57-72 Accept easement for storm sewer

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ORD~q~ANCE NO. 5 7- 7 2 Messrs. Graber, Kelley, Magnotto, McBride, Usher, Wendling, Brockman AN F. MERGENCY ORDINANCE authgrizing the Director of Public Works to accept certain easements from. William Wood Haynes and Lynn L. Haynes, for the construction of a storm sewer together with any connections necessary thereto. WHEREAS, the Grantors are the owners of residential property situated at 1047 Kirtland Lane, in the County of Cuyahoga, in the State of Ohio;, and WHEREAS, the Grantee desires to construct and maintain a storm water sewer or drain through a portion of the Grantors' property and to connect the same with an existing storm water sewer running along ~irtland Lane, Lakewood, Ohio, and ~, this ordinance constitutes an emergency in that this Council deems it necessary to proceed as quickly as possible with the construction and that it provides for the immediate preservation of the public health, safety and property, and the usual daily operation of a municipal department, now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That for and in consideration of the sum of one dollar ($1.00) paid by the City of Lakewood, Ohio, the Director of Public Works be and he is hereby authorized and directed to accept the easements from William Wood Haynes and Lynn L. Haynes in words and figures substantially as follows: (1) The Grantors hereby grant to the Grantee and to its successors and assigns, upon the terms and conditions hereinafter set forth, the right, license and privilege to construct and maintain an underground storm water sewer or drain, along an area ten (1) feet in width through and under the following described strip or parcel of land situated in the City of Lakewood, Cuyahoga County, Ohio, and being more particularly bounded and described as follows: Situated in the City of Lakewood, County of Cuyahoga and State of Ohio, and known as being part of Sublot No. 10 in the Edgewater Estates Subdivision as shown by the recorded plat in Volume 183 of Maps, Page 10 of Cuyahoga County Records and known as being a part of original Rockport Township Sections Nos. 21 and 22 and bounded and described as the following centerlfne of a ten foot sewer easement. Beginning at a point at the southwesterly line of Sublot No. 10 which bears North 33° 01' 35" East, a distance of about 49 feet from the southwesterly corner thereof; thence along a line which bears North 95° 47' 27" East, a distance of about 89.0 feet to a point; thence North 74° 45' 52" East, a distance of about 86.5 feet to the top of the existing lake bank which shall also be the end of said sewer easement. In addition thereto, the Grantors hereby grant to the Grantees a fifteen foot construction area parallel and adjacent to such right- of-way for the purpose of enabling the Grantee to lay and maintain the aforesaid drain pipe. (2) The Grantee agrees that plans for said sewer, or drain, and all con- nections, will be submitted to the Grantors for examination and approval before the construction of the same is commenced. It is further agreed by the Grantee that it will construct and maintain said sewer, or drain, and all connections, at all times, without any cost or expense whatever to the Grantors, and in such manner that the same will not damage any property of the Grantors, or any buildings or appurtenances erected or to be erected thereon, or obstruct or affect access to or from any of the Grantors' property. The Grantee will lay an 18.-inch drain pipe from the storm sewer in front of the above residence across the right-of-way granted herein to the lake at the rear of the property. ~.