2024-14-Utility Easement - 12928 Berea Rd

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DocuSign Envelope ID: 367FCF1 C-76A5-40DB-805C-A6E1 CDEF2584 Baker, Bullock, Kepple, Marx, RESOLUTION NO. 2024-14 BY: Rader, Shachner, Strebig 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 Director of Public Works to grant a utility easement to the Cleveland Elec- tric Illuminating Company, governing the rights of the parties relative to a parcel located at 12928 Berea Road, Lakewood, Ohio 44107 (PPN#315-24-015) and granting access to the prop- erty for the purpose of providing utility service to the facility and ongoing maintenance. WHEREAS, the new refuse and recycling facility located at 12928 Berea Road must be connected to electrical service; 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 an easement is required to connect the refuse and recycling facility to electrical service; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. The Director of Public Works is hereby authorized to grant a utility easement to the Cleveland Electric Illuminating Company, governing the rights of the parties relative to a parcel located at 12928 Berea Road, Lakewood, Ohio 44107 (PPN#315-24-015) and granting access to the property for the purpose of providing utility service to the facility and ongoing maintenance. The easement is in substantially the form as attached hereto as Exhibit A. 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