05-11-1999 Public Hearing - Woodhill CC

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Woodhill hereby transfers and conveys to MSM for the benefit of, and as an appurtenance to. Lot 3 a driveway easement 24 feet in width over the Easement Property so as to provide Lot 3 access from Woodhill Road to Woodhill Avenue. Notwithstanding the foregoing grant of easement, MSM and the subsequent owners of Lot 3 agree nor to use the easement hereby granted unless and until access to County Road No. 15 over the right-of-way is closed or otherwise denied the owner of Lot 3 bv the owner of the right-of-way. 1:r• • n r 2. 24 foot wide driveway easement shall be at such location within the Easement Property as Woodhill may determine from time to time. At any time, and from time to time, Woodhill may record a declaration establishing or amending the location of the driveway easement over the Easement Property, and such declaration shall be binding upon Lot 3 and the owner thereof. 3. The easement shall be for the sole purpose of providing alternative access to a public street, namely, Woodhill Avenue, from Lot 3, and the use thereof shall be consistent with the use of a driveway by a single family residence property. Further, the use of the driveway easement shall be subject to such reasonable rules and regulations as Woodhill may impose from time to time. 4 All maintenance costs, snow removal expense and other costs associated with the driveway easement hereby contemplated shall be borne by Woodhill. In addition, im.T.ediately upon the closing or denial of Lot 3's right to use the access to County Road No. 15 over the right-of-way by the o*%ner thereof, Woodhill shall maintain and keep open an actual driveway located within the easement to at least the standard of tne driveway now connecting Woodhill Road and Woodhill Avenue. 5. Upon the closing or denial of Lot 3's right to use the access to County Road No. 15 over the right-of-way by the ow.ner thereof, the owner of Lot 3 shall notify the City, and the City shall, as soon as practicably possible, independently cetermine whether Lot 3’s access to County Road No. 15 over the ■ been closed or denied. The owner of Lot 3 and Woocnill shall promptly provide to the City copies of any documents relating to such closing or denial and such other in.ormation or proof as the City may reasonably require. If the City determines that Lot 3's right to use the access to County Road No. 15 over the right-of-way has been closed or denied by the owner thereof, the City shall consent to the removal of any oostruction located on Woodhill Avenue or on the Easement Property that prevents or impedes access to Woodhill Avenue from the Easement Property, and Woodhill and the City shall cause, at Woodhill’s sole expense, the removal of any such obstruction. 6. This Agreement and the rights hereby created shall e appurtenant to Lot 3 and the Easement Property, shall run with »- •-2-