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2003-105 Ordinance
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2003-105 Ordinance
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1/10/2014 3:23:15 PM
Creation date
12/26/2013 7:46:27 AM
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North Olmsted Legislation
Legislation Number
2003-105
Legislation Date
6/30/2003
Year
2003
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""Uity of Nofth Olm'sled <br />5200 Dover Center Road • North Olmsted, Ohio 44070 <br />Phone: (440) 777-8000 • Fax: (440) 777-5889 <br />Raymond Thomas Department of Public Service Norman T. Musial, Mayor <br />Director <br />RIGHT-OF-ENTRY AGREEMENT <br />To: CITY OF NORTH OLIVISTED <br />I, the undersigned properiy owner (hereafter Inown as Owner), hereby pernut the City of <br />North Olmsted (hereafter known as City) andlor its contractor (Fabrizi Trucking & <br />Paving) to enter" upon my property for the purpose of installing/repairing of a storm <br />sewer. • . <br />The right-of entry is described as being overI approximateiy 20 feet of the southerly <br />portion of Permanent Parae], No. 231-32-006 and over approximateiy 15. feet of the <br />; <br />northern porEio,. <br />.n" of Perriaarient Parcel No. 231-32-007 and PermanenY Parcel 231-32-034 <br />i.n an area of the existing 21.: incli storm sewer. <br />The work will consist of•installing a deuble 36-inch stoxih sewer of approximately 540 <br />feet of length with appropriate manholes, connections, headwa.ll and channel. protection <br />in the area of the existing 21-inch storm sewer:and as shown'on tlie City approved plans. <br />The right-of-entry is granted for the period of 'time necessary . to complete the above <br />described work. " - <br />The right-of-entry is granted by the Owner pending the negotiation and approval of a <br />Permanent Easement Agreemerit: The Owner coricedes tlie:public purpose and benefit of <br />the storm sewer project, all at the City's'cqst: The Owner hereby pernuts the entry upon <br />and improvement of its property and it reserves. only the right to contest the just <br />compensation due in consideration for the `easement requested. Pending the City's <br />acquisition of such property riglits, the Owner specifically sanctions the City and its <br />contra.ctor to imm.ediately proceed, enter upon its property, remove the existing storm <br />sewer, and install a new, expanded sewer line, together with all the appurtenances <br />thereto. The Owner's consent to entry herein shall operate.as a waiver and release of any <br />claim of trespass against the City and its contraetor, forfeiture of all property rights to the <br />excavated remains of such storm sewer lines to be removed, as well as waiver of any <br />claim against the City, except for the demand for reasonable and just compensation for <br />the value of the easement to be voluntarily conveyed or appropriated for public purpose. <br />? "Together We Can Make A Difference!" • <br />
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