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RESOLUTION N0. 89- 72 <br />INTRODUCED BY: Mayor Carmen and Council as a Whole <br />A RESOLUTION <br />AUTHORIZING THE MAYOR AND PRESIDENT OF COUNCIL <br />TO ACCEPT A TEMPORARY RIGHT-OF-ENTRY AND <br />PERPETUAL EASEMENT FROM JOHN AND PHYLISS NORBO <br />FOR THE PURPOSE OF DEFINING AND IMPROVING A <br />DRAINAGE CFIANNEL AND DECLARING AN EMERGENCY <br />WHEREAS, John and Phyliss Norbo have offered to grant a temporary <br />right-of-entry and perpetual easement to May£ield Village for the purpose of <br />defining and improving a drainage channel on thei= property in order to assure <br />the continued free flow of water over the easement area; and <br />WHEREAS, the Mayor and Council of the municipality have previously <br />expressed a desire to accept such grant for the purpose hereinbefore <br />mentioned; now, therefore, <br />BE IT RESOLVED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THAT: <br />SECTION 1. The Mayor and President of Council are hereby authorized and <br />directed to accept the grant of a temporary right-of-entry and perpetual <br />easement from John and Phyliss Norbo for the defining and improving o£ a <br />drainage channel provided that said right-of-entry and perpetual easement is <br />approved by the Director of Law and is in substantially the same form as that <br />attached hereto and marked "Exhibit A" and "Exhibit A-1." <br />SECTION 2. The Council finds and determines that all formal actions of <br />this Council relating to the adoption of this Resolution have been taken at <br />open meetings of this Council; and that deliberations of this Council and of <br />its committees, resulting in such formal action, took place in meetings open <br />to the public, in compliance with all statutory requirements including the <br />requirements of Section 121.22 of the Ohio Revised Code. <br />SECTION 3. This Resolution is hereby declared to be an emergency measure <br />immediately necessary for the preservation of the health, safety and welfare <br />of the residents of Mayfield Village, Ohio, for the reason that the grant of <br />temporary right-of-entry and perpetual easement is necessary in order £or the <br />municipality to preform its obligation in maintaining a drainage system <br />throughout the Village. It shall, therefore, take effect immediately upon the <br />passage by the affirmative vote of not less than five (5) members elected to