2023-46 Utility Easement Agreement 13425 Detroit Ave

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DocuSign Envelope ID: FDAB5A58-31D4-4829-AC58-3B760CEADD6F Please substitute for original RESOLUTION NO. 2023-46 BY: Baker, Bullock, Kepple, Litten, Marx, Rader, Shachner A RESOLUTION to take effect immediately provided it receives the vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing the Mayor to enter into a permanent utility easement agreement with 0"LEARY INVESTMENTS LLC, governing the rights of the parties relative to a parcel located at 13425 DETROIT AVENUE, Lakewood, Ohio 44107 (PPN#315-04-006) which grants the City of Lakewood access to the parcel for construction and ongoing maintenance of utility lines. WHEREAS, the city administration wishes to enter into an easement agreement with O'Leary Investments, LLC, governing the rights of the parties relative to a parcel of land located at 13425 Detroit Avenue, Lakewood, Ohio 44107 (PPN#315-04-006); and WHEREAS, all contracts not specifically excepted by ordinance must be approved by Council pursuant to Section 111.02 of the Codified Ordinances; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this reso- lution is an emergency measure and that it shall take effect immediately, 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 construction of the utilities should occur immediately; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. The Mayor or designee is hereby authorized to enter into a permanent utility easement agreement in substantially the form as the agreement attached hereto as Exhibit A with O'Leary Investments, LLC. 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 in 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 in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this resolution, and provided it receives the affirmative vote of at least two thirds of the mem- bers of Council this resolution shall take effect and be in force immediately upon its adoption by