09-52 Transfer & conveyance of stone building

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ORDINANCE MOo 9-52 BY Nrc Fairgrleve AN F~ERGENCY ORDINANCE authorizing the Mayor -- ex officio Director of Public Works to enter into an agreement with Stephen Babin and Julia Babin, pro- viding for the gift, transfer and conveyance of the stone ~ailding located at 1396 St o Charles Avenue to the City of Lakewoodo WHEREAS, ~Stephen and Julia Babin are the owners of the stone building hereinafter described and desire to give, transfer and convey said b~ilding to the City of Lakewood, and WP~REAS, this ordinance cons~:ltUtes ~ emergency for the reason that in order to comply with the conditions of such gift, transfer and conveyance, said building must be removed from the premises where now located by not later than November 12, 1952; and in that this ordinance provides for the public welfare and the usual daily operation of a municipal department; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAE~OOD, STATE OF OHIO: Section l0 That the Mayor -- ex officio Director of Public Works be~ and he is hereby, authorized on behalf cf the City of Lakewood to enter into an agreement with Stephen Babin and Julia Babin, which agreement shall provide substantially as follows: THIS AGREEMENT made and ~entered into this day of NoVember, 1952, by and between Stephen Babin and Jttlia Ba ~-~V-~ as parties of the one part, hereinafter called .Babins," and the City of Lakewood, a municipal corporation, as party of the other part, hereinafter called "City," WITNESSETH: WHEREAS~ Babins are the owners of a stone building located at 1396 St. Charles Avenue in the City of Lakewood, which they are will- ing to give, transfer and convey to the City and which the City de- sires to accept; now, therefore, SUBJECT TO ALL OF THE TER~S AND CONDITIONS HEP~OF, IT iS MUTWJALLY AGREED AS FOLIDWS: 1. Babins hereby~give, grant~ transfer and convey to the City, the certain stone building known as and located at 13~ St. Charles Avenue in the City of Lakewood (sometimes referred to as the Honan house), together with full right~ power and privilege of entering, preparing such house for removal and removing said house from~ the premises wherein and whereon it is now situated. 2. Babins represent that they are the owners of said building; that they have full right to give, transfer and convey said building and the title thereto to the City in the manner and form herein pro- vided; that said building is free and clear of all encumbrances w~at- soever; and that they will warrant and defend said building and the appurtenances thereunto belonging to the City against all lawful claims and demands whatsoever. 3o The City accepts said gift~ transfer and conveyance and pro- poses to cause said building to be removed from its present location. by an independent moving contractor in accordance with the specifica- tions therefor now on file at the City Hall~ The City agrees: (1) to hold Babins harmless from any and all ex- pense in the moving of said building from its present location and from the premises; (2) that it will require the independent moving contraCtor to uudertake and agree not to damage any other b~ildings or property belonging to Babins located near the said building which is to be removed and to hold Babins aud the City harmless from any and all such damages; and (3) that it will require the independent moving contractor to ~n~dertake and agree to remove all burnable de- bris from the cellar space or opening which may result from, or be located therein at the t-bone of, moving said buildinE~