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V <br />RESOLUTION NO. 2022-22 <br />INTRODUCED BY: Mayor Bodnar <br />AN EMERGENCY RESOLUTION <br />AUTHORIZING AND DIRECTING THE MAYOR AND PRESIDENT OF COUNCIL <br />TO ENTER INTO AN ACCESS AND RETAINING WALL EASEMENT WITH <br />PROGRESSIVE DIRECT INSURANCE CO. <br />WHEREAS, Progressive Direct Insurance Co. ("Progressive") constructed a retaining wall <br />that encroaches onto Progressive Drive, also known as Peter B. Lewis Drive, that is a public way <br />owned by the Village; and <br />WHEREAS, in order to provide consent for this encroachment and set forth the <br />maintenance and other obligations of the parties, the Village desires to enter to an Access and <br />Retaining Wall Easement with Progressive; and <br />WHEREAS, the Council deems it necessary and in the best interest to the health, safety <br />AdK and welfare of all Mayfield Village residents to enter into an Access and Retaining Wall Easement <br />with Progressive for such purposes. <br />BE IT RESOLVED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THAT: <br />SECTION 1. The Council of Mayfield Village finds and determines that it is in the best <br />interest on the Village to enter into an Access and Retaining Wall Easement with Progressive and <br />authorizes and directs the Mayor and President of Council to execute the Access and Retaining <br />Wall Easement attached hereto and incorporated herein as Exhibit "A". <br />SECTION 2. The Council finds and determines that all formal actions of this Council <br />relating to the adoption of this Resolution pursuant to the Village's Charter and Ordinances have <br />been taken at open meetings of this Council; and that deliberations of this Council, and of its <br />committees, resulting in such formal action, took place in meetings open to the public, in <br />compliance with all statutory requirements including requirements of Section 121.22 of the Ohio <br />Revised Code. <br />SECTION 3. This Resolution is hereby declared to be an emergency measure <br />immediately necessary for the preservation of health, safety and welfare of the residents of <br />Mayfield Village, Ohio, for the reason that it enables completion of necessary time sensitive <br />improvements. It shall, therefore, take effect immediately upon the passage by the affirmative vote <br />