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13. Since Plaintiff, the Village of Mayfield, has been unable to agree with <br />Defendant, COSTANZO & SON, CO., on May 16, 2005, Village Council <br />adopted Ordinance Number 2005-19, attached hereto as Exhibit "D" and <br />incorporated herein, authorizing the Director of Law to petition this <br />Honorable Court for a fee simple interest in the aforesaid property. <br />14. Plaintiff, the Village of Mayfield, has met the requirements of ORC Section <br />163.04. . <br />WHEREFORE, Plaintiff prays that the Court make a finding that Plaintiff has duly <br />complied with all the requirements of Ohio Revised Code 163.04, 163.05 and 163.07 <br />and Order a fee simple transfer to the benefit of the Village of Mayfield of the property <br />described in Exhibit "A" herein. And thereafter, cause a jury to be impaneled to assess <br />the compensation to be paid to the owners of the interest appropriated, as provided in <br />ORC Section 163.05, the Charter of the Village of Mayfield, and the Constitution of the <br />laws of State of Ohio, and upon payment to the owners, that a fee simple interest in <br />said real property herein above described be vested in Plaintiff, the Village of Mayfield, <br />according to law. <br />Ily supmid, <br />JO,~EPIG-Drf~M~R~'; JR(, (0011573) <br />RECTOR OF ~AW, <br />VILLAGE OF MA FIE <br />DIANE A. CALTA ( 070453) <br />ASSISTANT DIRECTOR OF LAW, <br />VILLAGE OF MAYFIELD <br />JOSEPH W. DIEMERT & <br />ASSOCIATES CO., L.P.A. <br />4 <br />