10/7/2014 Meeting Minutes - Laserfiche WebLink

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SECOND: That no drive, driveway or roadway will be installed, constructed or built on the Property at its boundary with Silverdale Road, North Olmsted, Ohio, and that no vehicular access will be permitted directly from the Property to Silverdale Road. This Second Restriction is likewise made for the benefit of the City of North Olmsted and the owners of property adjacent to the Property. THIRD; Subject to the provisions of Paragraph 4 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 Declarant and its successors and assigns. Further, the restrictions and covenants shall inure to the benefit of the City of North Olmsted and to adjacent landowners. The provisions of the Declaration shall not be amended, terminated or otherwise modified without the written consent of the Declarant, his successor 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. FOURTH: Notwithstanding any provision of this Declaration to the contrary, this Declaration shall become effective only at such time as Declarant's application for rezoning of the Property from a residential classification to a retail or parking use classification is finally approved by the City of North Olmsted and shall remain in effect only for so long as the Property is zoned for such a use under the zoning laws of the City of North Olmsted; and WHEREAS, Declarant, on the day of , 2014 submitted to the City of —� North Olmsted a proposal ( "Development Plan ") to redevelop the Property which proposal includes a drive, driveway or roadway to be installed, constructed or built on the Property at its boundary with Silverdale Road, North Olmsted, Ohio, and allowing vehicular access directly from the Property to Silverdale Road, in contravention to the aforementioned Declaration of Restrictions; and WHEREAS, the City of North Olmsted, City Council on the day of DO,)bLn 2014, authorized an Amendment of the Declaration of Restrictions as required by the Third paragraph of the Declaration of Restrictions subject to (1) completed construction in conformity with the approved Development Plan; and (2) use of the property consistent with the Development Plan.