City of Cleveland Codified Ordinances, Chapter #559

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PART FIVE — MUNICIPAL UTILITIES AND SERVICES CODE

Title IX — Municipal Services

Chapter 559 — Parks

Complete to December 31, 2007

Note: The legislative history of this Chapter, except where specifically noted at the end of a section, is as follows: Ordinance No. 63410-A, passed September 22, 1924.

CROSS REFERENCES

Power to regulate shade trees and shrubbery, RC 715.20

Land appropriation for parks, RC 715.21, 719.01

Municipal parks, RC 715.21, 755.01 et seq.

Assessments for tree planting or maintenance, RC 727.011

Establishment and extension, RC 755.08

Supervision and maintenance of recreational facilities, RC 755.13

Power to regulate vehicle speed, RC 4511.07

Department of Parks, Recreation and Properties, CO Ch 133

Tree injury and destruction prohibited, CO 509.01 et seq.

Littering in parks, CO 613.08

Destruction of shrubs, trees and crops, CO 623.06

559.01 Use of Parks

The parks are constructed and maintained for the use of the public at large, and shall be opened daily to all citizens on absolutely equal terms and none shall be given special privileges therein, or be permitted to make use of them for any purpose not practically common to all and not in consonance with the proper use of the park.

To that end no person shall have or give any musical, theatrical or other entertainment nor shall any military society or other parade, procession, public gathering or meeting of any kind, take place in any of the parks. No person shall in any of the parks or in any refectory, restaurant, building or place on the same, solicit fares, or beg or publicly solicit subscriptions or make any oration, harangue, demonstration or address; nor shall the speakers' stand be used, except upon the written permission of the Director of Public Properties.

559.02 Designation of Cleveland Cultural Gardens

In view of the improvements installed and now existing in Rockefeller Parkway, and with the view to perpetuating the sentimental and historical association established:

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being part of Original 100 Acre Lot Nos. 367, 375-377, 384 and 385 of East Cleveland Township, and bounded and described as follows:

All that portion of Rockefeller Parkway lying between Superior Ave, N. E., on the South, the New York Central Lines, LLC, on the North, except that portion of St. Clair Ave. N. E. lying within these bounds, shall be designated Cleveland Cultural Gardens.

Legal description written in May 2006 by Braun-Prenosil Associates, Inc., by Gregory J. Chatham Professional Surveyor No. 7882, subject to all legal highways and easements of record.

Cleveland Cultural Gardens shall be subdivided into units, bounded and described in the following sections.
(Ord. No. 1610-07. Passed 12-10-07, eff. 12-14-07)

559.03 Polish Garden

Beginning at a point in the westerly line of the upper drive at its point of intersection with the westerly prolongation of the center line of Maury Ave.; thence northerly along the westerly line of the upper drive about 149.00 feet to an iron pipe in the northeasterly corner of the Jugoslav Garden which is the principal place of beginning; thence westerly along the northerly line of the Jugoslav Garden 419.07 feet to an iron pipe in the easterly line of the lower drive; thence northerly along the easterly line of lower drive 176.90 feet to the southerly line of St. Clair Ave.; thence easterly along the southerly line of St Clair Ave. 395.80 feet, to the westerly line of the upper drive; thence southerly along the westerly line of the upper drive 278.60 feet to the principal place of beginning.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.04 Slovenian Garden

Beginning at a point in the westerly line of the upper drive at its point of intersection with the westerly prolongation of the center line of Maury Ave.; thence southerly along the westerly line of the upper drive 108.22 feet to an iron pipe which is also the northeasterly corner of the Czech Garden; thence westerly along the northerly line of the Czech Garden 393.15 feet, to an iron pipe in the easterly line of the lower drive; thence northerly along the easterly line of the lower drive 120.35 feet to an iron pipe in the southwesterly corner of the Polish Garden; thence easterly along the southerly line of the Polish Garden 419.07 feet to an iron pipe in the westerly line of the upper drive; thence southerly along the westerly line of the upper drive about 149.00 feet to the place of beginning.
(Ord. No. 811-95. Passed 6-19-95, eff. 6-28-95)
Note: Pursuant to Ord. No. 811-95, passed 6-19-95, effective 6-28-95, the "Jugoslav Garden" was renamed the "Slovenian Garden."

559.05 Czech Garden

Beginning at an iron pipe in the westerly line of the upper drive, which is also the southeasterly corner of the Jugoslav Garden; thence southerly along the westerly line of the upper drive 272.00 feet to an iron pipe in the northeasterly corner of the Rusin Garden; thence westerly along the northerly line of the Rusin Garden 346.20 feet to an iron pipe in the easterly line of the lower drive; thence northerly along the easterly line of the lower drive 471.90 feet to an iron pipe in the southwesterly corner of the Jugoslav Garden; thence westerly along the southerly line of the Jugoslav Garden 393.15 feet to the place of beginning.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.06 Rusin Garden

Beginning at an iron pipe in the westerly line of the upper drive which is also the southeasterly corner of the Czech Garden; thence southerly along the westerly line of the upper drive 341.00 feet to an iron pipe in the northeasterly corner of the Slovak Garden; thence westerly along the northerly line of the Slovak Garden 389.53 feet to an iron pipe in the easterly line of the lower drive; thence northerly along the easterly line of the lower drive 349.10 feet to an iron pipe in the southwesterly corner of the Czech Garden; thence easterly along the southerly line of the Czech Garden 346.20 feet to the place of beginning.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.07 Slovak Garden

Beginning at an iron pipe in the westerly line of the upper drive which is also the southeasterly corner of the Rusin Garden; thence southerly along the westerly line of the upper drive 552.40 feet to an iron pipe in the northerly line of the park drive (known as Pollock Hill) connecting the upper and lower drives; thence westerly along the northerly line of the so-called connecting drive to an iron pipe in the easterly line of the lower drive; thence northerly along the easterly line of the lower drive 417.10 feet to an iron pipe in the southwesterly corner of the Rusin Garden; thence easterly along the southerly line of the Rusin Garden 389.53 feet to the place of beginning.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.08 Italian Garden

Beginning at a stone monument in the easterly line of the upper drive in Rockefeller Park at its intersection with the center line of Parkgate Ave., N. E.; thence westerly along the prolongation of the center line of Parkgate Ave., N. E., 40.85 feet to a point; thence on a line deflecting to the left 92 degrees 26 minutes 40 seconds 87.83 feet to an iron pipe in the westerly line of the upper drive which is the principal place of beginning; thence southerly along the arc of a circle whose chord deflects to the left 1 degree 16 minutes 00 seconds 50.00 feet to an iron pipe, said arc having a radius of 786.03 feet, and a chord which measures 50 feet; thence on a line deflecting to the right from the chord of said arc produced 82 degrees 25 minutes 00 seconds 307.35 feet, to an iron pipe in the easterly line of the lower drive in said park; thence northerly along the easterly line of the lower drive 95.90 feet to an iron pipe in the southerly line of a 20 foot drive connecting the upper and lower drives in said park (said drive being opposite the westerly end of Parkgate Ave., N. E., and being commonly known as Pollock Hill); thence continuing along the southerly side of said 20 foot drive to an iron pipe in the westerly line of the upper drive; thence southerly along said westerly line 53.08 feet to the principal place of beginning.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.09 Grecian Garden

Beginning at an iron pipe in the westerly line of the upper drive which point is also the southeasterly corner of the Italian Garden; thence southerly along the westerly line of the upper drive 165.90 feet to an iron pipe in the northeasterly corner of the Lithuanian Garden; thence westerly along the northerly line of the Lithuanian Garden 223.55 feet to an iron pipe in the easterly line of the lower drive; thence northerly along the easterly line of the lower drive 262.30 feet to an iron pipe in the southwesterly corner of the Italian Garden; thence easterly along the southerly line of the Italian Garden 307.35 feet to the place of beginning.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.10 Lithuanian Garden

Beginning at an iron pipe in the westerly line of the upper drive, which is also the southeasterly corner of the Grecian Garden; thence southerly along the westerly line of the upper drive 218.00 feet to an iron pipe in the northeasterly corner of the German Garden; thence westerly along the northerly line of the German Garden 225.26 feet to an iron pipe in the easterly line of the lower drive; thence northerly along the easterly line of the lower drive 201.90 feet to an iron pipe in the southwesterly corner of the Grecian Garden; thence easterly along the southerly line of the Grecian Garden 223.55 feet to the place of beginning.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.11 German Garden

Beginning at an iron pipe in the westerly line of the upper drive, which is also the southeasterly corner of the Lithuanian Garden; thence southerly along the westerly line of the upper drive 502.80 feet to an iron pipe in the northeasterly corner of the Hungarian Garden; thence westerly along the northerly line of the Hungarian Garden 359.70 feet to an iron pipe in the easterly line of the lower drive; thence northerly along the easterly line of the lower drive 480.80 feet to an iron pipe in the southwesterly corner of the Lithuanian Garden; thence easterly along the southerly line of the Lithuanian Garden 225.26 feet to the place of beginning.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.12 Hungarian Garden

Beginning at an iron pipe in the westerly line of the upper drive, which is also the southeasterly corner of the German Garden; thence southerly along the easterly line of the upper drive 245.85 feet to an iron pipe in the northeasterly corner of the Shakespeare Garden Theater; thence westerly along the northerly line of the Shakespeare Garden Theater 326.30 feet to an iron pipe in the easterly line of the lower drive; thence northerly along the easterly line of the lower drive 248.20 feet to an iron pipe in the southwesterly corner of the German Garden, thence easterly along the southerly line of the German Garden 359.70 feet to the place of beginning.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.13 Shakespeare Garden

That portion of Rockefeller Parkway lying east of the upper drive, between North Blvd. and East 98th St., shall be designated the Shakespeare Garden.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.14 Shakespeare Garden Theater

Beginning at a point in the westerly line of the upper drive at its point of intersection with the westerly prolongation of the main axis of the Shakespeare Garden; thence southerly along the westerly line of the upper drive 246.85 feet to an iron pipe in the northeasterly corner of the Hebrew Garden; thence westerly along the northerly line of the Hebrew Garden 271.54 feet to an iron pipe in the easterly line of the lower drive; thence northerly along the easterly line of the lower drive 343.30 feet to an iron pipe in the southwesterly corner of the Hungarian Garden; thence easterly along the southerly line of the Hungarian Garden, (which southerly line is 25 feet northerly by rectangular measurement and parallel to the westerly prolongation of the main axis of the Shakespeare Garden) 326.30 feet to an iron pipe in the westerly line of the upper drive; thence southerly along the westerly line of the upper drive 25.00 feet to the place of beginning.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.15 Hebrew Garden

Beginning at a stone monument at the point of intersection of the center line of East 102nd St. with the center line of Olivet Ave.; thence westerly along the center line of said Olivet Ave., 839.62 feet to a stone monument in the center line of East 99th St.; thence northerly along the center line of said East 99th St. 18.00 feet to a point; thence westerly at right angles to the center line of East 99th St. 332.11 feet to a point; thence northwesterly on a line deflecting to the right 59 degrees 08 minutes 30 seconds, 351.08 feet to an iron pipe in the westerly line of the upper drive, which point is the principal place of beginning and is also the northeasterly corner of the Syrian Garden; thence westerly along the northerly line of the Syrian Garden 276.50 feet to an iron pipe in the easterly line of the lower drive; thence northerly along the easterly line of the lower drive 358.00 feet to an iron pipe in the southwesterly corner of the Shakespeare Garden Theater; thence easterly along the southerly line of the Shakespeare Garden Theater 271.54 feet to an iron pipe in the westerly line of the upper drive; thence southerly along the westerly line of the upper drive 333.20 feet to the principal place of beginning.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.16 Syrian Garden

Beginning at an iron pipe in the westerly line of the upper drive which is also the southeasterly corner of the Hebrew Garden; thence southerly along the westerly line of the upper drive on the arc of a circle deflecting to the right 130.5 feet to an iron pipe in the northeasterly corner of the American Colonial Garden; said arc is subtended by a chord of 129.63 feet; thence on a line deflecting to the right 126 degrees 30 minutes 00 seconds from a chord of said arc produced 104.00 feet to an angle point; thence on a line deflecting to the left 71 degrees 48 minutes 00 seconds, 225.80 feet to an iron pipe in the easterly line of the lower drive; thence northerly along the easterly line of the lower drive 216.56 feet to an iron pipe in the southwesterly corner of the Hebrew Garden, thence easterly along the southerly line of the Hebrew Garden 276.50 feet to the place of beginning.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.17 American Colonial Garden

Beginning at an iron pipe in the westerly line of the upper drive which is also the southeasterly corner of the Syrian Garden; thence southerly along the westerly line of the upper drive about 763.00 feet to a point in the northeasterly line of the park drive connecting the upper and lower drives; thence northwesterly along the northeasterly line of the so-called connecting park drive about 425.00 feet to a point in the easterly line of the lower drive; thence northerly along the easterly line of the lower drive about 208.00 feet to a point in the southwesterly corner of the Syrian Garden; thence northeasterly along the southeasterly line of the Syrian Garden 225.80 feet to an angle point; thence southeasterly along the southwesterly line of the Syrian Garden 104.00 feet to the place of beginning.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.18 Irish Garden

Beginning at a point in the easterly line of the lower drive at its point of intersection with the northerly line of Superior Ave.; thence northerly along the easterly line of the lower drive about 665.00 feet to a point in the southwesterly line of the park drive connecting the lower and upper drives; thence southeasterly along the southwesterly line of the so-called connecting park drive about 425.00 feet to a point in the westerly line of the upper drive; thence southerly along the westerly line of the upper drive and East 99th St. about 350.00 feet to the northerly line of Superior Ave.; thence westerly along the northerly line of Superior Ave. about 75.00 feet to the place of beginning.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.19 American Legion Peace Garden

All of that portion of Rockefeller Park between East 99th St. and the upper boulevard and extending northerly to the extension westerly of the northerly line of Tanner Ave., and all that portion of Rockefeller Parkway that lies north of Superior Ave. between East 99th and East 102nd St.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.20 Ukranian Garden

Beginning at an iron pipe in the easterly line of the lower drive which is the northwesterly corner of the Lithuanian Garden; thence westerly along the westerly prolongation of the northerly line of said Lithuanian Garden 42.00 feet to an iron pipe in the westerly line of said lower drive which is the principal place of beginning; thence northerly along the westerly line of the lower drive on the arc of a circle deflecting to the left 202.00 feet to an iron pipe; said arc of a circle is subtended by a chord measuring 201.26 feet; thence westerly on a line deflecting to the left 86 degrees 03 minutes 00 seconds with the chord of said last described course, produced 86.12 feet to an iron pipe at the top of the east bank of Doan Creek; thence southerly along the top of the east bank of said Doan Creek about 365.00 feet to an iron pipe in the northerly line of a park drive; thence easterly along the northerly line of said park drive and the westerly line of the lower drive about 180.00 feet to the principal place of beginning.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.21 Finnish Garden

Beginning at an iron pipe in the easterly line of the lower drive which is the northwesterly corner of the Syrian Garden; thence westerly by rectangular measurement with the chord of the westerly curved line of said Syrian Garden, 42.75 feet to an iron pipe on the westerly side of said lower drive; thence northerly along a line deflecting to the right 88 degrees 35 minutes 00 seconds with the westerly prolongation of said last described course, 122.00 feet to an iron pipe, which point is the principal place of beginning, said iron pipe being 0.80 feet westerly from a drill hole set in the westerly curb of said lower drive; thence westerly by rectangluar measurement 82.00 feet to an iron pipe at the top of the bank; thence northerly by rectangular measurement 50.00 feet to an iron pipe at the top of the bank; thence continuing northerly making an inside angle of 177 degrees 38 minutes 00 seconds with said last described course 50.15 feet to an iron pipe at the top of the bank; thence easterly making an inside angle of 92 degrees 22 minutes 00 seconds with said last described course 82.00 feet to an iron pipe; that is 1.30 feet westerly from a drill hole set in the westerly curb of the aforesaid lower drive; thence southerly making an inside angle of 87 degrees 38 minutes 00 seconds with said last described course 50.00 feet to an iron pipe, that is 1.00 feet westerly from a drill hole set in the westerly curb of the aforesaid lower drive; thence continuing southerly making an inside angle of 182 degrees 22 minutes 00 seconds with said last described course 50.00 feet to the principal place of beginning.
(Ord. No. 109-56. Passed 2-11-57, eff. 2-13-57)

559.22 Estonian Garden

Beginning at an iron pin in the westerly line of Liberty Blvd. which is at the northeasterly corner of the Finnish Garden, said pin being 1.30 feet westerly from a drill hole set in the westerly concrete curb of said Liberty Blvd.; thence northerly making an inside angle of 94 degrees, 12 minutes, 00 seconds with the northerly line of said Finnish Garden, 115.00 feet to an iron pin that is 1.30 feet westerly from a drill hole set in the aforesaid westerly concrete curb line; thence continuing northerly making an inside angle with said last described course 182 degrees, 00 minutes, 00 seconds, 115.00 feet to an iron pin that is 2.00 feet westerly from a drill hole set in said westerly concrete curb; thence westerly making an inside angle of 110 degrees, 00 minutes, 00 seconds with said last described course 57.00 feet to an iron pin that is about 10.00 feet easterly from the easterly retaining wall of Doan Creek; thence southerly and being parallel with said retaining wall about 275.00 feet to an iron pin in the direct westerly prolongation of the aforesaid northerly line of the Finnish Garden; thence easterly along said prolongation and the northerly line of the Finnish Garden 133.00 feet to the place of beginning.
(Ord. No. 2342-59. Passed 11-23-59, eff. 11-24-59)

559.23 Romanian Garden

Bounded northwesterly by the southeasterly line of St. Clair Ave., N. E.; bounded easterly by the westerly line of Liberty Blvd. and bounded southwesterly by the northeasterly line of the Park Ramp leading from Liberty Blvd. to St. Clair Ave., N.E.
(Ord. No. 1130-64. Passed 6-22-64, eff. 6-24-64)

559.231 African-American Garden

Situated in Cleveland, and being parts of Original 100 Acre Lot Nos. 367 and 375 and together bounded and described as follows:

Bounded on the north by the southerly line of the ramp leading to St. Clair Avenue N.E. from Liberty Boulevard; bounded on the west by the easterly line of Wheelock Road N.E.; bounded on the south by a line parallel with and being south 1,000 feet equi-distant from the southerly line of St. Clair Avenue N.E. and bounded on the east by the westerly curb line of Liberty Boulevard and containing approximately 4 acres of land.
(Ord. No. 1548-A-76. Passed 8-1-77, eff. 8-2-77)

559.232 India Garden

Bounded northerly by the southerly line of the Finnish Garden; bounded easterly by the westerly line of Liberty Boulevard; bounded southerly by a line that is parallel and 200.00 feet southerly measured at right angles from said southerly line of the Finnish Garden and bounded westerly by a line that is 10.00 feet easterly and parallel with the easterly stone wall of Doan Creek.
(Ord. No. 2148-80. Passed 12-15-80, eff. 12-17-80)

559.233 Chinese Garden

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being a part of Original 100 Acre Lot No. 402 and bounded and described as follows:

Beginning at a stone monument marking the intersection of the centerline of East 105th Street, 60 feet wide, with the centerline of Park Lane N.E., 30 feet wide; thence due north 280.00 feet along said centerline of East 105th Street to a point; thence due east 250.00 feet to a point for the principal place of beginning of the premises herein intended to be described; thence continuing due east about 57.70 feet to the intersection with the southwesterly edge of a bituminous concrete sidewalk; thence southeasterly about 184.00 feet following said southwesterly edge of the bituminous sidewalk to its intersection with a line parallel to and distant southerly 125.00 feet, at right angles, from the 3rd course above; thence due west about 192.00 feet; thence due north 125.00 feet to the principal place of beginning, be the same more or less, but subject to all legal highways.

The bearings used in the above description are to an assumed meridian and are used to indicate directions.
(Ord. No. 311-85. Passed 4-1-85, eff. 4-2-85)

559.234 Scottish Garden

LEGAL DESCRIPTION OF SCOTTISH GARDEN

Beginning on the Westerly line of Martin Luther King Jr. Drive (formerly Liberty Boulevard), at the South-easterly corner of the India Garden;

Thence Westerly, along the Southerly line of the India Garden to the Easterly line of Doan Creek;

Thence Southerly, along the Easterly line of Doan Creek to its intersection with the Westerly line of Martin Luther King Jr. Drive;

Thence Northerly, along the Westerly line of Martin Luther King Jr. Drive to the place of beginning.
(Ord. No. 1503-92. Passed 11-23-92, eff. 11-30-92)

559.235 Latvian Garden

0.6036 ACRES

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being part of Original 100 Acre Lot No. 367 of East Cleveland Township, and also contained within Section “A”. Brookway Division of Rockefeller Park, and bounded and described as follows:

Beginning at the intersection of St. Clair Street, N.E., 80 feet wide, with the East line of said Original 100 Acre Lot No. 367, a 5/8″ iron pin monument box found and used;

Thence South 58° 43′ 50″ West, along the centerline of said St. Clair Street, N.E. a distance of 744.20 feet to the centerline intersection of Dr. Martin Luther King, Jr. Drive, a private road within said Rockefeller Park, which point of intersection is in the centerline of a bridge over passing said Martin Luther King Drive;

Thence South 32° 14′ 33″ East, along the centerline of said Dr. Martin Luther King. Jr. Drive, a distance of 90.09 feet to a point of curvature;

Thence along the centerline of said Dr. Martin Luther King, Jr. Drive, along a curve deflecting to the right, having a radius of 1350.00 feet, a central angle of 27° 35′ 12″, an arc of 650.00 feet, a chord of 643.74 feet, which bears South 18° 26′ 56″ East to a point of tangency;

Thence South 4° 39′ 20″ East, along the centerline of said Dr. Martin Luther King, Jr. Drive, a distance of 180.00 feet to a point of curvature;

Thence along the centerline of said Dr. Martin Luther King, Jr. Drive, along a curve deflecting to the left, having a radius of 1200.00 feet, a central angle of 33° 25′ 21″, an arc of 700.00 feet, a chord of 690.12 feet, which bears South 21° 22′ 01″ East to a point of tangency;

Thence South 38° 04′ 41″ East, along the centerline of said Dr. Martin Luther King, Jr. Drive, a distance of 200.00 feet to a point of curvature;

Thence along the centerline of said Dr. Martin Luther King. Jr. Drive, along a curve deflecting to the right, having a radius of 1150.00 feet, a central angle of 15° 56′ 35″, an arc of 320.00 feet, a chord of 318.97 feet, which bears South 30° 06′ 24″ East to a point of reverse curvature;

Thence along the centerline of said Dr. Martin Luther King, Jr. Drive, along a curve deflecting to the left, having a radius of 2800.00 feet, a central angle of 3° 12′ 17″, an arc of 156.61 feet, a chord of 156.59 feet, which bears South 23° 44′ 15″ East;

Thence radial from said centerline South 64° 39′ 37″ West a distance of 35.00 feet to the principal place of beginning of the land herein intended to be described, a capped 5/8″ iron pin set;

Thence along a curve deflecting to the left, parallel to and 35.00 feet West of the centerline of said Dr. Martin Luther King, Jr. Drive, having a radius of 2835.00 feet, a central angle of 1° 49′ 04″, an arc of 89.94 feet, a chord of 89.94 feet, which bears South 26° 14′ 55″ East to a capped 5/8″ iron pin set;

Thence South 24° 21′ 48″ East a distance of 130.06 feet to a capped 5/8″ iron pin set;

Thence South 60° 13′ 29″ West a distance of 84.00 feet to the East bank of Doan Creek a capped 5/8″ iron pin set;

Thence along the East bank of Doan Creek the following four (4) courses and distances, each to a capped 5/8″ iron pin set;

Along a curve deflecting to the left, having a radius of 1500.00 feet, a central angle of 3° 52′ 13″, an arc of 101.32 feet, a chord of 101.31 feet, which bears North 64° 36′ 42″ West;

North 41° 00′ 55″ West a distance of 29.87 feet;

North 7° 34′ 37″ East a distance of 41.75 feet;

Along a curve deflecting to the left, having a radius of 675.00 feet, a central angle of 9° 38′ 39″, an arc of 113.62 feet, a chord of 113.48 feet, which bears North 16° 44′ 15″ East;

Thence North 64° 39′ 37″ East a distance of 58.00 feet to the principal place of beginning and containing 0.6036 acres of land, according to the survey of March 2006 by Braun-Prenosil Associates, Inc., by Gregory J. Chatham Professional Surveyor No. 7882 be the same more or less but subject to all legal highways and easements of record.

Bearings are based on the centerline of St. Clair Street, N.E. (South 58° 43′ 50″ West) as recorded in deed Vol. 660, Pg. 288 of Cuyahoga County Records and are used to denote angles only.

All pins set are 30-inch long by 5/8-inch diameter rebar with caps imprinted “Braun-Prenosil Assoc.”
(Ord. No. 1062-06, § 3. Passed 12-11-06, eff. 12-15-06)

559.236 Azerbaijan Garden

0.4992 ACRES

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being part of Original 100 Acre Lot No. 367 of East Cleveland Township, and also contained within Section “A”, Brookway Division of Rockefeller Park, and bounded and described as follows:

Beginning at the intersection of St. Clair Street, N.E., 80 feet wide, with the East line of said Original 100 Acre Lot No. 367, a 5/8″ iron pin monument box found and used;

Thence North 32° 14′ 33″ West, along the centerline of said Dr. Martin Luther King, Jr. Drive, a distance of 34.91 feet to a point of curvature;

Thence along the centerline of said Dr. Martin Luther King, Jr. Drive, along a curve deflecting to the right, having a radius of 790.00 feet, a central angle of 50° 02′ 35″, an arc of 690.00 feet, a chord of 668.28 feet, which bears North 7° 13′ 15″ West to a point of tangency;

Thence North 17° 48′ 03″ East, along the centerline of said Dr. Martin Luther King, Jr. Drive, a distance of 170.84 feet;

Thence at right angles from said centerline South 72° 11′ 57″ East a distance of 35.00 feet to the principal place of beginning of the land herein intended to be described, a capped 5/8″ iron pin set;

Thence North 17° 48′ 03″ East, parallel to and 35.00 feet East of the centerline of said Dr. Martin Luther King, Jr. Drive, a distance of 26.77 feet to a capped 5/8″ iron pin set;

Thence North 37° 52′ 45″ East a distance of 45.76 feet to a capped 5/8″ iron pin set;

Thence parallel to and approximately 14.5′ West of the edge of pavement of an existing private drive the following two (2) courses and distances, each to a capped 5/8″ iron pin set;

Along a curve deflecting to the right, having a radius of 207.00 feet, a central angle of 19° 33′ 48″ an arc of 70.68 feet, a chord of 70.34 feet, which bears South 29° 44′ 21″ East;

South 16° 52′ 50″ East a distance of 42.22 feet;

Thence South 31° 47′ 43″ East a distance of 18.18 feet to a capped 5/8″ iron pin set;

Thence parallel to and approximately 9′ West of the edge of pavement of an existing private drive South 9° 21′ 35″ East a distance of 157.86 feet to a capped 5/8″ iron pin set;

Thence South 77° 34′ 33″ West a distance of 88.86 feet to the East bank of Doan Creek, a capped 5/8″ iron pin set;

Thence along the East bank of Doan Creek, along a curve deflecting to the right, having a radius of 825.00 feet, a central angle of 9° 28′ 14″, an arc of 136.37 feet, a chord of 136.21 feet, which bears North 8° 44′ 07″ West to a capped 5/8″ iron pin set;

Thence North 6° 41′ 29″ West a distance of 96.22 feet to the principal place of beginning and containing 0.4992 acres of land, according to the survey of March 2006 by Braun-Prenosil Associates, Inc., by Gregory J. Chatham Professional Surveyor No. 7882 be the same more or less but subject to all legal highways and easements of record.

Bearings are based on the centerline of St. Clair Street, N.E. (South 58° 43′ 50″ West) as recorded in deed Vol. 660, Pg. 288 of Cuyahoga County Records and are used to denote angles only.

All pins set are 30-inch long by 5/8-inch diameter rebar with caps imprinted “Braun-Prenosil Assoc.”
(Ord. No. 1062-06, § 3. Passed 12-11-06, eff. 12-15-06)

559.237 Serbian Garden

1.4314 ACRES

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being part of Original 100 Acre Lot No. 367 of East Cleveland Township, and also contained within Section “A”, Brookway Division of Rockefeller Park, and bounded and described as follows:

Beginning at the intersection of St. Clair Street, N.E., 80 feet wide, with the East line of said Original 100 Acre Lot No. 367, a 5/8″ iron pin monument box found and used;

Thence North 32° 14′ 33″ West, along the centerline of said Dr. Martin Luther King, Jr. Drive a distance of 34.91 feet to a point of curvature;

Thence along the centerline of said Dr. Martin Luther King, Jr. Drive, along a curve deflecting to the right, having a radius of 790.00 feet, a central angle of 20° 46′ 13″, an arc of 286.38 feet, a chord of 284.82 feet, which bears North 21° 51′ 26″ West;

Thence radial from said centerline South 78° 31′ 40″ West a distance of 35.00 feet to the principal place of beginning of the land herein intended to be described, a capped 5/8″ iron pin set;

Thence the following five (5) courses and distances, each to a capped 5/8″ iron pin set;

South 78° 00′ 47″ West a distance of 100.00 feet;

North 11° 59′ 13″ West a distance of 50.00 feet;

North 0° 32′ 02″ East a distance of 480.00 feet;

North 24° 50′ 26″ East a distance of 80.00 feet;

South 65° 09′ 34″ East a distance of 140.00 feet to a point that is 35.00 feet at right angles from the centerline of said Dr. Martin Luther King, Jr. Drive;

Thence South 17° 48′ 0″ East, parallel to and 35.00 feet East of the centerline of said Dr. Martin Luther King, Jr. Drive, a distance of 110.92 to a capped 5/8″ iron pin set;

Thence along a curve deflecting to the left, parallel to and 35.00 feet West of the centerline of said Dr. Martin Luther King, Jr. Drive, having a radius of 825.00 feet, a central angle of 29° 16′ 23″, an arc of 421.50 feet, a chord of 416.93 feet, which bears South 3° 09′ 51″ West to the principal place of beginning and containing 1.4314 acres of land, according to the survey of March 2006 by Braun-Prenosil Associates, Inc., by Gregory J. Chatham Professional Surveyor No. 7882 he the same more or less but subject to all legal highways and easements of record.

Bearings are based on the centerline of St. Clair Street, N.E. (South 58° 43′ 50″ West) as recorded in deed Vol. 660, Pg. 288 of Cuyahoga County Records and are used to denote angles only.

All pins set are 30-inch long by 5/8-inch diameter rebar with caps imprinted “Braun-Prenosil Assoc.”
(Ord. No. 1062-06, § 3. Passed 12-11-06, eff. 12-15-06)

559.238 Future Garden at 691 Martin Luther King, Jr. Boulevard

PROPOSED GARDEN SITE

1.1765 ACRES

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being part of Original 100 Acre Lot No. 367 of East Cleveland Township, and also contained within Section “A”, Brookway Division of Rockefeller Park, and bounded and described as follows:

Beginning at the intersection of St. Clair Street, N.E., 80 feet wide, with the East line of said Original 100 Acre Lot No. 367, a 5/8″ iron pin monument box found and used;

Thence North 32° 14′ 33″ West, along the centerline of said Dr. Martin Luther King, Jr. Drive, a distance of 34.91 feet to a point of curvature;

Thence North 17° 48′ 03″ East, along the centerline of said Dr. Martin Luther King, Jr. Drive, a distance of 275.00 feet to a point of curvature;

Thence along the centerline of said Dr. Martin Luther King, Jr. Drive, along a curve deflecting to the left, having a radius of 1000.00 feet, a central angle of 50° 54′ 20″, an arc of 888.47 feet, a chord of 859.53 feet, which bears North 7° 39′ 07″ West;

Thence radial from said centerline North 56° 53′ 45″ East a distance of 35.00 feet to the East bank of Doan Creek, the principal place of beginning of the land herein intended to be described, a capped 5/8″ iron pin set;

Thence along the following two (2) courses and distances, each to a capped 5/8″ iron pin set;

North 4° 09′ 16″ East a distance of 197.50 feet;

South 74° 06′ 04″ East a distance of 154.76 feet;

Thence parallel to and approximately 15′ West and North of the edge of pavement of an existing private drive the following four (4) courses and distances, each to a capped 5/8″ iron pin set;

Along a curve deflecting to the left, having a radius of 210.00 feet, a central angle of 31° 38′ 50″, an arc of 115.99 feet, a chord of 114.52 feet, which bears South 15° 39′ 29″ West;

Along a curve deflecting to the right, having a radius of 150.00 feet, a central angle of 38° 04′ 30″, an arc of 99.68 feet, a chord of 97.86 feet, which bears South 18° 52′ 18″ West;

Along a curve deflecting to the right, having a radius of 100.00 feet, a central angle of 77° 32′ 34″, an arc of 135.34 feet, a chord of 125.24 feet, which bears South 76° 40′ 50″ West;

North 50° 27′ 26″ West a distance of 56.65 feet to a point that is 35.00 feet radial from the centerline of said Dr. Martin Luther King, Jr. Drive;

Thence along a curve deflecting to the left, parallel to and 35.00 feet East of the centerline of said Dr. Martin Luther King, Jr. Drive, having a radius of 1035.00 feet, a central angle of 5° 52′ 14″, an arc of 106.05 feet, a chord of 106.00 feet, which bears North 30° 10′ 10″ West to the principal place of beginning and containing 1.1765 acres of land, according to the survey of March 2006 by Braun-Prenosil Associates, Inc., by Gregory J. Chatham Professional Surveyor No. 7882 be the same more or less but subject to all legal highways and easements of record.

Bearings are based on the centerline of St. Clair Street, N.E. (South 58° 43′ 50″ West) as recorded in deed Vol. 660, Pg. 288 of Cuyahoga County Records and are used to denote angles only. All pins set are 30-inch long by 5/8-inch diameter rebar with caps imprinted “Braun-Prenosil Assoc.”

Gregory J. Chatham—Professional Surveyor No. 7882.
(Ord. No. 1062-06, § 3. Passed 12-11-06, eff. 12-15-06)

559.239 Future Garden at 710 Martin Luther King, Jr. Boulevard

PROPOSED GARDEN SITE

1.4378 ACRES

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being part of Original 100 Acre Lot No. 367 of East Cleveland Township, and also contained within Section “A”, Brookway Division of Rockefeller Park, and bounded and described as follows:

Beginning at the intersection of St. Clair Street, N.E., 80 feet wide, with the East line of said Original 100 Acre Lot No. 367, a 5/8″ iron pin monument box found and used;

Thence North 32° 14′ 33″ West, along the centerline of said Dr. Martin Luther King, Jr. Drive, a distance of 34.91 feet to a point of curvature;

Thence North 17° 48′ 03″ East, along the centerline of said Dr. Martin Luther King, Jr. Drive, a distance of 275.00 feet to a point of curvature;

Thence along the centerline of said Dr. Martin Luther King, Jr. Drive, along a curve deflecting to the left, having a radius of 1000.00 feet, a central angle of 3° 07′ 59″, an arc of 54.68 feet, a chord of 54.68 feet, which bears North 16° 14′ 03″ East;

Thence radial from said centerline North 75° 19′ 56″ West a distance of 35.00 feet to the principal place of beginning of the land herein intended to be described, a capped 5/8″ iron pin set;

Thence continuing North 75° 19′ 56″ West a distance of 81.00 feet to the East bank of Doan Creek a capped 5/8″ iron pin set;

Thence along the East bank of Doan creek the following six (6) courses and distances, each to a capped 5/8″ iron pin set;

North 9° 30′ 00″ East a distance of 53.45 feet;

North 6° 03′ 51″ West a distance of 60.34 feet;

North 9° 43′ 10″ East a distance of 128.29 feet;

Along a curve deflecting to the left, having a radius of 82.00 feet, a central angle of 46° 07′ 12″, an arc of 66.01 feet, a chord of 64.24 feet, which bears North 22° 33′ 55″ West;

Along a curve deflecting to the right, having a radius of 129.50 feet, a central angle of 68° 54′ 46″, an arc of 155.76 feet, a chord of 146.54 feet, which bears North 26° 01′ 40″ West;

Along a curve deflecting to the left, having a radius of 240.00 feet, a central angle of 20° 46′ 00″, an arc of 86.99 feet, a chord of 86.51 feet, which bears North 0° 35′ 33″ East;

Thence North 69° 41′ 25″ East a distance of 121.31 feet to a point that is 35.00 feet radial from the centerline of said Dr. Martin Luther King, Jr. Drive a capped 5/8″ iron pin set;

Thence along a curve deflecting to the right, parallel to and 35.00 feet West of the centerline of said Dr. Martin Luther King, Jr. Drive, having a radius of 965.00 feet, a central angle of 34° 58′ 39″, an arc of 589.11 feet, a chord of 580.00 feet, which bears South 2° 49′ 16″ East to the principal place of beginning and containing 1.4378 acres of land, according to the survey of March 2006 by Braun-Prenosil Associates, Inc., by Gregory J. Chatham Professional Surveyor No. 7882 he the same more or less but subject to all legal highways and easements of record.

Bearings are based on the centerline of St. Clair Street, N.E. (South 58° 43′ 50″ West) as recorded in deed Vol. 660. Pg. 288 of Cuyahoga County Records and are used to denote angles only.

All pins set are 30-inch long by 5/8-inch diameter rebar with caps imprinted “Braun-Prenosil Assoc.”
(Ord. No. 1062-06, § 3. Passed 12-11-06, eff. 12-15-06)

559.240 Future Garden at 711 Martin Luther King, Jr. Boulevard

PROPOSED GARDEN SITE

0.4691 ACRES

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being part of Original 100 Acre Lot No. 367 of East Cleveland Township, and also contained within Section “A”, Brookway Division of Rockefeller Park, and bounded and described as follows:

Beginning at the intersection of St. Clair Street, N.E., 80 feet wide, with the East line of said Original 100 Acre Lot No. 367, a 5/8″ iron pin monument box found and used;

Thence North 32° 14′ 33″ West, along the centerline of said Dr. Martin Luther King, Jr. Drive, a distance of 34.91 feet to a point of curvature;

Thence North 17° 48′ 03″ East, along the centerline of said Dr. Martin Luther King, Jr. Drive, a distance of 275.00 feet to a point of curvature;

Thence along the centerline of said Dr. Martin Luther King, Jr. Drive, along a curve deflecting to the left, having a radius of 1000.00 feet, a central angle of 19° 49′ 18″, an arc of 345.95 feet, a chord of 344.23 feet, which bears North 7° 53′ 24″ East;

Thence radial from said centerline North 87° 58′ 45″ East a distance of 35.00 feet to the principal place of beginning of the land herein intended to be described, a capped 5/8″ iron pin set;

Thence North 70° 59′ 27″ East a distance of 115.00 feet to a capped 5/8″ iron pin set;

Thence South 6° 27′ 14″ East a distance of 210.00 feet to a capped 5/8″ iron pin set;

Thence North 83°53′56″ West a distance of 115.00 feet to the principal place of beginning and containing 0.4691 acres of land, according to the survey of March 2006 by Braun-Prenosil Associates, Inc., by Gregory J. Chatham Professional Surveyor No. 7882 be the same more or less but subject to all legal highways and easements of record.

Bearings are based on the centerline of St. Clair Street, N.E. (South 58° 43′ 50″ West) as recorded in deed Vol. 660, Pg. 288 of Cuyahoga County Records and are used to denote angles only.

All pins set are 30-inch long by 5/8-inch diameter rebar with caps imprinted “Braun-Prenosil Assoc.”
(Ord. No. 1062-06, § 3. Passed 12-11-06, eff. 12-15-06)

559.241 Armenian Garden

0.7205 ACRES

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being part of Original 100 Acre Lot No. 367 of East Cleveland Township, and also contained within Section “A”, Brookway Division of Rockefeller Park, and bounded and described as follows:

Beginning at the intersection of St. Clair Street, N.E., 80 feet wide, with the East line of said Original 100 Acre Lot No. 367, a 5/8″ iron pin monument box found and used;

Thence North 32° 14′ 33″ West, along the centerline of said Dr. Martin Luther King, Jr. Drive, a distance of 34.91 feet to a point of curvature;

Thence along the centerline of said Dr. Martin Luther King, Jr. Drive, along a curve deflecting to the right, having a radius of 790.00 feet, a central angle of 50° 02′ 35″ an are of 690.00 feet, a chord of 668.28 feet, which bears North 7° 13′ 15″ West to a point of tangency;

Thence North 17° 48′ 03″ East, along the centerline of said Dr. Martin Luther King, Jr. Drive, a distance of 275.00 feet to a point of curvature;

Thence along the centerline of said Dr. Martin Luther King, Jr. Drive, along a curve deflecting to the left, having a radius of 1000.00 feet, a central angle of 10° 09′ 23″ an are of 177.26 feet, a chord of 177.03 feet, which bears North 12° 43′ 21″ East;

Thence radial from said centerline South 82° 21′ 21″ East a distance of 35.00 feet to the principal place of beginning of the land herein intended to be described, a capped 5/8″ iron pin set;

Thence continuing South 82° 21′ 21″ East a distance of 115.00 feet to a capped 5/8″ iron pin set;

Thence South 1° 00′ 40″ West a distance of 244.07 feet to a capped 5/8″ iron pin set;

Thence South 42° 55′ 17″ East a distance of 33.90 feet to the Northeast corner of Proposed Garden #30, a capped 5/8″ iron pin set;

Thence South 61° 34′ 42″ West, along the North line of said Proposed Garden #30, a distance of 80.00 feet to the Northwest corner thereof, a capped 5/8″ iron pin set;

Thence parallel to and approximately 5.5′ East of the edge of pavement of an existing private drive the following two (2) courses and distances, each to a capped 5/8″ iron pin set;

Along a curve deflecting to the left, having a radius of 1053.00 feet, a central angle of 1° 59′ 34″, an arc of 36.62 feet, a chord of 36.62 feet, which bears North 13° 15′ 59″ West;

Along a curve deflecting to the left, having a radius of 222.00 feet, a central angle of 38° 20′ 29″, an arc of 148.56 feet, a chord of 145.80 feet, which bears North 31° 13′ 33″ West;

Thence North 7° 16′ 35″ East a distance of 126.10 feet to a point that is 35.00 feet radial from the centerline of said Dr. Martin Luther King, Jr. Drive;

Thence along a curve deflecting to the left, parallel to and 35.00 feet East of the centerline of said Dr. Martin Luther King, Jr. Drive, having a radius of 1035.00 feet, a central angle of 2° 03′ 43″, an arc of 37.25 feet, a chord of 37.25 feet, which bears North 8° 40′ 31″ East to the principal place of beginning and containing 0.7205 acres of land, according to the survey of March 2006 by Braun-Prenosil Associates, Inc., by Gregory J. Chatham Professional Surveyor No. 7882 be the same more or less but subject to all legal highways and easements of record.

Bearings are based on the centerline of St. Clair Street, N.E. (South 58° 43′ 50″ West) as recorded in deed Vol. 660, Pg. 288 of Cuyahoga County Records and are used to denote angles only.

All pins set are 30-inch long by 5/8-inch diameter rebar with caps imprinted “Braun-Prenosil Assoc.”
(Ord. No. 1610-07. Passed 12-10-07, eff. 12-14-07)

559.242 Future Garden at 780 East Boulevard

PROPOSED GARDEN SITE

0.9203 ACRES

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being part of Original 100 Acre Lot No. 367 of East Cleveland Township, and also contained within Section “A”, Brookway Division of Rockefeller Park, and bounded and described as follows:

Beginning at the intersection of St. Clair Street, N.E., 80 feet wide, with the East line of said Original 100 Acre Lot No. 367, a 5/8″ iron pin monument box found and used;

Thence South 58° 43′ 50″ West, along the centerline of said St. Clair Street, N.E. a distance of 301.46 feet;

Thence at right angles from said centerline North 31° 16′ 10″ West a distance of 281.85 feet to the principal place of beginning of the land herein intended to be described, a capped 5/8″ iron pin set;

Thence parallel to and approximately 5.5′ East of the edge of pavement of an existing private drive the following three (3) courses and distances, each to a capped 5/8″ iron pin set;

Along a curve deflecting to the right, having a radius of 329.00 feet, a central angle of 22° 21′ 14″, an arc of 128.36 feet, a chord of 127.55 feet, which bears North 33° 36′ 55″ West;

Along a curve deflecting to the right, having a radius of 725.00 feet, a central angle of 9° 29′ 33″, an arc of 120.11 feet, a chord of 119.98 feet, which bears North 12° 46′ 17″ West;

Along a curve deflecting to the left, having a radius of 1053.00 feet, a central angle of 5° 51′ 31″, an arc of 107.67 feet, a chord of 107.62 feet, which bears North 9° 20′ 27″ West to the Southwest corner of Proposed Garden #28;

Thence along the South line of said Proposed Garden #28, a distance of 80.00 feet to the Southeast corner thereof, a capped 5/8″ iron pin set;

Thence along the following four (4) courses and distances, each to a capped 5/8″ iron pin set;

South 42° 55′ 17″ East a distance of 124.14 feet;

South 3° 44′ 30″ East a distance of 143.42 feet;

South 6° 16′ 44″ West a distance of 118.31 feet;

South 66° 36′ 56″ West a distance of 40.00 feet to the principal place of beginning and containing 0.9203 acres of land, according to the survey of March 2006 by Braun-Prenosil Associates, Inc., by Gregory J. Chatham Professional Surveyor No. 7882 be the same more or less but subject to all legal highways and easements of record.

Bearings are based on the centerline of St. Clair Street, N.E. (South 58° 43′ 50″ West) as recorded in deed Vol. 660, Pg. 288 of Cuyahoga County Records and are used to denote angles only.

All pins set are 30-inch long by 5/8-inch diameter rebar with caps imprinted “Braun-Prenosil Assoc.”
(Ord. No. 1062-06, § 3. Passed 12-11-06, eff. 12-15-06)

559.243 Native American Garden

1.2972 ACRES

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being part of Original 100 Acre Lot No. 367 of East Cleveland Township, and also contained within Section “A”, Brookway Division of Rockefeller Park, and bounded and described as follows:

Beginning at the intersection of St. Clair Street, N.E., 80 feet wide, with the East line of said Original 100 Acre Lot No. 367, a 5/8″ iron pin monument box found and used;

Thence North 32° 14′ 33″ West, along the centerline of said Dr. Martin Luther King, Jr. Drive a distance of 34.91 feet to a point of curvature;

Thence along the centerline of said Dr. Martin Luther King, Jr. Drive, along a curve deflecting to the right, having a radius of 790.00 feet, a central angle of 16° 45′ 24″, an arc of 231.04 feet, a chord of 230.22 feet, which bears North 23° 51′ 51″ West;

Thence radial from said centerline North 74° 30′ 51″ East a distance of 23.00 feet to the principal place of beginning of the land herein intended to be described, a capped 5/8″ iron pin set;

Thence along a curve deflecting to the right, parallel to and 23.00 feet East of the centerline of said Dr. Martin Luther King, Jr. Drive, having a radius of 767.00 feet, a central angle of 33° 17′ 12″, an arc of 445.60 feet, a chord of 439.36 feet, which bears North 1° 09′ 27″ East to a capped 5/8″ iron pin set;

Thence South 72° 11′ 57″ East a distance of 12.00 feet to a capped 5/8″ iron pin set;

Thence North 17° 48′ 03″ East, parallel to and 35.00 feet East of the centerline of said Dr. Martin Luther King, Jr. Drive, a distance of 50.88 feet to the West bank of Doan Creek, a capped 5/8″ iron pin set;

Thence along the West bank of Doan creek the following four (4) courses and distances, each to a capped 5/8″ iron pin set;

South 15° 43′ 58″ East a distance of 105.06 feet;

Along a curve deflecting to the left, having a radius of 467.00 feet, a central angle of 15° 20′ 22″, an arc of 125.03 feet, a chord of 124.65 feet, which bears South 18° 07′ 03″ East;

Along a curve deflecting to the right, having a radius of 288.00 feet, a central angle of 26° 51′ 52″, an arc of 135.04 feet, a chord of 133.80 feet, which bears South 23° 28′ 41″ East;

South 3° 09′ 56″ East a distance of 97.04 feet;

Thence South 74° 30′ 51″ West a distance of 167.87 feet to the principal place of beginning and containing 1.2972 acres of land, according to the survey of March 2006 by Braun-Prenosil Associates, Inc., by Gregory J. Chatham Professional Surveyor No. 7882 be the same more or less but subject to all legal highways and easements of record.

Bearings are based on the centerline of St. Clair Street, N.E. (South 58° 43′ 50″ West) as recorded in deed Vol. 660, Pg. 288 of Cuyahoga County Records and are used to denote angles only.

All pins set are 30-inch long by 5/8-inch diameter rebar with caps imprinted “Braun-Prenosil Assoc.”
(Ord. No. 1062-06, § 3. Passed 12-11-06, eff. 12-15-06)

559.24 Helen E. Simpson_Ludlow Park

The triangle of land formed at the northeast corner of South Moreland and South Woodland Roads, bounded on the west by South Moreland, on the east by Hampton and on the south by South Woodland, is hereby named Helen E. Simpson_Ludlow Park, in recognition of her numerous accomplishments and contributions to the people of the City.
(Ord. No 1486-73. Passed 7-2-73, eff. 7-10-73)

559.25 Definitions

As used in this chapter, "Director" means the Director of Public Properties. "Park" and "the parks" and "parks, parkways and park entrances" mean the parks, parkways and park entrances under the control of the Director.

559.26 Traffic Limitations

(a) Heavy laden vehicles or vehicles carrying or ordinarily used in carrying merchandise, goods, tools, material or rubbish, and moving vans, drays or trucks, except such as may be used in the park service, are prohibited from passing over the driveways in any of the parks, except when permission is granted by the Director of Public Properties. Persons operating vehicles carrying passengers only, and such as may be carrying materials to buildings abutting on the parkways and adjacent thereto may operate on the roadways, drives and parkways. No funeral procession, hearse nor any vehicle carrying the body of a deceased person shall be allowed within the limits of the parks.

(b) However, nothing contained in this section shall be held to conflict with the terms and conditions set forth in the deed made by J. H. Wade and Sue M. Wade to the City, recorded in volume 341, page 165, Cuyahoga County records of deeds and in volume 1, City records of deeds.

(c) Nothing contained in this section shall be held to conflict with the established right of travel or occupancy of any of the public streets or avenues running through or around any of the parks.

559.27 Speed Limit

No person shall ride or drive upon any part of or portion of any park at a rate of speed exceeding eight miles per hour, nor upon any parkway at a rate of speed exceeding fifteen miles per hour, except upon such portion thereof as the Director of Public Properties may designate for greater speeds. Every person using the driveways, roads, parkways and bridle paths shall, as to the rate of speed of driving or riding thereon, and as to moving or driving on, or stopping any vehicle, horse or team in such rides or drives, be subject to and obey the orders of any park officer.

559.28 Standing upon Drives

No vehicle or animal shall be permitted to stand upon any drive of any park, parkway or mall, nor shall any person solicit passengers within or upon any park, parkway or mall, except at stands specially designated by the Director.
(Ord. No. 98583. Passed 6-5-33)

559.29 Obstructions and Trash Placed in Parks; Distributing Circulars

No person shall place or permit to remain in or upon any park or parkway, any goods, merchandise or other articles in the nature of an obstruction to the free use and enjoyment of the park or parkways. Nor shall any person place any straw, dirt, chips, paper, shavings, shells, ashes, swill or garbage, or other rubbish, even though not offensive to health, in or upon the same. Nor shall any person distribute any circulars, cards or other written or printed matter, in any park or parkway.

559.30 Posting Signs or Advertising; Permit

The placing of any structure, sign, bulletin board or advertising device of any kind whatever, or the erection of any post or pole or the attachment of any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, fence, railing, fountain, wall, post or structure, or the placing of any advertising, decorative or other device of any kind whatever, on any of the vases, statues, bridges or monuments in any park or parkway is prohibited.

However, the Director of Public Properties may permit the erection of temporary decoration on occasions of public celebration or holidays, which permit shall be in writing, signed by the Director.

559.31 Bringing Plant Material into Parks

No person other than an employee of the parks shall bring into or upon any of the parks or have in his possession while therein, any flower, tree, shrub, plant or any newly-plucked branch or leaf of a tree, shrub or plant.
(Ord. No. 1562-90. Passed 4-8-91, eff. 4-15-91)

559.32 Use of Baseball Equipment

No person shall appropriate to his own use, to the exclusion of the baseball teams entitled to use the same, any baseballs, bats, playing equipment, uniforms or other paraphernalia used in connection with amateur baseball games in the public parks and/or in the Cleveland Stadium which is the property of the City or the sponsors of amateur baseball teams operated through the Division of Recreation, or remove the same from such parks, or buy, receive or conceal any such property knowing the same to be the property of the City or the sponsors of such baseball teams.
(Ord. No. 99768. Passed 6-12-33)

559.33 Control of Dogs or Other Animals

(a) Dogs, unless accompanied by their owners and held in control, will not be be allowed to run at large within the parks.

(b) No dogs shall be allowed in a park or any section of a park where there are signs posted prohibiting dogs in said park or any section of a park.

(1) The Director shall have the authority to post signs which prohibit or allow dogs in a park or any section of a park.

(2) Such signs shall be posted by the Director after said Director gives notice of his or her intention to post signs prohibiting or allowing dogs to the councilmember or members in whose ward or wards is located a park or section of a park where such signs are to be placed.

(d) No animals of any kind will be allowed to enter any of the lakes, ponds, fountains or streams.

(e) Owners of dogs or other animals damaging or destroying park property will be held liable for the full value of the property damaged or destroyed in addition to the penalty imposed for a violation of this section.
(Ord. No. 2275-92. Passed 11-29-93, eff. 12-7-93)

559.34 Vacating Areas in Emergencies

In case of an emergency, such as blasting or in any other case where life and property are endangered, all persons if requested to do so by the Commissioner of Parks or other park officers shall depart from the portion of the grounds specified by such officer and shall remain off the same until permission is given to return.

559.35 Climbing Trees

No person shall climb any tree or walk, stand or sit upon the monuments, vases, fountains, railings, fences or gun-carriages within any park.

559.36 Picnicking

No picnicking and lunching parties shall occupy the parks or any part thereof, except the allotted picnic grove and parade ground in Wade Park, and those portions of Gordon, Edgewater, Brookside, Garfield and Woodland Hills Parks which may hereafter be designated by the Director for such use.

559.37 Use of Playgrounds

The playgrounds in Wade, Gordon, Edgewater, Fairview, Lincoln, Garfield, Clinton and Brookside Parks and the lake front are reserved as such for children accompanied by their parents, nurses or attendants.

559.38 Games of Chance

No game of chance of any kind whatever will be permitted within the park boundaries; but portions of the park may be set apart by the Commissioner of Parks for play at croquet, ball or other games.

559.39 Solicitors, Showmen Prohibited

Solicitors, agents, fakirs, peddlers, mendicants, strolling musicians, organ grinders, exhorters and showmen are prohibited from plying their several vocations within the park limits.

559.40 Use of Firearms

No person shall use firearms, fireworks, firecrackers, torpedoes or explosives of any kind within the parks.

559.41 Disturbing Animals or Wildlife

(a) No person shall be allowed to use any weapon, stick, stone or missile of any kind to the destruction or injury of, or to in any manner disturb or molest any wild or domestic animal, fowl or fish within the park limits.

(b) No person shall give or offer, or attempt to give to any animal under control of the Commissioner of Parks within the parks, any tobacco or other known noxious articles or anything the giving of which is prohibited by printed notices conspicuously posted therein.

559.42 Boats, etc., in Watercourses

No persons, except such as may be designated by the Director of Public Properties shall place any boat, float, raft or other watercraft of any kind, on any lake, pond or stream is any of the parks or land or go upon any island therein or touch at with a boat, or land at any point or place upon the shores of any lake, pond or stream not designated as a landing place or occupy in any manner the slopes between the water line and footpaths or driveways.

559.43 Boat Service; Skating

(a) The boat service in the parks shall be under the direction and control of a person designated by the Director of Public Properties. The boats used shall be substantially made and of a pattern and finish to the approval of the Director; they shall be kept in good repair, free from leakage, neatly painted and in sufficient number to meet reasonable demands. The fees for the boat hire shall be in accordance with a published schedule approved by the Director. The person in attendance shall wear a badge or designating mark while on duty and shall be polite and courteous at all times. Under the supervision of the Commissioner of Parks, he shall assist in preserving order and enforcing obedience to these regulations in and around and in close proximity to the lakes, ponds and streams in the parks. Children under twelve years of age shall not be allowed the use of the boats unless accompanied by an adult. No improper character or intoxicated person shall be allowed the use of a boat.

(b) So far as applicable the provisions of this section shall apply to the use of the lakes, ponds or streams as skating fields.

559.44 Going onto Ice

(a) All persons are prohibited from going onto the ice on any of the lakes, ponds or streams in the parks, except such as are designated as skating fields, and thereon only when the safety signal is displayed.

(b) Any person violating this section will do so at his or her own risk.

559.45 Behavior in Parks

Sleeping or protracted lounging on the seats or benches, or loud, boisterous, threatening or abusive, insulting or indecent language, or disorderly conduct or behavior, or any act tending to a breach of the public peace is strictly prohibited.

559.46 Use or Sale of Intoxicating Liquor

(a) No person shall take into or upon any park any intoxicating liquor, either for sale to others or for his own use, or for the use of others; nor shall any person sell, give away or dispose of any intoxicating liquors in or upon any park.

(b) No intoxicated person shall be allowed to enter or remain within any of the parks.

559.47 Entering "No Admittance" Areas

No person shall enter any building, enclosure or place within any of the parks, upon which the words "No Admittance" are displayed or posted by sign, placard or otherwise without the consent of the Commissioner of Parks or other officer of the parks.

559.48 Swings and Hammocks

No swings or hammocks shall be hung or swung in any of the parks, except on the posts erected by the Director of Public Properties for that purpose.

559.49 Fishing, Wading or Swimming

Fishing, wading, swimming or bathing in any of the lakes, ponds, fountains or streams is prohibited.

559.50 Sounding Whistles

Whistles must not be sounded within any of the parks by visitors.

559.51 Defacing Notices of Rules

No person shall injure, deface or destroy any notice of the rules and regulations for the government of the parks, which have been posted or permanently fixed by order or permission of the Director of Public Properties.

559.52 Hours; Posting of Signs

(a) The Director of Parks Recreation and Properties is hereby authorized to determine the hours during which the public shall be permitted within the limits of any park or recreational facility under the supervision and control of the Director or any portion thereof. The Director shall publish the hours determined pursuant this division (a) in the City Record.

(b) The Director of Parks, Recreation and Properties shall post signs in the various parks and recreational facilities under the supervision and control of the Director identifying the hours during which the public shall be permitted within the limits of the park or recreational facility as determined by the Director pursuant to division (a) of this section.
(Ord. No. 1611-95. Passed 12-18-95, eff. 12-23-95)

559.53 Trespass on City Facilities

(a) No person shall trespass, loiter, or remain in or upon the grounds of any park or recreational facility under the supervision and control of the Director of Parks, Recreation and Properties during any hour when the public is not permitted in such park or recreational facility as determined by the Director pursuant to Section 559.53, unless such person has been authorized to be present in the park or recreational facility by the Director of Parks, Recreation and Properties.

(b) No person shall trespass, loiter, enter or remain in or upon the grounds of any park or recreational facility under the supervision and control of the Director of Parks, Recreation and Properties after being lawfully ordered to leave such park or recreational facility by an authorized official or agent of the City.

(c) Whoever violates this section shall be guilty of a minor misdemeanor for a first offense. In addition to any other method of enforcement provided for on this chapter, this minor misdemeanor may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure. For each subsequent offense, whoever violates this section shall be guilty of a misdemeanor of the fourth degree.
(Ord. No. 1611-95. Passed 12-18-95, eff. 12-23-95)

559.54 Prohibited Hours in the Mall Area

No unauthorized person shall be or remain on or in any portion of the area known as the Mall area between the hours of 10:00 p.m. to 5:00 a.m. Persons may be authorized to remain on the Mall by obtaining a permit from the Director of Public Properties.

Such permits shall be issued when the Director finds:

(a) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare and safety;

(b) That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;

(c) That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the City;

(d) That the facilities desired have not been reserved for other use at the day and hour required in the application.

For the purpose of this section, the Mall area includes these areas specifically designated as Memorial Plaza, Mall B, including the Leonard C. Hanna, Jr. Plaza and Mall C. It excludes therefrom all dedicated streets. Memorial Plaza is that portion of the Mall bounded by Rockwell Avenue on the south, St. Clair Avenue on the north, East Roadway on the east, and by East 2nd Street on the west. Section B is that portion of the Mall bounded by the Convention Center on the east, St. Clair Avenue on the south, Lakeside Avenue on the north, and the property lines on the Vulcan Building and the County Administration Building on the west. Section C is that portion of the Mall bounded by Lakeside Avenue on the south, City Hall on the east, and the City Hall property lines on the north and west, including all City Hall and City Garage property.
(Ord. No. 815-86. Passed 6-2-86, eff. 6-4-86)

559.541 Prohibited Hours in Public Square

No unauthorized person shall remain on or in any portion of the area known as the Public Square area between the hours of 10:00 p.m. to 5:00 a.m. Persons may be authorized to remain in Public Square by obtaining a permit from the Director of Parks, Recreation and Properties.

Such permits shall be issued when the Director finds:

(a) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare and safety;

(b) That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;

(c) That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the City;

(d) That the facilities desired have not been reserved for other use at the day and hour required in the application.

For purposes of this section, the “Public Square area” includes the quadrants and all structures (including but not limited to walls, fountains, and flower planters) located within the quadrants known as Public Square and shown on the map below, but excludes the quadrant on which sits the Soldiers and Sailors Monument; the Public Square area also excludes all dedicated streets, public sidewalks adjacent to dedicated streets and RTA bus shelters within this area.

Whoever violates this section is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the third degree on the third and any subsequent offense.
(Ord. No. 1140-07. Passed 8-8-07, eff. 8-16-07)

559.55 Resisting Police

No person shall resist any member of the police force in the discharge of his duty or in any way interfere, hinder or prevent him from discharging his duty, nor offer or endeavor so to do; nor in any manner assist any person in custody of any member of the police force to escape, nor attempt to rescue any person in custody.

559.56 Exhibiting Permits for Inspection

Every person claiming to have a permit from the Director of Public Properties or any of his officers shall produce and exhibit such permit upon the request of any authorized person who shall desire to inspect the same.

559.57 Limitations on Permits; Liability of Holders

All permits issued by the Director of Public Properties shall be subject to the park rules and regulations and City ordinances. The persons to whom such permits are issued shall be bound by the rules, regulations and ordinances as fully as though the same were inserted in such permits. Any person to whom such permits are issued shall be liable for any loss, damage or injury sustained by any person whatever, by reason of the negligence of the person to whom such permits are issued, as well as for any breach of such rules, regulations and ordinances, to the person so suffering damages or injury.

559.58 Regulations Governing Bicycles and Tricycles

Bicycles and tricycles shall possess all the rights and privileges now accorded to carriages drawn by horses and shall strictly comply with all rules of the road, and in addition thereto will be subject to the following rules and regulations:

(a) Every bicycle shall be provided with a gong or bell which shall be sounded upon the approach to any person or vehicle or the crossing of any street, driveway, footpath or bridle path. Every bicycle shall also be provided with a lamp which shall be kept lighted during hours of darkness.

(b) Bicycles shall not be stacked within ten feet of the driveways, although wheelmen may rest them at proper times and places.

(d) Riding crosswise of the drives and curving to and fro are prohibited.

(e) Coasting is prohibited, except on safety bicycles provided with brakes, but the rider must not remove his hands from the handles of his machine.

(f) Wheelmen must follow the ordinary rules of the road. In meeting an opposing vehicle they must pass on the righthand side. In passing a vehicle moving in the same direction they must pass on the lefthand side. Speed is restricted to eight miles per hour.

(g) In case a wheelman meets or overtakes any horse which may become restive, such wheelman shall take every precaution by dismounting or otherwise, to prevent danger or accident.

(h) When a wheelman is unable to ride the various hills or roadways in the parks, he must dismount and push his machine up the adjoining footpath, until a suitable level is reached, where he may remount and proceed in the driveway.

559.59 Motor Vehicles

Persons riding in motor vehicles shall possess all the rights and privileges and shall be subject to all the rules and regulations accorded to or prescribed for persons riding in carriages drawn by horses. They shall further observe all the rules and regulations not in conflict with the provisions hereof, which are prescribed for persons riding in motor vehicles on the public highways of the City.

559.60 Restrictions on Driving and Parking

(a) No person shall drive, park, station or place in or upon any public park, grounds or cemetery belonging to or under the supervision of the City, any horse, motor vehicle, or bicycle or other vehicle except motorcycles or motorized bicycles as defined in RC 4511.01, except upon established drives or roadways, and other places designated and established by the Director of Public Properties as parking spaces.

(b) No person shall drive, park, station or place in or upon any public park, grounds or cemetery belonging to or under the supervision of the City, any motorcycle or motorized bicycle, as defined in RC 4511.01.
(Ord. No. 1857-82. Passed 12-5-83, eff. 12-7-83)

559.61 Jim Mahon Park

The public space known as Jim Mahon Park and more fully described as follows:

LEGAL DESCRIPTION OF JIM MAHON PARK

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being part of the Original Brooklyn Township Lot Numbers 50 and 51 and being known as Cuyahoga County Auditors permanent parcel numbers 003-01-008 and 003-12-002 conveyed to the City of Cleveland and bounded on the North by Bulkley Blvd. Now known as Cleveland Memorial Shoreway (West) and on the West by West 45th Street and on the East by P.P.N. 003-13-007, 003-13-008 and 003-13-006 and on the South by P.P.N. 003-12-003 and 003-12-006 through 003-12-011 and Detroit Avenue.

Description approved by John E. Jenkins, Project Director — Plats, Surveys and House Number Section — Division of Engineering & Construction

is hereby named Jim Mahon Park in honor of Jim Mahon and his contributions to the neighborhood. Jim Mahon Park shall be maintained for use as a public park by the City of Cleveland in perpetuity and the Director of Parks, Recreation, and Properties shall not permit any use or adoption of Jim Mahon Park that is inconsistent with this purpose.

Notwithstanding the designation of Jim Mahon Park as a park in perpetuity, the Council may on motion of any member, or on petition, change such designation provided that before such action is taken the matter shall first be submitted to the Planning Commission for its opinion and recommendations. The Commission shall allow a reasonable time, not less than thirty (30) days, for consideration and report thereon, and a public hearing shall be held before the appropriate committee of Council. Ten (10) days' notice of such public hearing and of the intent to change the designation shall be given by publication in the City Record.
(Ord. No. 595-05. Passed 6-6-05, eff. 6-15-05)

559.99 Penalty

(a) Whoever violates any provision of this chapter or fails to comply with the requirements thereof for which no penalty is otherwise provided shall be fined not more than one hundred dollars ($100.00) or imprisoned not more than sixty (60) days or both.

(b) Whoever violates Section 559.28 shall be fined not more than fifty dollars ($50.00) for a first offense, and not more than seventy-five dollars ($75.00) for a second offense, and not more than one hundred dollars ($100.00) for any third or subsequent offense. In addition to any other method of enforcement provided for in this chapter, the above listed minor misdemeanor may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedures.

(d) Whoever violates Section 559.53 shall be subject to the penalty set forth in that section.

(e) Whoever violates the provisions of Section 559.54 shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or imprisoned not more than ten (10) days, or both.

(f) Whoever violates the provisions of Section 559.38 shall be subject to the penalty set forth in Section 611.02, and whoever violates the provisions of Section 559.46 shall be subject to the penalty set forth in Section 617.12.
(Ord. No. 2275-92. Passed 11-29-93, eff. 12-7-93)

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PART FIVE — MUNICIPAL UTILITIES AND SERVICES CODE

Title IX — Municipal Services

Chapter 559 — Parks

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