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PLEASE SUBSTITUTE FOR ORDINANCE NO. 2-10. <br />(Placed on 1~ Reading and Referred to the Public <br />Works Committee 1/4/2010. <br />ORDINANCE N0. BY: Antonio, Bullock, Butler, <br />2-•10 ";Madigan, Power, Smith, Summers. <br />AN ORDINANCE authorizing the Director of Law on behalf of the City of <br />Lakewood to enter into agreements necessary to grant an Easement to Spring Garden <br />Properties, LLC, owner of the property located at 17526 Madison Avenue, Lakewood, <br />Ohio to maintain an ADA accessible ramp on within the public right-of-way owned by <br />the City of Lakewood and located directly adjacent to 17526 Madison Avenue, <br />Lakewood, Ohio. <br />WHEREAS, the City of Lakewood is the owner of the public right-of-way and the <br />sidewalk constructed thereon that is located. directly adjacent to 17526 Madison <br />Avenue, Lakewood, Ohio, and <br />WHEREAS, Spring Garden Properties, LLC, the owner of the property located at <br />17526 Madison Avenue, Lakewood, Ohio, constructed an ADA accessible ramp to the <br />front of its structure which currently is occupied by the Ohio. Education Credit Union; <br />and <br />WHEREAS, Spring Garden Properties, LLC is requesting an easement to allow the <br />ADA accessible ramp to remain. Now Therefore, <br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: <br />Section 1: That the Director of Law, on behalf of the City of Lakewood is <br />hereby authorized to enter into agreements necessary to grant an Easement to Spring <br />Garden Properties, LLC to maintain an existing ADA accessible ramp within the public <br />right-of-way owned by the City of Lakewood and located directly adjacent to 17526 <br />Madison Avenue, Lakewood, Ohio in substantially the form as attached in °Exhibit A." <br />Section 2. Such Easement shall terminate when the encroachment no <br />longer continues to exist for any reason, including, but not limited to, the <br />temporary or permanent removal of the ADA compliant access ramp. En <br />addition, this easement shall automatically terminate in the event that the <br />ADA complaint access ramp is not adequately maintained by Grantee or it <br />