City Council

City of Middleburg Heights, Ohio Council Agenda February 28,2023 7:00 P.M.REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting of February 14,2023 Minutes ofthe Executive Session ofFebruary 14, 2023 COMMUNICATIONS Memorandum from Planning Commission dated February 23, 2023 advising members granted preliminary approval of the proposed subdivision submitted by Ruggiero Construction subject to engineer approval. Further action needed by Council. AUDIENCE PARTICIPATION APPOINTMENTS AND CONFIRMATIONS ORDINANCES.RESOLUTIONS AND MOTIONS 1. City Parks, Recreation & Services Committee- Mr. Ali, Chairman 2. Finance, Taxation & Assessments Committee - Mr. Bortolotto, Chairman 3. Legislation & Rules Committee- Mr. Ference, Chairman 4. Public Health, Safety & Relief Committee - Mr. McGregor, Chairman 5. Public Improvements Committee - Mr. Sage, Chairman 6. Streets, Utilities & Railroad Committee - Mr. Meany, Chairman 7. Zoning & Building Code Committee - Mr. Grech, Chairman MAYOR^S REPORT 1. Law Director 2. Finance Director 3. Recreation Director 4. Economic Development Director 5. Service Director 6. Executive Assistant ADJOURNMENT  City of Middleburg Heights, Ohio Council Agenda FEBRUARY 28, 2023 PAGE 2 2023 PENDING LEGISLATION ORDINANCE NO.2023-6-INTRODUCED BY COUNCILMAN GRECH An Ordinance approving the proposed zoning code edits submitted by Stewart Land Use. 1®* Reading and Referred to Planning Commission -January 24,2023 2"*^ Reading- February 14,2023 UN-NUMBERED LEGISLATION INTRODUCED BY MAYOR CASTELLI An Ordinance authorizing the mayor to enter into an agreement with the Board of Park Commissioners of the Cleveland Metropolitan Park District for the transfer by deed of gift a vacant lot at 18880 East Bagley adjacent to the Big Creek Reservation of the Cleveland Metroparks.  Boards and Commissions City of Middleburg Heights 15700 Bagley Road • Middleburg lieights, Ohio 44130 • 440-239-6252 - Fax 440-234-9092 /. kearley@middlebiirgheigh(s.coni Kim Earley Norman H.llerwerden Secretaiy Building Commissioner MEMORANDUM TO: MARY ANN MEOLA, CLERK OF COUNCIL FROM: KIM EARLEY,BOARDS AND COMMISSIONS SECRETARY DATE: FEBRUARY 23, 2023 SUBJECT: RUGGIERO CONSTRUCTION,BENEDICT DRIVE AND INTERSTATE 71, NEW SUBDIVISION,PRELIMINARY At the regularly scheduled Planning Commission meeting February 22, 2023, members granted preliminary approval of the proposed subdivision as submitted with the condition the City Engineer approves the plans. In accordance with Section 1111.03: Record Map of the Codified Ordinances, preliminary plans are referred to City Council for approval. The plans approved by the Plamiing Commission are enclosed. Please return four signed copies of the plans after City Council takes action. Planning Cojnmission - Board of Zoning and Building Appeals  delivered FLB Z 3 2023 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2023- Introduced By: Mayor Matthew Castelli AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE BOARD OF PARK COMMISSIONERS OF THE CLEVELAND METROPOLITAN PARK DISTRICT FOR THE TRANSFER BY DEED OF GIFT A VACANT LOT AT 18880 EAST BAGLEY ROAD ADJACENT TO THE BIG CREEK RESERVATION OF THE CLEVELAND METROPARKS WHEREAS, Permanent Parcel 371-09-012, which is part of the Middleburg Heights Land Reutilization Program, is an approximately 3.1-acre parcel of land located adjacent to the Big Creek Reservation of the Cleveland Metropolitan Park District in the City of Middleburg Heights; and WHEREAS, Permanent Parcel 371-09-012 is a vacant lot located at 18880 East Bagley Road in Middleburg Heights, OH and is no longer needed for any municipal purpose;and WHEREAS, it is the desire of Council and the Administration to return this 3.1-acre parcel of land to productive use by deed of gift to the Cleveland Metroparks; and WHEREAS, the Cleveland Metroparks agrees to accept the property and agrees that Cleveland Metroparks will build a trailhead on the property connecting Bagley Road to Cleveland Metroparks Big Creek Reservation within five years. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That Permanent Parcel 371-09-012 as described in Exhibit B of the attached agreement is no longer needed for any municipal purpose. Section 2: That the Mayor is hereby authorized to enter into an agreement, a copy of which is attached hereto and marked “Exhibit A”, with the Board of Park Commissioners of the Cleveland Metropolitan Park District for the transfer by deed of gift to Cleveland Metroparks an approximately 3.1-acre parcel of land adjacent to the Big Creek Reservation of the Cleveland Metropolitan Park District in the City of Middleburg Heights. Section 3; It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Clerk of Council Approved On: Presented to Mayor: Yea Nay Mayor Bortolotto Ali Sage Meany McGregor Ference Grech  AGREEMENT OF GIFT THIS AGREEMENT OF GIFT is entered into as of this day of , 20 (the “Effective Date”), by and between MIDDLEBURG HEIGHTS LAND REUTILIZATION PROGRAM ("Grantor"), and the BOARD OF PARK COMMISSIONERS OF THE CLEVELAND METROPOLITAN PARK DISTRICT,a political subdivision of the State of Ohio ("Cleveland Metroparks"). RECITAL Grantor desires to transfer by deed of gift to Cleveland Metroparks an approximately 3.1 acre parcel of land, known as Permanent Parcel 371-09-012, located adjacent to the Big Creek Reservation ofthe Cleveland Metropolitan Park District in the City of Middleburg Heights, County of Cuyahoga, and State of Ohio and depicted in Exhibit A. as provided herein, together with all improvements thereon and all appurtenances thereunto belonging and described in Exhibit B (the “Property”), both Exhibits being attached hereto and made a part hereof, and all of the Grantor’s interest in the land, including but not limited to its interest in all leases for the use or occupancy of the Property, including but not limited to oil, gas and mineral rights, and Cleveland Metroparks desires to accept such transfer on the terms and subject to the conditions contained herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein. Grantor and Cleveland Metroparks agree as follows: 1. Agreement to Convey and Agreement to Build Trailhead. Grantor agrees to transfer the Property by deed of gift to Cleveland Metroparks, and Cleveland Metroparks agrees to accept the transfer of the Property, subject to the terms and conditions hereinafter set forth. Grantor represents that it has full authority to make such transfer and does not require the consent of any other party. Cleveland Metroparks agrees that Cleveland Metroparks will build a trailhead on the Property connecting Bagley Road to Cleveland Metroparks Big Creek Reservation within five(5) years of the Closing Date (hereinafter defined), subject to reasonable extensions or delays, as agreed to by the parties. 2. Escrow. An executed copy of this Agreement shall be deposited with Guardian Title, 7550 Lucerne Drive, Suite 310, Middleburg Heights, Ohio 44130 (the "Title Company"), as escrow agent (the "Escrow Agent"), concurrently upon execution by all parties and shall serve as escrow instructions for the closing of this transaction. Escrow Agent may attach its Standard Conditions of Acceptance of Escrow hereto; provided, however, that this Agreement shall govern in the event of any inconsistency between this Agreement and such Standard Conditions of Acceptance of Escrow. 3. Due Diligence. Surveys, and Title Commitment. 1  (a) Grantor grants to Cleveland Metroparks, and its agents, licensees, employees, assigns, contractors, and subcontractors, a license, to enter upon the Property and the full right of access to the Property in order, at Cleveland Metroparks' sole cost and expense,to inspect the Property, to perform engineering and environmental investigations, surveys and tests, to take samples, including samples of soil and groundwater beneath the surface of the Property, and to conduct such additional engineering, environmental, and other investigations as Cleveland Metroparks shall deem necessary or desirable as due diligence to evaluate the Property for Cleveland Metroparks' intended ownership, occupancy, and use thereof. (b) Cleveland Metroparks, at Cleveland Metroparks' sole cost and expense, may cause a survey of the Property (the "Survey"), to be made by a certified land surveyor duly licensed and registered under the laws of the State of Ohio. (c) Cleveland Metroparks, at Cleveland Metroparks' sole cost and expense, shall cause the Title Company to issue and deliver to Cleveland Metroparks a title insurance commitment to issue the Title Policy (as hereinafter defined), together with legible copies of all documents referred to in Schedule B-Part 2 thereof(collectively, as endorsed from time to time, the "Title Commitment"). Cleveland Metroparks shall notify Grantor and Escrow Agent of any exceptions to title that are disclosed in the Title Commitment and that are objectionable to Cleveland Metroparks (together herein called "Unpermitted Exceptions"), provided that Cleveland Metroparks agrees to accept the following exceptions to title (the "Permitted Exceptions") but no other standard exceptions set forth in an ALTA Owner’s Policy (June 17, 2006)title insurance policy: (i) Zoning ordinances and regulations, if any; (ii) Real estate taxes which are a lien but which are not due and payable as of the Closing Date; and (iii) Exceptions to title that have been accepted or approved by Grantor as herein provided. In the event that Cleveland Metroparks so notifies Grantor of any Unpermitted Exceptions, Grantor shall have a period of thirty (30) days thereafter to cure or remove the Unpermitted Exceptions; provided, however, that Grantor shall be obligated to remove, subordinate, or obtain a partial release of any mortgages and other monetary liens against the Premises. Upon the expiration of such thirty (30) day period, Escrow Agent shall notify Grantor and Cleveland Metroparks as to whether or not the Title Company then is in a position to issue the Title Policy, without showing the Unpemiitted Exceptions as exceptions to title. If Escrow Agent shall notify the parties that the Title Company will not issue the Title Policy, without showing the Unpermitted Exceptions as exceptions to title, then Cleveland Metroparks, by notice delivered to Grantor and Escrow Agent 2 within fifteen (15) days after Cleveland Metroparks' receipt of notice from Escrow Agent of the Title Company's refusal to issue the Title Policy, without showing the Unpermitted Exceptions as exceptions to title, shall have the right, in its sole discretion, (A) to waive the Unpermitted Exceptions by notifying Escrow Agent and Grantor within fifteen (15) days after Cleveland Metroparks' receipt of notice from Escrow Agent ofthe Title Company's refusal to issue the Title Policy, without showing the Unpermitted Exceptions as exceptions to title, in which event the obligations of the parties hereunder shall not be affected by reason thereof, the Unpermitted Exceptions shall be deemed to constitute Permitted Exceptions, and this transaction shall be consummated in accordance with the terms and conditions of this Agreement or (B) to terminate this Agreement, as contemplated by Paragraph 5(b). 4. Representations and Warranties of Grantor. Grantor understands that Cleveland Metroparks will perform its due diligence at its own expense, and Cleveland Metroparks will evaluate the Property for its intended ownership, occupancy and use thereof, and that Grantor makes no warranties as to the condition of the Property. Grantor represents and warrants to Cleveland Metroparks that, to the best of Grantor’s knowledge; (a) There are no parties in possession of any part of the Property as lessees, tenants at sufferance or trespassers; (b) There is no pending or threatened condemnation or similar proceeding or assessment affecting the Property or any part thereof; (c) Grantor has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property and all parts thereof; (d) There are no actions, suits, or proceedings against Grantor with respect to the Property, and there are no investigations or actions, suits, or proceedings at law or in equity pending or threatened against Grantor that would adversely affect this transaction or the Property; (e) Grantor has disclosed to Cleveland Metroparks all material facts known to the Grantor which a prudent buyer would want to know regarding the condition or use of the Property. 5. Conditions to Closing. (a) In addition to the conditions provided elsewhere in this Agreement, the obligation of Cleveland Metroparks and Grantor to consummate the transaction contemplated by this Agreement shall be subject to the satisfaction or waiver in writing of each of the following conditions on or before the Closing Date: (i) Due diligence by Cleveland Metroparks, and/or its agents, licensees, employees, agencies, contractors, and subcontractors pursuant to Paragraph 3  3(a) shall have been performed to the satisfaction of Cleveland Metroparks, in its sole discretion, and the Property shall remain in the condition described in report(s) provided in conjunction with performance of such due diligence; (ii) Grantor has agreed not to market the Property or enter into any agreements relating to the Property prior to the Closing Date; (iii) Intentionally omitted. (iv) Title Company shall be in a position to issue to Cleveland Metroparks, dated as of the date and time of Closing (as hereinafter defined), an ALTA Owner’s Policy (June 17, 2006) owner's policy of title insurance, as endorsed, in the amount of which Cleveland Metroparks shall provide notice to Title Company, ensuring that Cleveland Metroparks has good and marketable fee simple title to the Property, subject only to Permitted Exceptions (collectively, the "Title Policy"); (V) Cleveland Metroparks shall have obtained approval by the Probate Court of Cuyahoga County as required by O.R.C. Section 1545.11; (vi) Cleveland Metroparks shall have obtained resolution of the Board of Park Commissioners(the "Approving Resolution"), accepting conveyance ofthe Property; (vii) Cleveland Metroparks shall have completed and delivered to Escrow Agent Part IV of Form 8283, execute Form 8283; (viii) Grantor shall have executed and delivered to Escrow Agent the Exemption Form; (ix) From the Effective Date through the Closing Date, Grantor shall not have caused any added or increased tax or special or other assessment (“Added Assessment”) to be imposed upon the Property; in the event that Grantor causes any Added Assessment to be imposed upon the Property after the Effective Date, Grantor shall pay, on or before the Closing Date, the total amount of such Added Assessment at or before the Closing. (b) In the event that any condition described in this Paragraph 5 or elsewhere in this Agreement with respect to the perfonnance of the parties is not satisfied or waived in writing by Cleveland Metroparks on or before the date on which it is required to be satisfied, Cleveland Metroparks shall have the right to postpone the Closing Date or to terminate this Agreement by notice to Grantor and Escrow Agent. 4  6. Closing Date. The transfer of title to the Premises hereunder by the filing of the Deed for record (the "Closing") shall be on or before that date which is forty-five (45) days after the Effective Date, contingent upon satisfaction or waiver of all conditions to Cleveland Metroparks obligations hereunder (subject to postponement, as permitted hereunder, the "Closing Date"). 7. Control of Property During Escrow. Should any of the improvements of the Property be destroyed or the Property's value as a natural resource be negatively impacted before the Closing Date, Cleveland Metroparks, in its sole discretion, shall have the power, exercisable by giving written notice to Escrow Agent and Grantor, to cancel such escrow and terminate this Agreement. 8. Deposits into Escrow. (a) On or before the Closing Date, Grantor shall deposit or cause to be deposited with Escrow Agent: (i) Grantor’s fully executed Deed of Gift in the form attached hereto and made a part hereof as Exhibit C (the "Deed") conveying to Cleveland Metroparks good and indefeasible fee simple title to the Property free and clear of all exceptions to title except Pemiitted Exceptions; (ii) A completed Statement of Reason for Exemption from Real Property Conveyance Fee (the "Exemption Form"), showing the conveyance to be exempt pursuant to section (r) of the Exemption Form; and (iii) Such funds and other instruments in recordable form or otherwise as reasonably may be required by Escrow Agent as a condition of the closing of the escrow. (b) On or before the Closing Date, Cleveland Metroparks shall deposit or cause to be deposited into escrow with Escrow Agent: (i) Such funds and other instruments in recordable form or otherwise as reasonably may be required by Escrow Agent as a condition of the closing of the escrow. 9. Actions by Escrow Agent. On the Closing Date, if all the funds and documents set forth in Paragraph 8 have been delivered to Escrow Agent and if all other conditions to Cleveland Metroparks' obligation to consummate the transaction contemplated by this Agreement shall have been satisfied or waived in writing by Cleveland Metroparks, then Escrow Agent shall: 5  (a) Cause the Deed to be filed for record in the Cuyahoga County, Ohio, Records; (b) Cause the issuance and delivery to Cleveland Metroparks of the Title Policy; (c) Charge to the account of Cleveland Metroparks the escrow fee, the cost of the title examination and the title insurance premium for the Title Policy, the fee for recordation of the Deed and all other sums properly chargeable against Cleveland Metroparks hereunder or customarily charged to Cleveland Metroparks in accordance with common escrow practices in the county in which the Property is located, except as otherwise specifically provided herein to the contrary; (d) Charge to the account of Grantor the cost of recording any instruments, if any, required in order to clear title of all exceptions to title other than the Permitted Exceptions. provided however, that, except as otherwise specifically provided herein to the contrary, in the event that this Agreement is terminated prior to the Closing Date (other than upon default by either party, in which event the defaulting party shall pay the escrow fee, the cost of the title examination and the Title Commitment, and other sums properly chargeable by Escrow Agent), Escrow Agent shall return to the parties the respective funds and documents deposited in escrow by them, the parties shall be released from all obligations and liabilities otherwise thereafter accruing hereunder, and Cleveland Metroparks shall pay to Escrow Agent its escrow fee, the cost, if any, of the title examination and the Title Commitment, and all other sums properly chargeable by Escrow Agent. 10. Costs and Expenses. All costs and expenses related to the Commitment shall be the responsibility of Cleveland Metroparks. Cleveland Metroparks shall pay all expenses associated with the Escrow Agent and the recording fees. Grantor shall pay, on or before the Closing Date, all Added Assessments, if any. All other closing costs and expenses shall be paid by Cleveland Metroparks unless otherwise agreed to the contrary. 11. Possession. Grantor shall deliver full and complete possession of the Property to Cleveland Metroparks as of Closing. 12. Assignment. This Agreement shall be binding on the respective heirs, executors, administrators, successors, and to the extent assignable, on the assigns of the parties hereto. 13. Notices. Unless otherwise expressly required or permitted by the terms of this Agreement, any notice, request, demand, or other communication in connection with this Agreement required or permitted to be given hereunder by the parties shall be in writing and shall be delivered personally or served by certified or registered mail to the parties at the addresses set 6 forth below unless different addresses are given by one party by notice to the other in accordance herewith: As to Grantor: City of Middleburg Heights 15700 Bagley Road Middleburg Heights, OH 44130 Attention: Law Director As to Cleveland Metroparks: Cleveland Metroparks 4101 Fulton Parkway Cleveland, Ohio 44144 Attention: Chief Executive Officer with a copy to: Cleveland Metroparks 4101 Fulton Parkway Cleveland, Ohio 44144 Attention: Chief Legal & Ethics Officer 14. Real Estate Brokers. Cleveland Metroparks represents and warrants to Grantor that no broker, finder, real estate agent, or other person has acted for such party so as to entitle such broker, finder, agent, or other person to any commission in connection with the transfer of the Property to Cleveland Metroparks. Grantor represents and warrants to Cleveland Metroparks that no broker, finder, real estate agent, or other person has acted for such party so as to entitle such broker, finder, agent, or other person to any commission in connection with the transfer of the Property to Cleveland Metroparks. 15. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any prior agreements respecting the Property between Grantor and Cleveland Metroparks. This Agreement may not be amended except in a writing executed by Grantor and Cleveland Metroparks. 16. Approval and Consent. In each case in which this Agreement provides for approval or consent, such approval or consent shall not be unreasonably withheld or delayed. 17. Survival. It is understood and agreed that all representations, warranties, covenants, and agreements and all indemnifications contained herein shall survive Closing for the maximum period permitted by law and shall not be merged in the Deed or any other Closing document. 18. Governing Law: Jurisdiction. This Agreement shall be governed by the laws ofthe State of Ohio regardless of any choice of law principles. All actions arising from or relating to this Agreement or the Property or a claim of breach ofthis Agreement shall be instituted and prosecuted 7 exclusively in a federal or state court located in Cuyahoga County, Ohio, and the Parties consent to the exercise of personal jurisdiction by and exclusive venue in such courts. 19. Effect of Electronic Signature. By entering into this Agreement,the Parties agree on behalf of themselves, their officers, employees, subcontractors, sub-grantees, agents or assigns, that this transaction may be conducted by electronic means by agreeing that all documents requiring signatures by the Parties may be executed by electronic means, and that the electronic signatures affixed by the Parties to said documents shall have the same legal effect as if that signature was manually affixed to a paper version of the document. The Parties also agree to be bound by the provisions of Chapter 1306 ofthe Ohio Revised Code as it pertains to electronic transactions. 20. Publicity. Grantor shall not discuss this Agreement or its contents with the media, use Cleveland Metroparks' name or logos or issue any press release or other public statement related hereto, unless authorized in writing by Cleveland Metroparks, which authorization may be withdrawn by Cleveland Metroparks at any time. Publicity prohibited hereunder shall include, but not be limited to, press releases, press interviews, magazine articles, trade show displays, customer lists, web sites, social media sites. Grantor success stories, testimonials, and present or prospective client references. Nothing in this Agreement shall be construed to grant Grantor or any other individual or entity any rights in and/or to the name, any trademark, any logo, and/or any other property of Cleveland Metroparks. IN WITNESS WHEREOF, Grantor and Cleveland Metroparks have executed this Agreement as of the date first set above. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 8  GRANTOR: MIDDLEBURG HEIGHTS LAND REUTILIZATION PROGRAM By: CLEVELAND METROPARKS: BOARD OF PARK COMMISSIONERS OF THE CLEVELAND METROPOLITAN PARK DISTRICT By: Brian M.Zimmerman Chief Executive Officer Approved as to legal form by Rosalina M. Fini, Chief Legal and Ethics Officer Cleveland Metroparks Kyle G. Baker, JD, Senior Assistant Legal Counsel ACKNOWLEDGED AND APPROVED BY: GUARDIAN TITLE, as the Title Company By: Name: Title: 9  FISCAL OFFICER'S CERTIFICATE The undersigned, Chief Financial Officer of the Board of Park Commissioners of the Cleveland Metropolitan Park District (the "Board"), hereby certifies that the moneys required to meet the obligations of the Board during the year 20 under the aforesaid Agreement have been lawfully appropriated by the Board for such purposes and are in the treasury of the Board or in the process of collection to the credit of an appropriate fund, free from any previous encumbrances. This Certificate is given in compliance with Sections 5705.41 and 5705.44 Ohio Revised Code. Chief Financial Officer, Board of Park Commissioners of the Cleveland Metropolitan Park District Dated ., 20 10  * 9 EXHIBIT A Map ofProperty Big Creek Reservation Middleburg Heights Land Reutilization Program Property Cleveland Metroparfcs CS - }. •< Cleveland Metmparks J Big Creek Reservation i n m I _ 1 m • * *,<>■* f* I "• ; r. /v Owner: Middleburg Heights Land Reutilization Program MV- 1- r> r-.< Address: 18880 East Bagley Road •-x. €*■; PPN: 371*09-012 Area:±3.1Acres . '5* > & Taxable MarketVaiue; $112,300 TT !{ PV. V.* •V>» k?'?- \ .5« T I •'■. »t r I ,i ■. ■*, ■r„ V-- ■vv:. V 1- -■ CZl Cleveland Metroparks ' •.T. ' il'MiddleburgHts. Land Bank $■: ■1 >t- Omni Properties cm Community Boundaries Roads I'-v facility Footprints 'i. ' Hydrology Parcels Trails — All Purpose trail VD 0 150 300 ' - Hiking Trail t I Tr' G 'iegai’sKutsko^-Maps'vBig CreektBC-Middieburg Hts Land Reutiiization Program 07-22.mxd | Map Made; 7ri1/2022 SKutsko 11  EXHIBIT B Legal Description Permanent Parcel; 371-09-012 PERMAlSfENT PARCEL NO,371-09-012 Situated in tke City ofMiddlebuig Hdgjits, Countj^ of Cuyahoga;and State ofOhio: Parcel No, 1; I and known as being part ofOriginal Middleburg Township Section No. 14, bounded and described as follows; Beginning in the center line ofBagley Road,60 feet wide, at a point(508.66)feet West, measured along said centeriine &om a stone monumrat at the Southwest comer ofland conveyed to Morris Hepburn,by deed recorded in Volume 73,Page 178 of Cuyahoga County Records,and dated August 1,1854; Thence West along said center line ofBagley Road, 100 feet to the Easteriy line of property deeded to Sterlina W.Rounds, by deed recorded in Volume 4327,Page 265 of Cuyahoga County Records and dated January 22,1934,: | 1 i Thence North 00° 43'40" West, 1073.12 feet to the Southerly line ofproperty deeded to Adam H.Holschun and G.L.Holschun, as recorded in Volume 4938,Page 189 of Ciyahoga County Records, and recorded May 11, 1939; Thence North 89° 54' 16" East,TOO feet along said Southerly line ofproperty deeded to Adam H. Holschun and G. L. Holsdhun, as aforesaid; Thence South 00° 43'40"East, 1073.29 feet to to e center line ofBagley Road, be the same more or less, but subject to all l^al highways. Parcel No.2 and known as being part of Original Middleburg Township Lot No. 14,and bounded and described as follows: Beginning in the center line ofBagley Road,60 feet wide, at the Southeasterly comer ofa parcel ofland conveyed to Paul F. Vandeikoy and Frances Vanderkuy,by deed dated February 28, 1950,and recced in Volume 6897,Page 130 of Cuyahoga County Records; Thence due East aloE^ the center line ofBa^ey Roac,30 feet; Thence North 0° 43'40" West and parallel with the Easterly line ofsaid parcel so conveyed to Paul F. Vanderkoy and Frances Vanderkoy,about 1073.3 feet to toe Northerly line of aparcel 12 conveyed to Ruth I. Stubbs, by deed dated June 10,1939, and recorded in Volume 4965,Page 216 ofCuyahoga County Records; Thence South 89*" 54' 16" West along said Northerly line, 30 feet to the Northeasterly comer ofa parcel so conveyed to Paul F. Vanderkoy and Frances Vanderkoy, as aforesaid; Thence South 0® 43'40" East along the Easterly line ofsaid parcel so conveyed,!073.29 feet to the place of beginning,be the same more or less, but subject to all legal highways. Less and except that land deeded to the Board of County Commissioners by deed dated 1-23-75 and recorded in Volume 13803,Page 587 of Cuyahoga County Records. Property Address; 18880 E Bagley Road,Middleburg Hts, OH 44130 13  EXHIBIT C General Warranty Deed KNOW ALL PERSONS BY THESE PRESENTS, that [name] [a corporation, a partnership, a limited liability corporation, single, married], [for an estate: Cuyahoga County Probate Court Case No. ],("Grantor"), of[insert] County,and whose tax-mailing address is [INSERT], for good and valuable consideration, the receipt and sufficiency of \vhich are hereby acknowledged, does by these presents absolutely grant, bargain, sell and convey, with GENERAL WARRANTY COVENANTS, unto BOARD OF PARK COMMISSIONERS OF THE CLEVELAND METROPOLITAN PARK DISTRICT,a political subdivision of the State of Ohio, whose tax mailing address is 4101 Fulton Parkway, Cleveland, Ohio 44144 ("Cleveland Metroparks"), the real property located in [City], County of[Insert], State of Ohio, and more fully described on Exhibit A attached hereto and made a part hereof by reference, together with all buildings, fixtures and improvements thereon and all easements, rights and hereditaments appurtenant thereto, including any right, title, and interest of Grantor in adjacent streets, alleys, and rights-of-way (collectively, the "Property"). [ , wife/husband of Grantor, releases all rights of dower herewith.] TO HAVE AND TO HOLD the Property unto Cleveland Metroparks, its successors and assigns, forever. This deed is given to Cleveland Metroparks in consideration of the many benefits that Cleveland Metroparks has conferred on society. And Grantor, for Grantor and Grantor’s successors, heirs, and assigns, hereby does covenant with Cleveland Metroparks,its successors and assigns, that at and until the ensealing and delivery ofthese presents. Grantor is well seized ofthe Property, has a good and indefeasible estate in fee simple, and has good right to bargain and sell the same in the manner and form as above written and that the Property is free from all liens and encumbrances whatsoever, except: a. real estate taxes and assessments, both general and special, which are a lien but not due and payable at the time this Deed is filed for record; b. zoning laws, rules and regulations affecting the Property, if any; c. easements, restrictions, covenants, reservations, and conditions of record, which include: an easement dated ,executed by [name ofgrantor ofeasement]to [name ofgrantee of easement] for [e.g., public utilities access to the property, etc.] [include description of all easements, restrictions, covenants and conditions]; and d. such matters as would be revealed by an accurate survey of the Property, 14  and that Grantor will warrant and defend the Property to Cleveland Metroparks, its successors and assigns, against all lawful claims and demands whatsoever, except as aforesaid. [The conveyance of the Property is made subject to the following restrictions: ■] Prior Deed References: [date] and recorded as Cuyahoga County Recorder’s File No. [insert]. [SIGNATURE FOLLOWING PAGE] 15  IN WITNESS WHEREOF,the undersigned has executed this instrument this day of GRANTOR: [INSERT] STATE OF ) ) SS. COUNTY OF ) BEFORE ME, a Notary Public in and for said County and State, personally appeared the above named [name] [Executor of the Estate of /[position] of[company]] who acknowledged that [he/she] did sign the foregoing instrument and that the same is [his/her] free act and deed individually. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of Notary Public (Seal) This instrument prepared by: Cleveland Metroparks Administrative Offices 4101 Fulton Parkway Cleveland, Ohio 44144 16  EXHIBIT A Description of Property. Parcel No.