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HomeMy WebLinkAbout71-95 Ordinance __ "__..__....w RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance NO.m_n_u__1h95-- P assed____n____n nnn_nm_mm_n _n_ n_n__ __19 ____n__ AN ORDINANCE AUTHORIZING THE CONVEYANCE OF LAND BY THE CITY OF DUBLIN, omo TO THE BOARD OF TRUSTEES OF THE COLUMBUS METROPOLITAN LmRARY; AUTHORIZING THE ...... EXECUTION AND DELIVERY OF A DEED; AND RESERVATION OF AN ACCESS EASEMENT ...... WHEREAS, the City of Dublin, Ohio (the "City") and the Board of Trustees of the Public Library of Columbus and Franklin County, now the Board of Trustees of the Columbus Metropolitan Library (the "Library"), have heretofore entered into a lease, dated as of January 1, 1980, pursuant to which the Library leased and contracted to purchase a branch library facility from the City consisting of 1.244 acres improved with a structure; and WHEREAS, the Library later negotiated an agreement with the Dublin Local School District pursuant to which 2.2111 acres adjacent to the west side of the existing Library was made available to the Library so the Library could expand its building; and WHEREAS, the additional 2.2111 acres were acquired by the City and added to the lease, as authorized on Ordinance No. 106-87, passed on September 8, 1987, the 1.244 acres and the 2.2111 acres sometimes hereinafter called the "Premises"; and WHEREAS, the final payment of the Five Hundred Thousand Dollars ($500,000.00) Village of Dublin, Ohio Seven and One-Half Percent (71J, %) Library Building Mortgage Revenue Bonds dated January 1, 1980, and due January 1, 1995, have been paid in full, as certified by the Trustee, National City Bank, Columbus Trust Group, in writing to the ..... Director of Finance, Columbus Metropolitan Library, as shown to the City and its Law Director; and ...... WHEREAS, Sections 10.3 and 10.5 of the January 1, 1980 Lease call for the transfer of the Premises by the City to the Library upon payment in full of the bonds. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, '7 elected members concurring: Section 1. The City shall convey the Premises upon which the branch library and the parking lot sit, containing 1.244 acres and 2.2111 acres, at 75 North High Street, Dublin, Ohio, more particularly described in the attached Exhibits "A-1" and "A-2" to the Board of Trustees of the Columbus Metropolitan Library, by Deed which Deed is attached as "Exhibit B", and as required by Sections 10.3 and 10.5 of the Lease. Section 2. The Deed shall reserve, as shown, an easement to the City as follows: "Reserving, however, to the Grantor an easement over the southern, paved portion of the premises to the west line of the Premises, for the purpose of ingress and egress for maintenance vehicles in order to maintain the cemetery to the north of the Premises, only when such maintenance is being performed. The rights of ingress and egress shall also include the right to park maintenance vehicles at the western line of the premises and for - access to the paved path north to the cemetery. Grantor will park its maintenance vehicles on the path and on the cemetery grounds, and will only park its maintenance vehicles on Grantee's parking lot for extraordinary reasons. This agreement shall be '..., binding upon the parties hereto, their successors and assigns." Section 3. The City Manager is hereby authorized and directed to execute and deliver the Deed to the Library. '"'.__'_'''o._._,...;''' ,',..I#...."""""~:""~'''''';'''~''-'''''''"';'':-..fo~'w'''"' ,-_~",",,,,"-",<~Jl4,aMl~l1!( ..." .-'t_ ,1C__l....__::r.".:.~r:.'iI"'!!'''''''''-'''.~...,.,.."'..o.-..". .--' '." -^ ~^ - ~ .~--- 11 RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. __nnn_m11-:95 (Continued) Passed_mm_____m mnm_m__ __19000_____ Section 4. It is found and determined that all formal actions of the City concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted ......' in such formal action were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. - Section 5. That this Ordinance shall take effect and be in force on the earliest date permitted by law. day of ~ DieM ~ y, 1995 Passed this / / --t'" I ~esiding Officer ATIEST: ~ r!-~ Clerk of Council ........ . posted in the ~ . h' Ord:nonte/Rese!Ytteft were . \ hereby certify th01 copIes of ~,'s 10n 731.25 of the Oh10 Revised Code. City of Dublin in attordonce WI'" Sed ~ C!.- (! / .AlA~ . Clerk of council, Dublin, Ohio - --... - .~>,---_.^.~ EXHIBIT A-I Being :iicu<l.e~d iCl th.e S<::at:e of Ohio, County of Fra~klin, .City.. / of Oublin., and bei:l3. pare: of an 13.15 acre trace c::n'leyed to ehe Boare of C:ducat:ion of Washiz:gton Local Sch.ool District: Franklin Counc:y, Ohio shcw"U of record in Deed Sook 2067, Page 2.12, and being ~ll of tocs 150, 151, 152, and all of a 16.5 foot vacated alley vacac:~d by Ordinance 062-79, ~~y 21, 1979, Village of Dublin sho""it of record in Plat: Book 3, Page 199, Recorderrs Office, Franklin Counc:y, Ohio and all of a 0.062 acre crac: conveyed to ",.... the Village of Ol.:.olin. show"U of rec::lrd in Deed Book 421, Page 93, I Reco rder I s Office, Franklin County, Ohio, and being mere parcicu- i larly described as fcllo~s: .... Beginning ac: ~n iron piCl ac the intersection of the ~esterly line of Hi6n Screec (66 feet w-ide) ~ith the northerly line of North Screec (66 feec ~ide), said porne being at the soucheasterly cacnee of said Lot 150; . Thence, Souch 83000r wesc, along the nore:herly line of said Noreh Screet (southerly line of said Lot 150), a discance of . 166.50 feet Co an iron pin at che souch~esc:erly corner of said Lac: 150, said poine being at the intersection of the northerly ~ line of said Noreh Sc:=eet w~th the e<lsterly line of Darby Street (20 feec: ~ide). . Tnence, Norch 7000' west, along the easterly line of said Darby Sc:re~c:, and along the ~esterly line of said Lacs 150, 151, 152, and along the ~esterly line of said 16.5 foot vacated alley. and along said line produced northerly across. said 18.15 acre tract, a disC:<lnce of 328.00 feet to an iron pin; Thence, Norch 83-00r East, across said 18.15 acre tract, a dis- t.:l.nce of 158.10 feet to a paine; . . .",.,. Thence, South 11-38' East, across said 18.15 acre tract, along : a line parallel ~ith the old centerline of Dublin-Bellepoint.Road .... (FRA-745-D.lJ. 0.26), a distance of 104.04 feet to a point. said . poinc: being the norcheast cocner of said 0.062 acre tract; . Thence, South 7-00' East, along the easterly line of said 0.062 : acre tract, and along the easterly line of said 16.5 foot vacated /J-B r alley, and along the easterly line of s~id Lats 152, 151 and ~50, a distance of 224.30 feet to the place of beginning, containing . .1tz6 of 1.244 acres, subject, however, to all high~ays and ease~ents of record and of.records, easement, and restrictions in the ~espect- z7~- It) ive utility offices. f '. . Z7~-3g . . - .. .,. - - ---"-,--,~--_._- --. ... '"...._~..~ II ,~ I EXHIBIT A-2 I JMly 16. 1ge7 I DeSCRIPTION OF Z.2111 AC~S Of LANe ~TH Of DARBY STREET WEST Of HIGH STREET '"CITY OF DUBLIN , Situat.d in the Slit. 01 01'110. Count.y of Fl"'''lcli;;. Ci ty . of Dublin bein9 I 2.2111 Bere traet of l'nd .11 out of that 18.15 aert tract IS df'cr1b~ fn t deed to the Bo.rd of Education. Washift9ton local School Dt$trict. rrA~kl1n CouMy. Ohio, of record in Dud Boo~ ro61. 'lg82J2. (.11 r.hrwncts being to ,,- recorus in the K@cordwr's OHic_. tl"anltl1" C~ntl. unio). uid 2.2111 ler. I troct b~lng ~or. P4rtlcul~rly de,cribed IS foll~% ...... Be71nn1h9 It . ~Q1nt on the northerly 11". of Oarby St~t .~t~"d~ on the westerly l1nf of " ~".OO foot wfd. l11e1. said pofnt b<<hu: loc..bd South 5J. 00' DO" W{l~t,-. d1$lance of 186.50 ft.t fr'Otll the 1nt,.ru~t1o" of tn. ~rtl'1.rly 1 fne o( Darb)' strut .nd the wnhrl, 11"- of Hi,:;''' StN~t. u du19nlh.d and det 1n~8t.d upon t.h. Rccart1.d Ph~ "PLAT OF' MUH , Qf r'1PCord tn PlIt Book 3. 1'4Q* t9g: . Th.nce SQuth a3.oo'ooM W.1t. . d11t.n(a of 193.50 f,.t to In iro" pIn "t; Thene. North 7.00'00" West. . di$tance ~f .03.00 fttt \0 .~ iron pin ~.t: T~~ne. ~Qrth aj.ooloo~ East. . d11tanct of 396.73 r..i to .~ ir~ pin ,.l on the ctnter11n. ef ..ld Ht~" S~~9tt: TlIIlllet South 10.Z11'3~ tul. 'lcn~ U"' etnttrl1"t 01 uid Hi~'" Hrflo..t. A dittlnet of 75.13 (..t to an 1ron pin Qij"d. btfft9 t~ ftorth..ttel" 1 co~".r 0' t".~ 1.,83 'crt tract as rl4!~criMd in . d..d to Th. VllhC;_ of Oub11~. OC record III Oe~d aoo~ 3759, Pa~t lJ.r Thel'lc1 South 83.00'00" W~1t, .1orll~ the nortMt'ly 11". o~ said 1.282 lI~rfl tr"ct. a dhtat'\ce of 187.63 fnt t.0 I" iron pin found .t the lIOrt.tn.ot"tttrly ~~~~~r of SlId i.28J &:re trlct; T"."r.. SOil V, 760')'00" Cut. .10n9 th. wth,.ly l1"e o( U id 1.~8J ."~1" I .... tr~ct, a distAnce of 146.50 f~.l to . ~olnl at the no~th'I'terl1 eorn.~ of ~~At ,0.00 loot wid. 111~y I' ,ho.n upon t~ ,.id "PLAT OF DUBLIN"; l-.. I Tn_flc. South A3.00'OO" W.,l. alC1lq U~ft Mrth.,.11 l1rt. of uid .n.v. " dls~a"c~ of <0.00 f~!t l~ . ~olnt at the northww~l.r11 cOrn4~ of s.td .11~;~ Tnet\ct SQ1Jt" roo'co" rut. .1o"~ th4! ...st_,.1, l1ne of ~"td 111~)'. ~ /J~9r dhtal'lct of 1al.50 htt to toh., p1act of b4P9tMfm; afld conh1nlnq 2.<111 ,cr~~ of 1.,,<J; ,~c:F floUr A Mlrin9 oT Sotlth rn.oo'oo" ".it. wet u'~d Oft t.~ north.orl)' 1 i".. 0' Darby Strut u d-.'cribed fft . d..d to The V1l1.~ of Dubl in oT MH:on1 ~" -Z73-L/~O- O'!..d Book 3759. P'9t 134. Itld .11 oth9r bt.rtn." t"'n e.lculahd f'f"'OlllI t"u I ftterid1 an. ~> ... " Koc~.d.~ end A"octat_1 I~r. fr Descr.p\!l~n -. Co"1ult1n~ Eft91n.~r, Veii!:erJ' ':lhn Circ:e p.~.. ;~::, i I Frar,l\!in C,)'::~"! _(~ ~1 t!7~ \, \, =:c:..,.-::~f' \ ' r,.,:,.'''t;-:ZO-7' '.i-J,.__....._..~. R~1~.r~ urY~~or HO~'A .,;,---.~--<~. ' JLP:.,~" 71587.2 -- ,<.- I .,.... - --~~~- "EXHIBIT BII LIMITED WARRANTY DEED The CITY OF DUBLIN, OHIO, a municipal corporation, Grantor, of Franklin County, Ohio, for valuable 9onsideration paid, grants, with limited warranty covenants, to the BOARD OF TRUSTEES OF THE COLUMBUS METROPOLITAN LIBRARY, Grantee, whose tax-mailing address is , the following real property: __ situated in the city of Dublin, County of Franklin, and the state of Ohio: .... See "Exhibit A-I" and "Exhibit A-2" attached hereto for the property description Parcel Nos. 273-4507 (2.2111 acres) 273-10 and 273-38 (1.244 acres) Reserving, however, to the Grantor an easement over the southern, paved portion of the premises to the west line of the Premises, for the purpose of ingress and egress for maintenance vehicles in order to maintain the cemetery to the north of the Premises, only when such maintenance is being performed. The rights of ingress and egress shall also include the right to park maintenance vehicles at the western line of the Premises and for access to the paved path north to the cemetery. Grantor will park its maintenance vehicles on the path and on the cemetery grounds, and will only park its maintenance vehicles on Grantee's parking lot for extraordinary reasons. This agreement shall be binding upon the parties hereto, their successors and assigns. EXCEPTIONS TO WARRANTY: Covenants , conditions, reservations, restrictions, easements, rights-of-way, setback lines, taxes and assessments of record, if any. __ Prior Instrument References: Official Record 11498 J04; Deed Book 421, ~age 93; Deed Book 3759, page 134; Recorder's Office, I . . ~ Franklln County, Ohlo. witness its hand this day of July, 1995. signed and acknowledged in the presence of: CITY OF DUBLIN, OHIO, a municipal corporation By: witness Its: (print Name) witness (print Name) CMS/MAP/DMR/149386 035505.284 ,... -"-----~,. . STATE OF OHIO COUNTY OF FRANKLIN, SS: BE IT REMEMBERED, that on this day of July, 1995, before me, the subscriber, a Notary Public in and for said County and state, personally came, . , the for the City of Dublin, Ohio, the Grantor in the foregoing Deed, and acknowledged the signing thereof to be his voluntary act and deed and the voluntary act and deed of said municipal corporation. ,.... \ IN TESTIMONY THEREOF, I have hereunto subscribed my name and affixed my seal on this day and year aforesaid. .... Notary Public ,.... ...... This Instrument Prepared By: Carlile Patchen & Murphy 366 East Broad street Columbus, Ohio 43215 CMS/MAP/DMR/149386 035505.284 ......