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ORD111TANCE NO e G/--~"~ AN ORDINANCE DIRECTING THE APPROPRIATION OF CERTAIN PROPERTY AS I~EREINA~'ER DESCRIBED AIVD DECLARING AN EI~RGENCYo WREREAS, on the 21st day of February, 1961, the Council of the City of .North Olmsted adopted a resolution declaring the necessity and intentiDn of appropriating tPrae real estate hereinafter described and notice of the adoption of said resolution having been served on owners, persona in possession and those having an interest of record in said premisese NO`d9 TIiEEREFORE, BE IT ORDAINED by the Council of the City of North Olmsted, State of Ohio, two-tk?irda of a1:L members elected thereto concurringe Section to `I~hat there is here?~y declared appropriated a right of way and aaaemant overe through and across each of the parcels of land described in Exhibit °BA'9 attached heretr.~ and made a part hereof for the purpose of con. w str~ucting, maintaininge operating, repai7°ing9 altering, replacing, changing t,k?e size and ramoeing a sewer together with the necessary manholes for the trans-, portation of sewage with the right of un~Lmpaired 'aceessto said sewer and tuna rights of ingress axrd egress one over anci through said pareala of land for al's purposes necessary anal incidental to the construction, operation, maintenance„ repairs alteringe replacement, changing t;he size and removal of said ~ewero There shall. ba ~°eserved to .the owners of the said parcels of land the right to fully use and enjoy said premises for al]'. purp©ses consistent with the full use and enjoyment by the city of the easement rights herein described but the construction of structuraa as defined in the Building Code of the City of forth Olmsted directly over any said sewer, except public utilities, is pro- hibitede It is a further condition on tl~de 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, alteratio~ae changing the size of or removal of said sawere Said right of way and easement shall be over, through and across the northerly nine (9) feet of each of said percale described in Exhibit "A" for a permanent easement for the purposes above sat forth with an additional tea (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 tan (10) foot strip with all necessary machinery, equipment and labor force for the purpose of locating and constructing said sewer and upon the completion of $aid construction, the city's right to said temporary tan (10) foot easement shall terminates Section 20 That the Director of Isw and special counsel employed by this Council ba and they are authorized and directed to apply to the Court of Common Plena of Cuyahoga County to have a jury impaneled for the asseaament of compensation to'be paid by the city for the property interests described in Section 1 above hereby appropriated by tb.e citye Section 3> This ordinance is hereby declared to be an emergency measure necessary for the preservation of the public health anc~ safety of this city and for the further r~eaaon that it is necessary to have tknia ordinance affective immediately in order that the appropriation may go for, ward and the real estate described may be available to the city Go as to permit completion of the conata~xN~tion of the sewer presently in process cif construction. thus contributing to the granter health and comfort of the inhabitants of this ci.tye .~ 1