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. ? <br />CITY OF NORTH OLMSTED <br />ORDINANCE N0. 85- 46 <br />BY: /?"?it_, <br />AN ORDINANCE VACATING A PORTION OF A SANITARY <br />SEWER EASEMENT LOCATED ON PROPERTY OCCUPIED BY <br />THE GREAT NORTHERN SHOPPING CENTER AND FURTHER <br />ACCEPTING AN EASEMENT FROM THE GREAT NORTHERN <br />SHOPPING CENTER FOR A RELOCATED SANITARY SEWER <br />AND DECLARING AN EMERGENCY. <br />WHEREAS, the Great Northern Shopping Center desires to construct a <br />building upon its property, located immediately to the south of the Great <br />Northern Theatre at the Great Northern Plaza Shopping Center; and <br />WHEREAS, the building is to be constructed within, over or about an <br />easement area in which a City sanitary sewer is presently located; and <br />WHEREAS, it is necessary to vacate a portion of the easement and <br />accept a new easement, in order to relocate the sanitary sewer which will <br />be located beneath the building; and <br />WHEREAS, the Great Northern Shopping Center has agreed that it will <br />pay all construction costs and expenses for relocating the sanitary sewer <br />to its location within the new easement area under the building to be <br />constructed, that further it will be liable for any damage caused to the <br />sanitary sewer by the existence of the building over the easement area; and <br />that it will bear all additional costs and expenses of maintaining and <br />repairing the sanitary sewer beneath the building; <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH <br />OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION 1: That a portion of the Sanitary Sewer Easement located <br />on the property occupied by the Great Northern Shopping Center, which is <br />more fully described in a document filed with the Engineering Department be <br />and the same is hereby vacated and further that the City hereby accepts an <br />easement from Great Northern Shopping Center for a new Sanitary Sewer <br />Easement which is more fully set out in a proposed easement on file with <br />the Engineering Department. <br />SECTION 2: That the granting of the new easement, relocating of <br />the new Sanitary Sewer line and the vacating of the former easement shall <br />be accomplished at the sole cost and expense of the Great Northern Shopping <br />Center. <br />SECTION 3: That the City Engineer is hereby directed to cause a <br />an easement vacation and a new easement, consistent with this Ordinance, to <br />be filed with the County Recorder. <br />SECTION 4: That this Ordinance is hereby determined to be an <br />emergency measure necessary for the immediate preservation of the public <br />peace, property, health and safety of the City and for the further reason <br />that it is immediately necessary to meet construction deadlines during the <br />1985 season and further provided it receives the affirmative vote of two-