29-74 Permanent easement at 12930 Clifton for sewer project

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ORDINANCE NO. 29- 74 BY: Messrs. McBride, Sinagra, Usher, Brockman, Graber, Chinnock, Magnotto AN EMERGENCY ORDINANCE authorizing the Mayor to enter into an~ agreement accepting a permanent easement in and to the property located at 12930 Clifton Boulevard, Lakewood, Ohio in connection with the construction of the Hazelwood-Thoreau-Donald sewer project, Lakewood, Ohio and to dismiss the appropriation suit filed in connection therewith. WHEREAS, this Ordinance constitutes an emergency measure providing for the immediate preservation of the public health and welfare and for the usual daily operation of a municipal department and for the further reason that the owners have agreed to grant a permanent sewer easement in said property for the~consideration herein stipulated and this Council determines it to be in the best interest of the City that this easement be acquired immediately so that the construction of the Hazelwood-Thoreau-Donald sewer project can be commenced immediately without further delay; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That for and in consideration of the sum of Two Thousand Four Hundred Fifty Eight dollars ($2,458.00) paid by the City of Lakewood, Ohio the Mayor be and he is hereby authorized and directed to enter into and execute an agreement with Melvin Lo Fitzpatrick and Tuula A. M. Fitzpatrick for a permanent sanitary and storm sewer easement pertaining to the property located at 12930 Clift¢ Boulevard, Lakewood, Ohio, a copy of which easement is attached hereto and made a part hereof, said payment to be made out of the Sewer Improvement Fund. Section 2. That the Director of Law be and he is hereby authorized and directed to cause the dismissal of the suit now pending in the Probate Court of Cuyahoga County entitled '~'City of Lakewood v. Melvin L. Fitzpatrick, et al" and being Case No. 811390 in said Court, at the City's cost° Section 3. That this Ordinance is hereby declared to be an emergency measure for the reasons stated in the preamble hereof and provided it receives the affirmative vote of two-thirds of all members ~~t~~.d to Cou~c~il~5 it(ihall take effect and be in force immediately upon its ac and a~o~ by the Mayor. Adopted: President Approved: