Dedication of Open Space. Local Parks or Trails. Dedication of the Open Space, Local Parks and/or Trails to the City shall be by plat recordation or by dedication by deed from the applicable Property Owner which shall be without any financial encumbrance or other encumbrance (including easements) which unreasonably interferes with the use of the property for Open Space, Local Parks and/or Trails.
Dedication of Open Space. Declarant agrees to dedicate and convey to the Association for the benefit of each Owner of a Lot in the Subdivision(s) a right and easement of enjoyment in and to any Common Area and any facilities and improvements located thereon, and hereby agrees that it will convey the Common Area which includes all Open Space Areas to the Association free and clear of all liens and encumbrances at or before such time as fee simple title is one hundred (100%) percent of the lots within the subdivision have been sold and conveyed to persons other than Builders. Title to the Common Area, when established, shall vest in the Association subject to the rights and easement of enjoyment in and to such Common Area by the Owners. Said Easement of enjoyment shall be considered to be appurtenant to the Lots and shall pass with the title to the lots whether or not specifically set forth in the deeds of conveyance of the Lots. The conveyance of Open Space or Common Areas shall be subject to any easement recorded, dedicated or granted to Declarant, as indicated on the recorded Plat for the Subdivision, the maintenance requirement contained in the Open Space Agreement, and entered into with the Township or other governmental entities prior to date of conveyance subject in all respects to the Subdivision Control Act. Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Open Space Area and facilities to the members of his family, his tenants, or purchasers who reside on his Lot. Declarant reserves to itself in any conveyance of Common Area(s) all gas, oil and mineral rights if it so elects in its sole discretion.
Dedication of Open Space. As further provided for in the Paddocks MPD, all Public Trails within the Project shall be dedicated to the City upon completion of construction thereof and shall be reserved as open space.
Dedication of Open Space. Local Parks and/or Trails. As a part of the consideration of any Development Application, the City may reasonably request the dedication of and/or grant of a conservation easement for Open Space, Local Parks and/or Trails designated in the Master Plan not associated with that Development Application but under common ownership with the portion of the Property subject to the Development Application. The Applicant shall grant the request if the requested out-of- phase dedication of Open Space, Local Parks and/or Trails does not create significant costs or undue financial expense to Property Owners, as determined by the Applicant, that would not normally be incurred with the current phase under development. The amount and location of any accelerated dedication of Open Space shall be subject to the Applicant’s or other affected Property Owners’ approval, which approval shall not be unreasonably withheld.
Dedication of Open Space. Master Developer and/or a Subdeveloper shall dedicate to the City any Local Parks, Neighborhood Parks, Community Parks, and other portions of Open Space that are at least two (2) contiguous acres or greater as provided in this MDA, excepting only trails which shall have no minimum acreage requirement for dedication to the City. All Open Space that is less than two contiguous acres in size, excluding only trails, shall be privately owned and maintain as provided herein. All such dedications to the City shall be made by Special Warranty Deed, subject to all matters of record; provided, however, that title will be conveyed free and clear of any financial or other encumbrances that materially and adversely interfere with the use of the property as Open Space. The dedication of any Open Space within a Subdivision shall occur immediately following the recordation of the final Subdivision plat and after final inspection and acceptance of the Open Space improvements by the City.
Dedication of Open Space. The Developer may elect to convey or cause to be conveyed other portions of Open Space to the City, or may convey or cause the same to be conveyed to the MPOA. The City may, in its sole discretion, accept dedication of such Open Space by requiring the Property Owner to dedicate the Open Space with a fee simple general warranty deed free and clear of all liens and encumbrances or any lesser estate City may desire including a long term ground lease. Should City refuse acceptance of such Open Space, the MPOA and/or Developer shall have the obligation to maintain the Open Space until such time as the City accepts dedication. The Property Owner and/or the MPOA may dedicate Open Space to another entity with the written consent of the City. The Developer will at all times reserve to itself, its successors and assigns, easements for access, environmental monitoring and remediation, and infrastructure purposes (e.g.: roads, walkways, paths, utility easements and rights of way) necessary or desirable for the Development.
Dedication of Open Space. The Property Owner may convey portions of the Open Space to one or more qualified organizations under 26 U.S.C. Section 501(c)(3) in a form required by state or federal law and may subsequently transfer all or portions of such Open Space to such entity. The Property Owner will at all times reserve to itself, its successors, and assigns water rights, easements for access and infrastructure purposes (e.g.: roads, walkways, paths, drainage, utility easements and rights of way) necessary, convenient, or desirable for the Development.
