(A) Commercial, residential and other developers for any development containing drainage facilities, said facilities being the city’s responsibility for maintenance, shall execute and file a request for maintenance agreement and waiver of notice of public hearing with the city no later than the time of request for final plat approval.
(B) Said agreement and waiver of notice shall permit the city to establish drainage maintenance fees for maintaining said drainage facilities in accordance with R.C. Ch. 6137. Copies of said agreement and waiver of notice are set forth in full following this section and are hereby made a part of this chapter.
(Prior Code, § 1044.01) (Ord. 92-9, passed 6-9-1992)
REQUEST FOR MAINTENANCE AGREEMENT
Whereas, _____________________________________ is the title owner in fee simple of the real estate known as _________________ consisting of approximately _____ acres of land in Sections _______ of __________ County of Summit, Ohio, and said _________________ shall become the owner of the area therein to be dedicated to the public use; and
Whereas, said _______________________________ Subdivision contains _______ lots as set forth on the plat and amendments thereto as shall be recorded with the County of Summit Recorder; and
Whereas, said ___________________________ contains a number of ditches, storm sewers, culverts, a retention area, a retention basin and general drainage areas, all of said areas being set forth on the plans showing the same as being within the drainage easements as shown on the original plat and amendments thereto; and
Whereas, the plans have been sealed by a professional engineer registered in the State of Ohio; and
Whereas, the City of Green, as part of the subdivision review, shall approve all of the ditches, storm sewers, culverts, the retention area, the retention basin and general drainage areas, as shown on the original plans and plat; and
Whereas, the improvements are to be constructed by the owner under the supervision and control of the City of Green and shall meet the approval of the City of Green as constructed; and
Whereas, the owner agrees that this agreement, along with the plan and schedules of the improvements, shall be filed with the Clerk of Council of the City of Green to locate and establish such as a public watercourse.
This Maintenance Agreement for drainage facilities is a part of the development plan, and the obligation to pay the maintenance fees shall pass with the title to the property. There shall be inserted in each deep passing title to any of the land herein by the owner or developer the words:
“Title to the fee includes the obligation to pay the drainage maintenance fee assessed, or to be assessed, by the city, pursuant to Ohio Revised Code Chapter 6137 and following.”
NOW, THEREFORE, the above owner wishes to have established by the Council of the City of Green a Ditch Maintenance Fund, pursuant to Section 6131.63 and Chapter 6137 of the Ohio Revised Code, and have the lots and public areas assessed for said maintenance.
IN WITNESS WHEREOF, we have hereunto set our hands this ____ day of ____________ , 20___.
________________________________ ______________________________________
Witness Owner
_________________________________ ______________________________________
Witness Owner
STATE OF OHIO, SUMMIT COUNTY, SS
BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED ___________________ WHO ACKNOWLEDGED THAT HE/SHE/THEY DID SIGN THE FOREGOING INSTRUMENT AND THAT THE SAME IS HIS/HER/THEIR FREE ACT AND DEED.
IN TESTIMONY WHEREOF, I HAVE HERETO SET MY HAND AND OFFICIAL SEAL, AT _____________________ THIS ________ DAY OF _______________, 20____.
__________________________
Notary Public
_____________________ Subdivision Recorded in Cabinet _____ Slides.
WAIVER OF NOTICE OF PUBLIC MEETING
We, the undersigned, being all the owners affected by the Request for Maintenance Agreement which has been submitted by us on behalf of the ______________________, hereby waive the holding of said public meeting since there are no other owners to object to said assessment, and hereby request that the said Maintenance Fund be immediately enacted.
___________________________
Owner
____________________________
Owner
STATE OF OHIO, SUMMIT COUNTY, SS
BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED _________________ WHO ACKNOWLEDGED THAT HE/SHE/THEY DID SIGN THE FOREGOING INSTRUMENT AND THAT SAME IS HIS/HER/THEIR FREE ACT AND DEED.
IN TESTIMONY WHEREOF, I HAVE HERETO SET MY HAND AND OFFICIAL SEAL, AT __________________ THIS _____ DAY OF ______________________ , 20____.
_________________________________
Notary Public
This instrument was prepared by:
_______________________________________
Owner