8281-08 Submerged Lands 15404 Edgewater

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RESOLUTION N0. 8281-08 REFERRED TO PUBLIC WORKS COMMITTEE (9j2/08) BY: Antonio, Bullock, Butler, Dever, Madigan, Powers, Summers. A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five (5) members elected to Council otherwise, it shall take effect and be in force after the earliest period allowed by law, approving the use of submerged lands for property located at and abutting 15404 Edgewater Drive in the City of Lakewood, Ohio (a legal description of which is attached hereto as "Exhibit A") so that the owner can undertake lakeshore protection measures. WHEREAS, residents, Richard and Katherine West, 15404 Edgewater Drive, Lakewood, Ohio has proposed to construct shore protection in Lake Erie at Lakewood, Cuyahoga County, Ohio; and WHEREAS, as part of the application to lease submerged land, the parties involved must submit to the Ohio Department of Natural Resources a resolution from the Lakewood City Council approving the proposed use of the submerged land; and WHEREAS, this Council by a vote of at least five (5) members elected thereto determines that this resolution is an emergency measure, and that this resolutio~~all take effect at the earliest date possible as set forth in ARTICLE III, SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is necessary for the immediate preservation of the public property, health and safety, and to provide for the usual daily operation of municipal departments and to allow the permitting process to conclude during the construction season to enable the completion of the project. Now Therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO Section 1. That the City of Lakewood finds and determines that territory being proposed. for construction of shore protection, and is further described in the application for a submerged land tease, is not necessary or required for the construction, maintenance or operation by the municipal corporation of breakwaters, piers, docks, wharves, bulkheads, connecting waterways, water terminals facilities and improvements and marginal highways, in the aid of navigation and water commerce, and the land uses specified in the application comply with regulation of permissible land use as determined by the local authority. Section 2. That the Clerk of Council is hereby authorized and directed to certify a copy of this resolution to the Ohio Department of Natural Resources, Office of Real Estate and Land Management.