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{ y ._ ,~/~~ ~ .. CITY OF NORTH OLMSTED RESOLU£ION No. 63 °_„~;~ A R.ESt)LUTION ACCEPTING THE COVENANT OF VINEWt~D ESTATES, INC. TO WITHHOLD FROM DEVELOPMENT CERTAIN LAND IN ROSE TREE SUBDIVISION No. 3, AND DECLARING AN EMERGENCY. "~ WHEREAS, there is now pending before Council ' Ordinance No. 62-205 for the re -mooning from Class C Residence to Multiple Residence of certain parcels in the Rose Tree Sub- division No. 3; and WHEREAS, Council has reason to believe that the sanitary sewer may be inadequate to carry the additional sewer burden imbosed by multiple dwellinest and WHEREAS, Vinewood Bstates, Inc. has agreed t0 give to the City of North Olmsted a covenant under the terms of which there will be withheld from development 7.3 acres of land in the Rose Tree Subdivision No. 3; and WHEREAS, the Engineer has advised the Council that the development of the balance of the parcels described in trdnance No. 62-205 for multiple dwellings can be adequately handled by the present sanitary sewers; and WHEREAS, the developer has agreed to withhold development of multiple dwellings on the 7.3 acres until such tithe as it has been ascertained that sanitary sewer services available for this area are adequate and until such time as the Council of the City of North Olmsted unanimously determines that there is adequate sewer service to permit further building in said area; and WHEREAS, the developer has in his covenant agreed to establish deed restrictions to evidence this. NOW, THEREFORE, $~iE IT RESOLVED by the Council of the City of North Olmsted, State of Ohio: Section 1: That this Council hereby determines the necessity of accepting from Vinewood Estates, Inc. its written covenant to withhold from residential construction, evidenced by deed restrictions, an area of 7.3 acres of the parcels in Rowe Tree Subdivision No. ~ for which legislation in Ordinance No. 62-205 is now pending. Said covenant to remain in full force and effect until such time as this Council unanimously determines that there is adequate sewer service to permit the building of additional residences in the aforesaid area. '"' Section 2: That this Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the City by virtue of the urgent necessity of making certain that development of the within area will not exceed the capacity of the sanitary sewers; WHEREFORE, it shall take effect and be i.n force immediately upon its passage and approval by the Mayor, otherwise, it shall take effect and be in force from and after the earliest period allowed by law, ' race Mac onalci, res dent o Council ATTES ~, _- ~-, .n . (>E1iSe Ha11, ,,,G3,erk S) ~ gq~tcil ~x.~c,r f~'~` .,,~~ ~ ~ ~~~ --~ ~~ - r ~ APPROVED: ~•~~~'' ~ , Paul Jri Careau, Mayor