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