Mason Run PUD AgreementMASON RUN
PLANNED UNIT DEVELOPMENT AGREEMENT
CITY OF MONROE, MONROE COUNTY, MICHIGAN
This Planned Unit Development Agreement for the Mason Run Project
(Agreement) is made and executed by and between Creative Land Design Inc. a
Michigan corporation, 41050 Vincenti Court, Novi,
Council of the City of Monroe (City), 120 East First Street, Monroe, MI 48161 or
and in consideration of the mutual promises and covenants set forth herein
below.
The circumstances underlying the execution of the Planned Unit Development
Agreement are as follows:
A. The City and CLD have approved the Mason Run Development Agreement
on December 13, 1999, providing for the development of residential site
condominium units on certain contiguous lands located within the City of
Monroe.
B. The City and CLD have approved Option Agreement Number One and Option
Agreement Number Two on December 13, 1999 for certain contiguous lands
(the "Property") located within the City and described in the Option
Agreements.
C. The Property subject to the Option Agreements is zoned as a Planned Unit
Development District in accordance with the standards and regulations of
Article 21 of the City of Monroe Zoning Regulations.
D. CLD has submitted a concept plan for a planned unit development district
("PUD") as required by Article 21 of the City of Monroe Zoning Regulations to
be located on a certain portion of the Property which was approved by the
Monroe Citizen Planning Commission and the City as Case PUD 99-001.
E. CLD has submitted a site plan for that same portion of the Property which has
been approved by the Monroe Citizens Planning Commission and the City.
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G.
2
3.
El
. CLD has submitted a site condominium application
of the City of Monroe Zonin thas as provided in Article 22
which has been approved by Regulations Monroe Citizen
same
the City. Portion of the Property
ens Planning Commission and
The site plan and site condominium applicatio
documents and attachments have been filed'under Commission Case # PL99-001, Citynand the related
the contents of which are incorporat nder Citizen Planning
of Monroe, Monroe County,
reference. rated herein and made a Michigan,
part hereof by
H. CLD has submitted to the City, and subsequent
Commission and the Cityquent thereto, the Citizen Plannin
Run Pattern B have approved the document entitled the Mason
g
Book containing site design and development regulations
Mason Run Project. The Pattern Book is a a on
incorporated by reference into this Agreemen g ations for the
additional and substituted into his part of the project site plan and is
t. The Pattern Book sets forth
boundaries of the Property,regulations for the use of land within the
sizes, setbacks, heighlimits, required aci7°t limited to
and land use density. ties, buffers, open
uses, lot
open space areas,
NOW, THEREFORE
conditions:
the City agree to abide b
y and comply with the
following terms and
1 • The terms, provisions and conditions oft '
the Planned Unit Development
his Agreement and the a
deemed to be of benefit tonthe preps a ibed in this Agreement shall approval of
Exhibit B attached hereto and made a
Property as described in Exhibit A and
to the benefit of the CityPart hereof, and shall bind and inure
to CLD who holds options on the currPropertylyowns the Property
their successors or assigns and shall run with and to the benefit
as parties to this Agreement, and
unless otherwise modified as provided herei. the Property Perpetually
CLD acknowledges that the conditions set forth
reasonable and authorized b
Act, reasonable
e and 4c, and Section in this Agreement are
y Section 4c(2) of the City
Regulations. 21.3(C)(4) of the City
and Village Zoning
tY of Monroe Zoning
CLD shall comply with the development regulations
as set out in the Pattern Book and in this Agreement
construction of the residential units g ations and design standards
the Property and other m the design and
permitted structures on all of
Amendments to this Agreement shall be approved b
procedures: Y the City and CLD and
shall comply with the following
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4.1. Amendments to the Sections of the Pattern Book entitled Introduction,
Architectural Patterns, Landscape Guidelines, Miscellaneous Items, and
the Appendix containing, in part, approved house types with elevations,
shall be reviewed and approved in accordance with the administrative
review provisions of Article 25 of the City of Monroe Zoning
Regulations.
4.2. Amendments to the Section of the Pattern Book entitled Community
Patterns containing, in part, lot and sub -area dimensional standards,
shall be reviewed and approved in the same manner as an original
application for a PUD district would be reviewed and approved as
provided in Article 25 of the City of Monroe Zoning Regulations.
4.3. The applicant shall submit an application and such other information as
required by Article 25 of the City of Monroe Zoning Regulations unless
specifically waived by the Site Plan Review Committee. The application
shall include evidence that the proposed amendment conforms to
traditional neighborhood or urban design principles as found in The
Charter for the New Urbanism published by the Congress for New
Urbanism, and in The Lexicon of the New Urbanism published by
Duany Plater-Zyberk & Company, or such other reference works
generally recognized by urban design professionals to be authoritative
and shall be compatible with existing neighborhood development as
reflected in the Pattern Book. Such evidence shall be certified by a
qualified individual having experience in traditional neighborhood or
urban design and being a member in good standing of the Congress of
New Urbanism. The Site Plan Review Committee may request
resumes, references, and other information and shall make a
determination as to whether such reference works or individuals are
qualified.
5. Approved amendments to the Pattern Book shall be attached to the Pattern
Book and numbered consecutively and signed and dated by the appropriate
parties at the time the amendment is approved.
6. Copies of the current Pattern Book shall be kept on file and made available
to CLD, its successors and assigns, and the public for the cost of printing or
copying.
7. This Agreement and the Pattern Book and any amendment thereto may be
recorded with the Monroe County Register of Deeds by any party to this
Agreement, or their successors and assigns.
8. Uses authorized by Article 5 of the City of Monroe Zoning Ordinance shall
be permitted within the Property. In addition, multi -family uses as shown in
the approved site plan shall be permitted uses.
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9. Conversion of primary structure single-family condominium units for
multiple -family uses is prohibited.
10. Secondary dwelling units, referred to as accessory apartments, shall be
permitted as set forth in the Pattern Book on Village Lots, Neighborhood
Lots, and Estate Lots. Secondary dwelling units shall be prohibited on
Cottage Lots and multiple -family dwelling lots. For such approved uses, the
owner of the condominium unit shall occupy at least one (1) of the dwelling
units and one (1) on -site vehicle parking space for the accessory apartment
shall be provided, in addition to those required for the principal structure.
11. Principal residential and accessory structures shall be restricted to those
house types and elevations, which are approved and found in the Appendix
of the Pattern Book.
12. All zoning regulations and ordinances of the City of Monroe not in conflict
with the provisions of this Agreement shall be and remain in full force and
effect.
13. This Agreement shall be made a part of the master deed and association
bylaws of the condominium documents, to the extent that such inclusion is
permitted by and is consistent with applicable Michigan statutes.
14. Where ownership of any portion of the Property has been transferred to the
condominium association, such condominium association shall be deemed
to be the successor of CLD.
15. If CLD or any of its successors or assigns fail to comply with any provision
of this Agreement or any Zoning Regulations of the City of Monroe not in
conflict with this Agreement, and if such failure has not been cured within a
reasonable time after mailing of a written notice of the failure from the City
to the owner of record of the Property, the City may in its sole discretion
pursue any, and all remedies authorized and provided in the Zoning
Regulations or other applicable ordinance and withhold or suspend any
building permits or Certificates of Occupancy related to the defaulting
party's project until compliance with the provision of this Agreement or
Zoning Regulations of the City of Monroe has been achieved.
16. If CLD or any of its successors or assigns fails to make any improvements
required by this Agreement or the City of Monroe Zoning Regulations not
inconsistent with this Agreement, and such failure is not cured within a
reasonable time after mailing of a written notice of the failure from the City
to the owner of record of the Property, the City may in its sole discretion
contract for the installation or construction of such improvements. The cost
incurred by the City shall be paid by CLD or its successors or assigns and
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may be assessed against the portion of the Property which the defaulting
party owns or in which the party has any interest.
17. If Option Agreement Number One or Option Agreement Number Two
expires or is terminated as to any or all of the Property for any reason, the
City may, in its sole discretion, amend this Agreement to provide that said
Agreement shall not apply to any of the Property which has not been
purchased by CLD or its successors or assigns or is no longer subject to
either of the Option Agreements.
18. The Property is described on the attached Exhibit A and Exhibit Band is
further depicted in Site Drawing # 1 and Site Drawing #2.
END OF PAGE
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Creative Land Design, Inc.
Ica ' ernard Glieberman, President
Kj1cU�,E.Sn�c��(fpl.wr.,NE.2
Subscribed and sworn to before me on
Ania J. Walthall
Notary Public, Wayne County, MI
Notary Public, Oakland County My Commis -ion Expires April 7, 2000
My commission expires Acting In Oakland County
This Planned Unit Development Agreement was approved by the Monroe City
Council and the Mayor and Clerk yrere authorized to sign this Planned Unit
Development Agreement on th �h day of Sr-)Qruarq—, 2000 and was signed
by the Mayor and Clerk on the day of <-hyLL-.:rd 2000.
Witnesses City of Monroe
4& - - V vt-GL�
�lC1'+ W�Av�t. C.D. A C _ ccilli, M
'-Av�3Y\'w0 � ��� Charles D. Evans, Clerk
Subsc ' and sworn to before me on I�P� �1, �, 000
ROSALIND BOSWELL
Notary Public, Monroe County. MicWW
Notary Public, Monroe County My commission expires S IS 2uU My Commission Expires May � 2001
Prepared by and when recorde return to:
Thomas P. Russow (P27204)
Braunlich, Russow, and Braunlich, P.C.
111 South Macomb Street
Monroe, MI 48161
734-241-8300
email:brbl11@tdi.net
GOUT.99\MONROE.99\MASONRN.99\PUD Agr 1-15-OO.doc
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EXHIBIT A
CITY OF MONROE — CLD OPTION AGREEMENT NO. 1
DESCRIPTION OF REAL ESTATE
Land situated in the City of Monroe, County of Monroe, State of Michigan
described as follows, to -wit:
PARCELI:
A parcel of land located in Private Claims 98, 159 and 177, described as follows:
Commencing at the Southeast corner of the Assessor's Plat of Winkworth Plat,
according to the plat thereof, as recorded in Liber 6 of Plats, Page 66, Monroe
County Register of Deeds Office proceeding,
thence North 22 degrees 22 minutes 18 seconds East 1191.12 feet,
thence South 67 degrees 26 minutes 16 seconds East 977.75 feet,
thence South 32 degrees 07 minutes 06 seconds West 1199.39 feet,
thence North 68 degrees 03 minutes 24 seconds West 774.72 feet to the point of
beginning.
PARCEL 2:
A Parcel of land located in Private Claims 159 and 177, described as follows:
Commencing 90.00 feet South 67 degrees 26 minutes 16 seconds East from the
Southeast corner of Lot 96, Assessor's Plat of Winkworth Plat, according to the
plat thereof, as recorded in Liber 6 of Plats, Page 66, Monroe County Register of
Deeds Office, proceeding thence North 22 degrees 22 minutes 29 seconds East
1053.99 feet,
thence South 67 degrees 41 minutes 39 seconds East 1079.76 feet,
thence South 32 degrees 07 minutes 06 seconds West 1073.72 feet,
thence North 67 degrees 26 minutes 16 seconds West 898.05 feet to the point of
beginning.
PARCEL 3:
Commencing 210 feet South 65 degrees 47 minutes East and 1054.07 feet North
24 degrees 00 minutes East from the intersection of the East line of Michigan
Avenue with the North line of Noble Avenue,
thence North 24 degrees 00 minutes East 314.56 feet;
thence South 65 degrees 47 minutes East 1134.28 feet;
thence South 33 degrees 43 minutes West 319.54 feet;
thence North 65 degrees 47 minutes West 1078.14 feet,
being a part of Private Claim 159 and 177, North of the River Raisin; together
with and subject to an easement for ingress and egress over and across a strip
of land 60 feet in width lying immediately West of and adjacent to subject land
from said land to Noble Avenue.
Being further described by Survey #98-0097 dated August 10, 1998 and
recorded August 27, 1998 in Liber 1717, Page 535 made by G.B. Warnke &
Associates as follows: Situated in the City of Monroe, Monroe County, Michigan.
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Being a part of Private Claims 159 and 177, as surveyed by George B. Warnke,
Jr., Professional Land Surveyor, Michigan License NO. 19474, File NO. 98-0097,
Dated July 1998, described as: Commencing at the intersection of the Northerly
line of Noble Avenue, 60.00 feet wide, and the Easterly line of Assessor's Plat of
Winkworth Plat, according to the plat thereof, as recorded in Liber 6 of Plats,
Page 66, Monroe County Register of Deed Office, monumented by a pipe found,
said point being South 67 degrees 26 minutes 16 seconds East 120.00 feet from
the intersection of the Northerly line of Noble Avenue and the Easterly line of
Michigan Avenue, 50 feet wide;
Thence South 67 degrees 26 minutes 16 seconds East 90.00 feet along the
Northerly line of Noble Avenue to a rod found at the Southwest corner of Parcel 5
recorded in Quit Claim Deed, Liber 1015, Pages 663 to 666, Monroe County
Register of Deeds Office (pipe found being 0.5 feet North and 0.15 feet West);
thence North 22 degrees 22 minutes 29 seconds East 1053.99 feet recorded and
measured in said Quit Claim Deed, Liber 1015, Pages 663 to 666 (1504.07 feet
recorded in Warranty Deed, Liber 1102, Page 238, Monroe County Register of
Deeds Office) to a 1/2 inch pinch pipe found at the Northwest corner of said
Parcel 5, Quit Claim Deed, Liber 1015, Pages 663 to 666, for the point of
beginning;
thence North 22 degrees 22 minutes 29 seconds East 314.56 feet to a'/2 inch
pinch pipe found;
thence South 67 degrees 26 minutes, 16 seconds East 1132.92 feet measured
(1134.28 feet recorded in said Warranty Deed, Liber 1102, Page 238) to a
capped 1/2 inch rebar set in the Westerly line of formerly the New York Central
Railroad, now Conrail (capped (#30080) rod found — 1.3 feet South and 1.2 feet
East);
thence South 32 degrees, 07 minutes, 06 seconds West 314.08 feet measured
(319.54 feet recorded in said Warranty Deed, Liber 1102, Page 238) along the
Westerly line of Conrail to a Y2 inch pipe found at the Northeast corner of said
Parcel 5, Quit Claim Deed, Liber 1015, pages 663 to 666 thence North 67
degrees 41 minutes 39 seconds West 1079.76 feet recorded and measured in
said Parcel 5, Quit Claim Deed, Liber 1015, pages 663 to 666 (1078.14 feet
recorded in said Warranty Deed, Liber 1102, Page 238) to the point of beginning.
END OF PAGE
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EXHIBIT B
CITY OF MONROE — CLD OPTION AGREEMENT NO. 2
DESCRIPTION OF REAL ESTATE
Land in the City of Monroe, Monroe County, Michigan described as:
Commencing 150 feet South 65 degrees 47 minutes 46 seconds East from
the intersection of the East line of Michigan Avenue, with the North line of
Noble Avenue,
thence North 23 degrees 58 minutes 45 seconds East 2916.62 feet;
thence South 42 degrees 15 minutes 39 seconds East 70.29 feet;
thence North 23 degrees 56 minutes 08 seconds East 1258.99 feet;
thence South 66 degrees 03 minutes 52 seconds East 570.90 feet;
thence North 23 degrees 56 minutes 08 seconds East 763.01 feet;
thence North 66 degrees 03 minutes 52 seconds West 570.90 feet;
thence North 23 degrees 56 minutes 08 seconds East 1274.35 feet;
thence South 84 degrees 24 minutes 45 seconds East 47.85 feet;
thence South 66 degrees 10 minutes 15 seconds East 563.62 feet;
thence South 25 degrees 41 minutes 40 seconds West 1056.13;
thence South 65 degrees 16 minutes 47 seconds East 1141.71 feet;
thence South 22 degrees 32 minutes 30 seconds West 297.60 feet;
thence South 33 degrees 41 minutes 45 seconds West 3519.68 feet;
thence North 65 degrees 48 minutes 15 seconds West 1134.28 feet;
thence South 23 degrees 58 minutes 45 seconds West 1368.63 feet;
thence North 65 degrees 47 minutes 46 seconds West 60.00 feet
to the point of beginning.
Containing 134.27 acres more or less.
Subject to such easements for ingress and egress and utilities as the City may
require and retain in its sole discretion.
END OF PAGE
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'Zbt
NOBLE PARCEL
SITE DRAWING # 1
`t
1
SITE DRAWING # 2