61-164 Ordinance - Laserfiche WebLink

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~~ l ORDINANCE N0. ~O ~!~. AN INANCE DIRECTING THE APPROPRIATION OF CERTAIN PROPERTY AS HEREINAFTER DESCRIBED AND DECIARING AN EMERGENCY WHEREAS, on the ~ day of ~- , 1961, the Council of the City of North Olmsted adopted a resoluti declaring the necessity and inten- tion of appropriating the real estate hereinafter described and notice of the adoption of said resolution having been served on owners, persona in posses- sion and those having an interest of record in said premises. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of North Olmsted, State of Ohio, two-thirds of all members elected thereto concurringo Section 1. That there is hereby declared appropriated a right of way and easement over, through and across each of the parcels of land des- cribed in Exhibit "A" attached hereto and made a part hereof for the purpose of constructing, maintaining, operating, repairing, altering, replacing, changing the size and removing a sewer together with the necessary manholes for the transportation of sewage with the right of unimpaired access to said sewer and the rights of ingress and egress on, over and through said parcels of land for all purposes necessary and incidental to the construction, opera- tion, maintenance, repair, altering, replacement, changing the size and removal of said sewer. There shall be reserved to the owners of the said parcels of. land the right to fully use and enjoy said premises for all purposes consistent with the full use and enjoyment by the city of the easement rights herein des- cribed but the construction of structures as defined in the Building Code of the City of North Olmsted directly over any said sewer, except public utili- ties, is prohibited. It is a further condition on the said easement rights that the city return the surface of the ground to its original level and general condition after any construction, maintenance, operation, repair, replacement, alteration, changing the size of or removal of said sewer. Said right of way and easement shall be~over, through and across the .northerly nine (9) feet of the parcels described in Exhibit "A" and identified as the "Griffin Parcel", the "Diehr Parcel", the"Von Duyke Parcel" and the "Passant Parcel", for a per- manent easement for the purposes above set forth with an additional ten (10} feet of temporary easement to the South of and parallel to said nine (9) foot strip with the right to enter upon said additional ten (10) foot strip with all necessary machinery, equipment and labor force for the purpose of locating the constructing said sewer and upon the completion of said construc- tion, the city's right to said temporary ten (10) foot easement shall terminate. Said permanent easement shall be over, through and across the ;southerly eight (8) Peet of the parcel described and identif ied in Exhibit A as the "Lockner Parcel" with an additional ten (10) Peet of temporary easement to the north of and parallel to said eight (8) foot strip for the purposeeabove set forth. Said permanent easement shall be over, through and across the southerly ten (10) Peet of the parcel described and identified in Exhibit A as the "Schneider Parcel" with an additional ten (10) feet of temporary easement to the north of and parallel to said ten (10) foot strip for the purposes above set forth. Section 2. That the Director of 7.e-w and special counsel employed by this Council be and they are authorized and directed to apply to the Court of Common Pleas of Cuyahoga County to have a fury impaneled for the assessment of compensation to be paid by the city for the property interests described in Section 1 above hereby appropriated by the city. Section 3. This ordinance is hereby declared to be an emergency measure necessary for the preservation of the public health and safety of this city and for the further reason that it is necessary to have this ordinance effective immediately in order that the appropriation may go for- ward and the real estate described may be available to the city so as to