The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1868-10-28
] EGAL neutrality-suspicious.
l. ALTON FOR WATER WORKS


No ce is hereby given to joseph bJeva
er, Catharine A. Meyer. his wife. and TO
Olivia, Edward, Elizabeth, GEORGE w,
and Henry Clay Meyer: to Andrew Mey-
err Andrew Meyer, Jr., Emily Never.
now religious. under the name OF Mary
OF the Assumption, Louisa, Joseph. will
lam, Margaret, Isabella and John Never.
to Frank Meyer, Joseph A. Caroline
Trout, intermarried with Josebb TroTIt
COrdelia Meyer, Frank Meyer, Jr. and
Mary, iniernGrried with - Hane: HeI-
ena and Thomas Patton, and Thomas.
Frank, George, Mary, Cordelia, eds
ward, Charles, William, John Patton.
30 Elizabsth Cassidy; TO John Settler;
John Blum, Andrew PierO, Catharine
SaXton and her husband Jas. 4. Saxton.
ana George Dewalt; Collins McGregor,
Ignatius Piero, John Miller's heirs; Sans
Uel Smith, Levi Smith; Canton Cemetery
Association; Lawrence Bechel and Adam
Phillips, That on the 10th day Of October.
A. d. 1865, the City Council of the citv of
Canton filed an application in the Office of
the clerk of the court of common pleas.
Stark county, Ohio Of which the following
is u copy:
To the Hon. the Court of Common Pleas. within
and for the County Of Stark. and State Of Ohio:
The applicants, the city council of the
city of Canton, (within said county Of
Stark respectfully represent
That on the fifth day of October, A d.
1863, said city council, by tue concurrence
of over twO~thirds OF all the members 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 erd. nance has been published
according to law, and is now in full force
and effect,
That said urdinaz co declares, that, for
the purpose OF constructing, establishing
and putting in operation. said water
works, and supplying said city with was
ter, il is necessary TO use Meyers lake as
the source OF supply, and that the water
be carried thence by \ line accurately set
forth AID described il 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
ilegcs. to wit:
l. The right to draw from said lake such
quantities o water as may be needed for
the present and future supply Of said city.
=. The right to construct, keep i'll repair
ard control dam at the outlet of said
lake in such manner ss to be able, when
necessary, for the supply of said city, or
to increase the water pressure, To raise the
surface of the lake, with a sluice i'll the
same, which shall be under the sole con-
troll of the proper authorities of said city.
3. The right and privilege of raising the
surface of said lake, when necessary for
the aforementioned purposes, two feet
with the right to flow adjacent lands TO an
extent necessary for that purpose.
!. 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
rieu, so far and in such direction as may
be proper, for the laying down, construct
ing, repairing replacing or controlling of
pipes, acqueducts. filters, or other appli-
ances and fixtures proper for the obtaining
and purifying Of water.
3. The right to enter upon the lands
through which the line, herein befOre refer
red to and described 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 10 the city, with
such drain valves, air vents and other
suitab appliances; with the right and
privilege, ut any time, of entering upon
such lands for the purposes OF examining,
repairing, replacing, rebuilding, cleaning
or controlling such acqueducts, pipes Bnd
attach Provided, that all such
rights and privileges shall be used and eX-
ercised in such proper and reasonable
manner as to interfere ia the least man
ner with the ordinaI y occupation and use
Ofsuch lands by the owners thereof; which
ordinary occupation and use of such lands
shall be held to remain IN the owners Ofthe
same. but in no manner to interfere with
the proper and reasonable use and e&erN
else of the rights, privileges, and eases
ments hereby sought to be appropriated
for the use of the water~works.
6. The sole use and occupation OF a piece
OF ground Of circular form; with radius
OF Two hundred and ten feet. the centre OF
which is thirty feet south Ofa point on the
line aforesaid, six thousand one hundred
and eighteen feet and twenty~iOur nun
dredths OF foot from the initial point OF
said line in the public square, on which
piece OF ground To constructs 3 reservoir
The applicants further represent that
said pipes and acqgeducts are to be laid
down and constructed along II line des-
cCiDed in the first section OF the ordinance
Aforesaid, a copy of which ordinance Is
hereto attached and madea part of this APP
plicaIiOn, and that said line crosses the
landsof the following named persons, for
the distance oyer each tract of property
hereafter stated, in the order named, COM
Inencing where said line departs from The
public highway, to wit:
Joseph Meyer, distance oi......-..1es is-1C0 #.
ohm Setter, distance 81 9C1OO f.
John Bi1m distance of-.--.--....lC4 s. : 90 Il.
Andrew Pero, distance of-.-.-..... 80 SJ-lGO fC.
Geo. Dew It's heirs, Il distance Of 1876 #.
Collins NJ Gre gOr, distance of....-...... 20 #.
IguatiuS PerO, distance Of lbs SOL Il
John Miller's heirs distance Of. so 2o-lOO It.
Levi smith, distance 9O-1nO #.
Samuel Smith, distance Off, l1G 23-lOO #.
Canton Cemetery ASH, distance OF 81 &T-ln0 #.
Lawrence Bechel ana Adam Phillips,
distance Oh. ..--.................f4J h u.
Anlrew Meyer and MS children,
Jo!ePh etsS Meyers ans, distance Of s. It. It
Joseph Meyer and his children, dis
lance OI----.----.. .--....4uI 4J. lCO IT,
That the raising of the lake will affect
the lands Offhe heirs Of Andrew Meyer,
deceased.
WhereuPon the said applicants pray
that the said court cause jury TO be en-
pannelled to assess ana determine the com
pensatiOn and damages which shall be paid
by said applicants because OF the approN
priation OF tho rights, privileges, eases
ments and lands hereinbelore set forth,
and sgch further proceedings be taken, and
orders made as provided by law.
THE CITY COUNCIL OF THE CITY
OF CANTON.
By " ILLIANI \. LYNCH,
City Solicitor.
The above N ntioned persons, as also
all others who may be affected by the
boveapplicatioI, are further notified that
said application VIII be presented to said
court, at the Court~rOom of said court, on
Monday, the 16th of November, A. d. 1865,
or as soon THEREAFTER as counsel can be
heard.
THE CITY COUNCIL OF CANTON.
WILLIAM a. LYNCH,
City Solicitor.
oc12w3