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HomeMy WebLinkAbout99-95 Ordinance ~ f " RECORD OF ORDINANCES Dayton Legal Blank Co. Form No, 30043 I Ordinance No._~~-.9_S_n_(=?-~~~nded) P assed__________________ -_________m ________n __19 __ ____n AN ORDINANCE AMENDING ORDINANCE NO. 24- 90, GRIGGS RESERVOIR LEASE AGREEMENT AND TO AUTHORIZE THE CITY MANAGER TO - EXECUTE A LICENSE AGREEMENT ~ WHEREAS, the City of Columbus, Ohio and the City of Dublin, Ohio entered into a lease agreement dated August 9, 1990; and WHEREAS, the City of Columbus, Ohio has given the City of Dublin, Ohio notice of partial termination of said Lease Agreement as to a .206 acre tract as described in Exhibit "f' of the proposed License Agreement which is attached as "Exhibit A", and WHEREAS, the result of such termination is that said Lease Agreement should be amended and revised to remove said .206 acre tract therefrom and to continue such revised and amended Lease Agreement in full force and effect, and WHEREAS, this action necessitates that the City of Dublin enter into an additional License Agreement which is attached as "Exhibit N' and which requires authorization from City Council to be executed by the City Manager. NOW, T~REFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring: ~,,,,,,,,,,, Section 1. That City Council hereby amends Ordinance No. 24-90 by removing a certain .206 acre tract as described above and agrees to continue the lease agreement in full force -- and effect. Section 2. That the City Manager is hereby authorized to enter into a License Agreement, (attached as "Exhibit A" ) with Frederick N. Lancia and Mary Ellen Lancia for the above- mentioned .206 acres, said agreement to be for a term often (10) years. Section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this ;? J1 oL day of lJfL-fIJ h~y- . 1995. --- ATTEST: ~ ~~ Clerk of Council . i once/Rt~8h1tiun-were posted in tfill Sponsor: Parks and Recreation Dire'1~{rebY certify that copies of ~hlS or~~nn 731.25 of the Ohio Revised Code. City ot Dublin in accordance WltR Sect ~ {l (1~ -itA.'" k- (Jerk of (ountil, Oubl,", OhIO ~,~--~,-~--_.._---------~_.~'~~---'~-~-- CIVIL DIVISION ..***. CRIMINAL DIVISION 90 W. Broad Street "'W" 375 S, High Street Columbus, Ohio 43215 * * Columbus, Ohio 43215 . * 614/645-7385 "'- ~ 614/645-7483 FAX 614/645-6949 '%, ~ ~'\ FAX 614/645-8902 "t'4'(n~~'t~ CLAIMS DIVISION REAL ESTATE DIVISION 90 W, Broad Street RONALD J. O'BRIEN 109 N. Front Street Columbus, Ohio 43215 CITY ATTORNEY Columbus, Ohio 43215 614/645-7717 614/645-7712 FAX 614/645-6949 COLUMBUS, OHIO FAX 614/645-3913 ..... August 30, 1995 I I ! Janet L. Jordan, Director ... Parks & Recreation Dept City of Dublin 6665 Coffinan Road Dublin, Ohio 43017-1006 Re: License Agreement with Mr. & Mrs. Lancia Dear Janet: Enclosed please find three(3) originals of the proposed license agreement Please have all three properly dated, signed, witnessed, and notarized as to your City Manager, and return all three to me for execution by the City of Columbus. Once all three originals are fully executed, I will forward a signed original to you for your files, Thanks for your help on this matter, and if you have any questions, please call, ,.... I Richard A. Pieplow -- Real Estate Attorney Real Estate Division ,.. ------,-------_..__..._...~'''- ~ "EXHIBIT A" . LICENSE AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that the CITY OF COLUMBUS, OHIO, "Licensor/Grantor", a municipal corporation, for One Dollar ($1. 00) and other good and valuable consideration paid, the receipt of which is hereby acknowledged, by FREDERICK N. LANCIA and MARY ELLEN LANCIA, "License,e/Grantee" , - husband and wife, whose tax mailing address is 6100 Karrer Place, Dublin, Ohio 43017, does hereby grant upto said Licensee/Grantee this license in, over, under, across and through the following described real property subject to all covenants, conditions, limitations and agreements (Le., terms) contained herein: (SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "I" AND MADE A PART HEREOF) This license is granted upon the following terms: 1. INDEMNIFICATION-SAVE HARMLESS Grantee(s) shall forever indemnify and hold harmless the Grantor and all of its agents, employees and representatives from and against all claims, damages, losses, suits and actions, including attorney's fees, arising or resulting from the Grantee(s) , use of the real property described in Exhibit I by Grantee(s), their agents, representatives, employees or invited guest or any person or persons who may use or benefit therefrom pursuant to the rights obtained by Grantee(s) under this Agreement. 2. REAL PROPERTY TAXES The Grantee (s) shall be liable for all and shall pay the ,..."" Grantor, upon invoice, for all real property taxes imposed upon the subject property by virtue of the grant of this License Agreement i/i.,t""""",- and/or the Grantee(s)' ~se thereof. Grantee shall have right to appeal to the taxing authority any real property taxes imposed on the license premises/area. 3. ~ This license agreement shall be irrevocable for a term of Ten (10) consecutive years commencing on the date of execution hereof by the Licensor/Grantor. Thereafter, this license agreement shall be revocable at the will of the Licensor/Grantor, but shall continue in full force and effect upon the same terms, except the "irrevocability" feature, until such time as it is terminated as provided in paragraph 6 hereinafter. -""--,~'~ ~c~",.."" .~ 4. CONSIDERATION The Licensor/Grantor enters into this License Agreement in consideration of the Licensee's/Grantee's acceptance of all covenants, conditions, limitations and agreements ("terms") contained herein, and in further consideration of the sum of Five Thousand Five Hundred Dollars ($5,500.00), which sum is a one-time fee charged for this license. .... 5 . AS S I GNHENT .....d Subject to all terms contained herein, this License Agreement may be transferred by Licensee/Grantee to anyone who purchases Licensee' s/Grantee' s abutting real property after the date of execution of this instrument. 6. TERMINATION This license agreement may not be terminated by Licensor/Grantor during the Ten (10) year term stated in paragraph 3 above, except for failure to comply with or breach of any term. Subsequent to said Ten (10) year term, this license may be terminated, with or without cause, at the will of the Licensor/Grantor, upon passage of an ordinance to that effect by Columbus City Council. Licensee/Grantee may terminate this License Agreement at anytime by giving Ninety (90) days notice. In the event of termination by Licensor/Grantor, it shall give Licensee/Grantee Ninety (90) days notice, at the end of which this license agreement shall be terminated, and the Licensee/Grantee shall remove or abandon all Licensee's improvements. In the event Licensee elects to remove or abandon its improvements, Licensee shall give notice to Licensor of such election within Thirty (30) .", days of date of termination notice. In the event Licensee elects to remove its improvements, then such improvements shall be removed I wi thin a reasonable time not to exceed 6 months from date of -- termination notice, and Licensee shall be obligated to restore the premises to its former condition prior to improvement or a condition reasonably acceptable to Licensor/Grantor. In any event, after abandonment or removal of improvements and termination, all improvements remaining on the premises shall become the unencumbered property of the Licensor/Grantor which shall be released from any obligation or liability to Licensee/Grantee arising or resulting from this License or termination hereof. In addition, upon any termination hereof, the Licensee/Grantee shall have no claim against the Licensor/Grantor for prorated or unamortized consideration, and said Licensee/Grantee does hereby waive any and all rights to any such claim. ~"'''l' ~. 7. PURPOSES AND USES The Licensee/Grantee may utilize the subject premises to construct, maintain, repair, use and remove a paved parking lot and uses incidental thereto, including and limited to installation of steps, curbs, sidewalks, landscaping, lighting, water sprinklers, storm sewer lines, fencing, and placement of trash receptacles. 8 . EXCLUSIVE USE AND CONTROL .tIW<f";". The Licensee/Grantee, their employees, tenants and invitees ~ shall have exclusive use and control of the license premises/area, subject to the following exceptions thereto: (a) The general public shall have the right to ingress and egress for pedestrian, bicycle, and vehicle traffic and parking, during the operating hours of the adjacent city of Dublin park, while at the park and engaged in activities that are lawful and not in violation of park rules and regulations. Grantee shall reserve a minimum of five parking spaces (two handicap designated spaces and three regular spaces) in the license area during Grantee's business hours on business days, Sunday through Saturday, and additional parking spaces in the license area at other times and evenings, subject to such rules and regulations as Grantee and the City of Dublin may agree upon from time to time; (b) Grantee shall have the right to control general public access to the license premises/area from and over the Grantee's adjoining property during those times that the adjacent Dublin park is i-- closed to the public. The license premises/area is I within the City of Dublin corporate limits and thus -- falls under the jurisdiction of the city of Dublin for providing police and fire protection and other such municipal services. 9. PAVED WALKING PATH & HANDICAP RAMP As a condition of this License Agreement, the Licensee/Grantee shall construct, at their sole expense, a paved walking path with a handicap ramp in accordance with plans and specifications provided by the City of Dublin and agreed to by Grantee, as depicted on Exhibit III attached hereto, which walking path shall connect the License premises to the nature trail located in the park operated by the City of Dublin, which paved walking path and handicap ramp shall be maintained and operated by the City of Dublin at its sole expense. Grantee shall construct said improvements. t<l\rt',..:'<iI!t ,,--~~,-~-~..~~~~~'-==, ." '- "-,~,,~_._~ "- ~~ ~. 10. RECIPROCAL LICENSE FOR INGRESS/EGRESS The Licensee/Grantee herein does hereby grant unto the Licensor/Grantor herein an ingress/egress license across and through certain real property described in Exhibit IV, attached hereto and made a part hereof, and also shown as "B" on Exhibit II attached hereto, for the purpose of providing Licensor/Grantor, City of Columbus, (and thereby the City of Dublin) and the public with vehicle, bicycle, and pedestrian access to and from the -- license premises and to said Dublin park adjacent thereto. This ingress/egress license shall terminate simultaneously with the -- Licensor's Grantor's termination of this License Agreement. In addition, during the continuance of this reciprocal ingress/egress license, the Licensor/Grantor and/or the city of Dublin shall have the right to construct and maintain a sign at the southeast corner of the ingress/egress license area identifying the subject adjacent park area. The Licensee/Grantee and City of Dublin shall agree on the exact location, size, material, color and verbiage of such sign prior to installation thereof. 11. ZONING The Licensor/Grantor will cooperate with Licensee/Grantee to the extent allowed by law to obtain any necessary rezoning or variances in order to utilize the subject premises as intended herein. TERMINATION OF CITY OF DUBLIN LEASE AGREEMENT AS TO THE LICENSE PREMISES/AREA The license premises/area is a part of 7.562 acres leased to the City of Dublin in a Lease Agreement dated August 9, 1990, between the City of Columbus, Lessor, and the City of DUblin, Lessee. Pursuant to paragraph 11 of said Lease Agreement, the city of Columbus, by this License Agreement submitted to the City of -~ Dublin for approval, does hereby give the City of Dublin notice of partial termination of said Lease Agreement as to the .206 acre tract as described in Exhibit "I" of this License Agreement, with the result being that said Lease Agreement is amended and revised to except said .206 acre tract therefrom and continue such revised and amended Lease Agreement in full force and effect. The city of Dublin, in consideration of the covenants, conditions and agreements made by the Licensee/Grantee in the foregoing License Agreement does hereby waive its right to 90 days written notice of termination as to the .206 acre tract described hereinabove, and does hereby consent to such partial termination of said Lease Agreement to the extent necessary for the Licensor/Grantor to enter into this License Agreement, and by so consenting does hereby effect an amendment and revision of said Lease Agreement as to the real property included therein and does accept the benefits and obligations given to and placed upon it by virtue of the terms of this License Agreement. ""-;"'; ~. .~ IN WITNESS WHEREOF, the City of DUblin, by its City Manager, being duly authorized by Dublin City Council Ordinance No. , has caused this instrument to be subscribed this day of , 1995. CITY OF DUBLIN Signed In The Presence Of: a municipal corporation - Witness Timothy C. Hansley Print Name: ci ty Manager .... Witness Print Name: STATE OF OHIO COUNTY OF FRANKLIN, SS: BE IT REMEMBERED, that on this day of , 1995, the foregoing instrument was acknowledged before me on behalf of the city of Dublin by Timothy C. Hansley, City Manager. (seal) Notary Public IN WITNESS WHEREOF, the Licensee/Grantee Frederick N. Lancia and Mary Ellen Lancia, have hereunto caused this License Agreement to be subscribed this '":2..TT\.i.. day of -J v h.~~ , 1995. ..... I /"' I 1- Si;ned/ In~ presen.ce Of: ,_J'., ( . \'.. ~_/~ ""- . / " /.' J ' \'1 , I t \ /" '\ ....... "../ \"../ /,' /" .J 1 1 ' ., l ~ 1 \ _ \ .,' " '0, j , i. \ ", ,/ ! " 1- I '--,-,.....v-:},\:'. ,\ \ ).1 (r I' ; ,iI /' I " j , J r 1,,-') I- , ~/ '-' ~ ,'., .~...... ".J _-,\_~ _ ',' ((~o:~ 0 >, /- "".1-'/:' . / J "'-.l_ ,_,./.../ \ .J ' ~ Witness ;/ . " /'. Frederick N. Lancia/ husband Print Name: )~ ,ej5;Y:!:..I'. :jJ;,:.-,'~) , r I _! J . 1. . V i - <--..... ,J . -r'j ! /) J) "1 r) / , './" '~^'-/ \ 1 r,~ h t / I / {, , , . 1 !j , , ,/.._' /' I ~ or :..",; / I . '- ", {\?, . 11-. , ,-.. ( ;f) f. / l l] !(y J " /~1j~~0:Z, i (L/:V!.{J) ) Witness [' 11 L _ . i I ._,,"", Mary Elr~n Lancia, wife Print Name: ,~c.f) ': f.. U/-tCO / ; ~-j ...~ -,--- '"' -,,-,~"-'-~~, ~--_."-,,~,,.- "_. '. ~ STATE OF OHIO COUNTY OF FRANKLIN, SS: BE IT REMEMBERED, that on this :;., -; day of '--)/4 N<- , 1995, the foregoing instrument was acknowledged before me by Fr~.~1!r.-~~, N.- Lancia and Mary Ellen Lancia, husband and wifeb.. ;1 .~.,' . . ( ''', ---I- J I' "" /j {:, '( se~~i ~OROTl-!y' ,A. !:~:.X'~.'ELL ~ nrl, hAJ l( r1 H-1!V1r7; /.' - : \'~- -: t,JTA"y pu~..,c, S,n," Or OHIO t bl. ~ ,;-'. ;r' ..;:" 1 MY COMMISSION EXPIRES FEB. 1.1998 0 ary u 1C .. 't: ~,"":- ~ \"tS;;.. l. "-' .:..:.~..... 0 $~ , _,. ",:j/E OF O"'~* , ~ "".......'" 'IN wITNESS WHEREOF, the Licensor/Grantor, City of Columbus, Ohio, by Gary N. Fentor, Director, Department of Recreation & Parks and James P. Joyce, Director, Department of Public utilities as authorized by Columbus City Council Ordinance No. , passed on the day of , 1995, have hereunto caused their names to be subscribed this day of , 1995. CITY OF COLUMBUS. OHIO Signed In The Presence Of: a municipal corporation Witness Gary N. Fenton, Director Print Name: Dept. of Recreation & Parks Witness Print Name: - i i .~ , Witness James P. Joyce, Director Print Name: Dept. of Public utilities Witness Print Name: !lI!r'"'''' '----....M=_"~~_______~~~~-__ V_,'''_ _ ~ .... _." _..,~,~ "'",,~~..,..~,,'.' n ~"~ f STATE OF OHIO COUNTY OF FRANKLIN, SS: BE IT REMEMBERED, that on this day of , 1995, the foregoing instrument was acknowledged before me on behalf of the City of Columbus, Ohio, by Gary N. Fenton, Director, Department of Recreation and Parks and James P. Joyce, Director, -- Department of Public utilities. _ji!>i (seal) Notary Public This instrument was prepared by: ~ CITY OJ!' COLtlMBOS, OHIO, DEPARDG:N'1' OJ!' LAW By: Richard A. Pieplow, Raal Estat. Atto .y Real Estate Division J!'or: Div. o~ Water, Dept. o~ Public Otiliti.s " Dept. o~ Recr_tion Parks Re: Licens. A9r_t-.206 acr. tract for parking (Griggs Reservoir) me: rap: licagree.lan ~ _ _ _m~_'_ __,.,,,_'____,_",,._ -','-'---".~--"-',_.._----'--'~--~ -~--~--- -"-------------~~ - ---------... ~--- -----"----'- ,~ ..~ - :. LICE>1$!t NlI>o?A'EIY/SES - Situate in the State of ohio, County of Franklin, City of Dublin, being located in Quarter Township 3, Township 2, Rang_ 19, United States MIlitary Lands and bein; a strip of land fifty (50) feet in width acrOBS part of that tr3ct of land conveyed to the City of Columbus, by deed of record In Deed Book 314, Page 567, all references being to records in the Recorder's Office, Franklin County, Ohio and bounded and described as follows: Begin~ing at a point in the southerly line of the 0.206 acre tract conveyed to Rivers Edge One, by deeds of record in Official Record 5719819 and Otficial Record 6755K19, said point also being the northwesterly corner of that tract of lAnd conveyed to Sivad Investment Co., by deed of record in Official Record 5719a19 and being the northeasterly corner of said City of Columbus tract; thence Soutb 19- 39' 00" East, along the westerly line of said SIvad Investment Co. tract, ~ distance of 124.45 feet to the southwesterly corner of said tract; thence South 87- 55' 45" East, alonq the southerly line of said Slvad Investment Co. tract, a distance of 1.81 feet to the northwest.rly corner of "QUARRY PLACE OFFICE PARK", as the plat of same is of record in Plat Book 6S, Page 3: thence South 26- 37' 36" West, along the westerly line of said "QUARRY PLACE OFFICI!: PARX", a dl stance of 7 t. 51 fnl: to a. point; thence North 1~- 39' 00" West, a distance of 179.36 feet to a point in tHe southerly line of the Rivers Edge One 0.206 acre tract: thence North 75- 51', 00" East, alon'g sa.id southerly line o! _U" the 0.206 acre tract, a distance ot 50.23 feet to the place of beg inning. ::r.. EXHIBIT _ ~,'<'" -, ~-- ~ ..__. - - --- ..EMRl PLAT OF PROPOSED PARK/"I:' 8 ACCESS AR EAS l..L,vATED IN QU~ TOWHSHIP 3 , tCM'N8HIP 2, RAHQE 19~ --- COllttJlAllIlI IHOIIIII.. I lunttou UNITED STATES MIll TARY LANDS 'UA~.t. 61\10 III" CITY a: 0 U B L 1 N I FRANI<L1H COUNTY, OHIO !cAlJ: I~ - JO' JUNE,7, 1II1 RECORD RtrutVfCES \0" y' rJ to' I I n. b.or/no. .hown /I.r,ol! llr. baud on b.orlnOl Co,.Io/n.d 1ft dud c' r .cord In O.R. 67IP,,, . .,.. - :n I Edqt 'OM \~ - CJ) R I 'i II r S 2 a 6 /JI;. 1 - a. 119819 .0 o.Fl, ~755H19 If. m ~ a.Fl. ~t ELle-N ~ ~ nfl. ~ N . f~~eJ?'C )..~ilCJ fJ '. - c: . CJ') . r~ \ -;u ~\ I ~ 'to _ saT"' ~3'4~.E \ .. . ~ '(jJ.~~- --.- . .. ~~ :1 . 7'8 a:r - - -\ '~~1i1i ~ ...... !I 10" _ ---; , ... 0'11\. - ~o. 00 \'8" m \II 0\ o. . t.>t .... ~ PftJpO..d .4 e e~.. ~ \ ut .. .- ~ "'0.11' e \ ~ HaT"' ~~'4~.1V .. \ saT.','","! ~ -l I. SI , , columbO! \ . Co .,. .., " '" park -\ ." OffIce cllt or 561 \ .. ploCe 4 pq. .. p).:3 D,B,~I I, \ ., QudfrY p ,8. 68. .. , EXHIBIT ~ E.M.H.dT. INC. n, _~ Df ~/f!l- . . , -- .. .~. - ~...J.wl-.I ~,.. ,~rflf , ~~ ~" , " '~ ~ ;1 "\. if .3 " ~ """'~'1Oll ~ ~!1 I! ,~ :~)~ ~i U! ~ ,,","'" 0 ~;N -------- ~~ ~ , ie !3)',IIJ8JT III - ~ SITE I'Lo\N FOR I'ROPOSED I'ARI\IN<; b\Sr.~ENT - ~ ~-,..-- "",~-=-"'~~","",~.~--~-~""'"---- - ~-~ ~ I - . - , , - ... ACCESS AABA - Situate in the State ot Ohio, County of Franklin, city of Dublin, being located in Quarter Township J, Township 2, Range 19, United States Military LAnds And being part ot that tract ot land conveyed to 51vad Inve.tment Co" by deed of record in Otficial Record 5719819, all references being to ra~ordl in the Recorder's Office, Frllnklin County, Ohio and bounded and described AI tollowsr Beginninq at a point in the centerline a! Riverside Drive (u.s. Roul:e 33) al: th~ southeasterly corner of said Sivad Investment Co. tract:, the northeasterly corner of "QUAM'! PLACI!; OFFIC2 PARK", of record in Plat Book 68, Page 3; . thence Nortn 87. 55' 45" West, alonq 1:11. northerly line of "QUARRY PLACE OFFICE PA1UC", and uid line produced westerly, a distance of t30.11 feat to the southwesterly corner of the Sivad rnvestruant Co. tract ~ thence North 19.)9' 00" West, along the westerly Hne of said Sivad InvestMent Co. tract, a distance of 20.00 feet to a point~ thence North 70. 21 ' 00" East, a distance of 50.00 feet to a point~ thenc. South 81. 55' 45" East, a distance of 78.S4 feet to a point in the centerline of Riverside Orive: thence along said centerline of River5!de Orive, beinq the are at a curve to'th. riqht: (Sub Delta. O' 46' 52" Radius. 2864.79 feet), a chord bearin. and distance of South 1St 10' 2S" East, -.. 39. OS feet to the place of beqinninq. , -~~ , 'EXHIBIT ~ -, , .......