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ORDINANCE NO. 28- 74 BY: <br /> <br />Messrs. Magnotto, McBride, Sinagra, <br />Usher, Brockman, Graber, Chinnock <br /> <br /> AN EMERGENCY ORDINANCE authorizing the Mayor to enter into an <br />agreement accepting a permanent easement in and to the property located at <br />12922 Clifton Boulevard, Lakewood, Ohio in connection with the construction <br />of the Hazelwood-Thoreau-Donald sewer project, Lakewood, Ohio and to dismiss <br />the appropriation suit filed in connection therewith° <br /> <br /> WHEREAS, this Ordinance constitutes an emergency measure providing <br />for the immediate preservation of the public health and welfare and for the <br />usual daily operation of a municipal department and for the further reason <br />that the owners have agreed to grant a permanent sewer easement in said property <br />for the consideration herein stipulated and this Council determines it to be in <br />the best interest of the City that this easement be acquired immediately so that <br />the construction of the Hazelwood-Thoreau-Donald sewer project can be commenced <br />immediately without further delay; now, therefore, <br /> <br />BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: <br /> <br /> Section 1. That for and in consideration of the sum of Two Thousand <br />Five Hundred Fifty-Four dollars ($2,554.00) paid by the City of Lakewood, Ohio <br />the Mayor be and he is hereby authorized and directed to enter into and execute <br />an agreement with Harry E. Gibson and Marjorie E. Gibson for a permanent sanitary <br />and storm sewer easement pertaining to the property located at 12922 Clifton <br />Boulevard, Lakewood, Ohio, a copy of which easement is attached hereto and made <br />a part hereof, said payment to be made out of the Sewer Improvement Fund. <br /> <br /> Section 2. That the Director of Law be and he is'hereby authorized and <br />directed to cause the dismissal of the suit now pending in the Probate Court of <br />Cuyahoga County entitled "City of Lakewood v. Harry E. Gibson, et al" and being <br />Case No. 811444 in said Court, at the City's cost. <br /> <br /> Section 3. That this Ordinance is hereby declared to be an emergency <br />measure for the reasons stated in the preamble hereof and provided it receives the <br />affirmative vote of two-thirds of all member~cted to Council, it shall take <br />effect and be in force immediately upon its~dopt~o, nl,~, \ ~J and ~ova,l~by~ /V the Mayor. <br /> <br /> Mayor <br /> <br /> <br />