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ORDINANCE NO. 47-73 <br /> <br />BY: Messrs. Graber, Magnotto, McBride, Usher, <br /> Wendling, Werner, Brockman <br /> <br /> AN EMERGENCY ORDINANCE authorizing the Mayor on behalf of the City of <br />Lakewood to purchase the certain real estate located at 1354 Belle Avenue, <br />Lakewood, Ohio, hereinafter more particularly described, and to dismiss appropri- <br />ation suit filed in connection therewith. <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 owner has <br />agreed to sell said property for the consideration herein stipulated and this <br />Council determines it to be in the best interest of the City that the property be <br />purchased immediately so that the construction of the multi-level municipal parking <br />garage 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 1; That the Mayor be and he is hereby authorized and directed to <br />purchase from Florence C. Kyrian, a widow no~ remarried, the following described <br />property: <br /> <br /> Situated in the City of Lakewood, County of Cuyahoga and State of Ohio <br /> .and known as being Sublot No. 374 in The Lakewood Realty Company's <br /> Subdivision of part of Original Rockport Township Section No. 22, <br /> as shown by the recorded plat in Volume 25 of Maps, Page 26 of <br /> Cuyahoga County Records and being 40 feet front on the Westerly side <br /> of Belle Avenue, and extending back of equal width 130 feet, as <br /> appears by said plat, be the same more or less, but subject to all <br /> legal highways. <br /> <br />and to pay therefor the sum of Nineteen Thbusand Five Hundred Dollars ($i9,500.00). <br /> <br /> Section 2. That the title to said property shall be subject to the approval <br />of the Director of Law; that taxes and assessments and rental income shall be <br />prorated as of the date of the filing of the Deed for record using the last <br />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 <br />good and sufficient Warranty Deed to the City of Lakewood, together with guarantee <br />of title disclosing the said real estate to be free and clear of all encumbrances <br />excepting taxes and assessments not yet due and payable, zoning ordinances and <br />restrictions of record, if any; and that the Director of Finance be and he is <br />hereby authorized to pay the cost incidental to the completion of the purchase of <br />said real estate including cost of title examination and title guarantee, transfer <br />taxes,, cost of recording Deed and the escrow agent's fee from said fund. <br /> <br /> Section 3. That the Director of Law be and he is hereby authorized and <br />directed to cause the dismissal of the suit now pending in the Probate Court of <br />Cuyahoga County entitled "City of Lakewood, Ohio, Plaintiff, vs. Florence C. Kyrian,' <br />et al, Defendants" and being Case 802384 in said Court. <br /> <br /> section ~. That this ordinance is hereby declared to be an emergency <br />measure for the reasons stated in the preamble ~rereof and provided it receives the <br />affirmative vote of two-thirds of all members elected to Council, it shall take <br />effect and be in force immediately upon its adoption and approval by the Mayor° <br />Adopted: ~ /~../~?~ ~'f~~ <br /> <br /> ' ..,"~ 'Clerk ~/ ~ / *~/ <br />ApproveS: ~~ /~, ,/~ ,/~'--~ / Mayor <br /> <br /> <br />