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CITY OF NORTH OLMSTED RESOLUTION No. 65-" BY ~.Y.. A RESOLUTION AUTHORIZING THE DIRECTOR OF LAW TO SETTLE THE LAWSUIT ENTITLED "THOMAS KING AND ELIZABETH KING va. CITY OF NORTH OLMSTED" IN THE ROCKY RIVER MUNICIPAL COURT No, 4499 FOR THE SUM OF $300.00 PLUS COURT C06T5 AND DECLARING AN EMERGENCY. WHEREAS, the City of North Olmsted has been sued by Thomas King and Elizabeth King for the sum of $10, 000.00, and WHEREAS, the City of North Olmsted has incurred expenat and will continue to incur expense due to the filing of the above lawsuit, and WHEREAS, a storm sewer passes through property owned by Thomas and Elizabeth King, and WHEREAS, the storm sewer passing through the King property is part of the City of North Olmsted's storm sewer system, and WHEREAS, the City of North Olmsted wishes the right to enter said property for the purposes of repairing or maintaining said storm sewer, and WHEREAS, case No. 4499 in the Rocky River Municipal Court can be nettled for the sum of $300.00 and in addition thereto, Thomas J. King and Elizabeth A, King will deed to the City of North Olmsted a perpetual easement and right of way, including the perpetual right to enter upon tke real estate included in the easement at any time as it may see fit and con- struct, maintain and repair the underground storm sewer, and WHEREAS, the Director of Law advises the City to settle the afore- said lawsuit. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of North Olmsted, State of Ohio: Section 1: Council after having been advised by the Director of Law of the facts involved in the lawsuit titled "Thomas King and Elizabeth King vs. City of North Olmstedl~ Case No. 4499 Rocky River Municipal Court, and after having been offered the opportunity to consider all facts r, evelant to the above lawsuit, ~ has decided that it is for the best interest of the City to accept the offer of settlement, to-wit, $300.00 plus the casts of the lawsuit. Section 2: That this Council hereby directs that a copy of the Resolution is to be delivered to the Finance Director to pay the terms of the agreed settlement, to-wit. $300.00 plus the cost of the lawsuit. Section 3: That this Resolution be hereby declared to be an emer- gency measure by virtue of the fact that this case is presently being held in abeyance by the `Judge of the Rocky River Municipal Court pending the outcome of this ie~islation.