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RESOLUTION N0. 88-5 <br />INTRODUCED SY: Mayor Fred N. Carmen <br />A RESOLUTION ACCEPTING AN EASEMENT FROM WHITEHAVEN <br />PARK ASSOCIATION FOR THE CONSTRUCTION, MAINTE- <br />NANCE, INSPECTION, OPERATION, PROTECTIONr REPAIR, <br />AND REPLACEMENT OF A TRAFFIC SIGNAL POLE AT THE <br />INTERSECTION OF BETA DRN E AND SOM CENTER ROAD, <br />AGREEING TO INDEMNIFY AND HOLD HARMLESS WHITEHAVEN <br />PARK ASSOCIATION FROM ANY AND ALL CLAIMS ARISING <br />FROM OR IN ANY WAY CONNECTED WITH THE AFORE- <br />MENTIONED GRANT OF EASEMENT AND DECLARING AN <br />EMERGENCY. <br />WHEREAS, the Municipality has been authorized to construct a <br />traffic signal device at the intersection of Beta Drive and SOM Centei <br />Road; and <br />WHEREAS, in connection with the installation of the said <br />traffic control device the traffic signal pole must be placed on land <br />owned by the Whitehaven Park Association; and <br />WHEREAS, the Whitehaven Park Association has agreed to grant <br />an easement to the municipality for the construction, maintenance, <br />inspection, operation, protection, repair and replacement of the said <br />traffic signal pole provided that the municipality agrees to indemnify <br />and hold harmless Whitehaven Park Association from any and all claims <br />arising from or in any way connected with the construction, <br />maintenance, malfunction, use or any other claim or demand whatever <br />arising from or in any way connected with the use of the said traffic <br />signal pole; and <br />WHEREAS, the Mayor and Council of Mayfield Village, Ohio, <br />are desirous of accepting the said grant of easement with the <br />conditions attached as referred to hereinabove; now, therefore, <br />BE IT RESOLVED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THAT: <br />Section 1. The Council of Mayfield Village, Ohio, hereby <br />accepts the grant of easement from the Whitehaven Park Association for <br />the purposes set forth in the preamble hereto. <br />Section 2. The Mayor and President of Council are hereby <br />authorized and directed to endorse the acceptance of said grant of <br />easement, with the conditions referred to hereinabove, a copy of said <br />easement being attached hereto and marked Exhibit "A". <br />Sect'on That the Council finds and determines that all <br />formal actions of this Council relating to the adoption of this <br />Resolution have been taken at open meetings of this Council; and that <br />deliberations of this Council and of its committees, resulting in such <br />formal action, took place in meetings open to the public, in <br />compliance with all statutory requirements including the requirements <br />of Section 121.22 of the Ohio Revised Code.