140-99 Ordinance RECORD OF ORDINANCES
D on Le al Blank Co. Form No 043
Ordinance No ...........................140-~9.........-......... Passed
AN ORDINANCE AUTHORIZING THE PURCHASE OF AN 11.71
ACRES, MORE OR LESS, TRACT OF LAND, FROM RALPH P.
AND JULIA C. HAT,LORAN, CO-TRUSTEES, LOCATED AT 6124
POST ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN,
STATE OF OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, a goal of the. Dublin City Council is to continue to acquire land for
parkland purposes; and
WHEREAS, the City desires to enter into an agreement to purchase an 11.71 acre,
more or less, tract of land for parkland purposes for $585,000.00. and
WHEREAS, the aforementioned objectives will require the City of Dublin to obtain
a fee simple interest in the 11.71 acre, more or less, premises more fully described in
the attached Exhibit "A", located in the City of Dublin, Franklin County, Ohio.
NOW, THEREFORE, BE IT RESOLVED by the Council, of the City of Dublin,
state of Ohio, ~ of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute an Agreement to
Purchase and any necessary closing documents related to the acquisition of the 11.71
acre, more or less, tract of land and paying any related costs.
Section 2. There has been appropriated jointly from the Capital Improvements Tax
Fund and Parkland Acquisition Fund Five Hundred Eighty Five Thousand Dollars
($585,000.00) to account 401-0314-780-2510 and 402-0210-780-2510 respectively, for
the purchase of acquiring the 11.71 acre, more or less, tract of land and paying any
related acquisition costs.
Section 3. This Ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public peace, health, safety and welfare, and for the
further reason that there is a closing date in early January of 2000. Therefore, this
ordinance shall take effect and be in force immediately upon its passage.
Passed this ? //a(- day of , 2000.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
~ rnrF,i?~ C@rtii;.' ti~ct r^?):~5 Ot` t{?t, j"q,~ ,n,~n,\ai~?~~~;+lii¢'n~ '~/^re ~70StOf~ In th8
City Of Dubd<n .n a.cordance u~~it;a Sect on 731.2 t,lc ^`;io Revised lode.
ierk of council, Qublin, fThia
\\CUMULUS\VOLI\DATA\COUNCIL\ORDINANCU40-99 HALLORAN.DOC
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l:r.~a~eer
QUIT CLAIM DEED oate%~
KNOW ALL MEN HY THESE PRESENTS: That Ralph P. Halloran and Julia C. Halloran,
husband and wife, in oonaideration of One dollar and other good and valuable considerations, to them
in hand paid by Ralpb P. Halloran, Trustee of the Ralph P. Halloran Inter Vivos Trust Agreement, dated
Odober 24, 1997 and Julia C. Halloran, Trustee of the Julia C. Halloran Inter Vivos Trust Agreement,
dated October 24, 1997, whose address is 6124 Post Road, Dublin, Ohio 43017, do hereby Remise,
Release and Forever Quit Claim to the said Ralph P. Halloran, Trustee of the Ralph P. Halloran Inter
Vivos Trust Agreement, dated October 24, 1997 and Julia C. Halloran, Trustee of the Julia C. Halloran
Inter Vivos Trust Agreement, dated October 24, 1997, their heirs and assigns forever, the following
described real estate:
Situated in the County of Franklin in the State of Ohio and is the Township of Washington and bounded
and described as follows:
Being part of Survey No. 2999 and part of Survey No. 3010, Virginia Military Lands, also being part
of that certain first trail, together with all of that certain Seoo~ tract as conveyed to Anne L. Sheridan
by Special Masts Commissioners Dead and shown of record in Deed Book 1109, page 577, Recorder's
Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at a harrow tooth in the center line of Post Road, same being N. 88° 45' E. a distance of
146.50 ft. from a spike at the intersection of said center line with the center tine of Wilcox Road; thence
from said begimling point N. 1 ° 35' 06"W., a distance of 309.47 R. to an iron pin in the northerly line
of said First Traci; thence N. 87° 52'20" E. along the northerly line of said first tract, a distance of
673.36 R. to a scone at a corner of said First tract; thence N. 5° 31' E. along the line of said First tract
and along the westerly line of said Second Tract, a distance of 319.52 ft. to a point at the northwesterly
corner of the aforememioned Second Tract; Wence N. 86°39'34" E., along the northerly line of said
Second Tract, a distance of 465.40 ft. to an iron pin at the northeasterly corner of said Second Tract;
thence S.4° 16'45" W., along the easterly line of said Second Tract, a distance of 254.25 ft. to an iron
pin at the southeasterly corner of said Second Tract; and in the »ortherly line of said First Tract; thence
S. 2°06'16" W, and across the aforementioned First Tract, a distance of 394.86 ft. to a harrow tooth in
the center line of Post Road, the same being S. 88° 00' W., a distance of 183.83 feet from a spike set
' at the imetsection of the easterly line of the aforesaid first tract, north of Post Road with said center line
of Post Road; thence S. 88°00' W. along the center line of Post Road, a distance of 512.32 feet to a
harrow tooth at an angle point in said center line; thence continuing along the center line of Post Road
I S. 88°45' W. a distance of 614.01 ft. to the point of beginning, containing 11.714 acres.
PRIOR DEED REFERENCE: Vol. 2434, Page 638, Franldin County Recorder's Office
and all the Estate, Right, Tide and Interest of the said grantor(s) in and to said premises; to have and to
hold the same, with all the privileges and appurtenances thereumo belonging to said grantee(s), their heirs
and assigns forever.
IN WITNESS WHEREOF, the said Ralph P. Halloran and Julia C. Halloran, each release their
respective right and expectancy of dower in said premises, have hereunto set their hand(s) this I 1 day
of November, 1997.
Signed and acknowledged
in pl~r'e'se~n1(cYe~of~:~ 1l~~\p AL
w:tu.... r T,r.+l~, Ralph .Halloran
' i
~ ~/w UNVFYAidCE TAX ~ ' ~ ~
C~r~/rfRic-~' ,C~~CIE,P ~;~f~~•~ alts C. Halloran TRANSFERRED
N 0 Y 19 1997
FRARKLtN f:G'.''1iY .5U'r'(~ .IOS AUO TOR STA
~ ~ FRANKLIN COUNTY. OHIO
en
m
_.~LL ~.~_...o_..o.~.._.W. - , r.
STATE OF OH10, COUNTY OF FAYETl'E: ss
On this I 1 day of November, 1997, before me, a notary public in and for said county, personally
came Ralph P. Halloran and Julia C. Halloran, the grantor(sj in the foregoing dead, and ackrwwledga!
the signing thereof to be their voluntary act and decd.
w~
WITNESS my official signature and seal on the ¢ay last above mentioned.'I I
oar
Notary Public
1';ILLI!!~If T. a;lorney A? C12Y
IdY CORAf:47;;~.;.1;7 I: :S,WG
EXPIRATIGH UA7E
This instrument prepazed by: William T. Junk, Attorney at l:.aw
JUNK AND JUNK ATTORNEYS
213 N. Main Street
Washington C.H., Ohio 43160
III".
~ DEC. 6.1999 1~46PM S Z & D N0.377 P.2
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SC HOTTENSTEIN, ZOX ~ DL1NN
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~~0 14 TrsL~rxONl; 614/4b2-2700 ~ FAX 614/462-5135 Sutrs
~ TIIL~ea°1~ID 216/a79-6807 C1NaII~NwTC, Ofpo 45236-$926
W8B81T8: WWy:SZD.COM T~tergoxe 513/792-2730
I
I MEMORANDUM
TO; Dublin City Council
FROM: Stephen J. Smith, Law Dixector
DATE: December 6, 1999
Hallorat] Property
You will note in your packets that there is a proposed purchase contract on the Halloran
property. A number of Council people have contacted our office and asked if we had authority
from Council to purchase this property and zuy comment to that ruould be that Council directed
staff to take advantage or present to them opportunities to purchase Post Road property that
might become available without the use of eminent domain or actively seeking to purchase
property,
Approximately one year ago, the attorney for the Halloran property approached legal
staff about the possibility of developing the eleven acre Halloxall site and/or purchasing the
same. Tn an Executive Session, Council indicated to staff at this time that they had no desire to
purchase that property for the "development price" and that we sb,ould also advise the properly
owner that because of previous discussions and/or direction ou Post Road development, that the
opPo~tY for acedevelopment of that site would surely be limited to the residential
"characteristic" of the street,
However, Council did indicate at that time to staff that if the land owner at some point in
time wished to discuss a ~?oluatary sale at a very reasonable price, that we would take a Iook at
that. A nurrlber of months ago, staff received a letter of inquiry from a new attorney
representing the property owner, Mr. Halloran, and afrer discussing this matter with, the City '
Manager, advised the property owner that we would be willing to present this matter to Council
for their review if, in fact, we reached a price that was the same as we have paid for other
properties on Post Road including the Community Recreation Center land, the Ferrell property,
and other properties in the area. After negotiations, the property owner presented us with a I
"possibility of a fast track purchase" due to the health of the land owner and other issues. Thus,
we have prepazed the appropriate legislation to indicate to Council the opportux]ity to purchase. I
It has been made perfectly clear to the applicant that this project or proposal is completely ~
subject to Council discretion and the reason it was put in the form of $ contract rather that just an ~
Executive Session, is that we have only ozle meeting in December and the property owvner ~
I
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~ DEC. 6.1999 1~47PM S Z & D N0.377 P.3
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~ w?anted. to close immediately after the first of the year on this price if, in fact, Council was
~ agreeable to purchase. Based on the follovvi~g, the undersigned chose to present this master in
' this fashion, somewhat out of the ordinaxy process that we normally follow ~w?ith respect to land
~ acquisition. It now appears my presenting the issue in this manner k~as caused some confusion
for which I apologize.
i ShYCe there accordingly appears to be some discussion on this matter, I would suggest
that we move into Executive Session to discuss this matter for a brief period of time just prior to
it coming to vote at our December meeting.
If Council has any fiuther questions, please do not hesitate to so advise me_
F:\s2dlSmiths~DUBLIN.CT'Y~memo Council Hallor~ 355050-94D.doc
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