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Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA RESOLUTION NO. 2026- 13 BY: Baker, Bixenstine, Bullock, Evans, Kepple, Steiner, Strebig A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, approving the use of submerged lands for the property located at and abutting to the West of the northern terminus of Wilbert and Nicholson Avenues, Lakewood, Ohio PPN 312- 07- 031 ( a legal description of which is attached hereto as Exhibit " A" of the attached Deed of Easement), in order to permit the property owners the opportunity to undertake lakeshore protection measures WHEREAS, the property owners, James F. and Lynne R. Rambasek, have agreed to permit the City of Lakewood to construct Nicholson and Wilbert Outfalls Rehabilitation and bluff stabilization in Lake Erie at Lakewood, Cuyahoga County, Ohio; and WHEREAS, as part of the application to lease submerged lands, the parties involved must submit to the Ohio Department of Natural Resources a resolution from Lakewood City Council approving the proposed use of the submerged land; and WHEREAS, as set forth in Section 2. 12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this resolution is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments in that this submerged lands lease is necessary for the improvements to be made; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The City of Lakewood finds and determines that territory being proposed for the lakeshore protection, which is further described in the application for a submerged lands lease, is not necessary or required for the construction, maintenance or operation by the municipal corporation of breakwaters, piers, docks, wharves, bulkheads, connecting waterways, water terminals, facilities and improvements, and marginal highways in the aid of navigation and water commerce, and the land uses specified in the application comply with regulation of permissible land use as determined by the city. Section 2. Council hereby approves the Official Deed of Easement for Shoreline Improvements as Exhibit " A". Section 3. The Clerk of Council is hereby authorized and directed to certify a copy of this resolution to the Ohio Department of Natural Resources.
Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA Section 4. It is found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were passed in open meetings of this Council and that all deliberations of this Council and any of its committees that resulted in such actions were in meetings open to the public and in compliance with legal requirements. Section 5. This resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this ordinance, and provided it receives the affirmative vote of at least two thirds of the members of Council, this resolution shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest period allowed by law. DocuSlgned by: Adopted: March 2, 2026 Sarah Kepple, President of Council Docusigned by: Maureen M. Bach, Clerk of Council Approved: 3 / c) / i,( p T Meghan F. George, Mayor
Docusign Envelope ID: E9802B03-950D-407D-8A9D- 87D3C51D91AA EXHIBIT A OFFICIAL DEED OF EASEMENT FOR SHORELINE IMPROVEMENTS AT PERMANENT PARCEL NUMBER PPN 312- 07- 031 WHEREAS, on this 45- day of , 2025 (" Effective Date") this OFFICIAL DEED OF EASEMENT is granted by James F. Rambasek and Lynne R. Rambasek (Grantor), to the City of Lakewood, a municipal corporation of the State of Ohio ( Grantee), for the purpose of allowing ingress and egress and to establish an upland ownership interest; and WHEREAS, Grantee plans to construct public improvements to storm water outfalls; and WHEREAS, Grantor owns littoral parcels, Permanent Parcel Number 312- 07- 031, which is private property along the Lake Erie shore landward of the proposed improvements, and spanning the distance of the proposed improvements as well as property leading from tite shoreline to the street level ( the " Property"); and WHEREAS, Grantee requires a submerged lands lease with the State of Ohio to implement public improvements on the State-owned lakebed and an Easement Agreement to develop the facilities and to allow limited public access on privately owned property; and WHEREAS, Grantor intends to grant an easement and confirming the prior yield of Grantor' s littoral rights to Grantee necessary for the public improvements and to satisfy requirements within Ohio Revised Code 1506. 11 and the rules adopted thereunder for the installation of the public improvements; and WHEREAS, Grantor acknowledges that the standard requirement for the duration of a submerged lands lease per the Ohio Department of Natural Resources ( ODNR) is 50 years, and that Grantee' s Easement for the Property will be an appurtenant easement, not a permanent casement, with a term of years consistent with the submerged lands lease. NOW, THEREFORE, pursuant to these premises James F. Rambasek and Lynne R. Rambasek Grantor), for good and valuable consideration, receipt of which is hereby acknowledged, does hereby give, grant and convey to the City of Lakewood, Ohio ( Grantee), the non-exclusive easement as specifically described in Exhibit " A" attached hereto and incorporated herein, for the sole purpose of ingress and egress and to establish an upland interest for the purpose of entering into a submerged land lease with the Ohio Department of Natural Resources.
Docusign Envelope ID: E9802B03-95OD-407D-8A9D-87D3C51D91AA EXHIBIT A The duration of this easement shall not exceed the term of the submerged lands lease and shall not be assignable without the prior written consent of the Grantor. The grant is made on the express condition that Grantee shall, as far as possible after the construction of said public improvements and all subsequent alterations or repairs thereunto, restore all property belonging to the Grantor( s) except buildings or other structures located in the permanent easement to its original condition and shall reasonably compensate the Grantor( s) for any property damaged or destroyed except buildings or other structures located in the permanent easement which cannot be restored to its original condition, as a result of or in consequence of said construction, maintenance and repair of said public improvements. Grantee is solely responsible for maintaining any and all of its improvements located within the easement, in compliance with all local, state and federal laws. Grantor may terminate this Easement at any time for cause upon ninety days written notice to Grantee. Grantor hereby reserves the right to use said premises within the limits of the above -described easement for the passage or transportation of personnel, materials or equipment over or across the described easement, and to make such other use of said premises within the limits of the above -described easement as are not herein expressly prohibited by and are not inconsistent with the rights and easement hereby granted. Grantee shall timely pay all taxes and assessments ( if any) imposed on the easement premises by reasons of Grantee' s activities thereon and any other charges or expenses attributable to Grantee' s activities on the premises. Nothing herein shall prohibit Grantee from contesting the taxability of the premises or the taxable value of the premises; provided, however, that Grantee posts adequate security, to cover any taxes that may become due and owing after final determination of taxability or value. TO HAVE AND TO HOLD the above granted easement to the above described premises, for the purpose above mentioned to said Grantee. And the Grantor, for itself, its successors and assigns, does covenant that at and until the sealing of these presents, it is well seized of the above described premises as a good and indefeasible estate in fee simple and has good right to bargain, and grant the same in manner and forms as above written, and that it will warrant and defend said premises with the appurtenances thereunto belonging to the Grantee, its successors and assigns, against all lawful claims and demands whatsoever for the purpose herein described.
Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA EXHIBIT A y IN WITNESS WIIEREOF, James F. Rambasek and Lynne R. Rambasek by Title), has caused his name to be affixed hereto this Easement this day of , 2025. James F. Rambasek By: Lynne R. Rambasek, J The undersigned hereby' agrees and consents to the terms and conditions of this Official Deed of Easement. The legal form of this instrument is approved. By: Name Title Date City ofLakewood By: Name Title Date
Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C5lD9lAA EXHIBIT A STATE OF OHIO SS: COUNTY OF CUYAIOGA ) On this / 5 day of , o / c,,, vz; 2025 before me a Notary Public in and for said County and State, came j ( Title), who acknowledged the execution of the foregoing deed to be his/ her voluntary act on behalf of James F. Rambasek and Lynne R. Rambasek, and the free act and deed of City of Lakewood. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal at Lakewood, Ohio, tine day and year last aforesaid. sq COLLEEN GILLESPIE Notary Public State of Ohio My Comm. Expires June 9, 2029 STATE OF OHIO SS: COUNTY OF CUYAHOGA ) Notary Public My Commission Expires l- e/. lam 1, Ad-),/ On this day of , 2025 before me a Notary Public in and for said County and State, came ( Title), who acknowledged the execution of the foregoing deed to be his/ her voluntary act on behalf of City of Lakewood, and the free act and deed of City of Lakewood. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal at Lakewood, Ohio, the day and year last aforesaid. Notary Public My Commission Expires
Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA IN THE MATTER OF: City of Lakewood STATE OF OHIO COUNTY OF CUYAHOGA CITY OF LAKEWOOD EXHIBIT A CITY OF LAKEWOOD CUYAHOGA COUNTY, OHIO AFFIDAVIT OF PNN: 312- 07- 031 Now comes James F. Rambasek and Lynne R. Rambasek, the property owner of record lands known as permanent parcel; number 312- 07- 031 situated on the shore of Lake Erie, Lakewood, Cuyahoga County, Ohio, and hereby states: 1. I am the duly authorized representative of the property including permanent parcel number 312- 07- 031, 2. That the lands described above are situated on Lake Erie north of permanent parcel number 312- 07- 031. 3. That I am in full support of the public improvements proposed for this portion of the shoreline of Lake Erie. 4. That I am aware that the City of Lakewood will obtain and hold a Submerged Lands Lease or leases from the State of Ohio for the project. 5. That I recognize as the identified adjacent upland property owner that the aforementioned Submerged Lands Lease impacts the littoral rights of my property, nevertheless I do not object to the Submerged Lands Lease between the State of Ohio, as Lessor, and the City of Lakewood and its successors or assigns, as Lessee. 6. I am aware that the City of Lakewood seeks to obtain an interest in the littoral parcel to satisfy requirements within RC 1506. 11 and the rules adopted thereunder for the installation of the public improvements. 7. That the relationship of the lakeward area of the proposed public improvements and the littoral parcel and related Littoral apportionment boundary lines is depicted in Exhibit 8. A» That the undersigned hereby recognizes that it yields its littoral rights to the City of Lakewood to that area of the Lake Erie Territory necessary for the public improvements as more particularly described and provided in Exhibit " A". 9. That upon the execution of the Submerged Lands Lease for the public improvements between the City of Lakewood and the State of Ohio, the fee upland owner signing the affidavit is committing to convey an easement interest to the City of Lakewood that will run with the land and be binding on successors in title, heirs and assigns for a period of time that is coterminous with the Submerged Lands Lease. 10. That should the property transfer after the signing of this affidavit and prior to the conveyance of an easement interest to the City of Lakewood for the project, the
Docusign Envelope ID: E9802B03- 95OD-407D-8A9D-87D3C51D91AA EXHIBIT A undersigned agrees to provide a copy of this affidavit to any subsequent owner to inform them of the continuing obligations under this affidavit of any subsequent owners to yield the littoral rights to the City of Lakewood and to convey an easement interest to the City of Lakewood for such improvements. 11. That thus affidavit, the yielded littoral rights and other obligations hereunder shall automatically become null and void upon the earlier to occur of: (i) if for any reason, the Submerged Lands Lease for the project is not executed between the City of Lakewood and the State of Ohio or ( ii) the termination of the Lessee' s rights to the possession of the Lease Property or ( iii) the expiration of the Lease. Further Affiant sayeth naught. Janes F. Rambasek 4,1Y, ne R. Rambasek Sworn to and subscribed in my presence by KWNIAf this /: 5 day of rC, 2025. -, Notary Public s9 COLLEEN GILLESPIE c IL m Notary Public State of Ohio KL ' u. ;. rod g o My Comm. Expires 611 June 9, 2029 Witnesses Date: Date: My Commission Expires
Docusign Envelope ID: E9802B03-950D- 407D-8A9D-87D3C51D91AA EXHIBIT A Additional Easement Description information to be inserted)
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Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA EXHIBIT A KS ASSOCIATES Submerged Land Lease Parcel 1 Parcel 312- 07- 031 0. 1956 Acres Situated in the submerged lands of Lake Erie lying northerly of and adjacent to the City of Lakewood and County of Cuyahoga and within the State of Ohio and lying northerly of and adjacent to part of The Lake Avenue Realty Company' s Overlook Park Subdivision of part of Original Rockport Township Section No. 21, ( Fractional Township 7- N Range 14- W Connecticut Western Reserve) as recorded in Volume 50, Page 32 of the Cuyahoga County Map Records. Also lying northerly of and adjacent to the land conveyed to James F. and Lynne R. Rambasek as recorded in AFN 202409040132 of the Cuyahoga County Records, being more definitely described as follows; Commencing at a MAG nail set at the intersection of the centerline of Wilbert Road ( 70 feet wide) and the centerline of Cliff Drive ( 50 feet wide); Thence, along the centerline of Cliff Drive, along the arc of a curve which deflects to the left, 221. 39 feet to an iron pin set in the easterly line of Parcel " B" in Heldeloff Lot Split as recorded in Volume 280, Page 68 of the Cuyahoga County Map Records and the easterly line of land conveyed to Brent J. and Molly C. Stehlik, as recorded in AFN 202209200618 of the Cuyahoga County Records, said curve having a radius of 5025. 00 feet, a central angle of 2° 31' 28", and a chord of 221. 38 feet which bears South 880 08' 02" West; Thence, leaving the centerline of Cliff Drive, along the easterly line of said Parcel " B" and said land conveyed to Brent J. and Molly C. Stehlik, North 01' 00' 33" East, 62. 83 feet to the Fall 2023 natural shoreline of Lake Erie; Thence, along the Fall 2023 natural shoreline of Lake Erie, the following three courses; South 68' 54' 54" East, 1. 56 feet Thence, South 44' 16' 46" East, 6. 66 feet; Thence, South 68° 02' 31" East, 10. 98 feet to the True Point of Beginning for the parcel herein described; Thence, along the arc of a non -tangent curve which deflects to the right, 91. 34 feet, said curve having a radius of 62. 10 feet, a central angle of 84' 16' 32", and a chord of 83. 33 feet which bears North 48° 17' 46" East; Thence, North 90° 00' 00" East, 41. 45 feet; Thence, along the are of a non -tangent curve which deflects to the right, 90. 12 feet to the Fall 2023 natural shoreline of Lake Erie, said curve having a radius of 62. 10 feet, a central angle of 83' 09' 02", and a chord of 82.42 feet which bears South 48° 51' 31" East; Thence, along the Fall 2023 natural shoreline of Lake Erie, the following fourteen courses; South 79° 04' 19" West, 12. 29 feet; Thence, South 88' 17' 30" West, 8. 39 feet; Thence, South 78' 57' 27" West, 16. 32 feet;
Docusign Envelope ID: E9802B03-950D-407D-8A9D-87D3C51D91AA EXHIBIT A KS ASSOCIATES Submerged Land Lease Parcel 1 Parcel312- 07- 031 0. 1956 Acres Thence, North 90' 00' 00" West, 6. 13 feet; Thence, South 87° 34' 57" West, 17. 78 feet; Thence, South 850 59' 67" West, 12. 54 feet; Thence, South 80° 32' 43" West, 12. 18 feet; Thence, South 77° 00' 57" West, 8. 35 feet; Thence, North 83' 27' 33" West, 7. 68 feet; Thence, South 769 16' 29" West, 5. 80 feet; Thence, North 800 20' 52" West, 5, 96 feet; Thence, South 83' 45' 26" West, 5. 41 feet; Thence, North 81° 29' 38" West, 38. 87 feet; Thence, North 68° 02' 31" West, 11. 59 feet to the point of beginning. Containing within said bounds 0. 1956 acres ( 8, 518 square feet) of submerged land as surveyed by KS Associates, Inc, under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in February and July, 2024. Bearings are based on Ohio State Plane, North Zone, NAD83( 2011) Grid North. All iron pins set are 5/ 8" x 30" capped rebar inscribed " KS ASSOCS INC PROP MARKER". The Fall 2023 Natural Shoreline is based on Fall 2023 aerial imagery. Trevor A. Bixler, P. S. Professional Surveyor, Ohio No. 7730 KS ASSOCIATES CIA Englneers + Surveyors 260 Burns Road, Suite 100 Elyria, OH 44035 440 365 4730 R:\ 22000\ 22144- 1 Nicholson Oulfall Design\ Legal Descripllon\ Parcel 1 SLL2. docx OF 0 0 TREVOR A. k BIXLER 7730 r sT>c 10N L
Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA EXHIBIT A KS ASSOCIATES Submerged Land Lease Parcel 2 Parcel 312- 07- 031 0. 0325 Acres Situated in the submerged lands of Lake Erie lying northerly of and adjacent to the City of Lakewood and County of Cuyahoga and within the State of Ohio and lying northerly of and adjacent to part of The Lake Avenue Realty Company' s Overlook Park Subdivision of part of Original Rockport Township Section No. 21, ( Fractional Township 7- N Range 14- W Connecticut Western Reserve) as recorded in Volume 50, Page 32 of the Cuyahoga County Map Records. Also lying northerly of and adjacent to the land conveyed to James F. and Lynne R. Rambasek as recorded in AFN 202409040132 of the Cuyahoga County Records, being more definitely described as follows; Commencing at a MAG nail set at the Intersection of the centerline of Nicholson Avenue ( 60 feet wide) and the centerline of Cliff Drive ( 50 feet wide); Thence, along the centerline of Cliff Drive, along the arc of a curve which deflects to the left, 76. 06 feet to a MAG nail set in the centerline of Cliff Drive, said curve having a radius of 5025. 00 feet, a central angle of 0° 52' 02", and a chord of 76. 06 feet which bears North 85' 45' 49" West; Thence, leaving the centerline of Cliff Drive, North 03° 48' 10" East, 77. 21 feet to the November 4, 2021 natural shoreline of Lake Erie and the True Point of Beginning for the parcel herein described; Thence, along the arc of a non -tangent curve which deflects to the right, 64. 14 feet to the littoral rights partition line between said land conveyed to James F. and Lynne R. Rambasek and the westerly right of way of Nicholson Avenue, said curve having a radius of 65. 83 feet, a central angle of 65' 49' 04", and a chord of 60. 67 feet which bears North 41 ° 54' 02" East; Thence, along said littoral rights partition line, South 01 ° 19' 30" East, 48.89 feet to November 4, 2021 natural shoreline of Lake Erie; Thence, along the November 4, 2021 natural shoreline of Lake Erie, the following eleven courses; South 71' 41' 35" West, 2. 58 feet; Thence, South 78' 22 35" West, 1. 44 feet; Thence, South 57' 21' 58" West, 1. 81 feet; Thence, North 76° 10' 52" West, 4. 65 feet; Thence, North 55' 14' 47" West, 2, 49 feet; Thence, South 89° 45' 32" West, 7. 94 feet; Thence, North 73' 11' 31" West, 10. 48 feet; Thence, South 87' 46' 11" West, 6. 04 feet; Thence, South 72' 21' 48" West, 2. 10 feet; Thence, North 79° 26' 14" West, 2. 03 feet;
Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA KS ASSOCIATES Submerged Land Lease Parcel 2 Parcel 312- 07. 031 0. 0325 Acres Thence, North 65° 37' 34" West, 1. 86 feet to the point of beginning. Containing within said bounds 0.0325 acres ( 1, 414 square feet) of submerged land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in February and July, 2024. Bearings are based on Ohio State Plane, North Zone, NAD83( 2011) Grid North. The November 4, 2021 Natural Shoreline is based on LIDAR data. Trevor A. Bixler, P. S, Professional Surveyor, Ohio No, 7730 KS ASSOCIATES Civl I Engineers + Surveyors 260 Burns Road, Suite 100 Elyria, OH 44035 440 365 4730 R: 122000122144- 1 Nicholson Oulfall DeslgnlLegal DescriplionlParcel 2 SLL2. docx OF yr o TREVOR A. BIXLER 7730 IPA S ONAL 1549