94-035 Ordinance - Laserfiche WebLink

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.~,~m. . ,w CITY OF NORTH OLrLSTID ORDINANCE N0. 94 - 35 BY: COUNCILWOMAN JANET SARINGER ,, AN ORDINANCE VACATING A PORTION OF A WATER MAIN EASEMENT LOCATID ON PROPERTY NOW OWNID BY HENNIE HOMES, INC. AND DESIGNATID AS CINNAMON WOODS, PHASE II, AS RECORDED IN VOLUME 80-0130 PAGE 32 OF CUYAHOGA COUNTY MAPS AND RECORDS, AND FURTHER ACCEPTING AN EASEMENT FROM HENNIE HOMES, INC. FOR AN ADDITIONAL WATER MAIN EASEMENT, AND DECLARING AN EMERGENCY. WHEREAS, Cinnamon Woods, Phase II has proposed construction of water mains on their property located on the north side Cinnamon Way, and, WHEREAS, it is necessary to vacate a portion of an existing easement and to accept a new easement in order to accommodate the water mains, and WHEREAS, Rennie Homes, Inc. is responsible for all construction cost and expenses for installation of the water mains within the easement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTID, COUNTY OF CUYAHOGA, AND STATE OF OHIO: SECTION 1: That a portion of the water main easement located on property now owned by Rennie Homes, Inc. and designated as Cinnamon Woods, Phase II be, and the same is hereby vacated, and further that the City hereby accepts an additional easement from Rennie Homes, Inc., all of which are designated on a sketch/drawing accompanying Legal Descriptions (2) dated January, 1994 by Zwick Associates, Inc., a copy of which is attached hereto, and made a part hereof, as though fully rewritten herein and marked "Exhibit A". SECTION 2: That the granting of the new easement and vacating the portion of the former easement shall be accomplished at the sole cost and expense of Rennie Homes, Inc. SECTION 3: That the City Engineer be and he is hereby directed to cause an easement vacation and new easement consistent with this Ordinance to be filed with the County Recorder. SECTION 4: That this Ordinance is hereby determined to be an emergency measure necessary for the immediate preservation of the public peace, property, health and safety of the City, and further provided 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.