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LEGAL NOTICE

DONALD A. DUDA, JR.

Assistant Prosecuting Attorney

OFFICE OF PROSECUTING ATTORNEY

MAHONING COUNTY, OHIO

761 Industrial Road

Youngstown, Ohio 44509

Telephone: 330-793-5514, X415

IN THE COURT OF

COMMON PLEAS,

MAHONING COUNTY, OHIO

120 Market Street

Youngstown, Ohio 44503-1751

Case No. 05CV 4383

BOARD OF MAHONING COUNTY COMMISSIONERS PUBLIC AGENCY PETITIONER

PLAINTIFF,

VS.

MATT DEBELYAK, ET AL

DEFENDANTS-OWNERS.

Matt Debelyak, Unknown Tenant or Land Contract Vendee, and Unknown Heirs, Devisees, Grantees, or Assigns of Matt Debelyak, whose exact address cannot be ascertained with reasonable diligence, shall take notice that on, the 30th day of November, 2005, the Public Agency Petitioner, Board of Mahoning County Commissioners, filed its Verified Petition for Appropriation in Case Number 05CV 4383 in the Court of Common Pleas Mahoning County, Ohio, the purpose of such appropriation is to immediately obtain a permanent easement for the necessity of constructing and maintaining of the a sewer supply line in a project known as "Milton Township Sewer Improvement" Project No. 455, for the general Health, safety and welfare of the residents of Mahoning County on the owners property known as

FIRST PARCEL:

Situated in the Township of Milton, County of Mahoning, Great, and State of Ohio and being known as Lot 19, in Wee Acres Plat No. 5, Milton Township, Mahoning County, Ohio 44429, Permanent Parcel Id No. 51-042-0-053-000;

SECOND PARCEL:

Situated in the Township of Milton, County of Mahoning, Great, and State of Ohio and being known as Lot 20, in Wee Acres Plat No. 5, Milton Township, Mahoning County, Ohio 44429, Permanent Parcel Id No. 51-042-0-054-000;

The prayer of the Verified Petition for Appropriation is for an order directing that the public agency be granted a temporary and permanent easement for the necessity of constructing and maintaining of the a sewer supply line in a project known as the "Milton Township Sewer Improvement" Project No. 455 in, over and upon a portion of the premises described as Permanent Parcel No. Permanent Parcel Id. No. 51-042-0-053-000 and 51-042-0-054-000; the same subject easement hereby duly vested in the Board of Commissioners of Mahoning County, free and clear of the claims of the owners of said land owner and any persons having an interest therein; that the Court find that the Petitioner has complied with all of the requirements of Chapter 163 of the Ohio Revised Code; that the Court find that the value of the property appropriated is the total sum of Two Thousand Five Hundred Fifty Dollars and Zero Cents ($2,550.00) which sum was deposited with the Court at the time of the filing of the petitioner's petition; that the Petitioner be granted immediate possession of the requested easement; that the Owner, in consideration of the foregoing compensation paid to him by the Petitioner, hereby release any and all claims for further compensation, costs and attorney's fees, including interest, resulting from the subject easement in the Township of Milton, Ohio, and from the appropriation of said property in this case; that all respective rights, titles, and interests in the real property for a perpetual, permanent easement upon the owners property is hereby conveyed from the Owner to the Petitioner; that the Order granting said easement insure to the benefit of Owner, his successor and assigns; that the date of acquisition and possession of the easement herein described shall be November 30, 2005; that Judgment is rendered for the Petitioner in the amount and manner specified in the Petitioner's Verified Petition for Appropriation; and for such other relief as the Court may deem just, equitable, and necessary.

The Public Agency further prays that the above-named Defendants-Owners be required to answer and set up their interest in said premises or be forever barred from asserting the same. Said Defendants-Owners are required to answer the Public Agency's Verified Petition Complaint within Twenty-eight (28) days from the last date of publication of this notice, which notice shall be made once per week for two (2) consecutive weeks, said answer day being the 5th day of July, 2006. If said Defendants-Owners fail to timely respond, the Court may enter a default judgment against them for the relief requested in the Verified Petition for Appropriation.

Office of the Prosecuting Attorney

Mahoning County, Ohio

BY:  DONALD A. DUDA, JR. (#0062791),

  Plaintiff's Attorney.

May 3,10,17, 2006   06-00787