18-78 Purchase property on SE corner of Merl & Bunts

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ORDINANCE NO. 18-78 BY:Messrs. Salmon, Usher, Brockman, Brown, Chinnock, Magnotto, McBride AN EMERGENCY ORDINANCE authorizing the Mayor on behalf of the City of Lakewood to purchase the certain real estate located at the southeast corner of Merl Avenue and Bunts Road, Lakewood, Ohio, hereinafter more particularly described. WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public health and welfare and for the usual daily operation of a municipal department.and for the further reason that the owners have agreed to sell said property 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; 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 Hird, Gibson, Mikolay, Inc. (H.G.M.) the following described property: Situated in the City of Lakewood, County of Cuyahoga and State of Ohio: and known as being part of Original Rockport Township Section Nos. 21 and 22 and bounded and described as follows: Beginning on the Southerly line of Merl Avenue at its intersection with the Northwesterly corner of Sublot No. 99 in The Theodore Kuntz Subdivision of part of Original Rockport Township Section No. 21, as shown by the recorded plat in Volume 39 of Maps, Page 4 of Cuyahoga County Records thence Southwesterly along the Southerly curved line of Merl Avenue 59.51 feet to a point; thence Westerly along the Southerly line of Merl Avenue, 362.22 feet to a point of curve; thence Southwesterly along the arc of a circle deflecting to the left having a radius of 20 feet and a chord which bears South 40° 25' 57" West, 30.215 feet toapoint of compound curve in the Easterly line of Bunts Road; thence Southeasterly 80.04 feet along the Easterly curved line of Bunts Road being the arc of a circle deflecting to the left having a radius of 338.66 feet and a chord which bears South 15° 23' 51" East, 79.855 feet to the Northwesterly right of way line of the Norfolk and Western Railway Co.: thence North 89° 29' 30" East along the Northerly line of the Norfolk and Western Railway Co., 420 feet to the Southwesterly corner of Sublot No. 100 in said Theodore Kuntz subdivision; thence Northerly along the Westerly line of Sublots Nos. 100 and 99 in said Theodore Kuntz Subdivision 101.51 feet to the place of beginning as appears by said plat, be the same more or less, but subject to all legal highways. and to pay therefore the sum of Fifty-five Thousand Dollars ($55, 000.00). Section 2. That the title 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 proration; that the Director of Finance be and he is hereby authorized to pay the.amount set forth in Section 1 hereof from the 1978 Federal Revenue Sharing Funds 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 City's share of expenses incidental to the completion of the purchase including the cost of recording the deed, one half of the escrow fee and any prorata share chargeable to the City as purchaser. Section 3. 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 eff~FTt and be in force immediately upon its adoption and approval by the Mayor.r_ ~-~~ ~ ~ Aaop~e~ ~~~/./7 /~ ~~ ~ ' ,~ , .~ ~' ~, ~ ~ ' ~ Presi~ ~ ~ Ap rOved ~~~~//~ ' ~d~