Montville Lakes (aka Blue Heron) - Medina County Department of

Transcription

Montville Lakes (aka Blue Heron) - Medina County Department of
Planning Commission
Revised Preliminary Plan & Replat
Montville Lakes (aka Blue Heron)
Montville Township App. Nos. 036-2014-RPP &037-2014-R
Meeting: June 4, 2014 postponed to July 2,
2014 per applicant’s 5/27/2014
request
Owners: Hoffman Properties Ltd Partnership,
Blue Heron Golf Course, LLC, and
6061 River Styx, LLC
Area:
687.37 acres (total)
Sublots: 4 new single-family & 1 new
commercial (439 res. units total)
1 new Future Dev. (6.29 ac) 10
new Open Space (191.83 ac)
435.47 acres total Open Space
Zoning:
R-1 and R-2 Residential, PUD
Option
Utilities:
Central water and sewer
School Dist: Highland Local and Medina
City
Reviewer:
Rob Henwood
Blocks:
Background: Montville Lakes is located on
the north side of Sharon Copley Road (State
Route [SR] 162), west of River Styx and
Interstate 71 (I-71), in Montville Township.
Railroad right-of-way owned by the Wheeling
and Lake Erie Railroad traverses the
subdivision. The first and second phases of
Montville Lakes were reviewed and approved
by the Medina County Planning Commission
(MCPC) and constructed during the early
1990s. Phases 1 and 2 have access to
Ridgewood Road and are located east of I-71
and north of the railroad tracks. The Blue
Heron portion of the subdivision, Phases 3AC, 4, and Lookout Pointe are located south
and west of the railroad tracks and have access to
SR 162. A detailed MCPC approval history is
included in the table below.
Zoning: Montville Lakes was developed as a
conditional use Planned Unit Development (PUD).
A Conditional Zoning Certificate was issued by the
Township Board of Zoning Appeals on October 1,
2001.
Proposals: The Revised Preliminary Plan and the
Replat propose the following changes to the
subdivision:

Creation of five new sublots (307 through
311). Proposed Sublot 311 is comprised of
existing Open Space Blocks RR and YY
which contain the clubhouse and a
maintenance building.
Subdivision Stage
Preliminary Plan
Rev. Preliminary Plan
Rev. Preliminary Plan
Final Plat
Rev. Preliminary Plan
Replat
Final Plat
Phase
3A
Approval
Date
March 2001
Nov. 2001
July 2002
July 2002
Feb. 2005
Feb. 2005
Dec. 2006
3B
3C
Lookout
Final Plat
Pointe Dec. 2006
Final Plat
4
Jan. 2007
Transfer
MCPC Consideration of parcels Aug. 2012
Montville Lakes, Revised Preliminary Plan and Replat



Creation of a new Block GG-1 for future development. The creation of this block will
require modification or elimination of previously platted blocks.
Creation of 10 new open space blocks (DD-1, EE-1, N-1, QQ-1, R-3, S-3, W-2, W-3, W4, and X-1). The creation of these blocks will require modification or elimination of
previously platted blocks.
Reconfiguration of Sublots 239, 240, 262, 272, 274, and 290. The reconfiguration of
these sublots will require modification of previously platted blocks. 1
The Replat also proposes to remove a note that was included on the Final Plats of Montville
Lakes Final Plats Phases 3B and 4: the note reads as follows, “golf course blocks are not to be
transferred individually without Planning Commission approval.” The applicant proposes to file
or record an affidavit or other document and include a recording reference on the Replat to effect
the removal of the aforementioned note on the Phase 3B and 4 plats (complete text of the
proposed affidavit/document is attached).
Comments:
1.
It is difficult to separate the discussion of the Revised Preliminary Plan and the Replat as
they both propose the same actions with the exception of the removal of the note
regarding Planning Commission (PC) approval of transfers (this discussion is limited to
the Replat only).
2.
Ohio Revised Code section 711.24 specifically address changes proposed in Replats that
may “injuriously effect” property owners within the subdivision. The statute reads as
follows:
Any person owning, either jointly or severally, and either in his own right
or in trust, and having the legal title to any land laid out in town lots, not
within the limits or subject to the control of a municipal corporation, may
change such lots and the streets and alleys bounding them by making,
acknowledging, and having recorded, as provided in sections 711.01 to
711.38, inclusive, of the Revised Code, a new plat of such land, and
having the proper transfers made in the office of the county auditor. No
such change shall be made if it injuriously affects any lots on the streets
or alleys, or within the plat so changed, unless all the owners of the lots
so affected are parties joining in making the change, or such owners
give their consent in writing on the new plat, which is recorded
therewith [emphasis added by author].
The Prosecutor’s office has advised staff that the PC must determine if the changes
proposed in the Replat are injurious to existing property owners. The Prosecutor’s office
also advised that a meeting must be held to allow the applicant and the property owners
the opportunity to present evidence to the PC demonstrating if the proposed changes
cause injury or not. If a property owner is deemed to have been injured by changes
proposed in the Replat, that property owner becomes signatory to the Replat document.
1
For purposes of this staff review, the following documents are utilized: Revised Preliminary Plan: Montville
Lakes Subdivision. Revision 3, 6/5/2014. Lewis Land Professionals, Inc. Sheet numbers 1 & 2. Submitted
6/19/2014 and Montville Lakes Subdivision Phase 5. Lewis Land Professionals, Inc. Sheet numbers 1 - 14.
Submitted 6/19/2014.
Medina County Planning Commission
Page 2 of 9
July 2, 2014
Montville Lakes, Revised Preliminary Plan and Replat
3.
4.
Refusal of an aforementioned injured property owner/s to sign the proposed Replat would
render the application mute.
Given the above discussion regarding the determination of injury, staff recommends the
PC evaluate the proposed subdivision as follows:
a.
Determination of injury.
b.
Revised Preliminary Plan.
c.
Replat.
The PC shall make each decision separately and each decision must be made by separate
motion.
A. DETERMINATION OF INJURY
Staff has developed the following framework to assist the PC determine if changes proposed by
the Replat are injurious to owners in the subdivision. The matrix below relies on the following
assumptions:
1.
Impacted property owners are defined as those located immediately adjacent to or across
the street from a proposed change unless otherwise specified.
2.
In the case of proposed Sublot 311 impacted property owners were defined as those
located between said sublot and the nearest entrance to the subdivision; the entrance
located at the intersection of Blue Herron Trace and SR 162.
Injury
Proposed Change
New Sublot 307
New Sublot 308
New Sublot 309
Impacted
Sublot*
Location
Parcel No.
Owner
Parviz
Baghaii
Built?
(yes/no)
Potential
Injury?
(yes/no)
yes
yes
Rationale
New residential building is proposed in an adjacent
area previously designated as open space
195
Adjacent
030-11B-33-040
183
Across St.
030-11B-33-028
Penton
Dev. LLC
no
yes
New residential building is proposed in an adjacent
area previously designated as open space
184
Across St.
030-11B-33-029
Laurie
O`Connor
Trustee
yes
yes
New residential building is proposed in an adjacent
area previously designated as open space
221
Adjacent
031-11B-34-020
yes
yes
New residential building is proposed in an adjacent
area previously designated as open space
222
Adjacent
031-11B-34-021
no
yes
New residential building is proposed in an adjacent
area previously designated as open space
237
Across St.
031-11B-34-036
no
no
Property owned by developer
238
Across St.
031-11B-34-037
Montville
Lakes Dev
Co Inc
no
no
Property owned by developer
292
Across St.
031-11B-34-068
Montville
Lakes Dev
Co Inc
no
no
Property owned by developer
293
Across St.
031-11B-34-069
Montville
Lakes Dev
Co Inc
no
no
Property owned by developer
294
Across St.
031-11B-34-070
David E &
Roberta
Perkins
no
yes
New residential building is proposed in an adjacent
area previously designated as open space
031-11B-39-042
Robert L
Smith &
Michelle D
McFarlandSmith
no
yes
New residential building is proposed in an adjacent
area previously designated as open space
271
Adjacent
Medina County Planning Commission
Marc C &
Gail R
Houk
Dean
Gommel &
AC
Ciancone
Montville
Lakes Dev
Co Inc
Page 3 of 9
July 2, 2014
Montville Lakes, Revised Preliminary Plan and Replat
Injury
Proposed Change
New Sublot 310
New Proposed
Block GG-1 "For
Future
Development"
Reconfigure
Sublot 239
Reconfigure
Sublot 240
Reconfigure
Sublot 262
Reconfigure
Sublot 272
Reconfigure
Sublot 274
Reconfigure
Sublot 290
Change Open
Space Blocks RR
and YY into
Sublot 311
Impacted
Sublot*
Location
Parcel No.
274
Adjacent
031-11B-39-042
247
Adjacent
031-11B-34-046
248
Adjacent
031-11B-34-047
n/a
n/a
n/a
155 - 206
Located
on shared
roadway
multiple
Owner
Montville
Lakes Dev
Co Inc
Montville
Lakes Dev
Co Inc
Nicola &
Louise
Gentile
n/a
multiple
Built?
(yes/no)
Potential
Injury?
(yes/no)
no
no
Property owned by developer
no
no
Property owned by developer
no
yes
New residential building/s are proposed in an adjacent
area previously designated as open space. New
development could move the terminus of Upland
Ridge Dr. to the south to allow additional sublot/s.
no
no
Parcel reconfigurations are inconsequential to
surrounding property owners
15 of 22
possible
Rationale
Traffic volumes may change with changes of use, but
it is not clear how to evaluate potential future volumes
versus past volumes.
Staff Comments:
1.
There is potential for injury when a new sublot is proposed on adjacent property
previously designated as open space.
2.
When the developer retains ownership of a sublot any injury caused by changes to the
subdivision would be self-imposed and immaterial for this purpose.
3.
The applicant submitted an excerpt from the recorded covenants and restrictions for the
Montville Lake subdivision Section 2.3 which states “[d]eclarant reserves the right to…
increase or decrease the number of Lots in the Subdivision” (see attached Exhibit B for
the complete text submitted). All owners in the subdivision are subject to the covenants
and restrictions.
4.
While it seems that there are potential owners that can reasonably argue that the proposed
changes would cause harm, the declarant’s ability to increase the number of lots
effectively nullifies a property owner’s ability to claim harm.
5.
It is staff’s opinion that no harm results from the changes proposed by the Revised
Preliminary Plan or Replat.
Recommendation: The Department of Planning Services recommends that the Medina County
Planning Commission determine THAT NO INJURIOUS AFFECTS TO OWNERS
RESULT FROM CHANGES proposed by the Revised Preliminary or Replat of the Montville
Lakes Subdivision.
Medina County Planning Commission
Page 4 of 9
July 2, 2014
Montville Lakes, Revised Preliminary Plan and Replat
B. REVISED PRELIMINARY PLAN
Agency Comments:
Montville Township Zoning, Paul Jeffers, 6/30/2014. On June 16, 2014, the Revised Master
Plan and Replat of Montville Lakes Ph. 3&4 came before the Board of Zoning Appeals for
preliminary review. The board listened to all parties present that wished to voice their testimony
of facts. Through extensive deliberations, the board concluded that the Declaration of
Restrictive Covenants allowed for changes of the Master Plan and the replatting of subdivision
lots was a legal right of the declarant. The board was unanimous on their decision to accept the
Revised Master Plan and the Replat of Montville Lakes 3 & 4 to include the additional lots and
blocks and also the addition of Block GG-2. The Zoning Office has placed more than the usual
care with this matter and has verified the compliance of the Zoning Resolution with the proposed
changes – the changes comply with the PUD regulations and therefore should be accepted.
Medina County Soil and Water Conservation District, Jim Dieter, 6/25/2014. No comments.
Highway Engineer (HE), Andy Conrad, 6/19/2014.
1.
Eliminate the creation of Sublot 308 due to the proximity of the stream. This is why this
area was open space previously.
2.
Eliminate the creation of Sublot 310. The driveway will most likely interfere with the
future maintenance of the public storm sewer. If the Sublot is allowed, the storm sewer
will need to removed and replaced with a concrete storm sewer prior to the County
Engineer signing the plat.
3.
Any new sublots would require utility service connections to be installed.
4.
How would any new sublots be accessed for their portion of the drainage maintenance
fund?
Health Department, Steve Mazak, 6/18/2014. No comments.
City of Medina Fire Department, Mark Crumley, 5/20/2014. No comments.
Sanitary Engineer (SE), Jeremy Sinko, 5/12/2014. APPROVED
Columbia Gas, Russ Johnson, 5/12/2014. No facilities.
Staff Comments:
1.
The following commentary assumes that the PC determines that no injury will occur as a
result of the proposed changes to the subdivision or that there are no impediments to the
subdivision applications.
2.
The following required data/information was not provided on or with the Preliminary
Plan (Subdivision Regulations (Sub Reg) section references are included):
a.
Wetlands –The developer shall contact in writing the applicable U.S. Army Corp
of Engineers District Office (USACE) regarding the proposed subdivision, and
shall submit such correspondence to the MCPC as a condition of Preliminary Plan
approval. § 404(C)(2)c.18. Submit USACE correspondence if applicable.
Medina County Planning Commission
Page 5 of 9
July 2, 2014
Montville Lakes, Revised Preliminary Plan and Replat
b.
3.
4.
5.
6.
All related watershed boundaries, indicating in which watershed the subdivision is
located, and all known underground drainage tile systems. This may be presented
as a map insert on the same page. § 404(C)(2)d.4. Provide a map inset
indicating watershed boundaries.
The “Covenants and Restrictions” for the Homeowner’s Association has been reviewed
and approved by the Medina County Prosecutor’s Office.
The Revised Preliminary Plan is consistent with township zoning (see township comment
above).
Block EE should be labelled as Block EE-1.
A street stub and a reservation strip must be shown at the terminus of Upland Ridge
Drive in order to access Block GG-1 if more than one sublot or unit is to be proposed. A
note shall be added indicating the reservation strip will be automatically rescinded upon
further dedication and extension of the street. These changes must be shown on Sheets 1
and 2.
Recommendation: The Department of Planning Services recommends that the Medina County
Planning Commission APPROVE WITH MODIFICATION the Revised Preliminary Plan for
Montville Lakes Subdivision subject to the following:
1.
Remove Sublot 308 per the HE comments above.
2.
Remove Sublot 310 per the HE comments above or make the above mentioned changes
to the storm sewer.
3.
Satisfy the remaining HE comments.
4.
Provide the following data/information on or with a corrected Final Plat:
a.
Submit USACE correspondence if applicable.
b.
Provide a map inset indicating watershed boundaries.
5.
Change the label on Block EE to Block EE-1.
6.
Add a street stub and a reservation strip at the terminus of Upland Ridge Drive in order to
access Block GG-1 if more than one sublot or unit are to be proposed. Also add a note
indicating the reservation strip will be automatically rescinded upon further dedication
and extension of the street.
C. REPLAT
Agency Comments:
Montville Township Zoning, Paul Jeffers, 6/30/2014. The Zoning Office has… verified the
compliance of the Zoning Resolution with the proposed changes – the changes comply with the
PUD regulations and therefore should be accepted.
Medina County Soil and Water Conservation District, Jim Dieter, 6/25/2014. No comments.
Tax Maps, Beth Mika, 6/24/2014
1.
List sublots that are being created by replat in heading (ex. 239A, 240A)
2.
‘R-2’ is part of Phase 3B and should be moved in the heading.
3.
All properties that are a part of this replat, and are in the name of:

Blue Heron Lakes LLC (various blocks)
Medina County Planning Commission
Page 6 of 9
July 2, 2014
Montville Lakes, Revised Preliminary Plan and Replat



Montville Lakes Development Co Inc. (various blocks and sublots)
PJWK Land Company Limited (Sublot 240)
6061 River Styx LLC (various blocks)
Must be transferred to a single entity before this plat files, and the signature of that
owner must be part of this plat.
Highway Engineer (HE), Andy Conrad, 6/19/2014.
1.
Eliminate the creation of Sublot 308 due to the proximity of the stream. This is why this
area was open space previously.
2.
Eliminate the creation of Sublot 310. The driveway will most likely interfere with the
future maintenance of the public storm sewer. If the Sublot is allowed, the storm sewer
will need to removed and replaced with a concrete storm sewer prior to the County
Engineer signing the plat.
3.
Any new sublots would require utility service connections to be installed.
4.
How would any new sublots be accessed for their portion of the drainage maintenance
fund?
Ohio Department of Transportation, Kathryn Sharpnack, 6/18/2014. No comments.
Health Department, Steve Mazak, 6/18/2014. No comments.
City of Medina Fire Department, Mark Crumley, 5/20/2014. No comments.
Sanitary Engineer (SE), Jeremy Sinko, 5/12/2014. APPROVED
Columbia Gas, Russ Johnson, 5/12/2014. No facilities.
Staff Comments:
1.
The following commentary assumes that the PC approves the Revised Preliminary Plan.
2.
The following required data/information was not provided on or with the Replat (Sub
Reg section references are included):
a.
FEMA 100-year floodplain (floodway and floodway fringe shall be indicated
separately, if applicable) and 100-year flood elevations. § 404(D)(2)f.11. Show
FEMA 100-year flood plain.
b.
Total site data - Including acreage, number of residential lots, acres in parks, open
space and other public uses, acres in blocks and acres in right-of-way. §
404(D)(2)f.13. Show area of new Sublots 307-310 (unless removed per HE)
and reconfigured Sublots 339A, 340A, 262A, 272A, 274A, and 290A.
c.
Signature and seal of a Registered Surveyor on each sheet. § 404(D)(2)f.16.
Provide signature and seal of the surveyor on Sheet 1-14.
d.
Notarized certification by the owner or owners of the subdivision and the offer of
the dedication of streets and other public areas and that there are no unpaid taxes
or assessments against the land contained in the plat. § 404(D)(2)f.17. Provide
notarized signature of the owners and add the statement that “there are no
unpaid taxes or assessments against the land contained in the plat.”
Medina County Planning Commission
Page 7 of 9
July 2, 2014
Montville Lakes, Revised Preliminary Plan and Replat
e.
3.
4.
5.
6.
7.
8.
9.
10.
Certification from the Township that the Final Plat as submitted is in compliance
with local zoning standards and requirements. Such Certification shall be in the
form of an executed signature block on the original mylar and signed by at least
two of the Township Trustees. § 404(D)(2)g.1. Add a signature block and
provide signatures of at least two of the township trustees.
f.
A subdivision served by a public central sanitary sewer [and public central water]
shall be certified by the SE stating all required wastewater disposal facilities and
central water facilities have been satisfactorily installed or adequate financial
guarantees have been approved. Such Certification shall be in the form of an
executed signature block on the original mylar. § 404(D)(2)g.4. Provide the
signature of the SE.
g.
Certification of County Engineer that all required improvements have been
satisfactorily installed or financial guarantees have been provided to cover all
construction and stating, “Construction plans have been approved.”
§
404(D)(2)g.5 and 8. Add the above HE statement and provide the signature of
the CE.
h.
Acceptance of offers of dedication by County Commissioners, when all
improvements have been constructed, or financial guarantees and construction
agreements have been approved. § 404(D)(2)g.6. Provide the signature of the
County Commissioners.
i.
Protective covenants, conditions and restrictions… shall be either shown on the
plat or recorded separately as a separate instrument, provided volume and page
reference thereto is indicated on the plat. § 404(D)(2)h and i. Provide a note
indicating the subdivision is governed by a homeowner’s association and
provide a volume and page reference to the recorded protective covenants,
conditions, and restrictions documents.
The “Covenants and Restrictions” for the Homeowner’s Association has been reviewed
and approved by the Medina County Prosecutor’s Office.
The Replat title must be edited as follows:
a.
Edit the Blocks being created as follows:
i.
Block S-2 should be shown as Block S-3.
ii.
Add Block GG-1.
b.
Remove Block U from the list of Blocks being Replatted as shown in the
Montville Lakes Phase 3B Plat.
Change the label for Block S-2 to S-3 on Sheets 3 and 6.
Add a street stub and a reservation strip at the terminus of Upland Ridge Drive in order to
access Block GG-1 if more than one sublot or unit are to be proposed. Also add a note
indicating the reservation strip will be automatically rescinded upon further dedication
and extension of the street. These changes shall be shown on Sheet 8.
The proposed Replat is in substantial conformity with the approved Revised Preliminary
Plan and conditions of approval.
The Replat conforms with the Montville Township Zoning Resolution (see township
comment above).
The SE has determined that all required central water facilities have been satisfactorily
installed or adequate financial guarantees have been approved (see SE comments above).
Upon receipt of HE certification of approval of the construction drawings, the Director is
authorized to execute the Final Plat on behalf of the MCPC upon certification by the HE
Medina County Planning Commission
Page 8 of 9
July 2, 2014
Montville Lakes, Revised Preliminary Plan and Replat
11.
that the construction is complete or that adequate financial guarantees have been
provided.
Per conversations with the Medina County Prosecutor’s Office, the filing of an affidavit
or other document and including a recording reference on the Replat to effect the removal
of the note restricting the transfer of “golf course blocks” as shown on the Phase 3B and
4 plats, is not appropriate. The Replat document can remove the note. The applicant
shall add language to the title describing the removal of the note.
Recommendations: The Department of Planning Services recommends that the MCPC
APPROVE WITH MODIFICATION the Replat of the Montville Lakes Subdivision subject to
the following:
1.
Transfer all properties that are a part of this Replat into a single entity and edit the
signature blocks per Tax Map comment above.
2.
Satisfy the remaining Tax Map comments above.
3.
Remove Sublot 308 per the HE comments above.
4.
Remove Sublot 310 per the HE comments above or make the above mentioned changes
to the storm sewer.
5.
Satisfy the remaining HE comments.
6.
Provide the following data/information on or with a corrected Replat:
a.
Show FEMA 100-year flood plain.
b.
Show the area of new Sublots 307-310 (unless removed per HE) and reconfigured
Sublots 339A, 340A, 262A, 272A, 274A, and 290A.
c.
Provide signature and seal of the surveyor on Sheets 1-14.
d.
Provide notarized signature of the owners and add the statement that “there are no
unpaid taxes or assessments against the land contained in the plat.”
e.
Add a signature block and provide signatures of at least two of the township
trustees.
f.
Provide the signature of the SE.
g.
Add the above HE statement and provide the signature of the HE.
h.
Provide the signatures of the County Commissioners.
i.
Provide a note indicating the subdivision is governed by a homeowner’s
association and provide a volume and page reference to the recorded protective
covenants, conditions, and restrictions documents.
7.
Change the label for Block S-2 to S-3 on Sheets 3 and 6.
8.
Add a street stub and a reservation strip at the terminus of Upland Ridge if more than one
sublot or unit are to be proposed. Also add a note indicating the reservation strip will be
automatically rescinded upon further dedication and extension of the street. These
changes shall be shown on Sheet 8.
9.
Add language to the title describing the removal of the note restricting the transfer of
“golf course blocks” as shown on the Phase 3B and 4 plats.
Attachments: Revised Preliminary Plan
Replat
Exhibit A: Proposed affidavit text
Exhibit B: Covenants and Restrictions excerpt
R:\arcview\wp_planning\major_subdivisions\2014\montville_lakes\montville_lakes_preplan_replat_07022014.doc
Medina County Planning Commission
Page 9 of 9
July 2, 2014
Exhibit A: Proposed affidavit text
Whereas: On Medina County Recorder’s records plat 2005PL000051 for Montville Lakes
Subdivision Phase 3B the following parcels were designated “GOLF COURSE BLOCKS”:
Block “AA”
Block “BB”
Block “CC”
Block “DD”
Block “EE”
Block “FF”
Block “GG”
Block “HH”
Whereas: On Medina County Recorder’s records plat 2007PL000065 for Montville Lakes
Subdivision Phase 4, the following parcels were designated “GOLF COURSE BLOCKS”:
Block “MM”
Block “NN”
Block “OO”
Block “PP”
Block “QQ”
Block “RR”
Block “SS”
Block “YY”
Whereas: On Medina County Recorder’s records plat 2005PL000051 for Montville Lakes
Subdivision Phase 3B and recorded plat 2007PL000065 for Montville Lakes Subdivision Phase 4
appears the following restriction placed by the Medina County Planning Commission:
“NOTE: GOLF COUSE BLOCKS ARE NOT TO BE
TRANSFERRED INDIVIDUALLY WITHOUT PLANNING
COMMISSION APPROVAL”
1
Whereas: On June 16, 2014 the Montville Township Board of Zoning Appeals approved a
revised Master Plan for Montville Lakes Subdivision Planned Unit Development deleting from
the Master Plan for Montville Lakes Subdivision Planned Unit Development the 27 hole golf
course known as Blue Heron Golf Course.
Whereas: On June 16, 2014 the Montville Township Board of Zoning Appeals approved new
uses for said blocks referenced in recorded plat 2005PL000051 for Montville Lakes Subdivision
Phase 3B recorded plat 2007PL000065 for Montville Lakes Subdivision Phase 4.
RESOLVED: The restriction placed by the Medina County Planning Commission on Medina
County recorded plat 2005PL000051 for Montville Lakes Subdivision Phase 3B and Medina
County recorded plat 2007PL000065 for Montville Lakes Subdivision Phase 4 for the blocks
designated as “GOLF COURSE BLOCKS” is rescinded and the following parcels are released
from said restriction and may be transferred individually:
BLOCK “AA”:
(13.6258 Acres)
Situated in the Township of Montville, County of Medina, and State of Ohio: And
known as being the whole of the “Block AA” in the Montville Lakes Subdivision Phase
3B as per Plat 2005PL000051 Medina County Plat Records, in Original Township Lot
90. (Containing 13.6258 Acres more or less as shown by a survey by Steven W. Clutter,
Reg. Surveyor 7655 on February 22, 2005).
Permanent Parcel No. 030-11B-33-080
BLOCK “BB-1": (3.9979 Acres) (Re-plat Block of Block “BB” on plat 2005PL000051
Situated in the Township of Montville, County of Medina, and State of Ohio: And
known as being the whole of the “Block BB-1” in the Montville Lakes Subdivision
Phase 3C as per Plat 2007PL000011 of Medina County Plat Records, in Original
Township Lot 90. (Containing 3.9979 Acres more or less as shown by a survey by
Leland B. Dillworth, Reg. Surveyor 57481 on December 12, 2006).
Permanent Parcel No. 031-11B-38-007
BLOCK “CC”: (2.8109 Acres)
Situated in the Township of Montville, County of Medina, and State of Ohio: And
known as being the whole of the “Block CC” in the Montville Lakes Subdivision Phase
3B as per Plat 2005PL000051 of Medina County Plat Records, in Original Township Lot
90. (Containing 2.8109 Acres more or less as shown by a survey by Steven W. Clutter,
Reg. Surveyor 7655 on February 22, 2005).
Permanent Parcel No. 030-11B-33-081
2
BLOCK “DD”: (3.7435 Acres)
Situated in the Township of Montville, County of Medina, and State of Ohio: And
known as being the whole of the “Block DD” in the Montville Lakes Subdivision Phase
3B as per Plat 2005PL000051 of Medina County Plat Records, in Original Township
Lots 90 and 103. (Containing 3.7435 Acres more or less as shown by a survey by
Steven W. Clutter, Reg. Surveyor 7655 on February 22, 2005).
Permanent Parcel No. 031-11B-34-006
BLOCK EE: (9.7882 Acres)
Situated in the Township of Montville, County of Medina, and State of Ohio: And
known as being the whole of the “Block EE” in the Montville Lakes Subdivision Phase
3B as per Plat 2005PL000051 of Medina County Plat Records, in Original Township Lot
83. (Containing 9.7882 Acres more or less as shown by a survey by Steven W. Clutter,
Reg. Surveyor 7655 on February 22, 2005).
Permanent Parcel No. 030-11B-33-082
BLOCK “FF”: (25.4024 Acres)
Situated in the Township of Montville, County of Medina, and State of Ohio: And
known as being the whole of the “Block FF” in the Montville Lakes Subdivision Phase
3B as per Plat 2005PL000051 of Medina County Plat Records, in Original Township
Lots 84, 89, and 90. (Containing 25.4024 Acres more or less as shown by a survey by
Steven W. Clutter, Reg. Surveyor 7655 on February 22, 2005).
Permanent Parcel No. 031-11B-27-098
BLOCK “GG”: (22.8108 Acres)
Situated in the Township of Montville, County of Medina, and State of Ohio: And
known as being the whole of the “Block GG” in the Montville Lakes Subdivision Phase
3B as per Plat 2005PL000051 of Medina County Plat Records, in Original Township
Lots 90 and 103. (Containing 22.8108 Acres more or less as shown by a survey by
Steven W. Clutter, Reg. Surveyor 7655 on February 22, 2005).
Permanent Parcel No. 031-11B-39-023
3
BLOCK “HH”: (41.0873 Acres)
Situated in the Township of Montville, County of Medina, and State of Ohio: And
known as being the whole of the “Block HH” in the Montville Lakes Subdivision Phase
3B as per Plat 2005PL000051 of Medina County Plat Records, in Original Township Lot
103. (Containing 41.0873 Acres more or less as shown by a survey by Steven W. Clutter,
Reg. Surveyor 7655 on February 22, 2005).
Permanent Parcel No. 031-11B-34-007
BLOCK “MM”:
(14.4231 Acres)
Situated in the Township of Montville, County of Medina, and State of Ohio: And
known as being the whole of the “Block MM” in the Montville Lakes Subdivision Phase
4 as per Plat 2007PL000065 Medina County Plat Records, in Original Township Lot 84.
(Containing 14.4231 Acres more or less as shown by a survey by Steven W. Clutter, Reg.
Surveyor 7655 on September 29, 2007).
Permanent Parcel No. 031-11B-20-034
BLOCK “NN”:
(11.9070 Acres)
Situated in the Township of Montville, County of Medina, and State of Ohio: And
known as being the whole of the “Block NN” in the Montville Lakes Subdivision Phase 4
as per Plat 2007PL000065 Medina County Plat Records, in Original Township Lots 69
and 84. (Containing 11.9070 Acres more or less as shown by a survey by Steven W.
Clutter, Reg. Surveyor 7655 on September 29, 2007).
Permanent Parcel No. 030-11B-26-046
BLOCK “OO”:
(2.7875 Acres)
Situated in the Township of Montville, County of Medina, and State of Ohio: And
known as being the whole of the “Block OO” in the Montville Lakes Subdivision Phase 4
as per Plat 2007PL000065 Medina County Plat Records, in Original Township Lot 69.
(Containing 2.7875 Acres more or less as shown by a survey by Steven W. Clutter, Reg.
Surveyor 7655 on September 29, 2007).
Permanent Parcel No. 030-11B-26-047
4
BLOCK “PP”: (13.3930 Acres)
Situated in the Township of Montville, County of Medina, and State of Ohio: And
known as being the whole of the “Block PP” in the Montville Lakes Subdivision Phase 4
as per Plat 2007PL000065 Medina County Plat Records, in Original Township Lots 69,
70 and 84. (Containing 13.3930 Acres more or less as shown by a survey by Steven W.
Clutter, Reg. Surveyor 7655 on September 29, 2007).
Permanent Parcel No. 030-11B-26-048
BLOCK “QQ”:
(23.9011 Acres)
Situated in the Township of Montville, County of Medina, and State of Ohio: And
known as being the whole of the “Block QQ” in the Montville Lakes Subdivision Phase 4
as per Plat 2007PL000065 Medina County Plat Records, in Original Township Lots 69,
70, 83 and 84. (Containing 23.9011 Acres more or less as shown by a survey by Steven
W. Clutter, Reg. Surveyor 7655 on September 29, 2007).
Permanent Parcel No. 030-11B-26-049
BLOCK “RR”:
(6.0045 Acres)
Situated in the Township of Montville, County of Medina, and State of Ohio: And
known as being the whole of the “Block RR” in the Montville Lakes Subdivision Phase 4
as per Plat 2007PL000065 Medina County Plat Records, in Original Township Lots 83.
(Containing 6.0045 Acres more or less as shown by a survey by Steven W. Clutter, Reg.
Surveyor 7655 on September 29, 2007).
Permanent Parcel No. 030-11B-33-118
BLOCK “SS”:
(0.9734 Acres)
Situated in the Township of Montville, County of Medina, and State of Ohio: And
known as being the whole of the “Block SS” in the Montville Lakes Subdivision Phase 4
as per Plat 2007PL000065 Medina County Plat Records, in Original Township Lot 83.
(Containing 0.9734 Acres more or less as shown by a survey by Steven W. Clutter, Reg.
Surveyor 7655 on September 29, 2007).
Permanent Parcel No. 030-11B-38-119
5
BLOCK “YY”:
(1.3001 Acres)
Situated in the Township of Montville, County of Medina, and State of Ohio: And
known as being the whole of the “Block YY” in the Montville Lakes Subdivision Phase 4
as per Plat 2007PL000065 Medina County Plat Records, in Original Township Lot 83.
(Containing 1.3001 Acres more or less as shown by a survey by Steven W. Clutter, Reg.
Surveyor 7655 on September 29, 2007).
Permanent Parcel No. 030-11B-33-120
6
Exhibit B: Covenants and Restrictions excerpt