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COMMON PLEAS COURT
of MAHONING COUNTY, OHIO

Full text of Legal Notice

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LEGAL NOTICE

FOR PUBLICATION

PURSUANT TO R.C. 163.07

ERIC JONES, whose last address is believed to have been 793 Pebble Creek Trail, Norcross, Georgia, but whose address is otherwise unknown, and NEILA REED, formerly known as Neila Jones, whose last address is believed to have been 7544 Market Street, Building 3 #1, Boardman, Ohio, but whose address is otherwise unknown, will take notice that they have been named as defendants by Gordon Proctor, Director Ohio Department of Transportation, who instituted Case No. 02CV 2195 now pending in the Common Pleas Court of Mahoning County, Ohio, which is an action to appropriate certain property for highway purposes, namely the making, constructing, or improving of State Route 771, Section 1.70 and to fix the value of said property.

The property sought to be appropriated is more specifically described as follows:

PARCEL 210-WDV

MAH/TRU-711-1.70/0.00

ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE

IN FOLLOWING DESCRIBED PROPERTY

WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS

IN THE NAME, AND FOR THE USE OF THE CITY OF YOUNGSTOWN, OHIO

Situated in the State of Ohio, County of Mahoning, City of Youngstown, and known as Youngstown Township Section #17, Township 2 North, Range 2 West, also known as being part of Youngstown City Lot No. 27277, according to the latest enumeration of lots in said City, and also known as being part of the John M. Davis Second Plat, as recorded in Volume 12, Page 59, Mahoning County Records and further being bounded and described as follows:

Commencing at the intersection point of the Centerline Construction and Right-of-Way Dearborn Avenue, Station 66+36.34 and the Centerline Construction and Right-of-Way Goodlow Avenue (50.00 feet wide) Station 10+00.00, thence N 36¼18'56" W along said Centerline Construction and Right-of-Way Dearborn Avenue for a distance of 111.88 feet to a point, Station 67+48.22, thence S 53¼41'04" W for a distance of 25.00 feet to a point on the existing southwesterly Right-of-Way Dearborn Avenue, said point being the easterly corner of Lot No. 27277, said point being the True Place of Beginning of the parcel of land hereinafter described, thence clockwise along the following four (4) courses and distances:

1) thence S 56¼59'25" W along the southeasterly property line of Lot No. 27277 for a distance of 10.02 feet to a point;

2) thence N 36¼18'56" W along the proposed southwesterly Right-of-Way Dearborn Avenue for a distance of 48.70 feet to a point.

3) thence N 55¼34'11" E along the northwesterly property line of said Lot No. 27277 for a distance of 10.01 feet to a point;

4) thence S 36¼18'56" E along the existing southwesterly Right-of-Way Dearborn Avenue and the northeasterly property line of said Lot No. 27277 for a distance of 48.95 feet to the True Place of Beginning and containing 488 square feet (0.011 acres) of land, more or less, as surveyed under the supervision of James E. Karing, Professional Surveyor No. 7539 for G.P.D. Associates, in November of 2000.

Bearing based on Ohio North Zone State Plane Grid, NAD-1983.

Monuments referred to as "iron pin set" are 3/4" x 30" reinforcing rod with 1-1/2" aluminum cap inscribed "ODOT R/W GPD OHIO 7539".

Prior Instrument Reference: Deed O.R. 1619, Page 182 and Deed O.R. 2691, Page 42, Mahoning County Recorder's Office.

The above described 488 square feet (0.011 acres), more or less, of which the present road occupies 0 square feet (0.000 acres), more or less, are to be deleted from Auditor's Parcel 53-083-0-023.

Owner, for himself and his heirs, executors, administrators, successors and assigns, reserves all existing rights of ingress and egress to and from any residual area.

PARCEL 210-T

MAH/TRU-711-1.70/0.00

TEMPORARY EASEMENT FOR THE PURPOSE

OF PERFORMING THE WORK NECESSARY TO GRADE

Situated in the State of Ohio, County of Mahoning, City of Youngstown, and known as Youngstown Township Section #17, Township 2 North, Range 2 West, also known as being part of Youngstown City Lot No. 27277, according to the latest enumeration of lots in said City, and also being part of the John M. Davis Second Plat, as recorded in Volume 12, Page 59, Mahoning County Records and further being bounded and described as follows:

Commencing at the intersection point of the Centerline Construction and Right-of-Way Dearborn Avenue, Station 66+36.34 and the Centerline Construction and Right-of-Way Goodlow Avenue (50.00 feet wide) Station 10+00.00, thence N 36¼18'56" W along said Centerline Construction and Right-of-Way Dearborn Avenue 111.88 feet to a point, Station 67+48.22, thence S 53¼41'04" W for a distance of 25.00 feet to a point on the existing southwesterly Right-of-Way Dearborn Avenue, said point being the easterly corner of Lot No. 27277, thence S 56¼59'25" W for a distance of 10.02 feet along the southeasterly property line of said Lot No. 27277 to a point, siad point being the True Place of Beginning of the parcel of land hereinafter described, thence clockwise along the following four (4) courses and distances:

1) thence S 56¼59'25" W along the southeasterly property line of Lot No. 27277 for a distance of 140.24 feet to a point;

2) thence N 36¼18'56" W along the southwesterly property line of said Lot No. 27277 for a distance of 45.23 feet to a point;

3) thence N 55¼34'11" E along the northwesterly property line of said Lot No. 27277 for a distance of 140.08 feet to a point;

4) thence S 36¼18'56" E along the proposed southwesterly Right-of-Way Dearborn Avenue for a distance of 48.70 feet to the True Place of Beginning and containing 6577.56 square feet (0.151 acres) of land, more or less, as surveyed under the supervision of James E. Karing, Professional Surveyor No. 7539 for G.P.D. Associates, in November of 2000.

Bearing based on Ohio North Zone State Plane Grid. NAD-1983.

Monuments referred to as "iron pin set" are 3/4" x 30" reinforcing rod with 1-1/2" aluminum cap inscribed "ODOT R/W GPD OHIO 7539".

Prior Instrument Reference: Deed O.R. 1619, Page 182 and Deed O.R. 2691, Page 42, Mahoning County Recorder's Office.

The above described area is located in Auditor's Parcel 53-083-0-023.

Pursuant to Civil Rule 12(A)(1), said persons mentioned above shall take further notice that they have 28 days after the completion of the Service by Publication within which to answer or otherwise defend against Plaintiff's petition.

The original of any such answer or other pleading defending against Plaintiff's petition must be filed with the Clerk of Common Pleas Court of Mahoning County, Ohio, at 120 Market Street, Youngstown, Ohio 44503, and, a copy of any such answer or other pleading defending against Plaintiff's petition must be served upon Mark E. Hays, Esq., at 140 East Town Street, 12th Floor, Columbus, Ohio 43215-6001.

A failure to answer or otherwise defend within said 28 days will result in Plaintiff, pursuant to Civil Rule 55, asking the court to grant a judgment by default against any such person who fails to answer or otherwise defend.

Gordon Proctor

Director Ohio Department of Transportation.

Oct 2,9, 2002   02-02784

 

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