Daily Legal News - Probate Court Notices : 2021 ADV 260097 Northeast Ohio Regional Sewer District
2021 ADV 260097—Northeast Ohio Regional Sewer District vs. The Estate of Owen A. Wynn, et al.
Estate of Owen A. Wynn, whose last known address and present address are unknown Estate of Bertha M. Wynn, whose last known address and present address are unknown; Estate of Mary Smith, whose last known address and present address are unknown; Estate of Clarence Kilburn, whose last known address and present address are unknown; and Unknown Spouse of Aileen Kilburn, whose last known place of residence and present place of residence are unknown, will take notice that on May 6, 2021, the undersigned, Northeast Ohio Regional Sewer District, filed its complaint in the Probate Court, 1 Lakeside Avenue, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that the Project requiring this action, known as the Shoreline Storage Tunnel Project, results from a federally imposed consent decree that prohibits future sewer inflows, combined sewer overflows or sewer back-ups and constitutes, therefore, a public exigency in accordance with Ohio Revised Code Section 6119.11(B)(1)(c); that the Board of Trustees of the Northeast Ohio Regional Sewer District passed Resolution No. 79-21, on March 4, 2021, due notice of which was given according to law, to appropriate for public sanitary sewer purposes the permanent sewer easement described in said Resolution; that Defendants are the owners of record or have an interest in the real property known as Cuyahoga County Permanent Parcel No. 108-08-023; that is it necessary to the Plaintiff's duty to collect and treat wastewater that it appropriate the permanent sewer easement described above.
Plaintiff has satisfied the requirements of Section 163.04 of the Ohio Revised Code in that it has attempted to purchase the above-described rights from the property owner, has provided a written good faith offer and notice of intent to acquire to the one owner still living, but owner has been unresponsive. The additional owners are deceased.
Pursuant to the provisions of Section 163.06 of the Ohio Revised Code, the District deposited with this Court at the time of the filing of this Complaint the fair market value for the rights sought to be appropriated by the District, and hereby formally declares its intention to obtain possession of the permanent sewer easement and enter upon the property appropriated.
The District retained an independent, State-certified general appraiser who appraised the value of the permanent sewer easement to be taken as follows: a permanent sewer easement totaling Eight Hundred Dollars ($800.00).
Wherefore, Plaintiff, Northeast Ohio Regional Sewer District, prays:
1. For the appropriation of a permanent sewer easement located on part of PPN 108-08-023 as set forth above;
2. That upon the failure of the owners to file a timely answer pursuant to Section 163.09 of the Revised Code of Ohio, this Court declares the value of the permanent sewer easement to be in the sum of Eight Hundred Dollars ($800.00);
3. That this Court may cause a jury to be impaneled to make inquiry into and assess compensation to be paid by the Plaintiff for the permanent sewer easement as above described;
4. That upon deposit of the fair market value, title to said permanent sewer easement be awarded to the Plaintiff, Northeast Ohio Regional Sewer District, according to law, and an order entered to such effect upon the record;
5. That this Court find that the Plaintiff, Northeast Ohio Regional Sewer District, has complied with all the requirements of Ohio Revised Code Sections 6119.11(B)(1)(c) and 163.01 et seq., and is entitled to appropriate the subject permanent sewer easement and to exercise its right of quick take;
6. That this Court cause new parties to be added and direct such future notice to be given to a party in interest as the Court deems proper; and
7. That this Court order the Clerk of Courts to certify to the Cuyahoga County Fiscal Officer all or such portion of the final judgment that may be necessary to show the rights herein appropriated.
The defendants named above are required to answer on or before the 24th day of June, 2021.
Northeast Ohio Regional Sewer District.
By Eric Luckage, Chief Legal Officer and Julie A. Blair, Assistant General Counsel, Attorneys for Plaintiff, Northeast Ohio Regional Sewer District.