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2011-04-13.txt
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The City Record
Official Publication of the Council of the City of Cleveland
April the Thirteenth, Two Thousand and Eleven
Frank G. Jackson
The City Record is available online at
www.clevelandcitycouncil.org
Mayor
Martin J. Sweeney
Containing
PAGE
President of Council
Patricia J. Britt
City Clerk, Clerk of Council
Ward Name
1 Terrell H. Pruitt
2 Zachary Reed
3 Joe Cimperman
4 Kenneth L. Johnson
5 Phyllis E. Cleveland
6 Mamie J. Mitchell
7 TJ Dow
8 Jeffrey D. Johnson
9 Kevin Conwell
10 Eugene R. Miller
11 Michael D. Polensek
12 Anthony Brancatelli
13 Kevin J. Kelley
14 Brian J. Cummins
15 Matthew Zone
16 Jay Westbrook
17 Dona Brady
18 Martin J. Sweeney
19 Martin J. Keane
Printed on Recycled Paper
City Council
The Calendar
Board of Control
Civil Service
Board of Zoning Appeals
Board of Building Standards
and Building Appeals
Public Notice
Public Hearings
City of Cleveland Bids
Adopted Resolutions
and Ordinances
Committee Meetings
Index
3
17
17
20
27
27
27
27
28
29
32
33
DIRECTORY OF CITY OFFICIALS
CITY COUNCIL – LEGISLATIVE
President of Council – Martin J. Sweeney
Ward
Name Residence
1 Terrell H. Pruitt 3877 East 189th Street 44122
2 Zachary Reed 3734 East 149th Street 44120
3 Joe Cimperman P.O. Box 91688 44101
4 Kenneth L. Johnson 2948 Hampton Road 44120
5 Phyllis E. Cleveland 2369 East 36th Street 44105
6 Mamie J. Mitchell 12701 Shaker Boulevard, #712 44120
7 TJ Dow 7715 Decker Avenue 44103
8 Jeffrey D. Johnson 9024 Parkgate Avenue 44108
9 Kevin Conwell 10647 Ashbury Avenue 44106
10 Eugene R. Miller 13615 Kelso Avenue 44110
11 Michael D. Polensek 17855 Brian Avenue 44119
12 Anthony Brancatelli 6924 Ottawa Road 44105
13 Kevin J. Kelley 5904 Parkridge Avenue 44144
14 Brian J. Cummins 3104 Mapledale Avenue 44109
15 Matthew Zone 1228 West 69th Street 44102
16 Jay Westbrook 1278 West 103rd Street 44102
17 Dona Brady 1272 West Boulevard 44102
18 Martin J. Sweeney 3632 West 133rd Street 44111
19 Martin J. Keane 15907 Colletta Lane 44111
City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840
First Assistant Clerk — Sandra Franklin
MAYOR – Frank G. Jackson
Ken Silliman, Secretary to the Mayor, Chief of Staff
Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer
Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs
Chris Warren, Executive Assistant to the Mayor, Chief of Regional Development
Monyka S. Price, Executive Assistant to the Mayor, Chief of Education
Maureen Harper, Executive Assistant to the Mayor, Chief of Communications
Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary
Andrew Watterson, Executive Assistant to the Mayor, Chief of Sustainability
Natoya J. Walker Minor, Chief of Public Affairs — Interim Director of Equal Opportunity.
OFFICE OF CAPITAL PROJECTS – Jomarie Wasik, Director
DIVISIONS:
Architecture and Site Development – Robert Vilkas, Chief Architect, Manager
Engineering and Construction — _________, Manager
Real Estate — __________, Commissioner
DEPT. OF LAW – Robert J. Triozzi, Director, Barbara A. Langhenry, Chief Counsel,
Richard F. Horvath, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel,
Room 106: Michael Ruffing, Law Librarian, Room 100
DEPT. OF FINANCE – Sharon Dumas, Director, Room 104;
Frank Badalamenti, Manager, Internal Audit
DIVISIONS:
Accounts – Richard W. Sensenbrenner, Commissioner, Room 19
Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122
City Treasury – ________________, Treasurer, Room 115
Financial Reporting and Control – James Gentile, Controller, Room 18
Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair
Avenue
Purchases and Supplies – James E. Hardy, Commissioner, Room 128
Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue
Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue
DEPT. OF PUBLIC UTILITIES – Barry A. Withers, Director, 1201 Lakeside Avenue
DIVISIONS:
Cleveland Public Power – Ivan Henderson, Commissioner
Street Lighting Bureau – ______________, Acting Chief
Utilities Fiscal Control – Dennis Nichols, Commissioner
Water – _________________, Commissioner
Water Pollution Control – Ollie Shaw, Commissioner
DEPT. OF PORT CONTROL – Ricky D. Smith, Director, Cleveland Hopkins
International Airport, 5300 Riverside Drive
DIVISIONS:
Burke Lakefront Airport – Khalid Bahhur, Commissioner
Cleveland Hopkins International Airport – Fred Szabo, Commissioner
DEPT. OF PUBLIC WORKS – Michael Cox, Director
OFFICES:
Administration – John Laird, Manager
Special Events and Marketing – Tangee Johnson, Manager
DIVISIONS:
Motor Vehicle Maintenance – Daniel A. Novak, Commissioner
Park Maintenance and Properties – Richard L. Silva, Commissioner
Parking Facilities – Leigh Stevens, Commissioner
Property Management – Tom Nagle, Commissioner
Recreation – Kim Johnson, Commissioner
Streets – _______, Commissioner
Traffic Engineering – Robert Mavec, Commissioner
Waste Collection and Disposal – Ron Owens, Commissioner
DEPT. OF PUBLIC HEALTH – Karen Butler, Interim Director, Mural Building, 75
Erieview Plaza
DIVISIONS:
Air Quality – Richard L. Nemeth, Commissioner
Environment – Willie Bess, Commissioner, Mural Building, 75 Erieview Plaza
Health – Karen K. Butler, Commissioner, Mural Building, 75 Erieview Plaza
DEPT. OF PUBLIC SAFETY – Martin Flask, Director, Room 230
DIVISIONS:
Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th Street
Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd.
Emergency Medical Service – Edward Eckart, Commissioner, 1708 South Pointe Drive
Fire – Paul A. Stubbs, Chief, 1645 Superior Avenue
Police – Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street
DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director
DIVISIONS:
Administrative Services – Terrence Ross, Commissioner
Fair Housing and Consumer Affairs Office – ________, Manager
Neighborhood Development – _______, Commissioner
Neighborhood Services – Louise V. Jackson, Commissioner
DEPT. OF BUILDING AND HOUSING – Edward W. Rybka, Director, Room 500
DIVISIONS:
Code Enforcement – Tyrone L. Johnson, Commissioner
Construction Permitting – Timothy R. Wolosz, Commissioner
DEPT. OF PERSONNEL AND HUMAN RESOURCES – _________, Director, Room 121
DEPT. OF ECONOMIC DEVELOPMENT – Tracey A. Nichols, Director, Room 210
DEPT. OF AGING – Jane Fumich, Director, Room 122
COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director, Mayor Frank
G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, Council
Member Brian Cummins, Council Member Eugene R. Miller, Jeff Marks, (Board Lawyer),
Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline
Hardaway, John O. Horton, Annie Key, Stephanie Morrison-Hrbek, Roland Muhammad,
Gia Hoa Ryan, Ted C. Wammes, Peter Whitt.
CIVIL SERVICE COMMISSION – Room 119, Robert Bennett, President; Michael L.
Nelson, Sr., Vice-President; Lucille Ambroz, Secretary; Members: Pastor Gregory Jordan,
Michael Flickinger.
SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Martin
J. Sweeney; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director.
BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; John
Myers, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, Jan Huber, Secretary.
BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F.
Denk, Chairman; ____________, Arthur Saunders, Alternate Members – D. Cox, P.
Frank, E. P. O’Brien, Richard Pace, J.S. Sullivan.
BOARD OF REVISION OF ASSESSMENTS – Law Director Robert J. Triozzi, President;
Finance Director Sharon Dumas, Secretary; Council President Martin J. Sweeney.
BOARD OF SIDEWALK APPEALS – Service Director Jomarie Wasik, Law Director
Robert J. Triozzi; Council Member Eugene R. Miller.
BOARD OF REVIEW – (Municipal Income Tax) – Law Director Robert J. Triozzi; Utilities
Director Barry A. Withers; Council President Martin J. Sweeney.
CITY PLANNING COMMISSION – Room 501 – Robert N. Brown, Director; Anthony J.
Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean
Pinkney, Norman Krumholz, Council Member Phyllis E. Cleveland.
FAIR HOUSING BOARD – Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L.
Render, Genesis O. Brown.
HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie
Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan,
David Perkowski, Joan Shaver Washington, Keith Sutton.
CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chairman;
Clint Martin, Mark Rivera.
MORAL CLAIMS COMMISSION – Law Director Robert J. Triozzi; Chairman; Finance
Director Sharon Dumas; Council President Martin J. Sweeney; Councilman Kevin
Kelley.
POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, Vermel
Whalen, Nancy Cronin, Elvin Vauss.
CLEVELAND LANDMARKS COMMISSION – Room 519 – Jennifer Coleman, Chair;
Laura M. Bala, Council Member Anthony Brancatelli, Robert N. Brown, Thomas Coffey,
Allan Dreyer, William Mason, Michael Rastatter, Jr., John Torres, N. Kurt Wiebusch, Robert
Keiser, Secretary.
AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane
Downing, Donna Sciarappa, Council President Martin J. Sweeney; Law Director Robert
J. Triozzi.
CLEVELAND MUNICIPAL COURT
JUSTICE CENTER – 1200 ONTARIO STREET
JUDGE COURTROOM ASSIGNMENTS
Judge Courtroom
Presiding and Administrative Judge Ronald B. Adrine – Courtroom 15A
Judge Marilyn B. Cassidy – Courtroom 12B
Judge Michelle Denise Earley – Courtroom 12C
Judge Emanuella Groves – Courtroom 14B
Judge Anita Laster Mays – Courtroom 14C
Judge Lynn McLaughlin-Murray – Courtroom 12A
Judge Lauren C. Moore – Courtroom 14A
Judge Charles L. Patton, Jr. – Courtroom 13D
Judge Raymond L. Pianka (Housing Court Judge) – Courtroom 13B
Judge Michael John Ryan – Courtroom 13A
Judge Angela R. Stokes – Courtroom 15C
Judge Pauline H. Tarver – Courtroom 13C
Judge Joseph J. Zone – Courtroom 14D
Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Paul J.
Mizerak – Bailiff; Jerome M. Krakowski – Chief Probation Officer, Gregory F. Clifford – Chief
Magistrate, Victor Perez – City Prosecutor
The City Record
OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND
WEDNESDAY, APRIL 13, 2011
Vol. 98
No. 5079
CITY COUNCIL
MONDAY, APRIL 11, 2011
The City Record
Published weekly by the City Clerk,
Clerk of Council under authority
of the Charter of the
City of Cleveland
The City Record is available
online at
www.clevelandcitycouncil.org
Address all communications to
PATRICIA J. BRITT
City Clerk, Clerk of Council
216 City Hall
PERMANENT SCHEDULE
STANDING COMMITTEES
OF THE COUNCIL
2010-2013
MONDAY — Alternating
9:30 A.M. — Public Parks, Properties, and Recreation Committee: K.
Johnson, Chair; Conwell, Vice Chair;
Brancatelli, Cimperman, Dow, Polensek, Reed.
9:30 A.M. — Health and Human
Services
Committee:
Cimperman,
Chair; J. Johnson, Vice Chair; Conwell, Keane, Kelley, Reed, Zone.
11:00 A.M. — Public Service Committee: Miller, Chair; Cummins, Vice
Chair; Cleveland, Dow, K. Johnson,
Keane, Polensek, Pruitt, Sweeney.
11:00 A.M. — Legislation Committee: Mitchell, Chair; K. Johnson,
Vice Chair; Brancatelli, Cimperman,
Cleveland, Reed, Sweeney.
MONDAY
2:00 P.M. — Finance Committee:
Sweeney, Chair; Kelley, Vice Chair;
Brady, Brancatelli, Cleveland, Keane,
Miller, Mitchell, Polensek, Pruitt,
Westbrook.
TUESDAY
9:30 A.M. — Community and Economic Development Committee: Brancatelli, Chair; Dow, Vice Chair; Cimperman, Cummins, J. Johnson, Miller,
Pruitt, Westbrook, Zone.
1:30 P.M. — Employment, Affirmative Action and Training Committee: Pruitt, Chair; Miller, Vice
Chair; Cummins, J. Johnson, K.
Johnson, Mitchell, Westbrook.
WEDNESDAY — Alternating
10:00 A.M. — Aviation and Transportation Committee: Keane, Chair;
Pruitt, Vice Chair; Cummins, J. Johnson, K. Johnson, Kelley, Mitchell.
10:00 A.M. — Public Safety Committee: Conwell, Chair; Polensek,
Vice Chair; Brady, Cleveland, Cummins, Dow, Miller, Mitchell, Zone.
1:30 P.M. — City Planning Committee: Cleveland, Chair; Westbrook,
Vice Chair; Brady, Conwell, Dow,
Keane, Zone.
The following Committees are
subject to the Call of the Chair:
Rules Committee: Sweeney, Chair;
Cleveland, Keane, Polensek, Pruitt.
Personnel and Operations Committee: Westbrook, Chair; Conwell, K.
Johnson, Kelley, Mitchell, Sweeney,
Zone.
Thank you,
Terrell Pruitt
Received.
File No. 483-11-A.
Mayor’s Appointment Committee:
Dow, Chair; Cleveland, Kelley, Miller, Sweeney.
OFFICIAL PROCEEDINGS
CITY COUNCIL
______________
Cleveland, Ohio
Monday, April 11, 2011
The meeting of the Council was
called to order, The President, Martin J. Sweeney in the Chair.
Council Members present: Brady,
Brancatelli, Cimperman, Cleveland,
Conwell, Cummins, Dow, J. Johnson,
K. Johnson, Keane, Kelley, Miller,
Mitchell, Polensek, Reed, Sweeney,
Westbrook and Zone.
Also present were Mayor Frank G.
Jackson; Ken Silliman, Chief of
Staff; Darnell Brown, Chief Operating Officer; Chris Warren, Chief of
Regional
Development;
Maureen
Harper, Chief of Communications;
Andrea V. Taylor, Press Secretary;
Natoya J. Walker-Minor, Chief of
Public Affairs — Interim Director of
Office of Equal Opportunity; and
Directors Wasik, Triozzi, Withers,
Smith, Cox, Butler, Flask, Cox,
Rush, Rybka, Southerington, Griffin,
Fumich, Lucille Ambroz, Secretary,
Civil Service; and Teresa Stevenson
of Legislative Affairs.
Pursuant to Ordinance No. 2926-76,
the opening prayer was offered by
Pastor Grady Stevenson of Damascus Road Ministries, COGIC, located
at 9915 Harvard Avenue in Ward 4.
Pledge of Allegiance.
On the motion of Council Member
Keane, the reading of the minutes
of the last meeting was dispensed
with and the journal approved. Seconded by Council Member Cleveland.
RECORD VOTE OF
ABSENT MEMBER
File N0. 483-11.
April 5, 2011
TO:
Patricia J. Britt, Clerk of Council
FROM: Terrell Pruitt, Member of
Council, Ward 1
RE:
City Council Meeting on 4/4/11
535
RECORD OF VOTE
In accordance with the request of
Council Member Pruitt and Rule 22
of the Rules of Council, the vote on
the following ordinances and resolutions legislation passed and adopted by Cleveland City Council on
April 4, 2011, is changed as follows:
FIRST READING EMERGENCY
ORDINANCE READ IN FULL
AND PASSED
Ord. No. 445-11
Yeas 18. Nays 0.
FIRST READING EMERGENCY
RESOLUTIONS READ IN FULL
AND ADOPTED
Res. No. 446-11
Yeas 18. Nays 0.
Res. No. 476-11
Yeas 18. Nays 0.
SECOND READING EMERGENCY
ORDINANCES PASSED
Ord. No. 108-11
Yeas 18. Nays 0.
Ord. No. 109-11
Yeas 18. Nays 0.
Ord. No. 183-11
Yeas 18. Nays 0.
Ord. No. 184-11
Yeas 18. Nays 0.
MOTION
WEDNESDAY — Alternating
1:30 P.M. — Public Utilities Committee: Kelley, Chair; Brady, Vice
Chair; Conwell, Cummins, Dow, Mil ler, Polensek, Pruitt, Westbrook.
In accordance with Rule 22 of the
Rules of Council, I hereby request
that my vote be recorded as a yea
on all legislation passed and adopted by Cleveland City Council, and
on any other question acted upon at
the April 4, 2011 meeting of Council.
Ord. No. 214-11
Yeas 18. Nays 0.
Ord. No. 331-11
Yeas 18. Nays 0.
COMMUNICATIONS
File No. 484-11.
From Office of John R. Kasich,
Governor of the State of Ohio — Re:
acknowledgement receipt of Cleveland City Council Resolution No. 14511; opposing the closing of the East
55th Street state driver license testing station. Received.
The City Record
4
File No. 485-11.
From: Ohio State Senator Jim
Hughes — Re: acknowledgement
receipt of correspondence to the
actions of Cleveland City Council.
Received.
File No. 486-11.
From: Ohio State Senator Nina
Turner — Re: acknowledgement
receipt of Council Resolution No.
209-11; relating to amend Section
2743.60 of the Ohio Revised Code
(Ohio Victims Compensation Fund).
Received.
File No. 487-11.
From the Ohio Department of
Transportation — Project No. 154
(11), Nottingham Road, Pt. 1; Madison Avenue, Pt. 2. Received.
STATEMENT OF FINAL
ACCEPTANCE
File No. 488-11.
From Director of Department of
Public Utilities — Contract No.
PI2010000000017 with D.R.S. Enterprises, Inc. for the Worburn Avenue
Storm
Sewer
Detention
Project.
(Ward 13). Received.
File No. 489-11.
From Director of Department of
Public Utilities — Contract No.
PI68331 A, with Enviro Com Construction, Inc. for the WPC Building
Renovation Phase IV. (Ward 10).
Received.
File No. 490-11.
From Director of Department of
Public Utilities — Contract No.
PI63697A, with Fabrizi Trucking &
Paving, Inc. for the West 28th
Street / Chatham Area Sewer Project. (Ward 14). Received.
552, Inc., 552 East 152nd
(Ward 10). Received.
April 13, 2011
Street,
File No. 496-11.
Re: #6814347 — D2, D2X, D3, D3A
Transfer of Ownership Application
— Perfectly Pink, Inc., d.b.a. Hush
11633 Lorain Avenue and Patio.
(Ward 17). Received.
CONDOLENCE RESOLUTIONS
The rules were suspended and the
following Resolutions were adopted
by a rising vote:
Res. No. 515-11—Coy Lewis Williams.
Res. No. 516-11—Betty Jean Stewart McCaulley Johnson.
Res. No. 517-11—Freddie Joseph
Marshall.
Res. No. 518-11—Wade Yarbrough.
Res. No. 519-11 — James L. “Bo”
Gray, Jr.
Res. No. 520-11—Shirley Zelfrost.
CONGRATULATION RESOLUTIONS
The rules were suspended and the
following Resolutions were adopted
without objection:
Res. No. 521-11—Waterloo Slovenian Workmen’s Home 85th Anniversary.
Res. No. 522-11—Jesse Wilcox, II.
RESOLUTIONS OF RECOGNITION
The rules were suspended and the
following Resolutions were adopted
without objection:
Res. No. 523-11—James A. Garfield
Camp #142 of the Sons of the Union,
Veterans of the Civil War.
Res. No. 524-11 — International
Partners in Mission (IPM).
RESOLUTION OF APPRECIATION
File No. 491-11.
From Director of Department of
Public Utilities — Contract No.
PI67830 A, with Fabrizi Trucking &
Paving, Inc. for the Herschel Court
Sewer Replacement Project. (Ward
13). Received.
File No. 492-11.
From Director of Department of
Public Utilities — Contract No.
PI67830A, with Fabrizi Trucking &
Paving, Inc. for the East 117th
Street Sewer Replacement Project.
(Ward 9). Received.
File No. 493-11.
From Director of Department of
Public Utilities — Contract No.
PI68435 A, with Fabrizi Trucking &
Paving, Inc. for the Big Creek
Watershed Stormwater Management
Improvement Project. (Wards 17, 18
and 19). Received.
File No. 494-11.
From Director of Department of
Public Utilities — Contract No.
PI69007 A, with Fabrizi Trucking &
Paving, Inc, for the Lorain Avenue
Sewer 1 Relief Project. (Ward 19)
Received.
FROM OHIO DIVISION OF
LIQUOR CONTROL
File No. 495-11.
Re: #2598327 — C1, C2 Transfer of
Ownership Application — EZ Oil
The rules were suspended and the
following Resolution was adopted
without objection:
Res. No. 525-11 — Pastor Rufus
Webb.
FIRST READING EMERGENCY
ORDINANCES REFERRED
Ord. No. 497-11.
By Council Members Miller, Cleveland and Sweeney (by departmental
request).
An emergency ordinance to appropriate temporary easements and
property located on the west side of
East 93rd Street between Heath and
St. Catherine Avenues for the public
purpose of widening a public road
in connection with extending Bessemer Avenue; and to repeal Ordinance No. 878-10, passed August 18,
2010, relating to the Bessemer Avenue extension.
Whereas, the Council of the City
of Cleveland, by Resolution No. 51210, adopted June 7, 2010, declared
the necessity and intention of appropriating the fee simple property
interests and temporary easements
described in this ordinance for the
public purpose of widening a public
road in connection with extending
Bessemer Road; and
Whereas, notice of the adoption of
this resolution has been served on
the persons in possession or having
an interest in the property; and
536
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That for the public purpose of widening a public road in
connection with extending Bessemer
Avenue, located on the west side of
East 93rd Street between Heath and
St. Catherine Avenues, the following
described temporary easements are
appropriated:
TEMPORARY EASEMENT PARCEL
TO BE CONVEYED TO THE
CITY OF CLEVELAND
PARCEL 16 – T1
Situated in the City of Cleveland,
County of Cuyahoga, State of Ohio
and being part of Original 100 Acre
Lot No. 440 and being more particularly described as follows:
Commencing at an iron pin monument in the centerline of Right of
Way of East 89th Street at its intersection with the prolongation of the
southerly Right of Way of St.
Catherine Avenue, being 20.00 feet
right of centerline of Right of Way
of St. Catherine Avenue at Station
92+45.96;
Thence North 00 degrees 09 minutes 35 seconds East a distance of
20.00 feet along the centerline of
Right of Way of East 89th Street to
a point in the centerline of Right of
Way of St. Catherine Avenue, being
in the centerline of Right of Way of
St. Catherine Avenue at Station
92+46.28;
Thence continuing North 00 degrees 09 minutes 35 seconds East a
distance of 20.00 feet along the prolongation of the centerline of Right
of Way of East 89th Street to a
point in the northerly Right of Way
of St. Catherine Avenue, being 20.00
feet left of centerline of Right of
Way of St. Catherine Avenue at Station 92+46.59;
Thence South 89 degrees 15 minutes 13 seconds West a distance of
232.41 feet along the northerly Right
of Way of St. Catherine Avenue to
a point in the easterly Right of Way
of East 88th Street, said point being
20.00 feet left of centerline of Right
of Way of St. Catherine Avenue at
Station 90+14.19 and being 15.00
feet right of the centerline of Right
of Way of East 88th Street at Station 30+63.87;
Thence North 4 degrees 15 minutes 39 seconds West a distance of
116.44 feet along the easterly Right
of Way of East 88th Street to a
point in Grantor’s southerly line,
said point being Grantor’s southwesterly corner, said point also
being the northwesterly corner of
land conveyed to the City of Cleveland Land Utilization Program as
recorded in Volume 15192, Page 16
of Cuyahoga County Records, being
15.00 feet right of centerline of
Right of Way of East 88th Street at
Station 31+80.31;
Thence North 89 degrees 14 minutes 41 seconds East a distance of
10.02 feet along the northerly line of
land so conveyed and Grantor’s
southerly line to a point in a proposed Right of Way being 25.00 feet
right of centerline of Right of Way
of East 88th Street at Station
31+79.70 and the TRUE POINT OF
BEGINNING.
April 13, 2011
Thence North 04 degrees 15 minutes 39 seconds West a distance of
120.24 feet along said proposed
Right of Way to a point in the
southerly line of land conveyed to
Tennyson Properties Co. as recorded
in Volume 14802, Page 657 of Cuyahoga County Records, being 25.00
feet right of centerline of Right of
Way of East 88th Street at Station
32+99.94;
Thence North 89 degrees 14 minutes 41 seconds East a distance of
16.03 feet along the southerly line of
said Tennyson Properties Co. land
so conveyed to a point 41.00 feet
right of centerline of Right of Way
of East 88th Street at Station
32+98.96;
Thence South 07 degrees 34 minutes 51 seconds East a distance of
120.87 feet to a point in Grantor’s
southerly line and the northerly line
of said City of Cleveland Land Utilization Program land so conveyed,
being 48.00 feet right of centerline
of Right of Way of East 88th Street
at Station 31+78.29;
Thence South 89 degrees 14 minutes 41 seconds West a distance of
23.04 feet along Grantor’s southerly
line and the northerly line of said
City of Cleveland Land Utilization
Program land so conveyed to the
TRUE POINT OF BEGINNING.
The above described area contains
2345 square feet (0.054 acres), more
or less, which is part of the Cuyahoga County Auditor’s Permanent
Parcel Number 127-13-028.
Grantor claims title by instrument(s) of record in Volume 97042,
Page
047,
Cuyahoga
County
Recorder’s Office.
Bearings based on the Cleveland
Regional Geodetic Survey (GRGS)
Coordinate System using O.M. 0033,
O.M. 0038, O.M. 0195, O.M. 0223, O.M.
0372, and O.M. 0510.
The stations referred to herein are
from the centerline of Right of Way
as found on the plans known as
“Bessemer Avenue Extension Phase
IIA” on file with Cuyahoga County.
This description was prepared and
reviewed on October 6, 2009 under
the supervision of Charles H. Murphy, Registered Professional Surveyor No. 6950.
This description is based on a
field survey conducted by DLZ Ohio,
Inc., under the direction of Charles
H. Murphy, P.S., Ohio Registered
Surveyor No. 6950 in November of
2007.
TEMPORARY EASEMENT PARCEL
TO BE CONVEYED TO THE
CITY OF CLEVELAND
PARCEL 16 – T2
Situated in the City of Cleveland,
County of Cuyahoga, State of Ohio
and being part of Original 100 Acre
Lot No. 440 and being more particularly described as follows:
Commencing at an iron pin monument in the centerline of Right of
Way of East 89th Street at its intersection with the prolongation of the
southerly Right of Way of St.
Catherine Avenue, being 20.00 feet
right of centerline of Right of Way
of St. Catherine Avenue at Station
92+45.96;
Thence North 00 degrees 09 minutes 35 seconds East a distance of
20.00 feet along the centerline of
Right of Way of East 89th Street to
a point in the centerline of Right of
Way of St. Catherine Avenue, being
in the centerline of Right of Way of
The City Record
St. Catherine Avenue at Station
92+46.28;
Thence
continuing
North
00
degrees 09 minutes 35 seconds East
a distance of 20.00 feet along the
prolongation of the centerline of
Right of Way of East 89th Street to
a point in the northerly Right of
Way of St. Catherine Avenue, being
20.00 feet left of centerline of Right
of Way of St. Catherine Avenue at
Station 92+46.59;
Thence South 89 degrees 15 minutes 13 seconds West a distance of
232.41 feet along the northerly Right
of Way of St. Catherine Avenue to
a point in the easterly Right of Way
of East 88th Street, said point being
20.00 feet left of centerline of Right
of Way of St. Catherine Avenue at
Station 90+14.19 and being 15.00
feet right of the centerline of Right
of Way of East 88th Street at Station 30+63.87;
Thence North 4 degrees 15 minutes 39 seconds West a distance of
423.50 feet along the easterly Right
of Way of East 88th Street to a
point in Grantor’s westerly line, said
point also being the northwesterly
corner of land conveyed to the Tennyson Properties Co. as recorded in
Volume 14802, Page 657 of Cuyahoga
County Records, being 15.00 feet
right of centerline of Right of Way
of East 88th Street at Station
34+87.38;
Thence South 29 degrees 50 minutes 19 seconds East along the
northerly line of land so conveyed
and Grantor’s westerly line a distance of 5.25 feet to a point of curvature 17.27 feet right of centerline
of Right of Way of East 88th Street
at Station 34+82.64;
Thence
continuing
along
the
northerly line of land so conveyed
and Grantor’s westerly line southeasterly 16.13 feet along the arc of
a curve deflecting to the left, having a radius of 543.24 feet, a central
angle of 01 degrees 42 minutes 04
seconds, a chord bearing of South 32
degrees 54 minutes 42 seconds East
and a chord length of 16.13 feet to
a point of non tangency in a proposed Right of Way being 25.00 feet
right of centerline of Right of Way
of East 88th Street at Station
34+68.49 and the TRUE POINT OF
BEGINNING.
Thence North 04 degrees 15 minutes 39 seconds West a distance of
44.31 feet along said proposed Right
of Way to a point in Grantor’s
northerly line and the southerly line
of land conveyed to the City of
Cleveland, Ohio “Land Reutilization
Program” as recorded in Volume
5986, Page 024 of Cuyahoga County
Records, being 25.00 feet right of
centerline of Right of Way of East
88th Street at Station 35+12.80;
Thence South 29 degrees 51 minutes 19 seconds East a distance of
23.86 feet along Grantor’s northerly
line and the southerly line of said
City of Cleveland, Ohio “Land Reutilization Program” land so conveyed
to a point 35.31 feet right of centerline of Right of Way of East 88th
Street at Station 34+91.28;
Thence South 05 degrees 57 minutes 22 seconds East a distance of
42.28 feet to a point of non tangential curvature in Grantor’s westerly
line and the northerly line of said
Tennyson Properties Co. land so
conveyed, being 36.56 feet right of
centerline of Right of Way of East
88th Street at Station 34+49.02;
537
5
Thence along Grantor’s westerly
line and the northerly line of said
Tennyson Properties Co. land so
conveyed, northwesterly; 22.65 feet
along the arc of a curve deflecting
to the right, having a radius of
543.24 feet, a central angle of 02
degrees 23 minutes 18 seconds, a
chord bearing of North 34 degrees 57
minutes 23 seconds West and a
chord length of 22.64 feet to the
TRUE POINT OF BEGINNING.
The above described area contains
461 square feet (0.011 acres), more
or less, which is part of the Cuyahoga County Auditor’s Permanent
Parcel Number 127-13-030.
Grantor claims title by instrument(s) of record in Volume 97042,
Page 047, Cuyahoga County Recorder’s Office.
Bearings based on the Cleveland
Regional Geodetic Survey (GRGS)
Coordinate System using O.M. 0033,
O.M. 0038, O.M. 0195, O.M. 0223, O.M.
0372, and O.M. 0510.
The stations referred to herein are
from the centerline of Right of Way
as found on the plans known as
“Bessemer Avenue Extension Phase
IIA” on file with Cuyahoga County.
This description was prepared and
reviewed on October 6, 2009 under
the supervision of Charles H. Murphy, Registered Professional Surveyor No. 6950.
This description is based on a
field survey conducted by DLZ Ohio,
Inc., under the direction of Charles
H. Murphy, P.S., Ohio Registered
Surveyor No. 6950 in November of
2007.
Section 2. That for the public purpose of widening a public road in
connection with extending Bessemer
Avenue located on the west side of
East 93rd Street between Heath and
St. Catherine Avenues, the following
described fee simple interests are
appropriated:
TO BE CONVEYED TO THE
CITY OF CLEVELAND
PARCEL 16 – WD1
Situated in the City of Cleveland,
County of Cuyahoga, State of Ohio
and being part of Original 100 Acre
Lot No. 440 and being more particularly described as follows:
Commencing at an iron pin monument in the centerline of Right of
Way of East 89th Street at its intersection with the prolongation of the
southerly Right of Way of St.
Catherine Avenue, being 20.00 feet
right of centerline of Right of Way
of St. Catherine Avenue at Station
92+45.96;
Thence North 00 degrees 09 minutes 35 seconds East a distance of
20.00 feet along the centerline of
Right of Way of East 89th Street to
a point in the centerline of Right of
Way of St. Catherine Avenue, being
in the centerline of Right of Way of
St. Catherine Avenue at Station
92+46.28;
Thence continuing North 00 degrees 09 minutes 35 seconds East a
distance of 20.00 feet along the prolongation of the centerline of Right
of Way of East 89th Street to a
point in the northerly Right of Way
of St. Catherine Avenue, being 20.00
feet left of centerline of Right of
Way of St. Catherine Avenue at Station 92+46.59;
Thence South 89 degrees 15 minutes 13 seconds West a distance of
232.41 feet along the northerly Right
of Way of St. Catherine Avenue to
6
a point in the easterly Right of Way
of East 88th Street, said point being
20.00 feet left of centerline of Right
of Way of St. Catherine Avenue at
Station 90+14.19 and being 15.00
feet right of the centerline of Right
of Way of East 88th Street at Station 30+63.87;
Thence North 04 degrees 15 minutes 39 seconds West a distance of
116.44 feet along the easterly Right
of Way of East 88th Street to a
point in Grantor’s southerly line,
said point being Grantor’s southwesterly corner, said point also
being the northwesterly corner of
land conveyed to the City of Cleveland Land Utilization Program as
recorded in Volume 15192, Page 16
of Cuyahoga County Records, being
15.00 feet right of centerline of
Right of Way of East 88th Street at
Station 31+80.31 and the TRUE
POINT OF BEGINNING.
Thence
continuing
North
04
degrees 15 minutes 39 seconds West
a distance of 120.24 feet along the
easterly Right of Way of East 88th
Street to the southwesterly corner of
land conveyed to Tennyson Properties Co. as recorded in Volume 14802,
Page
657
of
Cuyahoga
County
Records, being 15.00 feet right of
centerline of Right of Way of East
88th Street at Station 33+00.56;
Thence North 89 degrees 14 minutes 41 seconds East a distance of
10.02 feet along the southerly line of
said Tennyson Properties Co. land
so conveyed to a point in a proposed
Right of Way being 25.00 feet right
of centerline of Right of Way of
East 88th Street at Station 32+99.94;
Thence South 04 degrees 15 minutes 39 seconds East a distance of
120.24 feet along said proposed
Right of Way to a point in Grantor’s
southerly line and the northerly line
of said City of Cleveland Land Utilization Program land so conveyed,
being 25.00 feet right of centerline
of Right of Way of East 88th Street
at Station 31+79.70;
Thence South 89 degrees 14 minutes 41 seconds West a distance of
10.02 feet along Grantor’s southerly
line and the northerly line of said
City of Cleveland Land Utilization
Program’ land so conveyed to a
point in the easterly Right of Way
of East 88th Street and the TRUE
POINT OF BEGINNING.
The above described area contains
1203 square feet (0.028 acres), more
or less, of which the present road
occupies 0 square feet (0.000 acres),
more or less, which is part of the
Cuyahoga County Auditor’s Permanent Parcel Number 127-13-028 resulting in a net take of 1203 square feet
(0.028 acres), more or less.
Grantor claims title by instrument(s) of record in Volume 97042,
Page 047, Cuyahoga County Recorder’s Office.
Bearings based on the Cleveland
Regional Geodetic Survey (GRGS)
Coordinate System using O.M. 0033,
O.M. 0038, O.M. 0195, O.M. 0223, O.M.
0372, and O.M. 0510.
The stations referred to herein are
from the centerline of Right of Way
as found on the plans known as
“Bessemer Avenue Extension Phase
IIA” on file with Cuyahoga County.
This description was prepared and
reviewed on October 6, 2009 under
the supervision of Charles H. Murphy, Registered Professional Surveyor No. 6950.
The City Record
This description is based on a
field survey conducted by DLZ Ohio,
Inc., under the direction of Charles
H. Murphy, P.S., Ohio Registered
Surveyor No. 6950 in November of
2007.
TO BE CONVEYED TO THE
CITY OF CLEVELAND
PARCEL 16 – WD2