58-72 Accept easement for storm sewer

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ORDINANCE NO. 5'8- 7 2 Messrs. Brockman, Graber, Kelley, Magnotto, McBride, Usher, Wendling AN EMERGENCY ORDINANCE authorizing the Director of Public Works to accept certain easements from.Leona A. Horsley, G. Vernon Slater and William Wood Haynes, Trustees, for the construction of a storm sewer together with any connections neceS- sary thereto. - WHEREAS, the Grantors are the owners of residential property on 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 Kirtland Lane, Lakewood, Ohio, and WHEREAS, this ordinance constitutes ~t 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 the Kirtland Lane Association in words and figures substantially as follows: (1) The Grantors hereby grant to the Grantee and to its successors and ass'igns, 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 (10) 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 more particularly described as the land that is subject to an easement or right-or-way of ingress and egress over a portion of Sublot No. 2, running from the cul-de-sac of Kirtland Lane to Block A, as shown in the recorded plat in Volume 183 of Maps, Page 10 of Cuyahoga County, Ohio Records of Edgewater Estates Subdivision. And in addition thereto, the Grantor hereby grants to the Grantee a ten (10) 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-o'f-way granted herein to the lake at the rear of the property. (3) The Grantee will install the storm water sewer within a reasonable period of time between August, 1972 and January 1, 1973, replacing any trees or fence line that are disturbed by the above construction, and after a reasonable time for the yard to settle, will re-seed or re-sod the area disturbed, returning it to its o~igtnal condition, such construction all to be to the satisfaction of the Grantors. (4) The Grantee further agrees to repair or replace any part of the