60-09 Roth Easement Madison Park

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PLACED ON 1ST READING & REFERRED.TO THE HOUSING COMMITTEE x/20/09, 2ND . ~;' ~ READING 9/9/09 ORDINANCE NO. BY: Antonio, Bullock, Butler, Dever, 60-09 Madigan, Powers, Summers. AN ORDINANCE authorizing the grant of a Limited Easement to Lisa J. Roth, homeowner of the property located at 2093 Clarence Avenue, Lakewood, Ohio to maintain a fence encroaching on City property located at 13201 Madison Avenue, Lakewood, Ohio (Madison Park). WHEREAS, 13201 Madison Avenue, Lakewood, Ohio, bearing Permanent Parcel Number 315-20-003 is currently titled to the City of Lakewood; and WHEREAS, Lisa J. Roth, owner of the property located at 2093 Clarence Avenue, Lakewood, Ohio discovered that a fence was installed beyond her properly line in order to accommodate a live tree growing directly on the property line and is encroaching onto City property; and WHEREAS, Lisa J. Roth has approached the City of Lakewood requesting an Easement to allow the encroachment to xemain through the grant of a Limited Easement that automatically terminates and expires upon the removal of the tree and/or the fence. Now Therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the Director of Law, on behalf of the City of Lakewood is hereby authorized to enter into agreements necessary to grant a Limited Easement to Lisa J. Roth to maintain an existing fence on City properly located at 13201 Madison Avenue, Lakewood, Ohio in substantially the form as attached in "Exhibit A.°' Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were passed in an open meeting of this Council and that all, deliberations of this Council and any of its committees that resulted in such actions were in meetings open to the public and in compliance with legal requirements. AdoNted: ~ ~/~ d5' / President of Council 7 Clerk ~ ouncil Approved: ~ a 3 D _ ~ c Mayor