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Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA Baker, Bixenstine, Bullock, RESOLUTION NO. 2026- 14 BY: 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 property located at and abutting the Northern terminus of Nicholson Avenue Right -of - Way, Lakewood, Ohio ( a legal description of which is attached hereto as Exhibit " A"), in order to permit the owners the opportunity to undertake lakeshore protection measures. WHEREAS, the property owners City of Lakewood 12650 Detroit Avenue Lakewood, Ohio 44107 needs to construct the 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 measures, 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. The Clerk of Council is hereby authorized and directed to certify a copy of this resolution to the Ohio Department of Natural Resources. Section 3. 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 Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA resulted in such actions were in meetings open to the public and in compliance with legal requirements. Section 4. 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. Adopted: March 2, 2026 Approved: 3 9 ? Ao DocuSlgned by: Sarah Kepple, President of Council DocuSlgned by: Maureen M. Bach, Clerk of Council Mega F. George, Mayor Docusign Envelope ID: E9802l303-950D-407D-8A9D-87D3C51 D91 AA I i 0. 1 1 I !im jv IN , LAKE ERIE PARCEL SELI 00 3S Wwsaa A CLIFF DRIVE 50, A _. T f 4 7 X. AV— Ot _ 111 0 znSURVEYOR' S NOTES 1': VAI n c " 11 - 1 x De> nD n wD —1 SS_ L - 1 1 -- IS AS 1. — ISAS.. ABBREVIATIONS LEGEND A- IC EXHIBIT A 7-- 0, AMU.- M— D* 1 20 ' o SCALE 20' ER 4D gi WR z ao A! 9 If z- Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA EXHIBIT A KS ASSOCIATES Submerged Land Lease Parcel 1 Nicholson Avenue 0. 0734 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 Original Rockport Township Section No. 21, ( Fractional Township 7- N Range 14- W Connecticut Western Reserve) and 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, leaving said intersection, South 890 19' 59" East, 30. 00 feet to the easterly right of way of Nicholson Avenue; Thence, along the easterly right of way of Nicholson Avenue, North 000 40' 01" East, 68. 92 feet to the Fall 2023 natural shoreline of Lake Erie and the True Point of Beginning for the parcel herein described and passing through an iron pin set at 43. 00 feet; Thence, along the Fall 2023 natural shoreline of Lake Erie, the following eight courses; South 820 24' 41" West, 3. 00 feet; Thence, North 65° 23' 39" West, 3. 64 feet; Thence, South 220 54' 27" West, 6.73 feet; Thence, South 290 22' 40" East, 2. 53 feet; Thence, North 82° 52' 51" West, 11. 12 feet; Thence, North 22° 38' 12" West, 1. 79 feet; Thence, North 06° 31' 30" East, 4. 86 feet; Thence, North 61 ° 53' 10" West, 8. 28 feet to the November 4, 2021 natural shoreline of Lake Erie; Thence, along the November 4, 2021 natural shoreline of Lake Erie, the following eight courses; South 310 22' 37" West, 3. 26 feet; Thence, North 74° 21' 30" West, 2. 22 feet; Thence, North 62° 32' 43" West, 10. 86 feet; Thence, North 850 40' 24" West, 7. 22 feet; Thence, South 75° 36' 03" West, 5. 34 feet; Thence, North 480 11' 40" West, 4. 75 feet; Thence, North 78° 24' 12" West, 3. 89 feet; Docusign Envelope ID: E9802B03- 950D- 407D- 8A9D- 87D3C51D91AA EXHIBIT A KS ASSOCIATES Submerged Land Lease Parcel 1 Nicholson Avenue 0. 0734 Acres Thence, South 810 56' 37" West, 0. 55 feet to the littoral rights partition line between land conveyed to James F. and Lynne R. Rambasek as recorded in AFN 202409040132 of the Cuyahoga County Records and the westerly right of way of Nicholson Avenue; Thence, along said littoral rights partition line, North 01° 19' 30" West, 48. 89 feet; Thence, along the arc of a non -tangent curve which deflects to the right, 29.64 feet, said curve having a radius of 55. 83 feet, a central angle of 30' 25' 11 ", and a chord of 29. 30 feet which bears South 89' 58' 51" East; Thence, South 680 20' 09" East, 1. 70 feet; Thence, South 640 02' 15" East, 13. 79 feet; Thence, South 680 46' 30" East, 17. 06 feet; Thence, South 740 46' 16" East, 0. 80 feet to the littoral rights partition line between land conveyed to Tiffany Yuhasz as recorded in AFN 202207180497 of the Cuyahoga County Records and the easterly right of way of Nicholson Avenue; Thence, along said littoral rights partition line, South 01 ° 19' 30" East, 46. 20 feet to the point of beginning. Containing within said bounds 0. 0734 acres ( 3, 198 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". Trevor A. Bixler, P. S. Professional Surveyor, Ohio No. 7730 KS ASSOCIATES Civil Engineers + Surveyors 260 Burns Road, Suite 100 Elyria, OH 44035 440 365 4730 R:\ 22000\ 22144- 1 Nicholson Outfall Design\ Legal Description\ Parcel 1 SLL3. docx o ONO, TREVOR A. BIXLER y 7730 FSS ONAL 5 I