8957-17 Submerged Carlyle 12900 Lake Ave

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Referred to Public Works Committee 10/2/17. RESOLUTION NO. 8957 -17 BY: Anderson, Bullock, LittEmp., Marx, Nowlin, O'Leary, r,ki Y, }EX3iftlf#ElfIC• A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to 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 12900 Lake Avenue, Lakewood, Ohio (a legal description of which is attached hereto as "Exhibit A" and "Exhibit B "), in order to permit the owners the opportunity to undertake lakeshore protection measures. WHEREAS, property owner, 12700 Lake Avenue Condominium Association (aka Carlyle Condominiums), 12900 Lake Avenue, Lakewood, Ohio, have proposed to construct revetment repairs, reconstruction of a pier and installation of additional shoreline protection in Lake Erie at Lakewood, Cuyahoga County, Ohio; and WHEREAS, as part of the application to lease submerged lands, the parties involved must submit to the Ohio Department of Natural Resources a resolution from Lakewood City Council approving the proposed use of the submerged land; and WHEREAS, this Council by a vote of at least five of its members determines that this resolution is an emergency measure, and that this resolution 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 provides for the usual daily operation of municipal departments in that this submerged lands lease is necessary for the improvements to be made; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The City of Lakewood finds and determines that territory being proposed for construction of shore protection, which territory is further described in the application for a submerged lands lease, 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 city. Section 2. 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. Section 3. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this resolution were adopted in an open