91-81 Proceed with improvement of easement - breakwall

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oRDINANCE NO. 91-81 By: Brown, Gallagher, Graham, McBride, Salmon, Wendling By: AN EMERGENCY ORDINANCE determining to proceed with the improve- ment of an easement in the City of Lakewood, Ohio, by constructing therein a concrete modular breakwaI1 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 one hundred percent (100%) of the owners of the property to be benefited by the improvement herein described; and WHEREAS, this Council by two-thirds (2/3) vote of the members elected thereto 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 improve- ment herein provided is immediately necessary to protect the property and health of the residents of the City which is endangered by the con- tinuing erosion of the Lake Erie shoreline which undermines houses, water lines, sanitary sewers and streets; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Lakewood, Cuyahoga County, State of Ohio, three-fourths (3/4) of all members elected thereto concurring: Section 1. That it is hereby determined to proceed with the improvement of an easement in the City of Lakewood located approximately 50 feet north of the currently existing southerly shore of Lake Erie in an area now submerged lands but formerly a part of the lots on the northerly side of Edgewater Drive from the easterly line of property now or formerly owned by Yotanda Freeman, now or formerly known as Permanent Parcel No. 311-10-008 on the tax list and maps of Cuyahoga County and assigned as its address 17436 Edgewager Drive, westerly approximately 196 feet to the westerly line of property now or formerly owned by Stanley A. Midnight, now or formerly known as Permanent Parcel No. 311-10-007 on the tax list and maps of Cuyahoga County and assigned as its address 17450 Edgewater Drive. Section 2. Such improvement shall be made by constructing a breakwall and shore return at each termination of the breakwalt together with necessary appurtenances thereto and in accordance with Resolution No. 5602 adopted on the 21st day of September , 1981, and in accordance with the plans,' estimates an~ 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 specifica- tions for additional information concerning the character of the materi- als for such improvement. Section 3. That all owners of property to be assessed have waived claims for damages resulting from the improvement and none have