Ordinance 2016-26 Easement From Dustin Raber & Kylee Raber

ORDINANCE NUMBER 2016-26

AN ORDINANCE APPROVING THE TERMS OF AN ACQUIRED EASEMENT FROM DUSTIN M. RABER AND KYLEE JO RABER, AUTHORIZING THE MAYOR TO EXECUTE SAID EASEMENT, AND DECLARING AN EMERGENCY.

WHEREAS, an open drainage ditch servicing the Apple Ridge Allotment abuts and traverses the property of Dustin M. Raber and Kylee Jo Raber, identified as Lot 339, Apple Ridge Alt. No.1 , within the Village of Apple Creek; and

WHEREAS, said drainage ditch has fallen into such disrepair, including but not limited to an exposed electric conduit, so as to constitute an immediate health and safety hazard to village residents; and

WHEREAS, in the interests of public health and safety, the Village desires to bury said electric conduit and prevent further immediate erosion; and

WHEREAS, Dustin M. Raber and Kylee Jo Raber have agreed to provide an easement, for repair purposes, to the Village of Apple Creek, Ohio, in accordance with the terms and conditions of that easement attached hereto as Exhibit AA@;

NOW THEREFORE, BE IT RESOLVED by the Council of the Village of Apple Creek, Ohio, that:

SECTION ONE:

The terms, conditions and content of that easement attached hereto as Exhibit AA@ are approved by Village Council.

SECTION TWO:

The Mayor is hereby authorized to execute said easement on behalf of the Village of Apple Creek.

SECTION THREE:

This Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately from and after its passage. The reason for the emergency lies in the fact that this Ordinance is necessary for the immediate preservation of public health, safety and welfare.

SECTION FOUR:

All prior Ordinances which conflict with the provisions of this Ordinance are hereby repealed to the extent that they are in conflict herewith.

SECTION FIVE:

If any provision of this Ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions are severable.

VOTE TO SUSPEND RULES:                     Yeas  4   Nays  0

VOTE ON EMERGENCY ORDINANCE: Yeas  4  Nays 0

PASSED: October 17, 2016.

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