63-73 Appropriate 12921-23 Lake Ave

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ORDINANCE NO. 63-73 BY: Messrs. Graber, Magnotto, McBride, Sinagra, Usher, Werner, Brockman AN EMERGENCY ORDINANCE to appropriate property at and known as being 12921-23 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 TH~ 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 Lakewood, County of Cuyahoga and State of Ohio and known as being part of Section 21 of Original Rockport Township and being further described as follows: Beginning a't a point in the southerly line of Lake Avenue, 100' feet wide, at the northeast corner of a parcel of land conveyed to Frances E.' Herr by deed recorded in Volume 12514 Page 297 of Cuyahoga County Records; thence southerly along the easterly line of said Herr parcel to the southeast corner thereof for the principal place of beginning, thence westerly 15 feet along the southerly line of said Herr parcel to a point; thence northeasterly 113.41 feet to a point in the easterly line of said Herr parcel, said point being distant 115o00 feet northerly along the east line of'said Herr parcel from the southeast corner thereof; thence southerly along said easterly line of Herr parcel 115.00 feet to the place of begin- ning 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 a~d~tion and approval by the Adopted: .z~/~ ~z~~ ~ / ~ 7-~ / ' ~ Approved '~~~~g~ '~ ~z~ /~ 7~'p ~~ / ./ ' ~ ~yor