(a) Dedication for Public Use. If the final plat indicates that land is provided for public use, Council shall also act upon the acceptance of dedication of any public land and acceptance of any easement before it is recorded. The acceptance of any street for public use and maintenance shall be by separate action of Council and shall not be taken until all improvements required under Chapter 1139
have been constructed to the full satisfaction of Council and the Village Engineer.
As soon as all improvements have been so constructed, the owner shall file with the Director of Law a certificate of title insurance in an amount equal to the value of such improvements as estimated by the Village Engineer, meeting with the approval of the Director of Law, showing title to the street, streets or other public land in the subdivision good in the Village for the appropriate purposes and uses, which title is to be free and clear of all encumbrances whatsoever. Council then may, but shall not be required to, approve the plat for dedicating the street areas and accept the streets as public highways, and its acceptance shall be endorsed on the record plat with such endorsement substantially in the form of Form 8 in Appendix I of these Regulations, and such plat shall then be recorded or rerecorded by the Village Engineer in the office of the County Recorder. If Council does not accept the dedication, it shall be noted on the record plat that the street or streets within that subdivision have not been accepted for public use and that maintenance thereof by the Village is not required, with such notation substantially in the form of Form 9 of Appendix I of these Regulations, and such plat shall then be recorded or rerecorded by the Village Engineer in the office of the County Recorder. In addition thereto, the developer shall, in any deed or purchase agreement relating to the subdivision as a whole or to individual lots therein, include the following provision:
"The undersigned grantees of a building lot or parcel of land described as follows: (insert legal description), which is subject to the terms and provisions of the Declaration of Restrictions and Easements of Subdivision duly executed and filed for record by the (name of developer) on the day of , 19 , and recorded in Volume , Page , of Cuyahoga County Records, do hereby acknowledge that (name of street(s)) within the Subdivision is (are) (a) private roads and not (a) dedicated public thoroughfare(s); that the Subdivision Home Owners Association and/or the owners of the sublots on (name of street(s)) shall pay all costs of maintaining, repairing and replacing the roadway(s), utility lines and facilities (including snow removal), as provided in the Declaration of Restrictions; and that the Village of Gates Mills cannot and will not provide public maintenance or services to (name of streets(s) as (a) private road(s)."
and the developer shall also taken such steps as necessary to ensure that each of its successors in interest also includes such provision in any deed or purchase agreement.
(b) Land Reserved for Public Use. The Commission, with the concurrence of Council, may request, by resolution, a developer to set aside, reserve or offer for sale, land for streets, parks, wildlife refuges or other public uses for a period of ninety days after the application for approval of a preliminary plan, or for a longer period as may be mutually agreed, to allow the Village time to acquire such land. During such period, no structure shall be erected, no trees or topsoil shall be removed or destroyed and no grading shall be done on such land, and no land so reserved shall be put to any use whatsoever, except with the written approval of the Commission.
(c) Other Developments. An application and preliminary plan shall be submitted by the developer to the Commission for all proposals for other developments or subdivisions involving open spaces for common use. All procedures, maps, plans, profiles and other data required by Section 1135.06
shall be complied with and furnished if determined applicable by the Commission. Where streets or other areas are to be used by the public, all procedures, maps and other data required by Section 1135.06
shall be complied with and furnished if determined applicable by the Commission.
(Ord. 2362. Passed 10-9-89.)