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June 16, 2022 <br />39 <br /> <br />2. The deed restricted property is completely annexed by an incorporated city of Cass County, <br />or <br />3. The deed restricted property is platted as a major subdivision to be built to full urban design <br />standards and the strictest requirements of this Ordinance; including but not limited to <br />paved roads with curb and gutter, a paved access road, municipal sewer system, public <br />water supply system with functioning fire hydrants, storm water facilities, streetlights, street <br />trees, street signs, sidewalks, bike paths and park dedications. <br />When one of these three circumstances exist the deed restriction on the land will be <br />retired and the property will follow the necessary procedures for development of the <br />applicable jurisdiction. <br />The deed restriction shall limit any further residences, subdivisions, or nonagricultural <br />development on the sending property, and shall be on a form provided by the County <br />Planner and shall include the following information: <br />1. Record Fee Owner(s) legal name <br />2. Legal description of the deed restricted property <br />3. Agreement description stating the following: <br />a. The land meets the criteria established by this Ordinance for sending properties <br />b. The legal description of the receiving property on the adjacent quarter-quarter <br />section, government lot, or legal lot <br />c. The described sending property cannot be developed by subdivision or construction <br />of any further residences or nonagricultural structures or uses <br />d. Date and signature of Fee Owner(s) <br />e. Date and signature of Notary Public <br />f. Date and signature of County Engineer <br />When an existing deed restriction needs modification in order to accomplish a legitimate <br />objective allowed by this Ordinance, the process, forms, and requirements applicable to <br />the original deed restriction shall be required for the modification of the original deed <br />restriction. The form shall be provided by the County Planner and contain the same <br />information as was on the original deed restriction form. When a deed restriction is <br />being retired, the retirement shall be noted on the same form as used for modifications <br />of deed restrictions. In the event a deed restriction is retired completely, the formerly <br />restricted property will follow the necessary procedures for development in the <br />applicable jurisdiction. <br />(h) Watercourse Setback Requirements. <br />1. Purpose. In order to minimize the potential for slumping, bank failures, landslides, other <br />environmental impacts, and the associated damage to structures and property certain <br />requirements are established by this ordinance for all proposed subdivisions adjacent to <br />blue line perennial watercourses, as identified on the most recent version of a 1:100,000 or <br />1:24,000 USGS quadrangle. <br />2. Setbacks. Applicants proposing subdivisions adjacent to blue line perennial watercourses, <br />as identified on the most recent version of a 1:100,000 or 1:24,000 USGS quadrangle, shall