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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2012 - 34 <br />By: Mayor Kennedy <br />AN ORDINANCE COMPENSATING FOR AND ACCEPTING <br />PERMANENT EASEMENTS AND TEMPORARY RIGHTS OF <br />ENTRY FOR CONSTRUCTION OF STORM CULVERT SYSTEMS <br />BENEATH BIIRNS ROAD AND ON FOUR PROPERTIES LOCATED <br />ON BURNS ROAD, PERMANENT PARCEL NUMBERS 235-12-010, <br />235-12-011, 235-12-039 AND 235-12-040, AND DECLARING AN <br />EMERGENCY. <br />WHEREAS, the City of North Olmsted requires four (4) separate, permanent easements, <br />together with temporary rights of entry, in order to install and perform construction of public <br />improvements known as the Burns Road Culvert Project; and <br />WHEREAS, the Burns Road Culvert Project will replace an existing stormwater channel <br />which runs beneath Burns Road, as well as the road surface itself, and the headwall of the new <br />culvert will be extended into the permanent easement areas to be acquired from four (4) separate <br />property owners located on Burns Road, identified herein as Permanent Parcel Nos. 235-12-010, <br />011, 039 and 040, and the easement document also provides for temporary construction right of <br />entry; and <br />WHEREAS, the City has negotiated for the voluntary acquisition of these permanent and <br />temporary easements and the property owners have agreed to accept just compensation reflected <br />therein, which includes con,iderzlion of construction materials; and <br />WHE:fcEAS, it is the desire of this Council, upon the advice and recommendation of the <br />Director of Law and the City Engineer, to accept all four (4) easements and to provide for the <br />recording of such conveyance. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO: <br />SECTION 1: That the Mayor is hereby authorized and directed to compensate for and <br />accept, on behalf of the City of North Olmsted, a Permanent Easement from David and Jane <br />Lamier, the owners of Parcel 235-12-010 at 5563 Burns, as further described within said <br />document, marked as Exhibit A attached hereto aiid incorporated herein by reference. <br />SECTION 2: That the Mayor is hereby authorized and directed to compensate for and <br />accept, on behalf of the City of North Olmsted, a Permanent Easement from Geoffrey Moyse, the <br />owner of Parcel 235-12-011 at 5577 Burns Road, as further described within said document, <br />marked as Exhibit B attached hereto and incorporated herein by reference.