2014 015 Resolution - Laserfiche WebLink

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Page 2 of 14 WHEREAS, Mayfield Village, Ohio- proposes to fulfill its obligation to ensure the Covenant Areas are protected in perpetuity by this Environmental Covenant. Now therefore, Owner and Ohio EPA agree to the following: 1. Environmental Covenant. This instrument is an environmental covenant developed and executed pursuant to O.R.C_ §§ 5301.80 to 5301.92. 2. Covenant Areas. The Covenant Areas are comprised of 500 linear feet of Stream 1, West of State Route 9I%SOM Center Road and 475 feet of Stream 3 in Mayfield Village, Cuyahoga County, Ohio, and more particularly described in Exhibit A [legal description] and Exhibit B [legal description] respectfully, attached hereto and hereby incorporated by reference herein. The Covenant Areas are also known as Permanent Parcel Numbers ("PPNs"): 831-13-005 and 831-13-020 and parts of PPNs: 831-07-008, 831-07-003 and 831-OS-065. 3. Mayfield Village, Ohio is the fee simple owner of the Covenant Areas. 4. Mayfield Village, Ohio is the holder of this Environmental Covenant. 5. Activity and Use Limitations. As part of the conditions set forth in the 401 Certification issued to Mayfield Village, Ohio, Mayfield Village, Ohio hereby imposes and agrees to comply with the following activity and use limitations on the Covenant Areas: Division: Any division or subdivision of the Covenant Areas is prohibited; Conunercial Activities: Commercial development or industrial activity on the Covenant Areas is prohibited; Construction: The placement or construction of any man-made modifications such as buildings, structures, fences, roads and parking lots on the Covenant Areas is prohibited, ~ other than construction activities that are authorized by the 401 Mitigation Plan approved by the Ohio EPA; Cutting and Other Control of Vegetation: Any cutting of trees, ground cover or vegetation, or destroying by means of