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constituted homeowners' or lot owners' association formed by and
<br />consisting of the owners of Lots within the subdivision (the
<br />"Association").
<br />L. The Village has the resources and where-with-all to enforce the terms, conditions
<br />and restrictions of its grants made herein.
<br />M. The Village desires to accept AIK-SOM's grant of the Conservation Easement for
<br />the public purposes set forth in Section 5301.67 et seq. of the Ohio Revised Code.
<br />NOW THEREFORE, for and in . consideration of the foregoing and other good and
<br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and
<br />pursuant .to the laws of the State of Ohio, and in particular Sections 5301.67 et sea. of the Ohio
<br />Revised Code, AIK and SOM hereby declare and bind themselves, and all parties who have or
<br />may acquire any legal or equitable right, title or interest in or to the AIK-SOM Property or any
<br />portion thereof, whether as legal or equitable owner, lessee; licensee, or holder of any present or
<br />future right or privilege of ownership, possession, use or enjoyment of the AIK-SOM Property or
<br />any part thereof, and the Village hereby declares and binds itself, and all parties wlio have or
<br />may acquire any, legal or equitable right, title or interest in or to the Village Property or any
<br />portion thereof, whether as legal or equitable owner, lessee, licensee, or holder of any present or
<br />future right or privilege of owriership, possession, use or enjoyrnent of the Village Property or
<br />any part thereof, to.the following:
<br />L. THE CONSERVATION EASEMENT
<br />AIK-SOM grants to the Village its successors and assigns and future owners of the
<br />Village Property or any portion thereof a perpetual easement over the portions of the
<br />Conservation Area that are sifuated upon the AIK-SOM Property, and the Village grants to AIK-
<br />SOM; its successors and assigns and future owners of the AIK-SOM Property or any portion
<br />thereof a perpetual easement over the portions of the Conservation Area that are situated upon
<br />the Village Property.
<br />1. Conservation Easemegt Purpose. It is the purpose of this mutual grant of the
<br />Conservation Easement to conserve the natural resources of the woodlands located on the
<br />Conservation Area through the protection, preservation and maintenance of the Conservation
<br />Area forever as an undisturbed, natural, and wooded area as a habitat for birds, plants and other
<br />wildlife (the "Conservation Purpose").
<br />2. Management Activities. To accomplish the Conservation Purpose, the Village, its
<br />employees, representatives, and agents shall be entitled, at the Village's sole cost and expense, to
<br />enter in, upon and over the Conservation Area, without notice, at any reasonable time and from
<br />time to time to enforce the terms, conditions and restrictions hereof, to effect restoration,
<br />preservation and maintenance of the Conservation Area and to undertake habitat and other
<br />management activities (collectively, the "Management Activities") in order to preserve and
<br />protect the conservation values, including natural, educational, and aesthetic values of the
<br />Conservation Area. Management Activities are as follows:
<br />(a) Planting trees, shrubs, and perennial and/or annual plants that occur
<br />naiurally in the Conservation Area's habitat and are native to the area; and ,
<br />CLEV 1997_1472356_S.DOC 3
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