8588-12 Easement agreement with CVS

Home Browse Search

REFERRED TO THE PUBLIC WORKS COMMITTEE 6/18/12. RESOLD"fIONNO. 8588-12 BI': Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. A RESOLUTION to take effect inunediately provided it receives the vote of at least five (5) members of Council, or otherwise to take effect at the earliest period allowed by law, author- izing the Mayor to enter into an easement agreement with CVS 3340 OH, L.L.C., a Delaware limited liability company, governing the rights of the parties relative to a private parcel of land located at the intersection of Detroit and Arthur avenues. WHEREAS, in order to maintain certain residential street lighting elechical h•ansmission systems, the city admhtistration wishes to enter into an easement agreement with CVS 3340 OH, L.L.C., a Delaware limited liability company, governing the rights of the parties relative to a pri- vate parcel of laud located at the intersection of Detroit and Arthur avenues; and WHEREAS, all contracts not specifically excepted by ordinance Hoist be approved by Council pursuant to Section 111.02 of the Codified Ordinances; and WHEREAS, this Council by a vote of at least five (5) of its members determines that this resolution is au emergency measure and that it shall take effect at the earliest date possible as set forth iu Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments in that the City wishes to enter itrto the easement agreement for the parcel inunediately, as the CVS store project is nearing completion and construction on the lighting may begin soon; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The Mayor is hereby authorized to enter into an easement agreement in sub- stantially the form as the agreement attached hereto as Exhibit A with CVS 3340 OH, L.L.C., a Delaware Waited liability company. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted hr an open meeting of this council, and that all such deliberations of this Council and any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements. Section 3. This resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare iu the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this resohrtion, and provided it receives the affirmative vote of at least five (5) members of Council this resolution shall take effect and be in force immediately upon its adoption by the