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O~DR~NCE No. 4~59 by Mr. McGill <br /> <br /> AN EMERGF~ICY ORDINANOE authorizin~ the Mayor, on behalf of the <br />City of Lakewood, %o purchase the certain real estate located on BeLle Avenue <br />in the City of Lakewced hereinafter more particularly described. <br /> <br /> WH~.REAS, th~s ordinance constitutes an emergency in that, by <br />legislation heretofore adopted, thi~ Council has appropriated and instructed the <br />Director of Law to proceed with action to assess compensation with respect to the <br />property herei~fter described which action has been filed in the Court of Common <br />Pleas of Cuyahoga County; in that settlement of said action has been reached <br />whereby the ~vner has agreed, subject to retaining possession of said pr?;perty <br />rent free until August 15, ~948, to sell said property for the consideratzon here- <br />inafter stipulated which this Council deems to be in the best interests of the Gity~ <br />and in that it provides for the public health and welfare and the us,,~l daily <br />-operation of a mun~cipal department, now, therefore, <br /> <br /> BE IT. OK?~Ih~D BY THE C~UNCIL OF THE CITY OF LAKE~0OD, STATE OF <br /> 0~IOl <br /> <br /> Section 1. That the Mayor be, and he is hereby, authorized <br />purchase from Florence ~. Raete~t~ the following described proper~y: <br /> <br /> Situated in the City of Lakewood~ County of <br /> Ouyaboga, and State of Ohio~ and known as he,n8 <br /> Sublet No. 128 in the Belle Avenue Allotment, of <br /> a part of Section 1~o. 22, Original Rockport <br /> T~hip, as sh~ma by the plat recm~ded in <br /> Volume 4i, ,Pa~e 23, Cuyaho~a County Map Records, <br /> and being a parcel of land on the east side of <br /> Belle Avenue', 45 feet wide and extending east on <br /> the north line 188.45 feet and 188.35 feet on the <br /> south line, and being same premises enveyed to <br /> Della McFadden by deed recorded in said Co'~uty <br /> Record of Deeds, Volume 130, Page 316-17-1~ as ~ <br /> appears by said plat, be the same mare or less, <br /> but subject to all legal highways. <br /> <br />and to pay therefor the sum of Nineteen Thousamd One Hundred Dollars ($19,100.00). <br /> <br /> Section 2. That the title to said property shall be subject to the <br />approval of the Director of Law; that possession shall be given to the City by <br />the owner August 15, 1948; that taxes and assessments s~,~ be pro-rated as of <br />the date of .transfer; that the Director of Finance be,~ and he is hereby~ <br />authorized to pay the amount set forth in Section 1 hereof l~om the Hospital <br />Building Improvement Fund upon delivery by Florence G. Fa~etonik of her Warranty <br />Deed, bearing signature of Julius A. Ruetenik ~o the City of I~c~ood, together <br />with Guaranty of Title-disclosing %he said real estate to be free and clear ef all <br />encumbrances~ excepting taxes anti'assessments not yet due and pay~ble~ zoning <br />ordinances and restrictions 'of record, if any, and subject to possession of said <br />property rent free until August 1~, 1948; and that the Director of Finance be, <br />and he is hereby, authorized to pay the costs incidental to the completion of the <br />purchase of said real estate, including the cost of recording the Deed and one-half <br />of the escrow a~ent's fee from said fund. <br /> <br /> Section ~. This ordinance is hereby declared to be an emergency <br />measure for the reasons stated in the preamble hereof and, provided it receives <br />the af£i~ative vote of two-thirds of all members elected to Council, it shall <br />take ef~ect and be in force immediately upon its adoption and approval by the ~yor. <br /> <br />Adopted. ~f~y .27~ 1948. <br /> <br />l~m. R. Fair~rieve <br /> President <br /> <br />~ppreved, .!~a7 ~8~ 19~8 <br /> <br />H. A. Rees <br /> <br />A. I. Kauffman <br /> yet <br /> <br /> <br />