46-73 Purchase 1371-73 Belle Ave

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ORDINANCE NO. 46-73 BY: Messrs. Brockman, Graber, Magnotto, McBride, Usher, Wendling, Werner AN EMERGENCY ORDINANCE authorizing the Mayor on behalf~of the City of Lakewood to purchase the certain real estate located at 1371-73 St. Charles Avenue, Lakewood, Ohio, hereinafter more particularly described, and to dismiss appropriation suit filed in connection therewith. W~EREAS, this ordinance constitutes an emergency measure provfding for the immed- iate preservation of the public health and welfare and for the usual daily operation of a municipal department and for the further reason that the owner has agreed to sell said propertk for the consideration herein stipulated and this Council determines it to be in the best interest of the City that the property be purchased immediately so that the construction of the multi-level municipal parking garage can be commenced without any further delay, now; therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the MaYor be and he is hereby authorized and' directed to purchase from Joseph Zuppero, Sr. a widower not remarried, the following described property: Situated in the City of Lakewood, County of Cuyahoga and State of Ohio, and known as being Sublot No. 250 in the '~ Lakewood Realty Company's Lakewood Park Subdivision Of part of Original Rockport Township Section No. 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 ex- · , tending back of equal width 130 feet, as appears by ..... said~plat, be the same more or less, but subject to all legal highways~ and to pay therefor the sum of T~gnty-Eight Thousand Two Hundred Dollars ($28,200.00). Section 2. That the titl. e to said property shall be subject to the approval of the Director of Law; that taxes and assessments and rental income shall~be prorated as of the date of the filing of the Deed for record using the last available tax rate and valuation for computing tax prorations; that the Director of Finance be and he is hereby authorized to pay the amount set forth in Section l~hereof from the Down- town Parking Garage Fund upon delivery by the Grantor of~a~good and sufficient Warranty Deed to.the City of Lakewood, together with guarantee of title disclosing the said real estate to be free and clear of all encumbrances excepting taxes and assessments not yet due and payable, zoning ordinances and restrictions of record, if any; and that the Director of Finance be and he is hereby authorized to pay the cost incidental to the completion of the purchase of said real estate including cost of title examination and title guarantee, transfer taxes, cost of recording Deed and the escrow agent's fee from said fund. Section 3. That. the Director of Law be and he is hereby authorized and directed to cause the dismissal of the suit now pending in the Probate Court of Cuyahoga County entitled "City of Lakewood~ Ohio, Plaintiff, vs Joseph Zuppero, etal Defendants" and being Case 800455 in said Court. ' Section 4. That this ordinance is hereby declared to be an emergency measure for the reasons stated in the preamble hereof and provided it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor.