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ORDINANCE NOo 21-73 BY: Messrs. Brockman, Graber, <br /> Magnotto, McBride, Usher, <br /> Wendling, Werner <br /> AN EMERGENCY ORDINANCE authorizing the Mayor on behalf of the City of <br />Lakewood to purchase the certain real estate located at 1350 Belle Avenue, Lakewood, <br />Ohio hereinafter more particularly described. <br /> <br /> WHEREAS, this ordinance constitutes an emergency measure providing for <br />the immediate preservation of the public health and welfare and for the usual daily <br />operation of a municipal department and for the further reason that the owners have <br />agreed to sell said property for the consideration herein stipulated and this Council <br />determines it to be in the best interest of the City that the property be purchased <br />immediately so that the construction of the multi-level municipal parking garage <br />can be commenced without any further delay, now, therefore, <br /> <br />BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: <br /> <br /> Section 1o That the Mayor be and he is hereby authorized and directed to <br />purchase from Henry Hershey and Alice Hershey, husband and wife, the following <br />described property: <br /> <br />Situated in the City of Lakewood, County of Cuyahoga and State of <br />Ohio and known as being Sublot No. 373 in The Lakewood Realty <br />Company's Subdivision No. 1 of part of Original Rockport Township <br />Section No. 22 as shown by the recorded plat in Volume 25 of Maps, <br />Page 26 of Cuyahoga County Records and being 40 feet front on the <br />Westerly side of Belle Avenue and extending back between parallel <br />lines 130 feet as appears by said plat, be the same more or less, <br />but'subject to all legal highways° <br /> <br />and to pay therefor the sum of Twenty-Four Thousand Dollars ($24,000.00). <br /> <br /> Section 2. That the title to said property shall be subject to the <br />approval of the Director of Law; that taxes and assessments and rental income, if <br />any, shall be prorated as of the date of the filing of the Deed for record using the <br />last available tax rate and valuation for computing tax prorations; that the Director <br />of Finance be and he is hereby authorized to pay the amount set forth in Section 1 <br />hereof from the Downtown Parking Garage Fund upon delivery by the Grantor of a good <br />and sufficient Warranty Deed to the City of Lakewood, together with guarantee of <br />title disclosing the said real estate to be free and clear of all encumbrances except- <br />ing taxes and assessments not yet due and payable, zoning ordinances and restrictions <br />of record, if any; and that the Director of Finance be and he is hereby authorized <br />to pay the cost incidental to the completion of the purchase of said real estate <br />including cost of title examination and title guarantee, transfer taxes, cost of <br />recording Deed and the escrow agent's fee from said fund° <br /> <br /> Section 3. That this ordinance is hereby declared to be an emergency <br />measure for the reasons stated in the preamble hereof and provided it receives the <br />affirmative vote of two-thirds of all members elected to Council, it shall take effect <br />and be in force i.~mLLediately upon its adoption and approval by the Mayor. <br /> <br />Adopted: <br /> <br />Approved: <br /> <br /> <br />