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ORDINANCE NO. 53-81 By: Brown, Chinnock, Gallagher, Graham, McBride, Salmon, Wendling A~N EM2ERGENCY ORDINANCE determining to proceed with the improvement of an easement in the City of Lakewood, Ohio, by constructing therein a con- crete modular break~all and shore return at each termination of the breakwall together with necessary appurtenances thereto. WHEREAS, this Council has had presented to it a petition signed by 100% of the owners of the property to be benefited by the improvement,herein described; and WHEREAS, this Council by two-thirds vote of the members elected there- to determines that this ordinance is an emergency measure which is necessary for the immediate preservation of the public peace, property, health and safety and for the further reason that the improvement herein provided is immediately necessary to protect the property and health of the residents of the City which is endangered by the continuing erosion of the Lake Erie shoreline whicJa under- mines houses, water lines, sanitary sewers and streets; NOW, THEREFOP. E, BE IT ORDAINED by the Council of the City of Lakewood, Cuyahoga County, State of Ohio, three-fourths of all members elected thereto concurring: Section 1. That is is hereby determined ~o proceed with the im- provement of an easement in the City of Lakewooa located approximately 50 feet north of the currently existing southerly shore of Lake Erie in an area now submerged lands but formerly a par~ of the lots on the northerly side of Forest Ciiff Drive, Erie Cliff ~riv~, Kenneth Lane, Kenneth Drive and Edgewater Drive from the east,zzy line of property now or formerly owned by Mrs. Maureen Gynn, now of formerly known as Permanent Parcel No. 311-13- 75 on the tax list ada maps of Cuyahoga County and assigned as its address 1038 Forest Cliff, westerly approximmtely 440' (feet) to the westerly line of ~z~e~ now or formerly owned by Arthur and Isabel Sansom, now or formerly known as Permanent Parcel No. 311-12-1 and 311-12-2 on the tax list and maps of Cuyahoga County and assigned as its address 1050 Erie Cliff, and from the easterly line of property now or formerly owned by George and Joy Lazard, now or formerly known as Permanent Parcel No. 311-12-73 on the tax list and maps of Cuyahoga County and assigned as its address 16500 Kenneth Lane, westerly approximately 847' (feet) to the westerly line of property now or formerly owned by James and Barb Chaloupka, now or formerly known as Permanent Parcel No. 311-11-6 on the tax list and maps of Cuyahoga County and assigned as its address 16920 Edgewater Drive. Section 2. Such improvement shall be made by constructing a break- wall and shore return at each termination of the breakwall together with neces- sary appurtenances thereto and in accordance with Resolution 5577 adopted on the 15 day of Oume__, 1981, and in accordance with the plans, estimates and profiles heretofore approved and now on file in the office of the Director of Public Works; and the character of the materials to be bid upon for the construction is as shown on the plans, and reference is made to said plans and specifications for additional information concerning the character of the materials for such improvement. Section 3. That all owners of property to be assessed have waived claims for dammges resulting from the improvement and none have been filed; but if it should be determined that any claims have been filed, they shall be inquired into before the commencement of the proposed improvement, and the Director of Law shall be, and he is hereby authorized and directed to institute legal proceedings in a court of competent jurisdiction to inquire into any claims so filed. Section 4. That 100% of the whole cost of said improvement to be borne by the City shall be assessed by the benefits upon all lots and lands bounding and abutting upon the proposed improvement between the termini aforesaid, which said lots and lands are hereby determined to be specially benefited by said improvement; and the cost of said improvement shall include the cost of preliminary