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Ordinance 3774-20
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Ordinance 3774-20
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11/16/2020 11:39:11 AM
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11/16/2020 11:30:41 AM
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Ordinances
Ordinance Number
3774-20
Date
11/4/2020
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B. Resolution of Gaps—Timing. <br /> Gaps shall be resolved by the following means:(1)the applicant shall, prior to final approval,execute a quitclaim <br /> deed releasing all interest in the gap;and(2)if the physical appurtenance belongs to the abutting property owner, <br /> it shall be left in place but a new fence,or other permanent form of demarcation of the lot line of record, <br /> acceptable to the city,shall be erected on the lot line of record. In the event the applicant constructs a new fence <br /> to resolve a gap,the fence shall be a minimum of four feet in height and shall meet city standards for such a fence; <br /> provided, however,the city reserves the right to allow gaps to be resolved through other means not specifically <br /> listed herein. <br /> C. Resolution of Gaps by Conveyance Method—Failure of Abutting Property Owner to Accept Deed. <br /> Where the conveyance method described in subsection B of this section is used to resolve a gap but the abutting <br /> (i.e., receiving)property owner refuses to accept the deed instrument,the quitclaim deed may be executed by the <br /> applicant and held in trust by the city for the abutting(receiving property)owner; provided,however,when that <br /> occurs,a notice shall be filed with the county auditor on the title of the abutting property indicating that the city is <br /> holding such an instrument in trust and that legal description of the gap will become the property of the abutting <br /> property owner at such time as the instrument is accepted and recorded. <br /> 19.26.160 Dedication. <br /> Any dedication,donation or grant as shown on a land division map shall constitute a statutory warranty deed to <br /> the said grantee for the use intended.The intention to dedicate shall be evidenced by the owner through the <br /> presentment for filing of a final division map showing the dedication thereon;and the acceptance by the public <br /> shall be evidenced by the approval of such final maps for filing by the city. <br /> Ch.19.26 Land Division Development Standards 10 City Council Action(11/04/2020) <br />
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