4918 - 72 Compensation for appropriation of 1378 Belle

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RESOLUTION NO. 4918 BY: Messrs. Magnotto, MCBride, Usher, Werner, Brockman, Graber AN EMERGENCY P~SOLUTION declaring the inability of the City to agree with the owner of the real property located at and known as being 1378 Belle Avenue, Lakewood, Ohio as to the amount of compensation for the appropriation; declaring the intention to obtain possession of said property including structures situated thereon at the time of filing suit in appropriation; directing the Director of Finance to cause a check to be issued in favor of Frank Jo Merrick, Judge of the Probate Court of Cuyahoga County in the amount of Twenty Three Thousand Five Hundred Dollars ($23,500.00) representing the value of such property appropriated including the structure situated thereon; and direct%ng the Director of Law to deposit said check in a court of competent jurisdiction at the time of filing a suit for appropriation. WHEREAS, on November 20, 1972 this Council duly adopted Resolution No. 4909 declaring the necessity and intent of the City of Lakewood to appropriate the real property located at 1378 Belle Avenue owned by Arthur and Jean K. Hazeldine and designated Permanent Parcel NOo 312-17-135, and WHEREAS, on December 4, 1972 this Council duly adopted Ordinance NOo 77-72 to proceed with the appropriation of the aforesaid property, and WHEREAS, the City is unable to agree with Arthur and Jean K. Hazeldine, owners thereof, as to the amount of compensation to be paid to said owners, WHEREAS, the aforesaid property to be appropriated is to be used for the purpose of construction of am ulti-level municipal parking garage facility and for the purpose of making a road which shall be open to the public without charge for the City of Lakewood and therefore possession of said property including structures should be obtained at the time of filing suit in accordance with the law in such cases made and provided, and WHEREAS, said property should be appropriated and possession taken i.~mmediately so as to facilitate the construction of the aforementioned road, now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the City of Lakewood is unable to agree with Arthur and Jean K. Hazeldine, the owners of the aforesaid property, as to the amount of compensation, to be paid to said owners. Section 2. That the Director of Finance be and he is hereby authorized and directed to cause a Check to be drawn in favor of Frank J. Merrick, Judge of the Probate Court of Cuyahoga County in the amount of Twenty Three Thousand Five Hundred Dollars ($23,500°00) representing the value of such property appropriated, together with damages, if any, to the residue. Section 3. That the Director of Law is hereby authorized and directed to deposit the aforementioned check in a court of competent jurisdiction at the time of filing suit for appropriation representing the value of such property appropriated together with damages, if any, to the residue. Section 4. That this Council hereby declares it's intention to take t~ssession of the appropriated property, including structures situated thereon, upon the deposit of the aforementioned Twenty Three Thousand Five Hundred Dollars ($23,500.00) with the Probate Court of Cuyahoga County°