Trust Deed - 1912
TRUST DEED DATED MARCH 25, 1912
Recorded March 27, 1912 in Cuyahoga County Records, Cleveland, Ohio
Volume 1382, Pages 277-280
Know all Men by these Presents, That The Clifton Park Land & Improvement Company, the grantor, for divers good causes and considerations thereunto moving, and especially in consideration of the covenants and agreements entered into by said Company with the several owners of lots and lands in its allotment herein described, and further for the sum of One Dollar ($1.00) received to its full satisfaction of F. C. Case, Lucien B. Hall, F. A. Glidden, E. E. Adams and F. B. Anderson, Trustees, has given, granted, remised, released and forever quit-claimed and does by these presents absolutely give, grant, remise, release and forever quit-claim unto said grantees, and their successors in trust or assigns, and the survivors or survivor of them, and the heirs of such survivor, forever, all such right and title as the said grantor has or ought to have in the following described pieces and parcels of land, situated in the City of Lakewood, County of Cuyahoga, and State of Ohio, and being the parts and parcels of land in the grantor’s said allotment or lying adjacent thereto which have been reserved for the use and benefit of the owners of land in said allotment, and described as follows, viz.:
1. The three triangular parcels designated as “Reserved M,” “Reserved N,” and “Reserved O,” on the map of the allotment of Clifton Park as the same is recorded in the Map Records of Cuyahoga County, Volume 29, Page 11, reserving, however, to the grantor the right at any time within one year from this date to remove from said parcel marked “Reserved O” the earth and other material piled thereon to a level not lower than the street curb line bounding said parcel; also the shelter house standing in Clifton Road at the entrance to the Park.
2. All that part of Blocks A and B in said Clifton Park allotment above referred to, lying westerly from the 10-foot strip of land through said Block B, which was designated as a right of way connected with the overhead crossing over the tracks of the N.Y.C. & St. L. Railroad, and dedicated by said The Clifton Park Land & Improvement Company in a map and dedication of Sloan Subway and other lands, as shown by the plat of said dedication upon the Map Records of Cuyahoga County, Volume 30, page 7, excepting from said Block A all that portion heretofore conveyed by The Clifton Park Land & Improvement Company to The American American Construction Company by a deed recorded in Cuyahoga County Records, Volume
1158, Page 598, subject to the right of way for Sloan Subway, as designated on said subway map, in volume 30 of Maps, Page 7, above referred to.
3. The strip of land 8 feet in width extending from Clifton Road to Forest Road between sub lots 116 and 117 and 94 and 95, and between Forest Road and Lake Road between sub lots 75 and 76 and 59 and 60, designated as “Shady Lane-private right of way,” on the map of said Clifton park allotment.
4. A right of way or footpath from Lake Road westerly to the land described herein as Parcel 7, in common with the owners of sub lots 32 and 33, over and across said sub lots as set forth in the grant of said right of way to The Clifton Park Land & Improvement Company et al., from Fannie W. Baker and Olive G. W. Wigmore, which is recorded in Cuyahoga County Records, Volume 1198, Page 279.
5. All of sub lots 13 and 14 in said Clifton park allotment, having a frontage of 200 feet on Lake Ave. and extending back northerly to Lake Erie, as shown by the recorded plat of said allotment in Volume 29 of Maps, Page 11, Cuyahoga County Records.
6. Part of Section number 23 in the Township of Rockport, bounded as follows: Beginning at an iron pipe set in the northerly line of land conveyed to Franc C. Stowe by deed recorded in Volume 807 of Deeds, Page 127, Cuyahoga County Records, at the intersection thereof with the westerly curved line of Beach Road, a private road 23 feet in width; thence north 69 degrees 36’ 30” east along the extension easterly of said northerly line of lands so deeded to Franc C. Stowe, 25.22 feet to a point in the westerly line of sub lot number 37 in The Clifton Park Land & Improvement Company’s allotment, recorded in Volume 29 of Maps, Page 11, Cuyahoga County Records; thence southerly 91.90 feet along a curved line deflecting to the left and having a radius of 432.45 feet and being the westerly line of sub lots numbers 37 and 38 in said allotment, to a stone monument; thence southeasterly along a curved line deflecting to the left and having a radius of 432.45 feet and being the southwesterly line of sub lots numbers 38 and 39 in said allotment, a stone monument; thence southeasterly along a curved line deflecting to the left and having a radius of 283.37 feet and being the southwesterly line of sub lots number 38 and 39 in said allotment, to the intersection of said curved line with the westerly line of “Reserved Parcel M” in said allotment; then southwesterly along the westerly line of said “Reserved Parcel M” to the most northerly corner of sub lot number 42 in said allotment; thence northerly parallel with and 25 feet distant from the southwesterly line of sub lots numbers 39, 38 and 37, to the place of beginning.
7. Known as being part of Section number 23 in the township of Rockport, bounded as follows: Beginning at a point in the westerly line of sub lot number 37 in The Clifton Park Land & Improvement Company’s allotment recorded in Volume 29 of Maps, Page 11, Cuyahoga County Records, where said line is intersected by the extension easterly of the northerly line of land conveyed to Franc C. Stowe, by deed recorded in Volume 807, Page 127, Cuyahoga County Records of deeds; thence northerly along the westerly line of sub lots numbers 37 and 36 in said allotment, 177.16 feet, (being a curved line deflecting to the right and having a radius of 432.45 feet, and a chord which bears north 0 degrees 50′ west 175.95 feet) to an iron pipe at a point of reverse curvature; thence northerly along the westerly line of sub lots numbers 36, 34, 33 and 32 in said allotment 465.10 feet (being a curved line deflecting to the left and having a radius of 825.11 feet and a chord which bears north 5 degrees 19′ 55″ west 458.88 feet) to an iron pipe at the northwesterly corner of said sub lot number 32; thence northerly along the westerly line of sub lot number 31 in said allotment 60.17 feet (being a curved line deflecting to the left and having a radius of 155.72 feet, and a chord which bears north 32 degrees 20’ 30″ west 59.79 feet) to a gas pipe at an angle in the line of said sub lot number 31; thence north 16 degrees 18’ east along the westerly line of said sub lot 77.85 feet to a stone monument; thence north 69 degrees 32’ east along the line of said sub lot 20 feet to the southwesterly corner of a parcel of land deeded by the Clifton Park Land & Improvement Company to Anna S. Morgan by deed recorded in Volume —–, of Deeds, Page ——, Cuyahoga County Records; thence north 4 degrees 8′ east along the westerly line of lands so deeded to Anna S. Morgan to the water’s edge on the shore of Lake Erie; thence westerly along the water’s edge on the southerly shore of Lake Erie to the water’s edge on the easterly shore of Rocky River; thence southerly along the water’s edge on the easterly side of Rocky River to the northerly line of land deeded to Franc C. Stowe as aforesaid from which point a stone monument in the northerly line of said Franc C. Stowe’s land bears north 69 degrees 36’ 30” east 23.09 feet; thence north 69 degrees 36’ 30” east along the northerly line of lands so deeded to Franc C. Stowe 173.09 feet to a stone monument; thence continuing said course along the northerly line of lands so deeded to Franc C. Stowe 100.84 feet, to a stone monument; thence continuing said course in the northerly line of said Franc C. Stowe 109.18 feet to an iron pipe at the intersection of said northerly line of lands so deeded to Franc C. Stowe with the westerly curved line of Beach Road, a private road; then continuing said course in an extension easterly of the northerly line of lands so deeded to Franc C. Stowe 25.22 feet to the beginning.
But excepting from the above described land a parcel of land described as follows:
Beginning at a stone monument which shall be called the principal place of beginning and which principal place of beginning is found by running the following course: beginning at a stone monument set in the northerly line of land deeded to Franc C. Stowe as aforesaid at a point distant south 69 degrees 36’ 30” west 109.18 feet from a gas pipe in the northerly line of land so deeded to Franc C. Stowe at its intersection with the westerly curved line of Beach Road, a private road 25 feet in width; thence north 12 degrees 57’ 30” west 209.92 feet to said principal place of beginning; thence south 77 degrees 02’ 30” west 12.50 feet to a point; thence southerly and westerly 265.12 feet along a curved line deflecting to the right and having a radius of 155 feet and a chord which bears south 36 degrees 02’ 30” west 233.96 feet; thence northwesterly 86.14 feet along a curved line deflecting to the right, having a radius of 97.905 feet and a chord which bears north 69 degrees 45’ 7 ½” west 83.39 feet; thence north 44 degrees 32′ 45″ west 415 feet to a point; thence south 45 degrees 27’ 15” west 71.61 feet to the water’s edge on the easterly side of Rocky River; thence north 47 degrees 08’ west along the water’s edge on the easterly side of Rocky River 111.82 feet; thence north 56 degrees 22’ west along the water’s edge on the easterly side of Rocky River 112.49 feet; thence north 45 degrees 27’ 15″ east 252.75 feet to a point from which a stone monument set in the ground bears south 77 degrees 02’ 30″ west 91.64 feet; thence north 77 degrees 02’ 30” east 462.14 feet to a stone monument; thence south 37 degrees 24’ 10” east 181.25 feet to a point; thence south 8 degrees 52’ 30” east 350.87 feet to a point; thence south 77 degrees 02′ 30″ west 50 feet to the principal place of beginning.
The above described land known as “Reserved M” and parcels 6 and 7 herein described, are made subject to such rights as have heretofore been granted to The East Ohio Gas Company to extend and maintain its gas supply pipes under a portion thereof; and also subject to the rights given by the grantor herein to the Lakewood Yacht Club Company by an Article of Agreement dated June 1, 1903. Also subject to the rights of owners of lots fronting on the lagoon in the land described as “excepted” from said parcel 7, for themselves and their guests, licensees and employes [sic], to pass over and along the private roads, paths, stairways and common grounds to reach said lagoon from the dedicated roads and avenues in said Clifton park allotment. Also subject to right of way for owners of land fronting on the private road known asBeach Road.
To Have and to Hold the premises aforesaid, with the appurtenances thereunto belonging unto the said grantees and their successors in trust and assigns, and the survivors or survivor thereof, and the heirs of such survivor, so that neither said grantor, nor its successors, nor any other person claiming title through or under it, shall or will hereafter claim or demand any right or title to the premises, or any part thereof, but they and every one of them shall by these presents be excluded and forever barred; in trust, nevertheless, for the sole use and benefit of all the owners of sub lots, or parts of lots, in the Clifton Park allotment, as the same is recorded in Cuyahoga County Map Records, Volume 29, Page 11, and the heirs, representatives, successors or assigns of such owners; subject to the terms, conditions and regulations herein contained; that is to say:
APPOINTMENT AND TERM OF TRUSTEES.
The trustees shall be five in number, all of whom shall at all times be owners of land and residents in theCliftonParkallotment. If at any time any trustee shall cease to be an owner of land or resident in theCliftonpark allotment, his position as trustee shall at once become vacant, and a successor shall be chosen as herein provided. When the position of any trustee is vacated by resignation, disability, or death, the remaining trustees shall at once choose a successor. The fact of such vacancy and choice of successor shall be reduced to writing, signed and acknowledged by a majority of the remaining trustees, and recorded in the office of theCountyRecorder; whereupon the new trustee shall succeed to all the title and right of his predecessor.
DUTIES OF TRUSTEES.
1. The trustees shall hold title to and preserve all the land deeded to them for the common use of all the lot owners in the Clifton Park allotment and their successors in title, and members of their households.
2. No part of said land shall be sold, conveyed or dedicated to public use without the unanimous consent of all the lot owners in said allotment.
3. The trustees shall collect money from the persons interested as hereinafter provided, and from the sums so collected, and from any other moneys coming to their hands, shall pay taxes and assessments on said lands as they become payable; shall keep the weeds and grass cut, and trees, shrubbery and flower beds on said lands in good condition; shall provide for removal of snow and ice when necessary; shall keep the bathing pavilion, stairways, private roadways and sidewalks in repair; shall establish regulations for the use of, and provide for proper policing of private roads, lanes, parks and bathing pavilion; and generally maintain all of said property in good order and condition for the use of lot owners in said allotment, as the same is now maintained.
4. If at any time the owners of one-fourth of the lots in said allotment wish for more improvement or embellishment of said common land, or any part of it, than [sic] said trustees by the terms of these regulations are bound to make, such lot owners may call a meeting to be held at some convenient place within the boundaries of Clifton Park, of which meeting all lot owners shall have at least ten days notice by mail or public advertisement. Should a majority of the lot owners present at such meeting decide in favor of any extraordinary improvement of such land for the common benefit, the trustees, upon receiving or being guaranteed the money necessary for that purpose, may proceed to make such improvement, which shall then be a part of the common property, and shall be cared for as herein provided.
5. The trustees shall serve without compensation, but may charge to and collect from the lot owners all their necessary expenses as hereinafter provided.
MAKING AND COLLECTION OF ASSESSMENTS.
The cost of all ordinary care of the lands and buildings in the hands of the trustees, and their necessary expenses in carrying out their duties, shall be divided among the several lot owners and collected from them by an annual assessment as follows: Each sub lot, or part of sub lot, in the allotment shall be charged with such proportion of the total annual expense as its value for taxation, exclusive of buildings, is of the total tax value of all the sub lots in said allotment, exclusive of buildings. The owner of such sub lot, or part of sub lot, shall be bound to pay the sum so assessed to the trustees upon their written notice and demand; and the lien upon the several sub lots reserved to the Company in the deeds of conveyance for the same to secure the payment of such assessments, is transferred to the said trustees, and may be enforced by them. Any extraordinary expenses for improvement of the property shall be met by voluntary subscription.
In Witness Whereof, the said grantor has caused its seal to be affixed hereto, and these presents to be signed by its vice president and secretary, duly authorized by resolution of its board of directors, this 25th day of March, A.D. 1912. Signed and acknowledged in presence of J. M. SHALLENBERGER. T. H. WILSON.
THE CLIFTON PARK LAND & IMPROVEMENT CO.
L. A. REED, Vice President, J. J. CROOKS, Secretary