2005 038 Ordinance - Laserfiche WebLink

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w? ,.?- . BIKE PATH EASEMENT AGREEMENT THIS BIKE PATH EASEMENT AGREEMENT (the "Agreement") is made and entered into as of the day of , 2005 by and between AIK M,4YFIELD VILLAGE LLC, an Ohio limited liability company ("AIK") and SOM COURT DEVELOPMENT CORP., an Ohio corporation ("SOM") (AIK and SOM shall hereinafter be referred to together as, the "Grantor"), and MAYFIELD VILLAGE, Ohio ("Grantee"). RECITALS: A. AIK holds legal title to approximately 6.28 acres of real property together with all appurtenant rights, privileges, and easements thereto (the "Grantor's Property"), which real property is situated in Mayfield Village, Cuyahoga County, Ohio, as more fully described in Exhibit A attached hereto and made a part hereof. - B. SOM holds equitable title to the Grantor's Property pursuant to a certain Installment Land contract dated September 10, 2004 between AIK and SOM. C. SOM has agreed to cause the design, approval, and platting of a single-family residential subdivision (the "Subdivision") upon the Grantor's Property consisting of twenty-five (25) improved building lots (each, a"LoY'), which Subdivision is evidenced by final development plans approved by the Grantee by-and through its Planning Commission on September 13, 2004 and Mayfield Village Council on September 27, 2004. D. Grantee owns the real property that is contiguous to and abuts Grantor's Property and intends to establish a continuous right of way over and across Grantee's Parcels for purposes of a recreational bicycle and hiking trail. E. Grantee desires to obtain an easement over and across a portion of Grantor's Property to be agreed upon by Grantor and Grantee (the "Bike Path Parcel") such that said easement will intersect with Grantee's Parcels in order to form a continuous right-of-way over and across Grantee's Parcels and Grantor's Parcel. F. Grantor agrees to grant unto Grantee the Bike Path Easement, subjeet to the terms and conditions contained herein over the property described on Exhibit B attached hereto and made a part hereof which is also depicted on page 6 of the SOM CourtImprovement Plans attached hereto as Exhibit C and made a part hereof. NOW, THEREFORE, intending to be legally bound hereby and for $10.00 and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and of the covenants, agreements, conditions, restrictions and stipulations herein contained, it is agreed as follows: 1. Grant of Easement. Grantor hereby grants to Grantee an appurtenant easement, in favor of Grantee's Parcels (the "Bike Bath Easement") for purposes of placing and maintaining certain improvements (collectively, the "Bike Path Facilities") over and across the Bike Path Parcel described on Exhibit C, which Bike Path Facilities shall be for the use and benefit of the public insofar as such may be utilized for recreational bicycling and hiking purposes. 2. Installation, Maintenance and Repair. Grantee shall install, operate, use and maintain the Bike Path Facilities in such a manner so as to not in any way negatively impact in any manner the grade, appearance, drainage, landscaping, other plantings and soil conditions of, or the improvements situated upon, any portion of Grantor's Parcel, the Subdivision, or the Bike Path Parcel, and shall keep the Bike Path Facilities and the Bike Path Parcel in