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existing under the Ohio Constitution and the laws of the State of Ohio, <br />and has been granted the right of eminent domain by Section 3, Article 18 <br />of the Ohio Constitution. <br />2. The real property sought to be appropriated in this action is all the right, <br />title and interest in fee simple in the property described as follows: <br />Permanent Parcel Number 831-09-005. See Legal Deseription.attached <br />as Exhibit "A" and incorporated herein as if fully rewritten. <br />3. COSTANZO & SON, CO. has an ownership interest in the aforesaid real <br />property. <br />4: Defendants, Frank Russo and James Rokakis, the Cuyahoga County <br />Auditor and Treasurer, respectively, have undetermined interests in the <br />aforesaid real property. <br />5. On or about May 9, 2005, the Village of Mayfield passed Resolution <br />Number 2005-10 declaring the necessity and intention to appropriate the <br />aforesaid real property, as more fully appears in the copy of the . <br />Resolution attached hereto as Exhibit "B", and incorporated herein as if <br />fully rewritten. <br />6. Plaintiff, the Village of Mayfield, through its Mayor, caused written Notice <br />of the passage of the Resolution Number 2005-10 to be served on the <br />Defendant, COSTANZO & SON, CO., by personal delivery as more fully <br />appears from.the signed receipt of Mr. Sam Constanzo attached hereto as <br />Exhibit "C" and incorporated herein as if fully rewritten. <br />2 <br />