2005 039 Ordinance - Laserfiche WebLink

Home Browse Search

e_ G. . The Village intends to develop and use the Village Property as a park which will include a bike path and walking trail. H. The Village wishes to include as part of the park tlie storm water detention area described in Recital D-3 above and preserve it substantially in its undisturbed, natural condition. Furthermore, the Village wishes to include as part of the park such storm water detention area in order to continue the bike path as part of its overall plan so that the bike path is connected to and runs from the AIK-SOM Property to the Village Property. 1. To accomplish its purposes, the Village proposed and AIK and SOM accepted the relocation of the above-referenced storm water detention basin to the southeast corner of Exhibit B and the balance thereof on the Village Property as 'depicted on page 6 of the SOM Court Development Improvement Plans approved by the Village (the "Improvement Plans") attached hereto as Exhibit C and made a part hereof. The relocated detention basin was designed by the Village Engineer. The storm water detention basin is now identified as the bio-detention basin (the `Bio-Detention Area"). J. In addition, the Village wishes to use a portion of the real property described on Exhibit B as and for a bike and walking path. The bike and walking path are also depicted on Exhibit C; i.e., page 6 of the Improvement Plans (the "Bike Path Area"). Furthermore, the location where tlie Bike Path leaves the AIK-SOM Property is, also depicted on page 6 of the Improvement Plans. Consequently, the real property shown on Exhibit B will be used for three (3) purposes: 1. A conservatinn area of approximately .6915 acres which is depicted at the southeast p n of the Subdivision Plan as conservation easement area "B", the lega? .4 ntion of which is attached hereto as Exhibit D and made a part herec,; `(;onservation Area"). 2. A bio-detention basin. 3. A bike and walking path. The foregoing are depicted on page 6 of the Improvemen, ns. K. The parties hereto understand and agree that: The Conservation Area will remain in a. +antially undisturbed natural state. 2. The bike and walking path will be constructed, uuilt and maintained by the Village. 3. The bio-detention basin will be constructed and built by SOM and thereafter maintained by the Village. ' 4. If the Village abandons or discontinues the u,se of the bike and walking path, it will immediately become part of the Conservation Area and subject to all of the limitations and requirements pertaining to the Conservation Easement (described below). 5. If the Village abandons the Conservation Area or violates any of the terms, conditions or restrictions pertaining thereto, all of the Village's rights, obligations and duties shall be transferred and assigned to the duly CLEV 1997_1472356_S.DOC 2