agreeing to change said Covenants, conditions and
restrictions, in whole or in part, have been recorded. Amend-
ments to the Declaration also require the approval of 75% of
the Owners and the City of Medina.
IN WITNESS WHEREOF, the parties hereto have executed this Dec-
laration on the day and year indicated below.
OWNERS
DATED:
NM,/
DATED:
CITY OF MEDINA -
omas Ande
DATED:
stin, Mayor /
Donna Roehl, Clerk/Treasurer
DATED: / / -- `'l