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ORDINANCE NO. 74-72 BY: Messrs. Werner, Brockman, Graber, <br /> Magnotto, McBride, Usher <br /> <br /> AN EMERGENCY ORDINANCE authorizing the Mayor on behalf of the City <br />of Lakewood to purchase the certain real estate located at 1365 St. Charles <br />Avenue, Lakewood, Ohio hereinafter more particularly described. <br /> <br /> WHEREAS,. this ordinance constitutes an emergency measure providing <br />for the immediate preservation of the public health and welfare and for the <br />usual daily operation of a municipal department and for the further reason that <br />the owners have agreed to sell said property for the consideration herein <br />stipulated and this Council determines it to be in the best interest of the City <br />that the property be purchased immediately so that the construction of the multi- <br />level municipal parking garage can be commenced without any further delay, <br />now, therefore, <br /> <br /> BE IT ORDAINED BY THE COUNCIL OF ~THE CITY OF LAKEWOOD, STATE OF OHIO: <br /> <br /> Section 1o That the Mayor be and he is hereby authorized and directed <br />to purchase from John N. Hoty and Va$iliki Hoty, husband and wife, the following <br />described property: <br /> <br /> Situated in the City of Lakewood, County of Cuyahoga, and State <br /> of Ohio, and known as being the southerly 36 feet of Sublot No. 252 <br /> in The Lakewood Realty's Company's Lakewood Park subdivision of part <br /> of Original Rockport Township Section NOo 22, as sh°wn by the recorded <br /> plat in Volume 27 of Maps, Page 26 of Cuyahoga County Records and <br /> being 36 feet front on the Easterly side of St. Charles Avenue, and <br /> extending back of equal width 130 feet, appears by said plat, be the <br /> same more or less, but subject to all legal highways. <br /> <br />and to pay therefor .the sum of Twenty Seven Thousand Two Hundred and Eighty <br />Dollars ($27,280.00)° <br /> <br /> Section 2. That the title to said property shall be subject to the <br />approval of the Director of Law; that taxes and assessments and rental income <br />shall be prorated as of the date of the filing of the Deed for record using <br />the last available tax rate and valuation for computing tax prorations; that <br />the Director of Finance be and he is hereby authorized to pay the amount set forth in <br />Section 1 hereof from the Downtown ParRing Garage Fund upon delivery by the <br />Grantor of a good and sufficient Warranty Deed to the City of LakeWood, together <br />with guarantee of title, at Grantors' expense,disclosing the said real estate <br />to be free and clear of all encumbrances excepting taxes and assessments not <br />yet due and payable, zoning ordinances and restrictions of record, if any; and <br />that the Director of Finance be and he is hereby authorized to pay the costs <br />incidental to the completion of the purchase of said real estate including the <br />cost of filing the Deed for record and one-half of the escrow agent's fee from <br />said fund. <br /> <br /> Section 3. That this ordinance is heyeby declared to be an emergency <br />measure for the reasons stated in the preamble'hereof and provided it receives <br />the affirmative vote of two-thirds of all members elected to Council, it shall <br />take effect and be in force immediately upon its ~a~option and approval by the <br /> <br />Mayor. <br /> <br />Adopted: <br /> <br />Clerk <br /> <br />Mayor <br /> <br /> <br />