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CITY OF NORTH OLMSTED RESOLUTION N0.2010 - 58 BY: Mayor Kennedy A RESOL UTION ACCEPTING A CONSERVATION EASEMENT TO THE CITY OF NORTH OLMSTED FOR PRESERVATION OF RIPARIAN FLOODPLAIN PURSUANT TO NORTH OLMSTED CODIFIED CHAPTER 926, AND DECLARING AN EMERGENCY. WHEREAS, the City recently approved development plans for Mercedes/Sprinter automotive dealership (M3 Realty LLC) located at 28450 Lorain Road, subject to and conditioned upon several items, including but not limited to Consolidation Plat for adjoining parcels and compliance with utility improvements, such as Riparian Setback requirements set forth in North Olmsted Codified Chapter 926; and WHEREAS, this Council has, in conjunction with the development plan review, addressed strict compliance with and/or variance from several provisions of Chapter 926, based upon the advice of the Directors of Planning and Law, as well as the technical review and recommendations of the City Engineer, including but not limited to requirements of Conservation Easement pursuant to Section 926.08 (c), as herein proposed on Permanent Parcel No. 234-24-006 and presented for acceptance by the City of North Olmsted; and WHEREAS, M3 Realty LLC has proposed to convey a Conservation Easement to the City of North Olmsted, in lieu of conveyance to third-party conservationist, in order to comply with requirements of Chapter 926, satisfy its development plan obligations, and to facilitate the preservation objectives within the riparian setback, control flooding, and generally advance the health, safety and public welfare of the citizens of North Olmsted, Ohio; and WHEREAS, it is the desire of this Council to authorize the Mayor, on behalf of the City, to accept said Conservation Easement and to authorize the City Engineer to record same, so that the City may protect and preserve the area. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO: SECTION 1: That the Mayor is hereby authorized to accept, on behalf of the City of North Olmsted, from M3 Realty LLC, the owner of certain real property as located and described on the Easement attached hereto as Exhibit A, a Conservation Easement to the City of North Olmsted, Ohio, in substantially the same form as that of Exhibit A, subject to being in technical form by the Engineer and such additional amendments as to form as may be approved by the Director of Law.