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ORDINANCE NO. <br /> <br />100-92 <br /> <br />BY: <br /> <br />Boscia, Gallagher, George, <br />Gibbons, Roth, Seelie, Smith <br /> <br /> AN EMERGENCY ORDINANCE authorizing the Mayor on behalf of the <br />City of Lakewood to enter into an Easement Agreement with Lakewood <br />Associates Limited Partnership granting to the said Lakewood <br />Associates Limited Partnership an easement for the continued use of <br />those portions of the City's property encroached upon by the <br />building constructed by Lakewood Associates'Limited Partnership, <br />known as "Lakewood City Center.,, <br /> <br /> WHEREAS, Lakewood Associates Limited Partnership, owner of a <br />certain parcel of land upon which it has constructed a building <br />for the purpose of establishing a retail shopping area known as <br />"Lakewood City Center,,, and <br /> <br /> WHEREAS, the building constructed by said Lakewood Associates <br />Limited Partnership encroaches several areas upon adjoining land <br />owned by the City, and <br /> <br /> WHEREAS, the parties desire to resolve all disputes, <br /> controversies, real estate title questions and other problems which <br /> might hereafter arise or in any way be connected with said <br /> encroachments by the granting of an easement, including access <br /> rights to Lakewood Associates Limited Partnership for the <br /> continued use of the City's property encroached upon, and <br /> <br /> WHEREAS, it is in the best interests of the City to enter into <br /> an Easement Agreement with the said Lakewood Associates Limited <br /> Partnership granting the said easement and access rights, and <br /> <br /> WHEREAS, this ordinance constitutes an emergency measure <br /> providing for the usual daily operation of a municipal department <br /> and for the further reason that the granting of said easement <br /> should be finalized at the earliest possible time; now therefore <br /> <br /> BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO <br /> Section 1. That the Mayor, on behalf of the City of Lakewood, <br />be and he is hereby authorized and directed to enter into an <br />Easement Agreement with Lakewood Associates Limited Partnership <br />granting to the said Lakewood Associates Limited Partnership an <br />easement for the continued use by Lakewood Associates Limited <br />Partnership of the City's property encroached upon by the building <br />constructed by the said Lakewood Associates Limited Partnership, <br />known as "Lakewood City Center',, including access rights of ingress <br />and egress for the purpose of repairing and maintaining said <br />building, said Easement Agreement to be substantially in the form <br />set forth in Exhibit A, attached hereto and made a part hereof. <br /> <br /> Section 2. It is found and determined that all formal actions <br />of this Council concerning and relating to the passage of this <br />ordinance were adopted in an open meeting of this Council, and that <br />all such deliberations of this Council and that of any of its <br />Committees that resulted in such formal action, were in meetings <br />open to the public in accordance with all legal requirements. <br /> <br /> <br />