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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