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COMMON PLEAS COURT
of PORTAGE COUNTY, OHIO

Full text of Legal Notice

LEGAL NOTICE

In the Court of Common Pleas, 203 West Main Street, Ravenna, Portage County, Ohio.

Case No. 2023 CV 00314.

Brad Cromes, Portage County Treasurer, Plaintiff vs. Martin S. Augenstein, et al., Defendants.

MARTIN S. AUGENSTEIN; LULA E. AUGENSTEIN; THE UNKNOWN TENANTS, UNKNOWN OCCUPANTS, AND/OR PARTIES IN POSSESSION UNDER ANY CLAIMS; AND THE UNKNOWN HEIRS, DEVISES, LEGATEES, ADMINISTRATORS, EXECUTORS, SPOUSES, NEXT OF KIN AND ASSIGNS AND THE UNKNOWN GUARDIANS OF MINOR AND/OR INCOMPETENT HEIRS OF MARTIN S. AUGENSTEIN & LULA AUGENSTEIN, whose addresses cannot with the exercise of reasonable diligence be ascertained, and upon whom service of summons cannot be had in the State of Ohio, will take notice that on April 18, 2023, Brad Cromes, Portage County Treasurer, Plaintiff filed a Complaint in the Common Pleas Court of Portage County, Ohio, being case number 2023 CV 00315 to foreclose the lien for land taxes, assessments, penalties, more specifically, on permanent parcel number: 12-040-00-00-061-000.

Said property is described as follows, to wit.

SITUATED IN THE TOWNSHIP OF FRANKLIN COUNTY OF PORTAGE AND STATE OF OHIO, AND KNOWN AS BEING PART OF LOT NO. 40 IN SAID TOWNSHIP AND BOUNDED BY COMMENCING AT A STONE ON THE SOUTH LINE OF THE N.Y.P & O.R.R., (NOW ERIE R.R.) SAID STONE IS STANDING ON THE LINE DIVIDING THE LANDS OF F. STRATTON’S HEIRS AND THE HEIRS OF CHARLES WALDRON, SITUATE ON THE NORTH LINE OF SAID R.R., THENCE RUNNING S. 0’ 15” W. TO THE CENTER OF THE HIGHWAY RUNNING FROM KENT TO RAVENNA, THENCE ALONG THE CENTER OF THE HIGHWAY TO THE EAST LINE OF LANDS FORMERLY OWNED BY WILLIARD MOODY AND R.C. OSBOURNE’S HEIRS; THENCE NORTH ALONG THE EAST LINE OF SAID MOODY’S AND OSBOURNE’S EAST LINE AND LANE TO THE SOUTH LINE OF THE N.Y.P. & O.R.R. (NOW ERIE R.R.) THENCE ALONG THE SOUTH LINE OF SAID RAILROAD, TO THE PLACE OF BEGINNING, SUPPOSED TO CONTAIN FIFTEEN (15) ACRES OF LAND, AND BEING THE SAME LAND DEEDED TO ALFRED J. MACE BY BRIDGET MCMAHON SEPT. 1ST, 1892. SEE VOL. 162, PAGE 203 OF PORTAGE COUNTY RECORDS.

EXCEPTION 1: (VOL. 179, PAGE 190): EXCEPTING FROM THE ABOVE ABOUT ONE ACRE IN SOUTH-WEST CORNER OF SAID LANDS DEEDED TO JOHN E. MCVEY. SEE ATTACHED VOLUME 179, PAGE 190, OF PORTAGE COUNTY RECORDS.

EXCEPTION 2: ALSO EXCEPTING, ANOTHER STRIP OF LAND SIXTY FEET WIDE ON THE SOUTH SIDE OF SAID MACE’S LANDS AND ADJOINING THE NORTHERLY LINE OF THE HIGHWAY RUNNING FROM KENT TO RAVENNA, AND EXTENDING FROM WEST BOUNDARY LINE OF LAND NOW OWNED BY M.J. WALDRON TO THE RIGHT OF WAY OF THE M.V. & W.R.W. CO., AND A TWENTY FOOT LANE OWNED BY THE HEIRS OF WILLIARD MOODY AND R.C. OSBOURNE.

EXCEPTION 3: (VOL. 193, PAGE 15): SITUATED IN THE TOWNSHIP OF FRANKLIN, COUNTY OF PORTAGE AND STATE OF OHIO, AND BEING THE PERPETUAL RIGHT AND PRIVILEGE TO CONSTRUCT AND MAINTAIN A PUBLIC HIGHWAY UPON AND OVER THE FOLLOWING DESCRIBED PREMISES.

BEING A PORTION OF THE FIFTEEN (15) ACRE TRACT OF LAND BELONGING TO SAID GRANTEE, IN ORIGINAL TOWNSHIP LOT NUMBER FORTY (40) OF SAID FRANKLIN TOWNSHIP, AND COMPRISING A STRIP OF LAND SIXTY (60) FEET IN WIDTH LYING ALONG THE NORTHERLY SIDE OF AND ADJOINING THE NORTHERLY LINE OF THE HIGHWAY EXTENDING FROM THE VILLAGE OF RAVENNA NORTHERLY TO THE VILLAGE OF KENT, SAID PARCEL OF LAND EXTENDING FROM THE WESTERLY LINE OF LANDS NOW OR FORMERLY OWNED BY M.C. WALDRON IN THE EAST TO THE RIGHT OF WAY OF THE MAHONING VALLEY WESTERN RAILWAY COMPANY AND A TWENTY (20) FOOT LANE, OR DRIVEWAY, OWNED BY WILLIARD MOODY AND ADAM C. OSBOURNE ON THE WEST.

EXCEPTION 4: ALSO EXCEPTING, ANOTHER STRIP OF LAND FIFTY FEET WIDE OFF THE NORTH END OF THE ABOVE DESCRIBED PREMISES, AND ADJOINING AND RUNNING PARALLEL WITH THE SOUTH LINE OF THE ERIE RAILROAD COMPANY’S PROPERTY, AND CONTAINING 80/100 OF AN ACRE OF LAND. INTENDING HEREBY TO CONVEY BY THIS DEED TWELVE (12) AND SIXTY-TWO (62) HUNDREDTHS ACRES OF LAND.

EXCEPTING (VOL. 296, PAGE 201):

SITUATED IN THE TOWNSHIP OF FRANKLIN COUNTY OF PORTAGE AND STATE OF OHIO, AND KNOWN AS BEING A PART OF LOT NO. FORTY (40) IN SAID TOWNSHIP AND MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE NORTHERLY LINE OF THE EAST-RAVENNA PUBLIC HIGHWAY, WHICH SAID POINT IS AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID PUBLIC HIGHWAY, WITH THE NORTHERLY LINE OF THE BALTIMORE AND OHIO RAILROAD RIGHT OF WAY; THENCE NORTH 57° 18’ WEST ALONG SAID BALTIMORE & OHIO RAILROAD RIGHT OF WAY, A DISTANCE OF 201.65 FEET TO A POINT; THENCE NORTH 4° 10’ EAST 601.2 FEET TO A POINT IN THE SOUTHERLY LINE OF THE ERIE RAILROAD RIGHT OF WAY; THENCE NORTH 76° 10’ EAST ALONG SAID ERIE RAILROAD RIGHT OF WAY, A DISTANCE OF 620.65 FEET TO A POINT; THENCE SOUTH 5° 7’ WEST A DISTANCE OF 714.30 FEET TO A POINT IN THE NORTHERLY LINE OF SAID KENT-RAVENNA PUBLIC HIGHWAY; THENCE SOUTH 70° 37’ WEST ALONG THE NORTHERLY LINE OF SAID KENT-RAVENNA PUBLIC HIGHWAY, A DISTANCE OF 437.75 FEET TO THE PLACE OF BEGINNING, AND CONTAINING 9.603 ACRES OF LAND. AND IN ADDITION TO THE ABOVE DESCRIBED PREMISES, IT IS THE PURPOSE AND INTENTION OF THIS DEED TO CONVEY THE GRANTEE HEREIN ALL RIGHTS AND INTEREST IN AND TO THE PUBLIC HIGHWAY PASSING SAID PREMISES ON THE SOUTHERLY SIDE, WHICH THE SAID GRANTORS HAVE IN SAID PREMISES.

EXCEPTION (VOL. 296, PAGE 305):

SITUATED IN THE TOWNSHIP OF FRANKLIN, COUNTY OF PORTAGE AND STATE OF OHIO, AND KNOWN AS BEING A PART OF TOWNSHIP LOT NUMBER FORTY (40) AND BOUNDED BY BEGINNING AT A STAKE IN THE NORTHERLY LINE OF THE PRESENT HIGHWAY, RUNNING THROUGH SAID LOT, KNOWN AS LAKE STREET EXTENSION, AT THE SOUTHWESTERLY CORNER OF LANDS NOW OWNED BY SAID GRANTEES, IN SAID LOT, AND RUNNING THENCE NORTH 5° 07’ ALONG THE WEST LINE OF GRANTEES LAND AND SUCH LINE EXTENDED 707.15 FEET TO A STAKE IN THE SOUTHERLY LINE OF ERIE RAILROAD RIGHT OF WAY; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID RIGHT OF WAY 67.35 FEET TO A STAKE; THENCE SOUTH 5° 07’ WEST 714.30 FEET TO THE NORTH LINE OF SAID PRESENT HIGHWAY SEVENTY (70) FEET, TO THE PLACE OF BEGINNING, CONTAINING 1.039 ACRES OF LAND.

ALSO INCLUDING WHATEVER RIGHTS, IF ANY, GRANTORS MAY HAVE OF THE LAND IMMEDIATELY IN FRONT OF SUCH TRACT HEREBY CONVEYED BETWEEN THE PRESENT LINES OF THE PRESENT HIGHWAY AND THE CENTER LINE OF THE OLD HIGHWAY, WHICH WAS HERETOFORE ESTABLISHED AND MAINTAINED IN FRONT OF SAID PROPERTY.

Permanent Parcel Number 12-040-00-00-061-000

(Description available at the Portage County Recorder’s Office)

Also known as: Brady Lake, Lot 40 SW Rear.

The defendants are hereby required to answer and set up any claim that they might have to in said premises or be forever barred, that the Plaintiff be found to have a first and best lien on the said premises for the amount so owing.

Said above named defendants will further take notice that they are required to answer the Complaint on or before August 31, 2023.

BRAD CROMES, PORTAGE COUNTY TREASURER,

Plaintiff

Victor V. Vigluicci, (#0012579), Portage County Prosecutor

By: Christopher J. Meduri, Division Chief Assistant Prosecutor, Attorney for Plaintiff Brad Cromes, Portage County Treasurer, 241 S. Chestnut St., Ravenna, Ohio 44266. (330) 297-3850.

Jul 20, 27; Aug 3, 2023

23-00178

 

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