The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1868-10-21
I EGAL NOTICE.-APPROPRI
II ALTON FOR WATER WORKS.

Notice is hereby given TO Joseph Meg
err, Catharine A. Meyer. his wife, and to |
Olivia, Edward, Elizabeth, George w.
and Henry Clay Meyer: to Andrew Mey- |
er, Andrew Meyer, Jr., Emily Meyer, |
now religious. under the name of Mary |
of the Assumption. Louisa, Joseph, Will |
lam. Margaret, Isabella and John Never; |
to Frank Never, Joseph A., Caroline
Cordelia Meyer, Frank Meyer, Jr. and |
Mary. iuiermarried with - Hane; Hell |
ena and Thomas Patton, and Thomas, |
Frank, George, Mary, Cordelia, Eds !
60 Elizabeth Cassidy; 10 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,
4. D. 1865, the City Council of the city 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 a 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, (withim said county of
Stark respectfully represent:
Tnat on the fifth day of October, a. ID.
| 1858, said city council, by the concurrence
of over two-thirds OF all the members ell
entitled " An Ordinance Relating to the
Establishment and Construction of Water
Works for the City of Canton, Ohio" and
| that said ordinance has been published
| according to law, and Is now in full force
| and effect,
That said urdinar ce declares, that, for
! the purpose or constructing, establishing
and putting in operation. said water
| works, and supplying said city with wa~
| ter it is necessary to use Meyer s 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 1t Is
| necessary, for the purposes aforesaid, to
| enter upon 81 appropriate the following de-
| sclibed lands. easements, and water priv
ileges. to wit:
| !. The right to draw from said lake such
| quantities OF water as NAV be needed for
| the present and future supply of said city.
.. The right to construct, keep in repair
| and control dam at the outlet of said
| lake in such manner es 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.
8. 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.
| 4. The right to enter, at any time, said
lake at the point designated as the end OF
| the line over which the weter is to be car
| ried, 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 appE-
ances and fixtures proper for the obtaining
and purifying of water.
8. The right to enter upon the lands
through which the line, ,hareinbefore 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-
uueducts as may be deemed proper for the
! ca irving Of said water 10 the city, with
such drain valves, air vents and other
suitable appliances; with the right and
| privilege, at any time, of entering upon
such lands forthe purposes OF examining
q | repairing, replacing, rebuilding, cleaning
or controlling such acqueducts, pipes anC
attachments; Provided, that all sucl
> | 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 ordinary occupation and US
: ofsuch lands by the owners thereof; whicl
Il ordinary occupation and use OF such lard
= | shall be held to remain IN the owners otth
= same, but in no manner to interfere VIII
the proper and reasonable use and eXer
= else OF the rights, privileges, and ease
+ ments hereby sought to be appropriate
for the use of the water>works.
6. The sole use and occupation OF pieC
~ of ground Of circular form; with radlu
u of TWO hundred and ten feet. the centre
| line aforesaid, six thousand one hundre
s. and eighteen feet and twenty~fOur hun
eT dredths of a foot from the initial point I
IL said linein the public square, ON Wh'c
az piece of ground to constructs reservoir
y. The applicants further represent thi
y said pipes and acqaeductS are to be la
IS Gown and constructed along line de!
cribed in the first section OF the ordinan
- aforesaid, copy of which ordinance
T hereto attached and made part of this al
pIication. and that said line crosses u
lands of the following named persons, II
the distance oyer each tract OF proper
hereafter stated, in the order named, con
NJ | mencing where said line departs from Il
~ public highway, to wit:
Joseph Meyer, n distance of............19S IS-1O0
John Settler, distance of--....--.'--'. Oh 20 100 @
John Blum distance cf--.---..........lC4 q SO-lO9
C. Andrew Pero, Instance OH; 90 oOlOO
lg Geo: Dewalts heirs, a distance of..---'.5gG
r. | Collins M'Gre gOr, distance Oh. 20
n, Ignatius PerO, distance of....--. rs So-iOV @
Ii John Mnler's heirs, distance oI..... 90 Ee-lOO
Levi smith. distance of.-..-;;l 81 sO-iG9 ,,G
Canton Cemetery ASH, a distance OF 81 3T-1OO
Lawrence Bechel and Adam Phillips,
e~ Andrew Meyer and his children
er distance ;;-; 'oss 4, 4oloo
Joseph Meyers lane, a distance o.. 81
Joseph Meyer and his children, a dis -,
tance of...-.-.....-.. ...-....-..---.4'Ol4 4O-lOo
yyl That the raising of the lake will afft
the lands ofIhe heirs of Andrew Mey'
deceased.
Whereupon the said applicants pr;
II that the said court cause jury 10 be el
~ panneIled to assess and determine the &C
rL pensatiOn and damages which shall be pc
of by said applicants because OF the appl
IN prlaLlon OF the rights, prlNAeeesI ga
,te ments and lands hereinbefOre set fort
Ter and such furtheF proceedings betaken, "a
ed orders made as provided by law.
THE CITY COUNCIL OF THE CIT
IS OF CANTON.
By WILLIAM A. LYNCH,
Id City Solicitor.
'nS The above me ntioned persons, as a
Gle all others who may be affected by I
on aboveapplication, are further notified Il
said application will be presented to 81
court, at the Court~room of said court,
Monday, the 10th of November, A. D. Is
or as soon thereafter as counsel can
,h- heard.
be THE CTrTY COIJNCTT, OF q ANTON
- - WILLIAM A. LYNCH,