2016-053 Resolution - Laserfiche WebLink

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acquire said 5.439 Acres of vacant land, and further authorizing the notification and other statutory prerequisites for commencement of legal action; and WHEREAS, the City and the School District, by and through legal counsel, failed to successfully negotiate, mediate or otherwise settle upon a purchase price upon which to base a voluntary property acquisition, notwithstanding the City's initial willingness to split the difference between the City's offer of $100,000.00 and the School District's demand of $200,000.00; and WHEREAS, on April 1, 2016, based upon an Appraisal Report for the project, the Mayor offered, in good faith, to purchase the land from the School District for $100,000.00 as required by R.C. 163.04(A); and WHEREAS, on April 1 and April 6, 2016, based upon an Appraisal Report for the project area, and based on the Mayor's good faith offer to purchase the land from the School District for $100,000.00, the City issued formal Notice of Intent to Acquire Property to the School District as required by R.C. 163.041; and WHEREAS, the Mayor and the Director of Law have, over the course of these several months, and again since formal notification was issued, reasonably attempted to negotiate, in good faith, for acquisition of the said land through voluntary agreement but to no avail; and WHEREAS, the School District has failed to accept the Mayor's good faith offer to acquire the parcel and the statutorily required notification period has expired or is about to expire; and WHEREAS, it is a public necessity to acquire part of these parcels for the construction and improvement of storm drainage systems to abate risk of flooding so that the general public and residents will continue to be able to use their private residences and public roadways. NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO. SECTION 1: That this Council deems it necessary, declares its intention to appropriate, and authorizes the commencement of legal proceedings for the appropriation of fee simple interests in a portion of parcels of real property located in the City of North Olmsted as follows: Part of Permanent Parcel Nos. 232-23-012 and 232-23-022, consisting of 5.439 acres of vacant land, and with legal descriptions and maps of said parcels of the real property to be appropriated attached to this Resolution as Exhibits A and B, incorporated herein by reference. SECTION 2: That the Director of Law be and is hereby authorized and directed, not sooner than thirty (30) days following the completion of all statutory notification and prerequisites, to commence a Complaint for Appropriation in the Cuyahoga County Common Pleas Court, Probate Division, against the North Olmsted Board of Education to appropriate fee 2