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ORDINANCE NO. 39-79 BY:Wendling, Brockman, Brown, Chinnock, Magnotto, McBride, Salmon AN EMERGENCY ORDINANCE authorizing and directing the Mayor on behalf of the City of Lakewood to purchase certain real estate located at 1440 Arthur Avenue, Lakewood, Ohio, hereinafter more particularly described. WHEREAS, the City of Lakewood applied for Federal assistance for the purchase of real estate in its 1978 Community Development Block Grant Application for the purpose of purchasing a home to establish an elderly congregate living facility, and WHEREAS, the Department of Housing and Urban Development approved said Application for assistance and shall provide the City of Lakewood funds therefor, and 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 so that the elderly congregate living facility can be immediately established; 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 LeRoy Hoskins and Doris S. Hoskins, husband and wife, the following property for the purpose of establishing an elderly congregate living facility: Situated in the City of Lakewood, County of Cuyahoga and State of Ohio, and known as being Sublot No. 8 in The Arthur Avenue Subdivision of part of Original Rockport Township Section No. 22 as shown by the recorded plat in Volume 42 of Maps, Page 7 of Cuyahoga County Records and being 50 feet front on the Westerly side of Arthur Avenue and extending back 146.28 feet on the Northerly line, 146.60 feet on the Southerly line and having a rear line of 50 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 Sixty-Two Thousand Eight Hundred Dollars ($62,800.00). 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 rat9 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 1 hereof from the 1978 Community Development 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 any settle- ment costs which are incidental to the completion of the purchase including all title charges, recording fees, escrow fees, transfer tax, survey and preparation and recording of the deed. Section 3. That said real estate and the use thereof shall be subject to all building and zoning ordinances of the City of Lakewood, and said real estate shall be inspected annually by the Division of Building Inspection of the City of Lakewood, and a certificate of occupancy be obtained annually. Said real estate shall be used as the residence of no more than four (4) persons. If this property shall cease to be used for congregate living for the elderly, same shall be sold and the net proceeds deposited to the Community Development Block Grant Fund of the City.