Resolution 2014-15

AN EMERGENCY RESOLUTION
AUTHORIZING AND DIRECTING
THE MAYOR AND PRESIDENT OF COUNCIL
TO ENTER INTO AN ENVIRONMENTAL COVENANT
WITH THE OHIO ENVIRONMENTAL PROTECTION AGENCY

WHEREAS, the Owner is the owner in fee of certain real property, which contains the Covenant Areas and is situated in Cuyahoga County, Ohio, in the Beechers Brook (Chagrin River) watershed;

WHEREAS, Mayfield Village, Ohio constructed a certain project on certain other real property, the Widening of State Route 91/SOM Center Road from Wilson Mills to White Road, also located in Cuyahoga County, Ohio ("the Project"), which the Project impacted certain surface water features located in and adjacent to the Project area and the approvals for which Project required that Mayfield Village, Ohio obtain a water quality certification pursuant to Section 401 of the Clean Water Act, 33 § 1344 from the Ohio EPA;

WHEREAS, in order to mitigate such impacts on the jurisdictional streams residing within the Project area and as a condition of being issued the 401 water quality certification Ohio EPA ID No. 032819 (the "401 Certification") the Ohio EPA has required that Mayfield Village, Ohio protect the Covenant Areas in perpetuity with an Environmental Covenant;

WHEREAS, to meet the conditions in the 401 Certification, Mayfield Village, Ohio has constructed and implemented the stream mitigation requirements contained in Mayfield Village, Ohio's 401 Certification dated May 21, 2003 at Paragraph III(a) in the Covenant Areas of the jurisdictional streams residing in and adjacent to the Project area; and

WHEREAS, Mayfield Village, Ohio proposes to fulfill its obligation to ensure the Covenant Areas are protected in perpetuity by entering into this Environmental Covenant.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THAT:

SECTION 1. The Mayor and President of Council are hereby and herein authorized and directed to enter into an Environmental Covenant by and between Mayfield Village, Ohio and the Ohio Environmental Protection Agency, (“Ohio EPA”), a copy of which is attached hereto and incorporated herein by reference as Exhibit “A”, for the purpose of subjecting certain property ("the Covenant Areas") to the activity and use limitations set forth therein.

SECTION 2.  The Council finds and determines that all formal actions of the Council relating to the adoption of this Resolution have been taken at open meetings of this Council; and that deliberations of this Council and of its committees, resulting in such formal action, took place in meetings open to the public in compliance with all statutory requirements including the requirements of Section 121.22 of the Ohio Revised Code.

SECTION 3.  This Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the health, safety and welfare of the residents of Mayfield Village.  It shall, therefore, take effect immediately upon passage by the affirmative vote of not less than five (5) members elected to Council and approval by the Mayor or otherwise at the earliest time allowed by law.

Resolution Adopted: June 16th, 2014

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