2019-025 Ordinance - Laserfiche WebLink

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CITY OF NORTH OLMSTED ORDINANCE NO. 2019 - 25 BY: Mayor Kennedy AN ORDINANCE DECLARING THE NECESSITY AND INTENTION OF THE CITY OF NORTH OLMSTED TO APPROPRIATE A PERMANENT EASEMENT FOR TRAFFIC CONTROL EQUIPMENT, SPECIFICALLY 0.04 ACRES AS PART OF PERMANENT PARCEL NO. 236-14-001, LOCATED ON LAND OWNED BY SRC FACILITIES LLC (aka SEARS), AND FURTHER AUTHORIZING THE DIRECTOR OF LAW, IF NECESSARY, TO COMMENCE EMINENT DOMAIN PROCEEDINGS AGAINST SEARS IN PROBATE COURT TO ACQUIRE SAID EASEMENT, AND DECLARING AN EMERGENCY. WHEREAS, the City of North Olmsted has, together with the Ohio Department of Transportation and the County Engineer, planned to improve public roads and traffic signalization along Great Northern Blvd. at the Mall Drive eastern entrance to Westfield -Great Northern Mall (Traffic Signal Project, Phase 2), including the acquisition of additional right of way; and WHEREAS, the City has undertaken appraisals of property and commenced negotiation, in good faith, with SRC Facilities LLC (Sears) to take land in exchange for payment of $29,250; and WHEREAS, Sears has not been able to provide the City with authorization to sign the necessary easement document to grant and convey the approximately 0.040 acres of property as needed to expand the right of way; and WHEREAS, the Constitution of the State of Ohio and the Ohio Revised Code authorize municipalities to commence appropriation proceedings (eminent domain) against owners of real estate when the property is needed for a public purpose, including the construction of public roads and related traffic signalization; and WHEREAS, this Council recognizes the necessity of this traffic signalization project and further recognizes that it is essential to providing public safety and public roads available and open to all citizens at no charge; and WHEREAS, this Council desires to direct and authorize the Mayor and Director of Law to undertake all preliminary actions and to commence, if necessary, an eminent domain action against Sears to acquire the needed right of way for Traffic Signals Phase 2 Project; and NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: SECTION l: That the Mayor and Director of Law are authorized and directed to take all preliminary steps necessary to exercise powers of eminent domain and, if necessary, to commence suit against SRC Facilities, LLC (Sears) pursuant to the Ohio Constitution and the laws of the State of Ohio. This includes but is not limited to: (l) the retention of a surveyor to create a lot split survey and legal description for the Property; (2) the preparation and service of