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CITY CF N(RTH OLMTED <br />{p.DTPJANCE No. YC 16' <br />u? ? <br />/L,- 'f `2,: L? t Js'Lc?. ? ?_: <br />AN CRDINAME AU'IH(RIZIlVG THE OBTAINING OF EASEMENTS F(It TH8 PURPUSE.S <br />E)F Rn-QCATING' D=WINGj. WR:DEMG AATD GyWflYG OF TFE DITCH TARDIIGH <br />PEtMAMT PARCSL NOB. 232-2 3s 4., 5 and 7 ABUTTTAtG S,AN'SING DRIVS.9 <br />FIXIIJG COMENSATTON THEREFtlR AND DECLAftING Ald EMERGENCY. <br />WHEftF.,??.Ss earlier this year., Cowncil has advised that the Lansi.ng Dri.ve <br />drainage diteh waa iss the proeess of being dseperu3 and alearasd in am9r*er <br />detrimental and damaging to the properties through whieh such constructioa was <br />occvrring, and <br />WHMEAS, after dus investigation, Conscil has determ:i.ned that said <br />praperties thrrough which said ditch passes, had sustained conaiderabl,e ciamage <br />ancl the owners of said properties complained as to its 1c?eation and the daugerous <br />eondition of the ditch resulting from sai,d deepeni.ng aad cleaning., and <br />wiF.ftF.AS, said property owners further reported to Counc3.l that they intended <br />to take the necessary lsgal action required to prevent fvrther entiq upon their <br />praperty bp the Citp or ot,hers in the futvre t.hereby prevent3.ng saiA ma.intensnce <br />of said ditah in a suitable maziner wn7.esa the oity negotiated wi.th said property <br />owmers for an easement for such purposes and othsrw3.se effectiag the restoration <br />oP the praperty prior to the entry for said eleaning asad lower3ng of said ditch. <br />NCW$ THEREFOR.E,, BE IT ClRDAIlVED by the Council of the City of Nwth OZmstedi <br />State of Oh.a.o: <br />Sectioa 1. That the Solicitor be awd he is hereby anthorized to obtain <br />easements from Ernsst B. and Joan M. Wagner, owners of Permanent Parael No. 232-2-3, <br />Russell B. and J. C. ICoh1., P.P. No. 232-2 -4; Jack E. and A. M. Kvpp, P.P. No. 232-2-5 <br />and Bi.].],yr H. and Barbara J. Owens, P.P. No. 232-2-7 for the purposes of relocatinga <br />deepening, widen3ng and otherwiae mainta' ?? a drainage dil-,ch through their preaises <br />which proposed drainage ditch will be locat,ed as near as o sible to the Westerly <br />Lins of said parcels or portion of the parce? through/?proposed relacatred ditch <br />is to pass, and to pay fcr sa3.d easements the smms of $100, Umt 0,94 and $lIX} <br />respectively,, aad further,9 that said easements w3.11 geAeral]y prmride for the <br />restoration of the premisea to the condition in whi.cih they were priar to the <br />relooation of said ditch and tc3 further require the baokfil7.ing of the esci.sting <br />ditch prior to its relnaation and the removal of all spoil dirt from said ditch <br />unless otherwi.se directed by the ovnmrs of sai.d pztrc.els. Said easedents will <br />fnrtlier provide for the release of the City from any and aIl darages from sny work <br />oxi said ditch prior to the construct3.on of the reloeated ditch - whethe+r such wark <br />was performed by the City ar other personsp firm or corpourat3oris., acting on their <br />own behalf or as agents of the City. <br />Section 2. This Ordinance i.s hereby declared to be aa emrgency measure <br />and such emergency axists lay virtue of the necessity of immediately relocating sai.d <br />ditch to permit the effective use thereof for the drainage of the area served therebp <br />and to eleviate damages heretofore ine-urred by propertg awwrs throtagh whose premises <br />said diteh presently passes. <br />Section 3. Wherefore,, this ordinarcce sha11 take i.mediate effect from and <br />after its passage., otherKisep at the earliest period allowed by law, <br />PASSED: <br />----?-----? <br />ES`r y- <br />ATT <br />?., <br />Louise H .9 C]?erk of ouacil <br />APPR : %:; <br />a . Gareau, Mayor <br />Sruc e Dona .q e sident Af ovnc il