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Home My WebLink About034-88 Ordinance , RECORD OF ORDINANCES 473 National Graphics Corp.. Cols.. O. ~ Form No. 2806-A Ordinance No. mn}lt-___~_~nnmn P assed_______m_ mnm _ _ m______m__ m ______m_19 m__' - AN ORDINANCE AUTHORIZING THE PURCHASE OF APPROXIMATELY 17 ACRES OF LAND LOCATED IN ~ WASHINGTON TOWNSHIP, FRANKLIN COUNTY, ON THE SOUTH SIDE OF SHIER-RINGS ROAD, WEST OF AVERY ROAD WHEREAS, Council has previously authorized the City Manager to enter into a joint real estate purchase contract with the Dublin Local School District to purchase approximately 34 acres in Washington Township, Franklin County, located on the south side of Shier-Rings Road, west of Avery Road from Alvin Rings; and, WHEREAS, said parties entered into a real estate purchase contract on or about March 4, 1988, whereby the City of Dublin and Dublin Local Schools each agreed to purchase one-half of the subject property constituting approximately 17 acres, for the sum of $25,000.00 per acre; and, WHEREAS, sufficient funds for this purchase have been specifically allocated within the current capital improvements budget. NOW, THEREFORE BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 6 of the elected members concurring that: Section 1. Council hereby authorizes the expenditure of the funds necessary to purchase approximately 17 acres of the above-referenced property at a cost of $25,000.00 per acre, plus costs and expenses as set forth in the previously executed real estate purchase contract. Section 2. This Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this 21st day of March 1988. , MaY~~ Office, Attest: /l ~ 1rr/lMm ~ <<M~ C erk of CounclI Sponsor: City Manager I hereby certify that copies of this orrrmm:e/Resolut:on were posted in the. City of Dublin in atcordance with Sllct:on 731.25 of the Ohio Revised Code. J/ta7UtO /?;" C:~~ Clerk of Council, Dublin, Ohio ., REAL ESTATE PURaIASE AGREEMENT I. BACKGROOND WHEREAS, Alvin Rings (hereinafter called Seller) is the owner of an approximately thirty-four (34) acre tract of land located in Washington Township, Fran~lin County, Ohio lccat0d on the South side of Sheir-Rings Road, West of Avery Road. Exact acreage to be detemined by survey which shall be completed at Buyers' expense. WHEREAS, the Board of Education of Dublin Local School District and tJ1e City of !)ublin, Ol:1io (hereinafter called Buyers) desire to purchase said approximately thirty-four (34) acre tract of land. II. AGREEN~Nr NCM, THEREFORE, the u11dersigned Buyers agree to buy and D~e undersigned Seller agrees to sell said app~oximal.ely Thirty-four (34) acre tract of la~d for the sum of Twenty Five Thousand and 00/100 Dollars ($25,000.00) lJer acre, together with all easements, rights, privileges and appurtenances thereto. Said purchase price shall be payable upon closing. In consideration of the foregoing agreement, Seller and Buyers covenant and agree that this sale is contingent upon D~e terms, obligations and conditions hereinafter set forth: III. CXl-ilDITIOOS AND OBLIGATIOOS A. This Agreement is contingent upon the following obligations and considerations: 1 . Seller to divide the subject tract into two (2) parcels pursuant to Buyers' survey and will convey one (1) parcel to each Buyer pursuant to Buyers' instructions. ? C:i. ty of Dublin to mow grass and remove snow around Seller's ~. home for so long as seller or his spouse live at their present residence located at . , 3. Buyer Board of Educati.on to ma~e soil and other studies to determine suitability of site for school purposes. Final decision as to suitability shall be in the sole discretion of said buyer. 4. Contract contingent upon approval, appropriation and certification of funds by Buyers' respective legislative authority. ~ ~ 5. W/s/!le~*i:;:l:t=tl #W:;;:/SllcJtf;; ,~ '(<\ . t j B. Seller to cooperate with Buyers in zoning matters and in the J/q I 3141 granting of such easements as may be necessary for extension of sewers and utilities. IV. TERMS A. Possession Possession shall be at closing. At all times after L~e uate of this Agreement, Seller shall afford Buyers free and full access to the premises for the purpose of making surveys, engineering studies, soil tests and other tests or studies which Buyers may deem necessary in connection with its intended use of the real estate. B. Evidence of Title Buyers shall furnish and pay for an owners' title insurance commi tment and policy in L~e amount of the purchase price. Said ti tIe insurance to be provided by Capitol Square Title Agency. The title evidence shall be certified to within ten (10) days prior to closing in accordance with the standards of the Columbus Bar Association, and shall show in Seller marketable title in fee simple free and clear of all liens and encumbrances except: (A) those created by or assumed by Buyers; (B) L~ose specifically set forth in this contract; (C) zoning ordinances; (D) legal highways; and (E) covenants, restrictions, conditions and easements of record which do not unreasonably interfere with present lawful use. If title to all or part of the real estate is unmarketable, as detennined by Ohio law with reference to the Ohio state Bar Association Standards of Title Examination, or is subject to liens, encumbrances, easements, conditions, restrictions or encroachments other than those excepted in G1is contract, Seller shall within thirty (30) days after written notice thereof, remedy or remove any such defect, lien, encumbrance, easement, condition, restriction or encroachment or obtain title insurance without exception therefor. If Seller is unable to remedy or remove or secure title insurance against such defect, lien, encumbrance easement, condition, restriction or encroachment within a said thirty (30) day peria::1, this Agreement at the option of the Bl~yers shall be void. At closing, Seller shall sign an affidavit with respect to off-record title matters in accordance with the community custon. C. Deed Seller shall convey to Buyers marketable title in fee simple by separate transferable and recordable general warranty deeds as appropriate, free and clear of all liens and encumbrances not excepted by this contract. D. Taxes and Assessments At closing, Seller shall payor credit on purchase price all delinquent taxes, including penalty and interest, all assessments which are a lien on the date of contract. Buyers shall be responsible for all agricultural use tax recoupments for years through the year of closing. At closing Seller shall also payor credit on the purchase price all other unpaid real estate taxes whi.ch are a lien for t..'le year prior to closing, and a portion of such taxes for the year of closing, prorated through date of closing and ba,sed on a 365 day year, and if undetemined, on most recent available tax rate and valuation, etc., wheb~er or not certified. Seller warrants that no improvements or services (site or area) have been installed or furnished, or notification received from public authority of future imp::::-ovements of which any part of the costs may be assessed against the real estate. E. Damaqe or Destruction of Property Risk of loss to the real estate and appurtenances shall be born by Seller until closing, provided that if any property covered by this Agreement shall be substantially damaged or destroyed before this transaction is closed, the Buyers may (A) proceed with the transaction and be entitled to all insurance money, if nay, payable to the Seller lL~der all policies covering the property, or (B) rescind the Agreement, and b~ereby release all parties from liability hereunder, by giving written notice to the Seller within ten (10) days after the Buyers have written notice of such damage or destruction. Failure by the Buyers to so notify the Seller shall constitute an election to proceed with the transaction. p Survey ~ . Buyers shall obtain at their expense a survey by a surveyor of the sale tract prior to closing. The description contained in said survey shall be used for conveyance purposes and in determining the acreage for purchase price purposes. G. Closing This agreement shall be performed and this transaction closed within ninety (90) days after acceptance hereof lmless the parties agree in writing to an extension. H. Duration of Offer This offer shall remain open for acceptance until midnight .3 -/O.,g-f . I. Successors and Assigns The terms, covenants and provisions of this Agreement shall extend to and be binding upon the respective successors, assigns, personal representatives and heirs of Seller and Buyers. J. Environmental Matters Neither the Seller nor to the best knowledge of the Seller, any other person has ever caused or permitted any Hazardous t-laterial to be placed, held, located or disposed of on, under or at the property or any part thereof and the property has never been used (whether by the Seller or, to the best knowledge of the Seller, by any other person) as a disposal site or permanent or temporary storage site for any Hazardous Material. As used herein, the tenn "Hazardous ~1aterial" shall mean any hazardous, toxic or dangerous waste, substance or material or any pollutant or contaminant defined as such in (or for purposes of) the Resource Conservation and Recovery Act of 1976, as amended from time to time, and the regulations thereunder, the Comprehensive Environmental Pesponse, Compensation, and Liability Act and tl1e regulations thereunder, any so-called "Superfund" or "Su~rlien" law, or any other Federal, state or local statute, law, ordinancer code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, applicable to the property. K. Reliance of Buyers Buyers have examined all property involved in making this offer, and will examine the survey referred to above, and in making this offer are relying solely upon such examin&tion with reference to the condition, character and size of land and improvements and fixtures, if any. This Agreement constitutes the entire contract and there are no representations, oral or written which have not been incorporated herein. Time is of the essence of all provisions of this Agreement. All provisions of this Agreement shall survive the closing and not be merged into the deed. O:ite: /lJMd~ If;'/' BOARD OF EDUCATIOO IXlBLI~ == SCH'7J;:cr ) ~1V~ 1~(Ud1 , By:~ / By: CITY OF DUBLIN (BUYER) 2~Ld-;:- ~'I:::{; By: ~/I~~~ ~ 7D -I....~ ~.. By: n~ kJ R~Q?- 1A~ ALVIN RIN S (SELLER ~ ACKNCMECGkNI'S STA'IE OF OHIO COUNTY OF FRANKLIN, 5S: Bef~me, a Notary Public, personally appeared ~ above named '!IC.'/... ~d . , the d:.<zcc..k..eJ.-J d respectively, of the Board of Education of the lin Local School District and swore that G~e signing thereof is his/her free and voluntary act and that he/ she is duly authorized to sign the same and that the ~igning hereof is. the. free a~t an deed of the Board ~catiop of the Dubhn Local School Dlstn_ct, thlS ~ day of J./ , 1988. h~.g F~ Not~ Public :;,": " ',,'.~:T STA'IE OF OHIO . .:[0) ~ -, ~. L . , -~ COUNTY OF FRANKLIN, ss: Before me, a Notary Public, personally appeared the above named Alvin Rings, .4~.; , , , and swore t.~a t the signing thereof is his/her free and voluntary act day of ~ ' 1988. .tan lee lJ " ;.\ ttorney at-law IV! .' ",it Of 1.10'10 , 'r,' ~tioll ...... " H C. STATE OF OHIO aJUNTY OF FRANKLIN, ss: Before me, a Notray Public, personally appeared the aoove named Ti/Jl j-I#/f/5/~Y' and , the ~A)1A6" A... and / respectively, of the City of Dublin and swore that the signing thereof is his/her free and voluntary act and that he/ she is duly authorized to sign the same and that the signing hereof is the free act an deed of the City of Dublin , this 4//;/7 day of iPl/l/t:i , 1988. ~-,,-/( ~,~~~,~, "JL~~Y,,~~ '!i:~ ~~1!TH " OO_MISS'::o, j/l'~ ;:,:" ~ ".If OHIO h, ,,\,~, ;;1) i;.'!PIRAnON