The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1868-11-18
n EGAL NOTICE.-APPROPRI.
IL ATION FOR WATER WORKS.

Il
now q religious. under the name OF Mary 7
of the Assumption, Louisa, Joseph. Will is
lam. Margaret, Isabella and John Never; 4
to Frank Meyer, Joseph A., Caroline II
Trout, intermarried with Joseph Trout, q
Cordelia Meyer, Frank Meyer, Jr. and T
Mary iniermarried with - Hane; Hell 4
ena and Thomas Patton, and Thomas, n
Frank, George, Mary, Cordslia, Ed~ 3
ward, Charles, William, John Patton;
TO Elizabeth Cassidy; to- John Settler; =
John Blum, Andrew Piero. Catharine +
Saxton and her husband Jas. A. Saxton, | u
ann George Dewalti Collins McGregOr, 4
Ignatius Piero, John Miller's heirs; sam. =
uel Smith, Levi Smith; Canton Cemetery :
Association; Lawrence Bechel and Adam q
Phillips, That on the 10th day of October. :
A. d. 1868, the City Council of tho city OF q
Canton filed an application in the Office OF J
the clerk of the court Of common pleas, !
Stark county, Ohio of which the following :
is copy:
To the Hon. the Court Of Common Pleas, within I
and for the County Of Stark, and State Of Ohio:
The applicants, the city council OF the I
city of Canton, (withhI said county of
Stark respectfully represent:
That on the fifth day of October, A. D.
! 1868, said city council. by tue concurrence
| of-overL two-thirds of all the mem bers ell
! ected to said council, passed an ordinance
entitled " An Ordinance Relating TO the
Establishment and Construction OF Water
Works for the City of Canton, Ohio,' and
| that said ordnance has been published
| according to law, and IS now in full force
| and el1eCIs .t~ -'.. " - -. f. |
| That said ordinaece declares, that, for
| the purpose OF constructing, establishing
| and putting in operation. said water
| works, and supplying said city with was
ter, it is necessary to use Meyers lake as
the source or supply, and that the water
| be carried thence by line accurately set |
forth and described in said ordinance.
That said ordinance declares that it is
| necessary, for. the purposes aforesaid, to /
enter upon & appropriate the following de-
sclibed lands. easements, and water priv |
ileges. to wit: .a ,5F
| l. The right to draw from said lax a such |
quantities OF water as NAV be needed for |
the present and future supply OF said city. |
2. The right to construct, keep in repair |
and control dam at the outlet of said |
lake in such manner to be able, when |
necessary, for the supply of said city, or
to increase the water pressure, tn raise the
surface of the lake, with sluice in the
same, which shall be under the sole con-
| troll of the proper authorities of said city.
5. The right and privilege of raising the
surface of said lake, when necessary for
the aforementioned purposes, two feet
with the right to hoW adjacent lands to an
extent necessary for that purpose.
4. The right TO enter, at any time, said
lake at the point designated as the end OF
, the line over which the water is to be car
ried, so far and in such direction as may
be proper, for the laying down, construct
1 | ing, repairing replacing or controlling Of
: pipes, acqueducts. filters, or other appli-
: ances and fixtures proper for the obtaining
| 5. The right to enter upon the lands
| through which the line, herein before refer
red to and desert bed in the first section of
| the said ordinance, runs, and lay down,
! along said line, such water pipes and ac-
= queducts as may be deemed proper for the
ca rrying OF said water 20, the city, with
j such drain valves, air vents and other
1 suitable appliances; with the right and
privilege, at any time, of entering upon
such lands for the purposes of examining,
repairing, replacing, rebuilding, cleaning
. or controlling such aequeducts, pipes and
Z attachments; Provided, that all such
+ rights and privileges shall be used and ex-
} ercised in such proper and reasonable
manner to interfere ia tho least man
ner with the ordinaIy y occupation and use
ofsuch lands by the owners thereofi which
- | ordinary occu patton and use OF such lands
shall be held to remain in the owners ofthe
n same. but in no manner to interfere, with
the proparand reasonable use and exsrN
n else of the rights, privileges, and ease~
Z -ments hereby sought to be appropriated
for the use of the water>works. -
p 6. The sole use and occupation of piece
y of ground of circular form; with radius
II OF two hundred and ten feet. the centre o.
which is thirty feet south ofa point on the
= line aforesaid, six thousand one hundred
\ and eighteen feet and twenty~fouF hun
7lredths of a foot from the initial point o
said linein the public square, on which
y piece of ground to constructs reservoir
D The applicants further represent tha
+ said pipes and acqHeducts are to be laiC
u cribedin the first section of the ordinances
r Eaforesaid, copy of which ordinance i!
hereto attached and madeapart ofthis ap'
EplicaIion, and that said line crosses thu
lands of the following named persons, fo
: the distance over each tract of property
thereafter stated, in the order named, com
mencing where said line departs from tn
public highway, to wit; srr- Oh -.... b..
Joseph Meyer a distance .,........19s f8-1OO +
John Setter, distance 81 80 100
- John Blum, distance of-..-..........lo4S SU-lOo
n. Andrew Pero, distance of...........; 50 sOlOO
Geo. Dew It's heirs, a distance of.---..-o96
.. Collins M'Grs gor. distance of..-........ 20 {
- John Miiler's heirs. distance Of. 90 2o-l00 I
Levi Smith. distance of..............lO7 s0-10O
Samuel Smith. distance of........2, l1G 2s-10o {
Canton Cemetery ASH, distance OF 81 ST-1O0 4
Lawrence Bechel: and Adam Phillips,
'm na Andrew Meyer and mis- children, a
fer 9sSnSH sn io :f"cc 80
-he Joseph Meyer and his children, dis
of tance of.......... -.........4Ol4 4O-lOO
That the raising of the lake will affeC
er the lands ofthe heirs of Andrew Meyer
deceased. $50 ..'-
EsWhereupon the said applicants pra
ate that the said court cause jury to be en-
me pannelled to assess and determine the col
Aer pensation and damages which shall be pal
M by said applicants because of the apprc
ce, priation OF the rights, privileges, east
Oh ments and lands hereinbefore set fortf
and such further proceedings be taken, an
l. orders made as provided by law.
= THE CITY COUNCIL OF THE CIT
:. OF CANTON.
By WILLIAM A. LYNCH,
City Solicitor,
+ al The above ma ntioned persons, as al
oD, | all others who may be affected by Il
sna above application, are further notified tn
Iii ! said application Will be presented to sa
go | court, at the Court~room of said court, {
the doluay, the toeli % y 9 oei, "a; ~ 10y
! heard.
er' THE CITY COUNCIL OF CANTON,
81 WILLIAM A. LYNCH,
10 City Solicitor.
20 ocl2WS