Legal Notices 4-25-24
April 25, 2024

LEGAL NOTICE

IN THE COURT OF COMMON PLEAS

GEAUGA COUNTY, OHIO

24-F-000105 – First Federal Savings and Loan Association of Lakewood, Plaintiff vs. Unknown Successor as Trustee for the Brian J. Allen, Trustee of BDBA Trust aka Brian J. Allen, Trustee of the BDBA Trust under trust Instrument dated April 25, 1996, for the benefit of Brian J. Allen, et al., Defendants

 Unknown Successor as Trustee for the Brian J. Allen, Trustee of BDBA Trust aka Brian J. Allen, Trustee of the BDBA Trust under trust Instrument dated April 25, 1996, for the benefit of Brian J. Allen whose last and present place of residence are unknown; Jan Doe 1, Name Unknown, Spouse of Brianna M. Allen, if any whose last place of residence was 610 Canterbury Road, Bay Village, OH 44140: and whose present place of residence is unknown; Jan Doe 2, Name Unknown, Spouse of Alek Allen, if any whose last place of residence was 15340 Valentine Road, Thompson, OH 44086: and whose present place of residence is unknown, will take notice on February 14, 2024, First Federal Savings and Loan Association of Lakewood filed its Complaint in Case No. 24-F-000105 in the Court of Common Pleas Geauga County, Ohio, 100 Short Court, Suite 300, Chardon, OH 44024, alleging that Defendants, Unknown Successor as Trustee for the Brian J. Allen, Trustee of BDBA Trust aka Brian J. Allen, Trustee of the BDBA Trust under trust Instrument dated April 25, 1996, for the benefit of Brian J. Allen, Jan Doe 1, Name Unknown, Spouse of Brianna M. Allen, if any, and Jan Doe 2, Name Unknown, Spouse of Alek Allen, if any have or claim to have an interest in the real estate described below:

 P.P.N. 20-048650

 PROPERTY ADDRESS: 9398 Morgan Rd., Montville, OH 44064

 A Copy of the full legal description may be obtained from the County Auditors Office.

 The Petitioner further alleges that by reason of default of Unknown Successor as Trustee for the Brian J. Allen, Trustee of BDBA Trust aka Brian J. Allen, Trustee of the BDBA Trust under trust Instrument dated April 25, 1996 for the benefit of Brian J. Allen (Deceased) in the payment of a promissory note, according to its tenor, the conditions of a concurrent mortgage deed given to secure the payment of said note and conveying the premises described, have been broken, and the same has become absolute.

 The Petitioner prays that Defendants named above be required to answer and set up their interest in said real estate or be forever barred from asserting the same, for foreclosure of said mortgage, the marshalling of any liens, and the sale of said real estate, and the proceeds of said sale applied to the payment of Petitioner’s claim in the proper order of its priority, and for such other further relief as is just and equitable.

 DEFENDANTS NAMED ABOVE ARE REQUIRED TO ANSWER ON OR BEFORE THE 

20 DAY OF JUNE, 2024.

BY: Keith D. Weiner & Associates Co., L.P.A., Daniel C. Wolters (#0076521), 1100 Superior Avenue East, Suite 1100, Cleveland, OH 44114. Tel: (216) 771-6500, Fax: (216) 771-6540. email: courtnotices@weinerlaw.com

Apr18-25 May2-9-16-23, 2024

RESOLUTION OF THE

GEAUGA PUBLIC HEALTH

BOARD OF HEALTH 

CREATING CERTAIN FEES

 WHEREAS, the Ohio Revised Code, Section 3709.09, permits the Board of Health to establish by Rule, a uniform system of fees to pay the cost of any service provided by the Board of Health for which no fee is prescribed by law; and

 WHEREAS, it has been determined by the Board of Health through a program cost analysis that the fees for certain services are needed to pay the cost of providing those services and;

 WHEREAS, the Board of Geauga Public Health is determined to provide quality Public Health services to Geauga County residents in a cost effective manner. 

 NOW THEREFORE BE IT RESOLVED That, for the purpose of preserving and promoting the Public Health and Welfare, the foregoing fees are hereby enacted as follows:

1. One-year operational permit $30.00

 A one-year operational permit will apply to NPDES systems, drip distribution systems and pretreatment systems.

1st reading February 28, 2024, 2nd reading March 20, 2024, and 3rd and Final Reading April 24, 2024.  Published April 25, 2024, and May 2, 2024, and become effective May 6, 2024.

Apr25 May2, 2024

PUBLIC NOTICE

Passage of 

Ordinances & Resolutions

City of Chardon

 Notice is hereby given that the Council of the City of Chardon, duly passed and/or adopted the following legislation:

RESOLUTION NO. 02-24

A RESOLUTION AWARDING THE CENTER STREET SANITARY IMPROVEMENT PROJECT TO THE LOWEST AND BEST BIDDER AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DIGIOIA SUBURBAN EXCAVATING FOR PERFORMANCE OF THE PROJECT CONSISTENT WITH ITS BID SUBMISSION AND DECLARING AN EMERGENCY.

PASSED AND ADOPTED THIS 8TH day of February, 2024.

ORDINANCE NO. 3263

AN ORDINANCE ACCEPTING CERTAIN PUBLIC IMPROVEMENTS DEDICATED BY FLG-CHARDON, LLC FOR PUBLIC USE, AUTHORIZING THE RECORDING OF A DEDICATION PLAT, AND DECLARING AN EMERGENCY.  

PASSED AND ADOPTED THIS 8TH day of February, 2024.

ORDINANCE NO. 3264

AN ORDINANCE AMENDING APPROPRIATIONS IN THE CITY OF CHARDON TREASURY FOR 2024 AND DECLARING AN EMERGENCY.

PASSED AND ADOPTED THIS 8TH day of February, 2024.

ORDINANCE NO. 3265

AN ORDINANCE TO MAKE ANNUAL APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF CHARDON, STATE OF OHIO DURING THE FISCAL YEAR ENDING DECEMBER 31, 2024 AND DECLARING AN EMERGENCY.

PASSED AND ADOPTED THIS 7TH day of March, 2024.

ORDINANCE NO. 3266

AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE WITH THE FINE ARTS ASSOCIATION, INC. FOR THE USE OF 106 WATER STREET AND DECLARING AN EMERGENCY.

PASSED AND ADOPTED THIS 14TH day of March, 2024.

ORDINANCE NO. 3267

AN ORDINANCE AUTHORIZING ALL ACTIONS NECESSARY TO ACCEPT NORTHEAST OHIO PUBLIC ENERGY COUNCIL (NOPEC) 2024 ENERGIZED COMMUNITY GRANT FUNDS AND DECLARING AN EMERGENCY. 

PASSED AND ADOPTED THIS 14TH day of March, 2024.

 The complete text of these ordinances and resolutions may be viewed or obtained at the office of the Clerk of Council, 111 Water Street, Chardon, Ohio, during regular business hours.

 By order of the Council of the City of Chardon, Ohio.

AMY DAY, CLERK OF COUNCIL

Apr25, 2024

NOTICE OF A PUBLIC HEARING

Russell Township

 Notice is hereby given that the Russell Township Board of Zoning Appeals will have one Public Hearing for an appeal for a variance to the Russell Township Zoning Resolution on Monday, May 6, 2024, at 7:00 p.m. at the Russell Township Town Hall. 14890 Chillicothe Road, Novelty, Ohio.

 Variance Application #562 submitted by Travis Lemmings of 13730 Sperry Road. Parcel #26-214057. The Applicant is seeking to obtain a variance to construct an accessory structure/ three bay garage in front of the principal Building/front yard.

 Laurel Schools Butler Campus: The property is located at 7420 Fairmount Road. Parcel #26-707034. Environmental Management Plan (EMP) Annual Review.

 The Board of Zoning Appeals welcomes fact-based testimony to assist in making an informed decision.

C. Birli, Secretary

Apr25, 2024

PUBLIC NOTICE

Passage of 

Ordinances & Resolutions

City of Chardon

 Notice is hereby given that the Council of the City of Chardon, duly passed and/or adopted the following legislation:

ORDINANCE NO. 3268

AN ORDINANCE ENACTING THE DECEMBER 2023 REPLACEMENT PAGES TO THE CODIFIED ORDINANCES OF THE CITY OF CHARDON AND DECLARING AN EMERGENCY.

PASSED AND ADOPTED THIS 11TH day of April, 2024.

ORDINANCE NO. 3269

AN ORDINANCE AUTHORIZING PARTICIPATION IN ODOT COOPERATIVE PURCHASING PROGRAM AND DECLARING AN EMERGENCY.

PASSED AND ADOPTED THIS 11TH day of April, 2024.

ORDINANCE NO. 3270

AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUNICIPAL PROSECUTION SERVICES AGREEMENT WITH THE OFFICE OF THE GEAUGA COUNTY PROSECUTING ATTORNEY AND DECLARING AN EMERGENCY.

PASSED AND ADOPTED THIS 11TH day of April, 2024.

ORDINANCE NO. 3271

AN ORDINANCE ENACTING A NEW CHAPTER 751 “RECREATIONAL MARIJUANA” OF THE CODIFIED ORDINANCES CONCERNING THE SALE OF RECREATIONAL MARIJUANA AND DECLARING AN EMERGENCY.

PASSED AND ADOPTED THIS 11TH day of April, 2024.

ORDINANCE NO. 3272

AN ORDINANCE EXTENDING A MORATORIUM ON ACCEPTING APPLICATIONS FOR ISSUING ZONING CERTIFICATES FOR ANY BUILDING, STRUCTURE, USE OR CHANGE OF USE THAT WOULD ENABLE THE CULTIVATION, PROCESSING, DISTRIBUTION OR SALE OF ADULT-USE CANNABIS, CANNABIS, OR MARIJUANA, FOR A PERIOD NOT TO EXCEED SIX MONTHS OR UNTIL ANY LEGISLATION GOVERNING THE SAME IS ENACTED, IN ORDER TO ALLOW THE CITY TO REVIEW APPLICABLE STATE AND LOCAL LAWS AND TO PLAN FOR REGULATIONS RELATING TO SUCH USES, AND DECLARING AN EMERGENCY.

PASSED AND ADOPTED THIS 11TH day of April, 2024.

RESOLUTION NO. 3-24

A RESOLUTION APPROVING THE COUNTYWIDE 9-1-1 PLAN PER ORC 128.08 AND DECLARING AN EMERGENCY.

PASSED AND ADOPTED THIS 11TH day of April, 2024.

RESOLUTION NO. 4-24

A RESOLUTION TRANSFERRING FUNDS IN THE CITY OF CHARDON TREASURY FOR 2024 AND DECLARING AN EMERGENCY.

PASSED AND ADOPTED THIS 11TH day of April, 2024.

 The complete text of these ordinances and resolutions may be viewed or obtained at the office of the Clerk of Council, 111 Water Street, Chardon, Ohio, during regular business hours.

 By order of the Council of the City of Chardon, Ohio.

AMY DAY, CLERK OF COUNCIL

Apr25, 2024

NOTICE OF A PUBLIC HEARING

ON APPLICATION

PROPOSING TO AMEND THE

TROY TOWNSHIP ZONING RESOLUTION

O.R.C. SECTION 519.12(G)

 Notice is hereby given that the Troy Township Board of Township Trustees will conduct a public hearing on a motion which is amendment, identified as ZC2024-1VI to the Troy Township Zoning Resolution at the Troy Township Community House, 13950 Main Market Road, Troy Township at 6:00 o’clock p.m. on May 7, 2024.

 The motion proposing to amend the zoning resolution with modifications will be available for examination at the Troy Township Fire Department, 14019 Nash Road from 7:00 o’clock a.m. to 6:00 o’clock p.m., at the Troy Township Community House, 13950 Main Market Road when open and on the Troy Township website https://www.troytwpgeauga.com/zoning (Departments/Zoning Department/Zoning Amendments/2024Amendments/ZC2024-1VI ZC MODIFIED Amendment Draft Article VI 04.11.2024) from April 25, 2024 to May 7, 2024.

 The ZC2024-1VI proposed amendment motion is requesting to amend the text in Article VI as modified by the Zoning Commission in the Troy Township Zoning Resolution.

Jane Grudowski, Fiscal Officer

Apr25, 2024

NOTICE OF PUBLIC HEARING

APPEAL FOR A CONDITIONAL USE 

PERMIT TO THE 

CHESTER TOWNSHIP 

ZONING RESOLUTION

 Notice is hereby given that the Chester Township Board of Zoning Appeals will conduct a public hearing on a conditional use permit renewal identified as number ZU-2024-3 on the 13th day of May, 2024 at 7:00 p.m. at Chester Town Hall.  

 The applicant, Rabbi Eric D. Lakatos requests a Conditional Use Permit renewal on behalf of Tikvat Yisrael Messianic Synagogue for the property located at 9319 Mayfield Road; Chester Twp, OH.  

Kathleen McCarthy, 

Administrative Assistant

Apr25, 2024

NOTICE OF PUBLIC HEARING

APPEAL FOR AN AREA 

VARIANCE TO THE 

CHESTER TOWNSHIP 

ZONING RESOLUTION

 Notice is hereby given that the Chester Township Board of Zoning Appeals will conduct a public hearing on an application identified as number ZA-2024-5, on an appeal for an area variance to the Chester Township Zoning Resolution on the 13th day of May, 2024 at 7:00 p.m. at Chester Town Hall.  

 The applicant, Andrew Carcioppolo requests an Area Variance for his property located at 11680 Cambridge Drive. He proposes building a garage four feet to the front of the front building line of the primary residence. This is in violation of Section 5.01.03 of the Chester Township Zoning Resolution.     

Kathleen McCarthy, 

Administrative Assistant

Apr25, 2024

LEGAL NOTICE

IN THE COURT OF COMMON PLEAS

GEAUGA COUNTY, OHIO

24-M-000268 – BTE Properties, LLC, et al., Plaintiff vs. Township of Parkman, Ohio, et al., Defendants

 The unknown heirs, devisees, legatees, executors, administrators and/or assigns of Simon and Nancy Perkins, whose identity and address(es) cannot be ascertained with the exercise of reasonable diligence, and upon whom service of summons could not be made, will take notice that on April 16, 2024, BTE Properties, LLC and ABC Development LLC (“Plaintiffs”), filed a Complaint to Quiet Title, Case No. 24-M-000268 in the Court of Common Pleas for Geauga County, Ohio, 100 Short Court, Suite 300, Chardon, OH 44024, seeking to quiet title to approximately 2.63 acres of land, located at the intersection of Nelson Road and U.S. 422 (Main Market Road), in the Township of Parkman, County of Geauga and State of Ohio, known as Geauga County Permanent Parcel No. 25-002900 (the “Property”). Specifically, Plaintiffs pray for judgment declaring invalid and unenforceable the following restriction, related to a portion of the Property, contained in a Deed issued by Simon and Nancy Perkins on or about June 7, 1843, and recorded June 8, 1857, in Volume 54, Page 241 of the Geauga County records; and restated in a Deed dated January 22, 2018 and recorded January 22, 2018, in Volume 2046, Page 1060 of the Geauga County records: that “…said [Parkman Township] Trustees and their successors in office shall hold said land for the inhabitants of said Township to use as a public square or commons unencumbered by any building or structure whatever except railing of a public walk.”

 The unknown heirs, devisees, legatees, executors, administrators and/or assigns of Simon and Nancy Perkins shall take further notice that they are required to answer the Complaint to Quiet Title within twenty-eight (28) days after this publication.

By: Douglas M. Eppler (0087018), Attorney for Plaintiff, ABC Development LLC, Walter Haverfield LLP, Suite 300, 1500 W. 3rd St., Cleveland, OH  4411. Telephone No. (216) 781-1212; and Joseph H. Weiss, Jr. (0007894), Attorney for Plaintiff, BTE Properties, LLC, 8228 Mayfield Road Ste. 6b-1, Chesterland, Ohio 44026 Tel: 440-729-7278.

Apr25 May2-9-16-23-30, 2024

HUNTSBURG TOWNSHIP

2024 ROAD MATERIALS BID

 The Huntsburg Township Board of Trustees will receive sealed proposals until 2:00 p.m. on May 7, 2024, proposals will be opened and read aloud for the following road materials at 8:00 pm during the township meeting May 7, 2024. Road materials included are #57, #304, #411, #617 Limestone, #57 Steel and Light Slag and #4 Steel and Light Slag, washed #8 limestone, cold mix, and screened asphalt grindings.  Materials are to be delivered on an as needed basis to our designated yard.

 All bids are to be marked Road Materials Bid and sent to Huntsburg Township, P.O. Box 280, Huntsburg OH 44046. The Huntsburg Township Board of Trustees reserves the right to reject any or all bids, waive any informalities or irregularities in the bids received, and to accept any bid or bids which are deemed most favorable to the Board at the time and under conditions stipulated, all in accord with the applicable provisions of the laws of the State of Ohio governing the conduct of the Board of Trustees.

Michele A. Saunders, Fiscal Officer

Apr25 May2, 2024

NOTICE OF PUBLIC HEARING

APPEAL FOR VARIANCE TO

CLARIDON TOWNSHIP 

ZONING RESOLUTION

 Notice is hereby given that the Claridon Township Board of Zoning Appeals will conduct a public hearing on an application, identified as number V24-2, on an appeal for a variance to the Claridon Township Zoning Resolution on the 9th day of May, 2024 at 6:30 p.m. at the Claridon Administration Building.

 This application, submitted by Hector Hernandez, requests that a variance allowing for the use of operating a landscaping business in the Residential District which is not a permitted principal use according to Section 401.02 of the Claridon Township Zoning Resolution be granted for the lot located at 13775 Mayfield Road.

Chris Alusheff II, Secretary

Apr25, 2024

BID NOTICE

Chardon Post Renovation

Ohio State Highway Patrol

530 S Center St. Chardon OH 44024

 Bids Due: 10:00 AM local time 05/16/24 local time through the State’s electronic bidding system at https://bidexpress.com EDGE Goal 5% of contract Domestic steel use is required per ORC 153.011

 Estimated cost $525,000.00

 Pre-Bid meeting at location: 05/01/24 at 10:00AM

 More Info: A/E contact Dan Bauer, 330- 836-2343 X 208, dbauer@fmdarchitects.com,https://bidexpress.com

 Project consists of General, Plumbing, Electrical, and HVAC trades

Apr25 May2-9, 2024

NOTICE OF PUBLIC HEARING

APPEAL FOR AN AREA 

VARIANCE TO THE 

CHESTER TOWNSHIP 

ZONING RESOLUTION

 Notice is hereby given that the Chester Township Board of Zoning Appeals will conduct a public hearing on an application identified as number ZA-2024-4, on an appeal for an area variance to the Chester Township Zoning Resolution on the 13th day of May, 2024 at 7:00 p.m. at Chester Town Hall.  

 The applicant, Todd & Andrew Esola-Gyongyosi are requesting an Area Variance for their property located at 12654 Ward Dr.  They propose building an accessory building with a proposed wall height of 15’ and a ridge height of 19’2”, which exceeds the maximum allowable.  This application fails to meet Section 5.01.05 of the Chester Township Zoning Resolution.  They would also like a portion of the driveway to be less than the required 10’ setback which fails to meet Section 5.01.06 F. 2.    

Kathleen McCarthy, 

Administrative Assistant

Apr25, 2024

LEGAL NOTICE

The Asphalt Resurfacing of Various Roads

Geauga County, Ohio

 Bids will be received by the Geauga County Board of Commissioners digitally via Bid Express® or in a sealed envelope at the Geauga County Engineer’s Office, 12665 Merritt Road, Chardon, Ohio 44024 by 10:00 AM local time on May 10, 2024 and read publicly at 10:05 AM local time at the above address.

 The bid shall be let upon a unit price basis. The estimated cost for this project is $900,000.

 Proposal, plans, and specifications may be obtained from the following website: https://www.bidexpress.com/. Bidders and subcontractors can view and download information free of charge. All digital Bidders must register with Bid Express® (allow time for processing). Submission of a digital bid requires a fee paid directly to Bid Express®. This fee is charged on a per bid or monthly basis. Paper bid documents are also available free of charge at the Geauga County Engineer’s Office, 12665 Merritt Road, Chardon, Ohio 44024. 

 Pursuant to Ohio Revised Code Chapter 153, the bid must be accompanied by an original sealed document (uploaded for digital bids) in the form of a bond for the full amount of the bid (100%). Otherwise, each bid must be accompanied by a certified check, cashier’s check, or letter of credit in the amount of ten percent (10%) of the total bid amount pursuant to Ohio Revised Code Chapter 1305. All digital Bidders must submit original documents within three (3) business days of the bid opening.

 Bids may be held by the Geauga County Board of Commissioners for a period not to exceed sixty (60) days from the date of opening, for the purpose of reviewing the bids and investigating the qualifications of Bidders, prior to awarding the contract. The Geauga County Board of Commissioners reserves the right to reject any and all bids, to waive any informalities or irregularities in the bids received, and to accept any bid or bids which are deemed most favorable to the Board at the time and under conditions stipulated, all in accord with the applicable provisions of laws of the State of Ohio governing the conduct of the Geauga County Board of Commissioners.

 This legal notice is posted at the following website: https://www.geaugacountyengineer.org/projects-bids/legal-notices/.

BY THE ORDER OF THE GEAUGA COUNTY BOARD OF COMMISSIONERS

Christine Blair, Clerk

Apr 25, 2024

LEGAL NOTICE

IN THE COURT OF COMMON PLEAS

GEAUGA COUNTY, OHIO

23-M-000466 – U.S. Bank National Association, not in its individual capacity but solely as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-2, Plaintiff vs. John Doe(s) Unknown heirs of William French, AKA William French, Jr., et al., Defendants

 John Doe(s) Unknown heirs of William French, AKA William French, Jr., whose last known address is 16794 Huron Street, Chagrin Falls, OH  44023, John Doe(s), Unknown heirs of Linda French, AKA Linda K. French, whose last known address is 16794 Huron Street, Chagrin Falls, OH  44023, John Doe(s), Name(s) Unknown, the Unknown heirs, devisees, legatees, beneficiaries of Norman Thompson AKA Norman Curtis Thompson and their unknown spouses and creditors; and, the unknown spouse of Norman Thompson AKA Norman Curtis Thompson, whose last known address is 16794 Huron Street, Chagrin Falls, OH  44023, will take notice that on August 8, 2023, U.S. Bank National Association, not in its individual capacity but solely as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-2 filed its Complaint in the Geauga County Court of Common Pleas at 100 Short Court, Suite 300, Chardon, OH 44024, assigned Case No. 23-M-000466 and styled U.S. Bank National Association, not in its individual capacity but solely as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-2 vs. John Doe(s) Unknown heirs of William French, AKA William French, Jr., et al. The object of, and demand for relief in, the Complaint is to foreclose the lien of Plaintiff’s mortgage recorded upon the real estate described below and in which Plaintiff alleges that the foregoing defendants have or claim to have an interest:

 Parcel number(s):  02-230900, 02-231000, 02-231100, 02-231200, 02-231300

 Property address:  16794 Huron Street, Chagrin Falls, OH 44023

 The defendants named above are required to answer the Complaint within twenty-eight (28) days after the last publication of this legal notice. This legal notice will be published once a week for three successive weeks.

By Richard J. Sykora, Manley Deas Kochalski LLC, P. O. Box 165028, Columbus, OH  43216-5028, 614-220-5611, RSykora@manleydeas.com

Apr18-25 May2-9-16-23, 2024