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<br />CITY OE NOF~'H OLMSTED ~'2~'. ~ ~~~ ~
<br />OP~DiNANCE N0. 61 - 202
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<br />ORDINANCE AUT~IOt~T`LTNG °i'~-ire I~IR.L~~CTOR CF rtIBL1C S~~,RVICE TO INSTALL
<br />STORM SEWER:~PIPE IN STOAIE'YBROOK SUBDIVISION ESTABLISHING THE
<br />CONTRACTITRA~, RIGIi'T'S BET~.nTEEN THE OHIO SHORES CONSTRUCTION CORP-
<br />ORATION, STC~NEYBROOK SUBDI~dISION, RIVt?.R WOOD CORPORATION, AND
<br />THE CITY AS TO T'rIE ~RA_T_NA.GE DI`T'CH ;VITHIN SAID SUBDIVISION, AND
<br />DECLnxINCx AN Ei?SRGFNCY.
<br />WHEREAS, heretofore the plot plan and improvement plan of Stoneybrook
<br />Subdivision have been approved by the Couneil of the City, and in the improve-
<br />ment plan the existing drainage ditch passing through the lands of the develop-
<br />er was proposed to be straightened and relocated permitting more adequate hand-
<br />ling of serf ace waters collected and discharged tyrrough said drainage ditch
<br />from the lands under development in Stoneybrook Subdivision and other lands a
<br />part of the drainage area served by said ditch, and
<br />UPj-TEREAS, in the construction and relocation of said ditch, a very
<br />dangerous, hazardous condition resulted from the deepeniiags widening, straight-
<br />ening, and relocation of said ditch, and particularly to lands adjoining the
<br />Stoneybrook Subdivision, and w'zich condition Council determined necessary in
<br />the preservation of the public health, safety and welfare of the City required
<br />the tiling of said ditch where it was contiguous to adjoining lands ot. the
<br />development on the North, West, and South, and
<br />G~ftEAS, the administrative of"licials and Council negotiated with the
<br />developer for the purposes of effecting? the preservation of the public health,
<br />safety and welfare of the Cit?r, and which negotiations were resolved as follows:
<br />that the developer would purc!~ase all necessary pipe of the sizes and lengths
<br />required as recommended by the City Engineer permitting the installation of
<br />said pipe by the City in the ditch constructed by the developer w~iere it is
<br />contiguous to residential ]_ands abuttins said development on the North, on the
<br />T~Test, and on the Sout"r, and whictr the City agrees to lay and to backfill witty
<br />dirt to be provided at the site of tyre portion of said ditcix to be tiled and
<br />backfilled (the City is not undertaking to furnish the necessary dirt .for
<br />backfilling) and the City agrees to reimburse or credit to the developer the
<br />sum of money represented by the Hn~ineer as tyre actra.al cost to the developer
<br />of the construction of the storm sewer in Clague Road into which a portion
<br />of the water from said ditch was to be and is presently discharged.
<br />NOW, TI-P~~R'~,FGR~', DF f`T' C;ii.l~a~ "~ AIr;D iiy the Council of the City o.f North
<br />Olmsted, State of Ohiot
<br />Section l: To ef-''ectively encompass the details of the settlement
<br />referred to in the preamble hereof, the Stoneybrook Subdivision agrees ~~Tith
<br />Council to purchase culvert material described as corruca_ted metal pipe, one-
<br />half coated, paved invert, 12 ;wage, #enerally in len~;t'ns of 2i; feet with
<br />co11ar4, with all necessary fittings including manhole risers and coatings,
<br />reducer, 33" t~Tye, 9O' Bend, 2 - 30' fiends, and C~tcn Uasin Risers, which
<br />culverting ma.teri.al the Cit?T contracts to install in that portion of the
<br />^Theatherwax Ditch witC?ir~ said subdivision where it abuts lands on the North
<br />fronting on Clifford I*:oad and Clague .Road and abutting lands fronting_ on the
<br />Easterly side of Clasrue Road and on the I~Iorth side of Alexander Road, excluding
<br />therefrom that portion of said ?nlheatherwax Ditch extending in a general Tlorth-
<br />erly and Southerly direction Trrit%rir. said Subdivision and not contiguous to
<br />adjoining lands and, in addition, said Stoneybrook Subdivision shall furnish
<br />necessary* backfill material to corrrplete the project, delivering the same and
<br />place same along the bank for the full culvert length thereof that is to be
<br />culverted. And f'ur~.rer, that Stoneybrook Subdivision shall receive credit
<br />from the City of ~l~,311.00 for the work and material furnished by the
<br />Stoneybrook Subdivision in tyre installation of 109 feet of 5~-inch ~~:.^.P.
<br />pipe in Clague Toad, 515 feet of 1~-inch sidewalk and 1 wheatherwax junction
<br />chamber in accordance with the details set Earth in the letter of Alexander
<br />Kanareff, dated December 12, 1961, and addressed to Clarence J. Oviatt,
<br />Solicitor. In addition to said credit to eye riven by the City to the Stoney-
<br />brook Subdivision and the installation of the culvert material heretofore
<br />referred to in this section hereof, the City wi7.1, when the backfill material
<br />has been delivered and placed along the bank where culverted, tyre Cit~~~ shall
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