8804-15 Easement agreement with Commodore Club

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REFERRED TO THE PUBLIC WORKS COMMITTEE 5/4/15. RESOLUTIONNO. 8804 -15 BY: Anderson, Bullock, Juris, Madigan, Marx, Nowlin, O'Leary. A RESOLUTION to take effect immediately provided it receives the vote of at least five members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing the Mayor to enter into a permanent access easement agreement with Commodore Club Apart- ments, LLC, an Ohio limited liability company, governing the rights of the parties relative to a parcel located at 18915 Detroit Extension, Lakewood, Ohio 44107 which grants the City access to the parcel for ongoing maintenance of the underlying water and sanitary lines for a payment of $6,300. WHEREAS, the city administration wishes to enter into an easement agreement with Commodore Club Apartments, LLC, an Ohio limited liability company, governing the rights of the parties relative to a parcel of land located at 18915 Detroit Extension, Lakewood, Ohio 44107; and WHEREAS, all contracts not specifically excepted by ordinance must be approved by Council pursuant to Section 111.02 of the Codified Ordinances; and WHEREAS, this Council by a vote of at least five of its members determines that this resolution is an emergency measure and that it shall take effect at the earliest date possible as set forth in Article III, Sections 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 in that the City wishes to enter into the easement agreement for the parcel immediately, as there may now be no agreement governing its use; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The Mayor is hereby authorized to enter into an easement agreement in sub- stantially the form as the agreement attached hereto as Exhibit A with Commodore Club Apart- ments, LLC. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this council, and that all such deliberations of this Council and any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements. Section 3. This resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble