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Village gains easement for path through Spillway
(by Barbara Christian - August 27, 2009)
Village gains easement for path through Spillway
By BARBARA CHRISTIAN
Chagrin Falls Village Council voted Monday to acquire a 10-acre conservation easement through the Spillway property after the Western Reserve Land Conservancy conveys it to the village.
The village will pay nothing for the land. Instead, the land conservancy will purchase the property, which will provide and continue as habitat for wildlife and help protect the Chagrin River waterway.
The easement also provides a missing link between the public right of way and the village-owned Whitesburg Nature Preserve. Paths are to be created which will connect downtown Chagrin Falls to the preserve.
Also planned are paths to join the nature preserve to surrounding communities and their network of parks and paths. Eventually, the system will permit people to hike or bike between downtown Chagrin Falls and Russell Township.
Richard Cochran, president and chief executive officer of the conservancy, said a purchase price is pending an appraisal. Preliminary information is that Spillway Partners' asking price and the appraisal are "pretty close," he said. "This also gives Spillway the liquidity they need."
An appraisal is necessary when the conservancy applies for the funds through the Clean Ohio Conservation Program, the resolution said.
Mr. Cochran said it's necessary for the village to become a "partner" with the conservancy in the project, pass the resolution and agree to own the property in order to obtain the funding.
The conservancy expects to close on the property between March and June and convey it to the village within three or four months after that.
"There is no money involved and no obligation" on the village's part, Mr. Cochran told council.
In turn, the purchase will help the Spillway group fund reclamation of the former Ivex paper mill, he said.
A micro-brewery restaurant, theater, retail space, offices and condominiums are planned on the former Ivex property.
Councilman Richard Subel asked if the village is at risk for owning the property if any environmental or liability issues are uncovered.
Edward F. Myers, the conservancy's attorney, said the village would not be. "We would not take title either," he told council.
Village Administrator Benjamin Himes said he is not aware of any environmental issues on the Spillway site.
The village will review all environmental information on the property before accepting the property, he said.
Mr. Subel asked what the village liability would be if "the property goes bad over time."
"It's just land," Councilman Robert Williams said. "It's their money," he said of the conservancy, "and the property risk is minuscule."
The only caveat the village must agree to is that it will not develop the easement.
Councilman Dwight Milko told Mr. Subel that what the conservancy is doing "is phenomenally good news" and an opportunity for trail land adjacent to Whitesburg. He said he can see signs posted in the village telling people they can walk from the Popcorn Shop to Geauga County on one- or two-mile trails."
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