02-67 Sell property on SE corner of Niagara & Delaware

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ORD INA~CE NOo 2.-~7 BY: Messrs. Huffman, Kelley~ Usher Ward, Wendlir~g, Cai~, ~aydo~, AN EltERGENCY ORDINANCE providing for the sale of certain real property located at the southeast corner of Niagara and Delaware ill the City of Lakewood, Ohio. WI~REAS, %he said real property (hereinafter described in the body of the agreement) owned by the City of Lakawood, is no longer needed for any municipal 'p~zp0se, and, gB~REAS, the State of Ohio is desirous of acpuiring 8aid real property for construction of the Northwest Freeway~ smd, WHEREAS~ it is in the bes~ interest of the City of Lakewood that said real property be sold~ and~ WHEREAS, the Board of Control of the City of Lakewcod has directed that said real property he sold, end, W~HEREA$, this Ordinance eonstigntes a~ emergency measure p~oviding for ~he ~m~iate p~eserv~tion of the public health, safety and we.~fare and for th~ usual daily opera,ion of amunicipal department; now, therefore, BE!T OPDAINED BY TEE COUNCIL OF T}FZ CITY OF LAKEWOOD, STATE OF OHIO: Section 1. It is hereby determined that the real property descri'.bed agreement set forth herein is no longer needed for municipal purposes. Section 2. This Council hereby authorizes the sale of said land to the St~e of Ohio, and the Mayor is authorized end directed to execute, on behalf of the City of ~akewood~ a contract for the sale of said property~ in substan- ~i~ily the following fo~m: County ...... Div, SoU. ,~-- ..... Sec. Parcel Ne. ~ OHIO DEPARTMENT OF HIGHWAYS DIVISION OF RIGHT-OF-WAY ~tTi$ ~GREEMENT, enl'ered into on the below date by and between the ~ ~ ~k~lo.od, hereinafter called the OWNE~. and the State of Ohio~ herein- a~ ~rl'Ied the PURC}~ASER. WfTNE$SETH: In consideration of the actual promises, agreements and herein contained: !. PurChaser promises and agrees to pay to said Owner the total sum of ON~ THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($1~750.00) ~htch total s~m to be paid the ~,mer pursuant to this contract shall constitute the entire compense.- ti~n for the real property to be conveyed; for dsmases to any residual ].ands of the owner; for o~0ner's covenants herein; an~ for any supplemental instruments. it is understood and agreed that the ~ner is responsible for all delinquent ta~es and assessments, including penalties and interest~ and all other real estate taxes and assessments which are a lien on the closing date (the current year~s taxes to be prorated on an estimated basis to ~he d~te of closing or d~te specified herein for surrender of possession~ whie~ve~ date is the later); an~. all future installments of special assessments levied and assessed a~ainst s~id real property that have been certlfi~d to the County Auditor. The Purchaser may w~thhold in escrow a sufficient amoun~ of the purchase money to satisfy the ~0ove ite3ass and any balance remaining after such ta~es~ assessments, etc. are discharged, shall be refunded to the Owner.