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<br />CITY OF NORTH OLMSTED <br />ORDINANCE N0.94- 129 <br />BY: Councilman Dean McKay <br />AN ORDINANCE ACCEPTING A SIDEWALK EASEMENT TO SERVE <br />BROXBOURNE ROAD LOCATED ON PERMANENT PARCEL NO. <br />233-22-01 IN THE CITY OF NORTH OLMSTED, AND DECLARING AN <br />EMERGENCY. <br />WHEREAS, the City Engineer has recommended that the sidewalk to serve Broxbourne <br />Road be constructed through a portion of Permanent Parcel No. 233-22-01 in order to <br />avoid a roadside drainage ditch and <br />WHEREAS, the Owner and Grantor, Joseph J. Simmons, Jr. has agreed to pay all costs <br />and expenses for constructing the new sidewalk with the new easement area as shown on <br />the plan for Permanent Parcel No. 233-22-01 which is marked "Exhibit A" and attached <br />hereto and made part of this Ordinance. <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 City hereby accepts the easement from Joseph J. Simmons, Jr. <br />for the property on Broxbourne Road, being Permanent Parcel No. 233-22-01 as noted on <br />"Exhibit A" (attached) for a new sidewalk, and which is more fully set out in an <br />individual easement description on file with the Engineering Department, a copy of <br />which said easement is attached hereto, and made a part hereof, as though fully rewritten <br />herein and marked "Exhibit B." <br />SECTION 2: That the granting of the new easement and construction of the new <br />sidewalk shall be accomplished at the sole cost and expense Joseph J. Simmons Jr. <br />SECTION 3: That the Engineer of the City of North Olmsted is hereby directed to cause <br />said easements to be recorded in the office of the Cuyahoga County Recorder. <br />SECTION 4: That this Ordinance is hereby declared to be an emergency measure <br />immediately necessary for the preservation of the public peace, property, health and <br />safety of the City, and further provided it receives the affirmative vote oftwo-thirds of all <br />members of Council, it shall take effect and be in force immediately upon its passage and <br />approval by the Mayor. <br />