62-73 Appropriate property at 12919 Lake

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ORDINANCE NO. 62-73 BY: Messrs. Brockman, Graber, Magnotto, McBride, Sinagra, Usher, Werner AN EMERGENCY ORDINANCE to appropriate property at and known as being 12919 Lake Avenue, Lakewood, Ohio. WHEREAS, on the 3rd day of August 1973, the Council of the City of Lakewood, Ohio adopted Resolution No. 4965 declaring the necessity and intention of appropriating a permanent easement in, over, through, upon, under and across the parcel of land hereinafter described, notice of adoption of which resolution has been served on the owners, persons in possession or having an interest of record in said land, and WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department, now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That a permanent easement in, over, through, upon, under, and across the following described parcel of real estate be and the same is hereby appropriated for the purpose of construction of the Hazelwood-Thoreau- Donald sewer project in the City of Lakewood, Ohio. Situated in the City of Lak~wood, County of Cuyahoga and State of Ohio and being a part of Section No. 21 of Original Rockport Township, and further being described as f~llows: Beginning at a point in the southerly line of Lake Avenue at the Northwest corner of parcels of land conveyed to J. Vincent and Mary Margaret Carey by deed recorded in Volume 11649 Page 847 of Cuyahoga County Records; thence Southeast along the Westerly line of said Carey Parcel to the southwest corner thereof; thence easterly 11 feet along the south line of said Carey parcel to a point; thence Northerly to a point in the Southerly line of Lake Avenue said point being 35 feet Easterly of the Northwest corner of said Carey parcels; thence Westerly 35 feet along said Southerly line of Lake Avenue to the principal place of beginning be the same more or less but excepting therefrom all lands now covered by any residence. Section 2. That. the~Director of Law be and he is hereby authorized and directed to apply to a court of competent jurisdiction to have a jury .impanelled to make inquiry into and assess the compensation~to be paid for the fee simple interest in said property. Section 3. That this ordinance is hereby declared to be an emergency measure for the reasons set forth in the preamble hereof and provided it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the - Adopted: ~ _ ~. / ~ /'~ Pr e s~en~.2