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ORDINANCE NO. 53-82 By: Brown, Chinnock, Gallagher, Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE determining to proceed with the improve- ment of an easement of the City of Lakewood% Ohio, by constructing thereon a concrete breakwall with concrete modules, fill and end return. WHEREAS, this Council has had presented to it a petition signed by at least sixty percent (60%) of the front footage of the property abutting, to be assessed for and to be benefited by the improvement here- in described; and WHEREAS, this Council by two-thirds (2/3) vote of the members elected thereto determines that this ordinance is an emergency measure which is necessary for the immediate preservation of the public peace, property, health and safety and for the further reason that the improve- ment herein provided is immediately necessary to protect the property and health of the residents of the City which is endangered by the con- tinuing erosion of the Lake Erie shoreline which undermines houses, water lines, sanitary sewers and streets; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Lakewood, Cuyahoga County, State of Ohio, three-fourths (3/4) of all members elected thereto concurring: Section 1. That it is hereby determined to proceed with the improvement of an approximately fifty-foot wide easement of the City of Lakewood with its northern boundary located approximately fifty (50) feet north of the currently existing southerly shore of Lake Erie in an area now submerged lands but formerly a part of the lots on the northerly side of Edgewater Drive from the easterly line of property now or formerly owned by the Unit Owners of the Waterford Condominium as tenants in com- mon, now or formerly known as Permanent Parcel Nos. 312-10-3 and 312-10-301 to 312-10-425, both inclusive, on the tax list and maps of Cuyahoga County and assigned as its address 12500 Edgewater Drive, west- erly approximately 150 feet to the westerly line of said property. Section 2. That such improvement shall be made by construct- ing a breakwall with concrete modules, fill and end return and in accordance with Resolution No. 5674 adopted on April 5, 1982, and in accordance with the plans, estimates and profiles heretofore approved and now on file in the office of the Director of Public Works; and the character of the materials to be bid upon for the construction is as shown on the plans, and reference is made to said plans and specifica- tions for additional information concerning the character of the mater- ials for such improvement. Section 3. That the Board of Revision of Assessments has re- ported to this Council that no claims for damages resulting from the im- provement have been filed; but if it should be determined that any claims have been filed, they shall be inquired into before the commence- ment of the proposed improvement, and the Director of Law shall be, and he is hereby authorized and directed to, institute legal proceedings in a court of competent jurisdiction to inquire into any claims so filed.