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ORDINANCE NO. 38-73 BY: Messrs. Graber, Magnotto, <br /> McBride, Usher, Wendling, <br /> Werner, Brockman <br /> AN EMERGENCY ORDINANCE authorizing the Mayor on behalf of the City <br />of Lakewood to purchase the certain real estate located at 1338 Belle Avenue, <br />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 parking garage can be commenced without any further delay, now, therefore, <br /> <br />BE IT ORDAINED BY THE COUNCIL O~ THE CITY OF LAKEWOOD, STATE OF OHIO: <br /> <br /> Section 1. That the Mayor be and he is hereby authorized and directed <br />to purchase from Catherine A. McLaughlin, a widow not remarried, the following <br />described property: <br /> <br /> Situated in theCity ~of Lakewood, County of Cuyahoga and <br /> State of Ohio and known as being all of Sublot NOo 370 and <br /> the Southerly five (5) feet of Sublot No° 369 in The Lakewood <br /> Realty Company's Subdivision No. 1 of part of Original Rockport <br /> Township Section NOo 22, as shown by the recorded plat in <br /> Volume 25 of Maps, Page 26 of Cuyahoga County Records, and <br /> together forming a parcel 45 feet front on the Westerly side of <br /> Belle Avenue, and extending back of equal width 130 feet, as <br /> appears by said plat, be the same more or less, but subject to <br /> all legal highways° <br /> <br />and to pay therefor the sum of Twenty-Three Thousand Five Hundred Dollars <br />($23,500.00). . <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 />if any, shall be prorated as of the date of the filing of the Deed for record <br />using the last available tax rate and valuation for computing tax prorations; <br />that the Director of Finance be and he is hereby authorized to pay the amount <br />set forth in Section 1 hereof from the Downtown Parking Garage Fund upon <br />delivery by the Grantor of a.good and sufficient Warranty Deed to the City of <br />Lakewood, together with guarantee of title disclosing the said real estate to <br />be free and clear of all encumbrances excepting taxes and assessments not yet <br />due and payable, zoning ordinances and restrictions of record, if any; and that <br />the Director of Finance be and he is hereby authorized to pay the cost incidental <br />to the completion of the purchase of said real estate including cost of title <br />examination and title guarantee, transfer taxes, cost of recording Deed and the <br />escrow agent's fee from said fund. <br /> <br /> Section 3° That 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 affirmative vote of two-thirds of all members elected to Council, it shall <br />take effect and be in force immediately upon its adoption and approval b7 the Mayor. <br />Adopted: ~~.~/f~k~ ~.~.~. ~~~ <br /> · ' Presid / <br /> <br /> ' Mayor <br /> <br /> <br />