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CITY OF NORTH OLM5TED ORDINANCE NO. 2002 -129 BY: MAYOR NORMAN T. MUSIAL AN ORDINANCE ACCEPTING A WATER MAIN EASEMENT LOCATED ON PROPERTY OWNED BY DAVID W. AND HIMBERLY SNYDER AND DESIGNATED AS PERMANENT PARCEL NO. 235-12- 092 ON THE CUYAHOGA COUNTY MAPS AND RECORDS, IN CONNECTION WITH THE NORTHERN AVENUE WATER MAIN RELOCATION PROJECT, AND DECLARING AN EMERGENCY. WHEREAS, the City needs to relocate the water main between the homes at 5522 Porter Road and 5548 Porter Road as the water main is too close to the home at 5548 Porter Road; and WHEREAS, when this portion of Northern Avenue was vacated by the City in 1979 and the City did not retain an easement for said water main; and WHEREAS, this Council desires to fairly compensate the owner of the property known as Permanent Parcel No. 235-12-092, and obtain from said owner a permanent easement for water main purposes in order to relocated and install now, and in the future, a water line on said property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: That the Mayor is hereby authorized and directed to accept, on behalf of the City of North Olmsted, a water main easement from David W. and Kimberly Snyder, the owner of certain real property located at 5522 Porter Road and known as Permanent Parcel No. 235-12- 092. A copy of said Easement, which the Mayor is authorized and directed to accept on behalf of the City, is attached hereto as Exhibit D and made a part hereof as though fully rewritten herein. SECTION 2: That the Director of Public Service is authorized and directed to construct an asphalt apron, driveway and drain per the May 15, 20021etter attached. Further, the Engineer of the City of North Olmsted is hereby directed to cause said easement to be recorded in the office of the Cuyahoga County Records. SECTION 3: That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, property, health and safety of the City, and for the further reason that it is immediately necessary to obtain said water main easement in order to begin construction of the Northern Avenue Water Main Relocation Project during the year 2002, so that funding is preserved, and further provided that it receives the affirmative vote of two- thirds of all members of Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor.