05-73 Appropriate property at 1375-77 St. Charles

Home Browse Search

ORDINANCE NO. 5-73 BY: Messrs..Wendling, Werner, Brockman, Graber, Magnotto, McBride ., AN EMERGENCY ORDINANCE to appropriate property at and known as being 1375-77 Sto Charles Avenue, Lakewood, Ohio; declaring the inability of the City to agree with the owner of said real estate as to the amount of compensation for the appropriation; declaring the intention to obtaim~ 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 Francis J. Talty, Judge of the Probate Court of Cuyahoga County in the amount of Twenty Thousand Five Hundred Dollars ($20,500.00) representing the value of such property appropriated including the structures situated thereon; and directing the Director of Law to deposit said check in a court of competent jurisdiction at the time of filing a suit for appropri- ation. WHEREAS, on November 20, 1972 this COuncil duly adopted Resolution Noo 4909 declaring the necessity and intent of the City of Lakewood to appropriate the real property at 1375-77 St. Charles Avenue owned by Hilda Henry Sic and designated Permanent Parcel No. 312-17-107, notice of the adoption of which resolution has been served on the owners, person in possession or having an interest of~record in said land, and WHEREAS, the City is unable to agree with Hilda Henry Sic, the owner thereof, as to the amount of compensation to be ipaid to said owner, and WHEREAS, the aforesaid property to be appropriated is to be used for the purpose of construction of a multi-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 immediately so as to facilitate the construction of the aforementioned road, now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the fee simple interest in and to the following described real estate be and the same is hereby appropriated for the purpose of construction of a multi-level municipal parking garage facility and/or for the purpose Of making a road which shall be open to the public, without ~arge, for the City of Lakewood: Situat'ed in the City of Lakewood, County of Cuyahoga and State of Ohio and known as being Sublot No. 249 in The Lakewood Realty Company's Subdivision of part of Original Rockport Township Section NOo 22 as shown by the recorded plat in Volume 27 of Maps, Page 26 of Cuyahoga County Records and being 40 feet front on the Easterly side of St° Charles Avenue and extending back of equal width 130 feet .deep as appears by said plat, be the same motor less, but subject to all legal highways. Section 2. That the City of Lakewood is unable to agree with Hilda Henry Sic, the owner of the aforesaid property, as to the amount of compensation to be paid to said owner° Section 3° That the Director ~f 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°