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V, ORDINANCE NO. 2024-14 INTRODUCED BY: Mayor Bodnar AN EMERGENCY ORDINANCE TO APPROPRIATE A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY KNOWN AS PERMANENT PARCEL NUMBER 831-34- 056, IN MAYFIELD VILLAGE, COUNTY OF CUYAHOGA, STATE OF OHIO, AS IS MORE FULLY DESCRIBED HEREIN, FOR THE PUBLIC PURPOSE OF THE CONSTRUCTION OF THE WORTON PARK PHASE 2 CULVERT REPLACEMENT PROJECT WHEREAS, in the promotion of the public interest of the residents of the Village, it is necessary for the Village to appropriate, for a public purpose, i.e., to construct the storm sewer infrastructure improvements, known as the Worton Park Phase 2 Culvert Replacement Project, a fee simple interest in the property known as permanent parcel number 831-34-056 in the Village of Mayfield, County of Cuyahoga, and State of Ohio ("Property"); and WHEREAS, on April 15, 2024, this Council passed Emergency Resolution No. 2024-22 to be given to the owner and those persons having an interest of record in the Property; and WHEREAS, on or about April 25, 2024, the Village, pursuant to Ohio Revised Code Sections 163.04 and 163.041, provided the owner and those persons having an interest of record in the Property with a Notice of Intention to Acquire and Good Faith Offer to Purchase for the price identified in the appraisal prepared by Emily L. Braman of C.P. Braman & Co., Inc.; and WHEREAS, although a good faith attempt has been made to negotiate to purchase the Property, the owner and those persons having an interest of record in the Property have failed to respond to the offer, resulting in an inability to agree; and WHEREAS, because the Village has been unsuccessful in its attempt to purchase the Property by agreement, it desires to proceed to appropriate the Property to facilitate the construction of the public storm sewer infrastructure improvements for the Worton Park Phase 2 Culvert Replacement Project. NOW, THEREFORE, BE IT ORDAINED by the Council of Mayfield Village, Cuyahoga County, State of Ohio, that: SECTION 1. A fee simple interest in the property at 1006 Woodlane Drive, known as permanent parcel number 831-34-056 in the Village of Mayfield, County of Cuyahoga, and State of Ohio ("Property"), as is further described in the Plans and Specification for the Worton Park Phase 2 Culvert Replacement Project ('Project"), on file with the Village, which are incorporated herein by reference as if fully rewritten herein, is hereby appropriated for the aforesaid public purpose pursuant to and in accordance with the Codified Ordinances and Charter of the Village and the Constitution and Laws of the State of Ohio. SECTION 2. Council finds that this appropriation is necessary for the public purpose of constructing the Worton Park Phase 2 Culvert Replacement Project and that the Village has been unable to agree with the owner and those persons having an interest of record in the Property.