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CITY OF NORTH OLMSTED
<br />liEsCLUTzoN iNa. 2893
<br />By: Mary Al.ice Lynch
<br />RESQLUTION DI:3ECTINC M t}IZER 0F PRE1,1ISES LCJCAT:M :iT Ati'D KNQtdN AS
<br />6196 CoL,Ur-IBIA ROAD, N4RTH OLMSTED, (}HIQ, TCl PA10VE Z''vI0 F,4?.?Tfi Dt'3m
<br />AND RESTORE THE NATURA.I. DRAINAGE FROM NORTH TO SnUfiH YROI7 THE HAl?RISQN
<br />PROPMTY MOUGH TO 1HE Y-UH ' PRQYERTY AND 'z'0 I12ROVE THE IiE-I,OCATED
<br />DITCH 80 AS TO F{EIATCE T-HL ViZQCITX OF 11ATLR i'ASSING fi'hERLIN, ,EN9
<br />D 4'C LARING AN IIY1EftGENCY .
<br />I'7HEREAS, a conplaint was made to the City of Tdorth f3lmsted an or a,bout Maxoh Il,
<br />1959 by 11r. E. Kuekes of 61£30 Columbia xoad, Vorth Olmsted, 4hio, concezning a condition
<br />existing on premises occupied by Ernest Walters immediately to his south and further idEnti-
<br />fied as 6196 Columbia Road, North Olmsted, Ohio, and Perma,n.ent Parcel Tdo. 236-24-5. The
<br />general complaint concerns the serious erosion taking place on the Walters praperty dischurg-
<br />ing a large ancnmt of recently placed Fill dil-t into the two lakes on the Keu%.es property,
<br />and tha.t a na,tural water course has been diverted by the construction of two earth dams
<br />for the purpose of creating a la,ke on the ?lalters property. An inspeation rras mu,de of the
<br />condition on or about Ma,rch 2.09 1959, an.d the problems described in the complaint verified.
<br />The situation was requested to be inspected ay the City Ehgineer. All of the grading,
<br />obstruction of water course and the diverting of a second water course wa.g undertal>en by
<br />Ernest Walters without permit or without the supe:rvision of the City Engineer, a reaauisite
<br />-'or such an undertaking, and
<br />WHE:f?,EAS, it has now been directed to the attention of Council that this conclition
<br />was thoroughly discussed with 11r. tiialters and that the condition was made lnown to lir. &
<br />T•Trs. Herman Rowe of Columbus, Indianag the record owners of the property, iaho it appea,rs
<br />has undertaken to sell the property concerned to Hr. Ernest Gdalters under land contract.
<br />Tlr. Walters agreed to make the necessary corrections as recommended by the Clty h-hg:t.X1eEY''
<br />out to tnis date has failed to undertakE the slightest u.egree of work to eliminate the
<br />nuisance thereby created by his undertakirgs, ajad 4hat of this cla,te there has becomc
<br />existent, by virtue of the grading undertakzn by Mr. Walters to create a lake and other
<br />sport a,rea on the property, a sta,gna,n.t condition in the alleged la,kes and that the constx-uct-
<br />ion of two earth dams to obta.,z.n said lake has completely obstructed a natural water course,
<br />cree?r, brook or branch, obstrizcting the water na.trtzrally flowing therein and causing it i:o
<br />floi•T back an.d become stagnant in a way prejudicial to the health, com`'ort and convenience
<br />of the citizens of the neighborhood. Further, tha.t in re-routing a second water course,
<br />creek, brook or br?,?.nch, he ha,s created an unreasonable condition in permitting the flow
<br />of water therein to be at such a ve? ocity as 'uo discharge sa.id wate-r, t-ogether w7.'tZ1 lOOSE
<br />dirt occasioned by the grading undertak-en adjacent thereto, into lakes of -an abutting
<br />ot,rner and inflicting extensive clamage thereto, asl.d
<br />IZERE1's5, by virtue of the failure of said oi,mer and others interested in the
<br />property, to abate the condition hereinabove dESCri.bed, the Council has considered it
<br />essential for the health$ comfort and convenience of the citizens of the neighborhood to
<br />ha.ve such condition abated, permi.tting the natura.l flow of water in the water caurse
<br />obstructed by the two easth dams, and requile in the ditch re-locai;ed in Pezma,nent Parccl
<br />? No. 236-24-5, servicirsg approxi,mately an area of fiity acresv to limit the velocity of the
<br />?'- zaater flowing therein, the use of baMes in the ditch bed or the construction of steps
<br />therein and rip rap al.ong the banks thereof to prevent :Eurther erosion, thereby reduc3.ng
<br />the velocity of water and staving off sedimentation of the lakes on the adjoining property.
<br />NOW9 BE Ti ILZGLVED by the Council of the City of North Qlrns-L-ed,
<br />State oi Ohio:
<br />Section 1: That the Service Directo-r, Building CorunissionEr an.d City Engineer
<br />direct the ovrner of record and all persons h.aving a,n interest in and to premises knoum as
<br />6196 Columbia Road$ I3orth Qlmsted, Ohio, and f'urther identiyied as Permanent Parcel T7a.
<br />236-24- 5, to remove the two earthern da.ms erected on said premises in a genera.l eastexly
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