91-132 Ordinance - Laserfiche WebLink

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,_ , ~ a~l.l ~ i11~ ~'~a~~ ,r ~• (t I li f y,• 1r ~ ...~ ~~ ~ - ~~ ~.. ^ra ~s/ DECLARATION OF RESTRICTIONS) ` J ` ~ ~'' ~ ~ THIS DECLARATION OF RESTRICTIONS is made by BISKIND DEVELOPMENT ~~~ COMPANY, the "Declarant". Wit.. 91-832 PAv~ ~ ~ ~ ~~~~ WITNESSETH WHEREAS, Declazant is the owner of the real property located in the City of North Olmsted, Ohio, and more fully described on Exhibit "A" attached hereto and made a part hereof (the "Property"); WHEREAS, Declazant wishes, for the benefit of the City of North Olmsted and surrounding and abutting landowners, to restrict the use of the Property and to covenant to provide for certain landscaping of the Property under the terms and conditions set forth herein. NOW, THEREFORE, Declazant, as owner of the Property, for itself, its successors and assigns, declazes as follows: 1. That the use of the pazcel or pazcels described on Exhibit A shall be restricted only to Office Building or Hotel Use and such other Accessory Uses as presently permitted by the Zoning Code of the City of North Olmsted for such Office Building or Hotel Uses. Moreover, in no event shall any General Retail or Local Retail Business Use, under Chapter 1139 of the North Olmsted Codified Ordinances, be permitted upon the pazcel or pazcels. 2. The maximum height of each building constructed upon the said pazcel or pazcel shall be four stories or the height of Corporate Centers I and II, whichever is lesser. 3. Declazant shall install, construct and maintain fifty feet (50') of landscape buffering in all perimeter areas of the parcel or pazcels abutting any Residential District or Columbia Road. 4. No driveways, or other access or egress, shall be installed or maintained from Columbia Road to that portion of the Property Identified on Exhibit "A". 5. Subject to the provisions of Pazagraph 5 below, the restrictions and covenants created by this Declaration shall create a perpetual covenant running with the land and shall be binding upon the Property and upon Declazant and its successors and assigns. Further, the restrictions and covenants shall inure to the benefit of the City of North Olmsted and to surrounding and abutting landowners. The provisions of the Declazation shall not be amended, terminated or otherwise modified without the written consent of the Declazant, its successors and assigns, as owner of the Property, and the City of North Olmsted, as evidenced by a majority vote of City Council. Prior notice of any proposed amendment, termination or modification shall be given in writing to all abutting landowners at least two (2) weeks prior to any such City Council vote. 6. Notwithstanding any provision of this Declaration to the contrary, this Declaration shall become effective only at such time as Delcazant's application for rezoning of the Property