2005 039 Ordinance - Laserfiche WebLink

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CONSERVATION, BIKE PATH, AND BIO-DETENTION AREA EASEMENT AGREEMENT THIS CONSERVATION, BIKE PATH, AND BIO-DETENTION AREA EASEMENT AGREEMENT ("Agreement") is entered into as of this day of _, 2005 by AIK MAYFIELD VILLAGE LLC, an Ohio limited liability company ("AIK"), and SOM COURT DEVELOPMENT CORP., an Ohio corporation ("SOM"). (AIK and SOM sha11 hereinafter be referred to together as, "AIK-SOM"), and MAYFIELD VILLAGE, Ohio, a municipal charter corporation and political subdivision of the State of Ohio ("Village"). RECITALS: A. AIK holds legal title to approximately 6.28 acres of real property together with all appurtenant rights, privileges, and easements thereto (the "AIK-SOM 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 AIK-SOM Property pursuant to a certain ,- Installment Land contract dated September 10, 2004 between AIK and SOM. C. SOM has caused the design, approval, and platting of a single-family residential subdivision .(the "Subdivision") upon the AIK-SOM Property consisting of twenty-five (25) improved building lots (each, a"Lot"), which Subdivision is evidenced by final development plans approved by the Village by and through its Planning Commission ori September 13, 2004 and Mayfield Village Council on September 27, 2004 (the "Subdivision Plan"). The Subdivision Plan is attached hereto as Exhibit B and made a part hereof. ' D. The Subdivision Plan depicts the following: SOM Court Roac1, 2. The 25 Lots, , 3. An area of .6915 acres at the southeast corner to be used in part for a storm water detention basin which is.depicted on Exhibit B, and 4. A small area at the northeast corner to be used for an entrance and sign, which area is identified on Exhibit B as Common Area "A" (the "Common Area"), the further legal description of which is shown on Exhibit E attached hereto and made a part hereof. E. The Village is a municipal corporation organized under the laws of the State of Ohio and authorized to operate in the State of Ohio whose qualifies as a rnunicipal corporation pursuant to Section 5301.69 (B) ofthe Ohio Revised Code and as a governmental unit pursuant to 170(b)(1)(A)(v) of the Internal Revenue Code. F. The Village owns the real property that is soutli of the AIK SOM Property (the "Village Property"), which is identified as Permanent Parcel Numbers 831-13-05 831-13-17 and 831-13-18.: The Village Property is a substantially undisturbed, natural, and wooded area which is the natural habitat of wildlife and plants and therefore, has conservation values, including natural, and aesthetic values in its present state.