4725 - 51 Declare Wagar Cemetery a nuisance

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ORDI_,'tiNCE NO. 4725 }~ ~ro O~uinn AN ORDINANCE determining and declaring the private cemeze~y, known generally as Wagar Cemetery, as hereinafter described and located on the southerly side of Detroit Avenue between Belle and St. Charles Avenues, in the City of Lakewood, and the conditions therein or caused thereby to be a public nuisance, providing for the abatement thereof and penalties for the violation of this ordinance. ¥~HEREAS, this Council by Ordinance No. 4421 defined and prohibited certain nui- sances including noxious weeds and deposit exuding unpleasant and obnoxious odors~ and ¥.V~ERF~S, the conditions in and about Wagar Cemetery are such as not or-ly to come within and be prohibited by said ordinance but this Council finds further that the cemetery being located on ground higher than surrounding property including side- walks and streets, results in drainage therefrom upon other private and public pro- + · peroy, that it is generally uncamed for including non-payment of taxes; and thmt it is located close to Lakewood Hospital, now, therefore, BE IT OP~AXNED BY TP~ COUNCIL OF THE CITY OF LAEE~VOOD, STATE OF OHIO: Section 1. That the private cemetery generally known as Wager Cemetery located on the southerly side of Detroit Avenue between Belle Avenue and St. Charles Avenue in the City of Lake~ood and more particulary described as follows: Situated in the City of Lakewood, Oounty of Cuyahoga and State of Ohio, and known as being part of original Rockport Township Section No. 22 and bounded and described as follows: Beginning on the Westerly line of Sublet No.1 in the Belle ~.vem~e Allo~ment as shown by the recorded plat in Vol~mme 41 of Maps, Page 23 of Cuyahoga County Records at the Southeasterly corner of land non- veyed to the City of Lakewood by deeds recorded in Volume 4383, pages 694 and 695 of C~yahoga County Records; thence Southerly along said Westerly line of Sublet No. l, which is also the Westerly line of land conveyed to Alden H. Henes by deed recorded in Volume 5243, Page 99 of C~vahoga County Records, 7~.96 feet to the Northwesterly corner of land conveyed to Rebecca Kidney by deed recorded in Volue 147, Page 503 of Cuyahoga County Records; thence Southerly along the Westerly line of land so conveyed to Rebecca Kidney, 161o70 feet to a North- westerly corner of Sublet No. 7 in said Belle Avenue Allotment thence Southerly along a Westerly line of said Sublet No. 7 which is also a Westerly line of land conveyed to Alice N. Ad,ms by deed recorded in Volttme 4012, Page 61% of Cuyahoga County Records, 26.4~ feet to the Southwesterly corner of said Sublet No~ ?; thence continuing Southerly along the Westerly line of Sublet No. 8 in said Belle Avenue Allot- men~ which is also the Westerly line of land conveyed to Alice ~. Adams by deed recorded in Volume 4012, Page 615 of Cuyahoga County Records, about 44.60 feet to the ~ortheasterly corner of land con- veyed to Pearl Eo Ward by deed recorded in Volume 5630, Page 484 of Cuyahoga Co~uuty Records; thence Westerly along the Northerly line of land so conveyed to Pearl E. Ward, 145 feet to the Easterly line of St. Charles Avenue, 50 feet wide; thence Northerly along said Easterly line of St. Charles Avenue, 104.64 feet to the Southwesterly corner of land conveyed to Sophia S. Schlather by deed recorded in Voluble 4085, Page 389 of Cuyahoga County Records; thence ~asterly along the Southerly line of land so conveyed to Sophia So Schlather, 60 feet, to the Southeasterly corner thereof; thence Northerly along the Easterly line of land so conveyed to Sophia So Schlather as aforesaid, 189.96 feet to the Southwesterly corner of land conveyed to the City of Lakewood by deed recorded in Volume 4383, pages 694 and 695 of C~yahoga County Records as aforesaid; thence E~sterly along the Southerly line of land so conveyed to the City of Lakewood, 85.60 feet to the place of beginning, be the same more or less, but. subject to all legal highways