PLAINTIFF,

VS.

LLOYD H. ROCKWELL AND PREMIUM REALTY, INCORPORATED

DEFENDANTS.

LLOYD H. ROCKWELL, Respondent herein, whose last known address is 2256 West Guadalupe Road, Mesa, Arizona, 85202, and PREMIUM REALTY, INC., (address unknown), their heirs, successors, creditor, and assigns, and all persons who own or claim to own any interest in the real estate hereinafter described, will take notice that on August 8, 2012, the Petitioner, the City of Youngstown, Ohio, filed a Petition for Appropriation in Court of Common Pleas of Mahoning County, Case Number 12CV 2481, to appropriate private property, pursuant to which its council by resolution shall adopt, declaring its intention to appropriate the interest in the property hereinafter described for a temporary one (1)-year easement and other public purposes, of which resolution notice is given by publication, according to law. The appropriated property value has been determined to be $300.00. The Law Director has been directed to apply to a court of competent jurisdiction to impanel a jury to make inquiry into and assess the compensation to be paid for property, which is described as follows:

PARCEL 3-T

Being a parcel of land situated in the City of Youngstown, County of Mahoning and the State of Ohio and being part of City Lot No. 14965 and City Lot No. 14966 in Elm Heights Plat as recorded in Plat Book 10 at Page 97 of the Plat Records of Mahoning County, as conveyed to Lloyd H. Rockwell by O.R. 4374 at Page 179 in the Official Records of Mahoning County, and being more fully described as follows:

Commencing at a mag nail set at the intersection of the centerline of Tod Lane (50 feet wide) with the centerline of Elm Street (70 feet wide);

Thence S 00¼48’28”E along the centerline of Elm Street, for a distance of 238.80 feet to a point;

Thence S 89¼11’32”W and being perpendicular to the centerline of Elm street, for a distance of 35.00 feet to a point, said point being the intersection of the existing westerly right of way line of Elm Street with the southerly line of said City Lot No. 14966, said point also being the northeasterly corner of Out-Lot No. 832 in the Wellendorf Land and Improvement Plat as recorded in Plat Book 12 at Page 2 of the Plat Records of Mahoning County, and being located 35.00 feet left of centerline station 10+16.97, said point being the true place of beginning for the tract of land described herein;

Thence S 88¼42’16” W along the northerly line of said Out-Lot No. 832 and the southerly line of said City Lot No. 14966, for a distance of 31.86 feet to a point;

Thence N 73¼20’51” W along the northerly line of said Out-Lot No. 832 and the southerly line of said City Lot No. 14966, for a distance of 34.74 feet to a point on the proposed temporary easement line;

Thence N 00¼48’28” W along the proposed temporary easement line, for a distance of 59.88 feet to a point;

Thence N 13¼18’04” E, and continuing along the proposed temporary easement line, for a distance of 147.69 feet to a point on the northerly line of said City Lot No. 14966 and the southerly right of way line of Tod Lane;

Thence N 88¼42’16” E along the northerly line of said City Lot No. 14966 and the southerly right of way line of Tod Lane, for a distance of 29.00 feet to a point, said point being the northeasterly corner of said City Lot No. 14966, and the intersection of the southerly right of way line of Tod Lane with the westerly right of way line of Elm Street;

Thence S 00¼48’28” E along the westerly right of way line of Elm Street, and the easterly line of said City Lot No. 14965 and City Lot No. 14966, for a distance of 213.50 feet to the true place of beginning.

The above described parcel contains 0.255 acres of land, including the present road which occupies 0.000 acres of land, leaving a net area of 0.255 acres of land, and being 0.200 acres within Auditors Parcel Number 530150256000, and 0.055 acres within Auditors Parcel Number 530150256000.

All bearings are based on the Ohio State Plane Coordinate System, North zone, NAD83/2007.

The above description was prepared under the direction and supervision of Richard John Swan, Registered Professional Surveyor No. 6574 in January 2012, and is based on surveys made by MS Consultants, Inc. in November 2011.

PARCEL 5-T

Being a parcel of land situated in the City of Youngstown, County of Mahoning and the State of Ohio and being part of City Lot No. 15005 as conveyed to Premium Realty, Inc. by Deed Book 1139 at Page 1217 of the Deed Records of Mahoning County, and being more fully described as follows:

Commencing at a mag nail set at the intersection of the centerline of Tod Lane (50 feet wide) with the centerline of Elm Street (70 feet wide);

Thence S 00¼48’28” E along the centerline of Elm Street, for a distance of 124.70 feet to a point;

Thence N 89¼11’32” E, and being perpendicular to the centerline of Elm Street, for a distance of 35.00 feet to a point, said point being the intersection of the existing easterly right of way line of Elm Street with the northerly line of said Premium Realty property, and being located 35 feet right of centerline station 11+31.07, said point being the true place of beginning for the tract of land described herein;

Thence N 88¼42’16” E along the northerly line of said Premium Realty property, for a distance of 53.90 feet to a point on the proposed temporary easement line;

Thence S 14¼48’52” E along the proposed temporary easement line, for a distance of 45.89 feet to a point;

Thence S 00¼48’28” E and continuing along the proposed temporary easement line, and being parallel with the centerline of Elm Street, for a distance of 67.66 feet to a point on the southerly line of said City Lot No. 15005, and the northerly line of City Out-Lot No. 830;

Thence S 80¼32’14” W along the northerly line of said Out-Lot 830 and the southerly line of said City Lot No. 15005, for a distance of 2.37 feet to an angle point;

Thence S 88¼42’16” W along the northerly line of said Out-Lot No. 830 and the southerly line of said City Lot No. 15005, for a distance of 62.66 feet to a point on the easterly right of way line of Elm Street, said point being the southwesterly corner of said City Lot No. 15005 and the northwesterly corner of said City Out-Lot No. 830;

Thence N 00¼48’28” W along the easterly line of Elm Street, and the westerly line of said City Lot No. 15005, for a distance of 112.62 feet to the true place of beginning.

The above described parcel contains 0.162 acres of land, including the present road which occupies 0.000 acres of land, leaving a net area of 0.162 acres of land, and is located within Auditors Parcel Number 530110608000.

All bearings are based on the Ohio State Place Coordinate System, North Zone, NAD83/CORS96.

The above described was prepared under the direction and supervision of Richard John Swan, Registered Professional Surveyor No. 6574 in January 2012, and is based on surveys made by MS Consultants, inc. in November 2011.

The Petitioner asks that the Court cause a jury to be impaneled to assess the compensation to be paid to the Respondents determined to be the owners of the property, as their respective interests may appear, as provided in Chapter 163.10 et seq. of the Ohio Revised Code, The Charter of the City of Youngstown and the Constitution and the laws of the State of Ohio. Respondent has twenty-eight (28) days from service of the Petition for answering the Petition for Appropriation, said answer day being the 30th day of October, 2012. Thereafter, the court will set the matter for hearing Respondents will take notice that failure to answer the Petition can result in the Court declaring the value of the property to be as set forth in said Petition.

BY:  ANTHONY DONOFRIO,

DEPUTY LAW DIRECTOR

CITY OF YOUNGSTOWN

Aug 28; Sep 4,11,18,25; Oct 2, 2012   12-01168