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Elwood/Grandview R-O-W Issue
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1153 Elmwood Avenue - 07-117-23-14-0069
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Elwood/Grandview R-O-W Issue
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Last modified
8/22/2023 5:31:54 PM
Creation date
12/17/2021 10:30:56 AM
Metadata
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Template:
x Address Old
House Number
1153
Street Name
Elmwood
Street Type
Avenue
Address
1153 Elmwood Ave
PIN
0711723140069
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according to and under the conditions and covenants herein contained, as follows: <br /> 1. Grantor and Grantee agree that Parcel A and Parcel B shall henceforth be contained in <br /> common use and ownership even if recorded as separate lots or parcels, and that Parcel A <br /> and Parcel B will not be used, conveyed, sold, leased or otherwise encumbered except <br /> together as if they were a single parcel. <br /> 2. Grantor and Grantee agree that Parcel A shall be considered the primary parcel which <br /> may be used or developed for any principal use as may be permitted in the zoning district, <br /> subject to all performance standards and approvals required therefore. <br /> 3. Grantor and Grantee agree that Parcel B shall be considered accessory to Parcel A,and <br /> that Parcel B may be used or developed for lake access purposes only, including the <br /> construction of a private dock,but no structures other than said permitted dock shall be <br /> constructed on Parcel B unless specifically approved by the City Council pursuant to <br /> application by Grantor. <br /> 4. Grantee shall not issue any building permits, zoning variances or conditional use <br /> permits for any structure or use on the properties inconsistent with the covenants <br /> contained herein. <br /> 5. Grantor hereby grants to Grantee the right to enter upon the above described properties <br /> for the purposes of inspection and enforcement of the covenants contained herein, and to <br /> cause to be lawfully removed from these properties without any liability any structures, <br /> uses, substances and natural or unnatural materials inconsistent with the covenants <br /> contained herein. <br /> 6. In addition to any other remedy Grantee may have, the covenants and restrictions <br /> contained herein may be enforced by injunction. Grantor who is in possession of these <br /> properties shall pay to Grantee all costs and expenses including attorneys fees incurred by <br /> Grantee in enforcing the terms of this indenture. <br /> 7. The terms and conditions of this indenture may be modified, amended or extinguished <br /> and thereafter Parcel A and Parcel B may be subdivided, sold separately or reduced in <br /> part only upon application by Grantor to Grantee for approval of a"Subdivision"in <br /> accordance with the platting code of the City in effect at the time of such-application. <br /> Page 2 of 4 <br />
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