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132-02 Ordinance RECORD OF ORDINANCES Dayt~*+ Legal Blank Co Form No. 30043 Ordinance No ..............................132-0.2................ Passed AN ORDINANCE AUTHORIZING THE PURCHASE OF A 3.847 ACRE PARCEL LOCATED AT 5715 AVERY ROAD AND A 1.0 ACRE PARCEL LOCATED AT 6274 SHAMROCK LANE FROM THE SHAMROCK LAND DEVELOPMENT CO. FOR THE PURPOSE OF ACQUIRING ADDITIONAL PARKLAND, AND DECLARING AN EMERGENCY. WHEREAS, a goal of Dublin City Council is to continue to acquire land for parkland purposes; and WHEREAS, the Community Plan identified the need and a general vicinity for a community-scale park in the southwest area; and WHEREAS, the City has reached an agreement with the Shamrock Lane Development Co. to purchase the 3.847 acre parcel located at 5715 Avery Road and the 1.0 acre parcel located at 6274 Shamrock Lane for $1,412,500; and WHEREAS, the City is developing an outdoor swimming facility on the land south of Woerner-Temple Road and west of Avery Road that is currently owned by the City; and WHEREAS, this land will provide additional flexibility in the development of that site, including improved accessibility. NOW, TH~REFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring: Section 1. The City Manager is hereby authorized to execute the Real Estate Purchase Agreement and any necessary closing documents related to the acquisition of 5715 Avery Road and 6274 Shamrock Lane identified on the attached Exhibit A. Section 2. This Ordinance is hereby declared to be an emergency measure for the preservation of public peace, health, safety or welfare and for the further reason to complete the real estate transaction in accordance with the terms included in the Real Estate Purchase Agreement; therefore, this Ordinance shall take effect and be in force immediately upon its passage. Passed this day of ,~I/ 0 V ~/~.~J «2002 Mayor -Presiding Officer Attest: Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. rk of Council, Dublin, Ohio ii ~_x~ia~~~s~oava u Q o ~J ~ a ,a x ~ ` ~ 1\ ~1 . Z _ o ~ _ ~o ~ _ ~ ~ Q. ? } 1 o _ ~ - - ? o ~ ~ ~ o o a ~ ~ ; ~o ~ ~ p o ~y ~ . 0 0 ~ ~ ~ o ~ as xa3 ~~l U ' f~r~ ~ i a a N v ~ ° n .A cn 'O U1 D ~ ~ rr C fD ~ ~ ~ ~ D II fD Q g w 0 ~ ~ ~ O °o ~ a Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 c~Tl-off nue~~N Phone: 614-410-4400 • Fax: 614-410-4490 Memo To: Members of Dublin City Council From: Jane S. Brautigam, City Manager~c~,,,,~5. ~j~,t,t;~°C~~ Date: November 12, 2002 Initiated By: Marsha I. Grigsby, Assistant City Manager/Director of Finance. Re: Ordinance No. 132-02, An Ordinance Authorizing the Purchase of 5715 Avery Road and 6274 Shamrock Lane SUMMARY: As part of the discussion on this Ordinance, a question was raised with regard to the estimated demolition costs and whether or not the buildings could be sold at an auction. Per discussions with a representative for the Shamrock Lane Development Co., (the Seller) once the legislation for the City to acquire is passed, the Seller intends to advertise the availability of the buildings for purchase. The City will also make contact with individuals/companies that may have some interest in purchasing the buildings. Our agreement with the Seller is that any proceeds from the sale of any buildings and/or the value of any buildings removed from the property will be credited against the purchase price at closing. In an effort to provide more of an incentive for the Seller to sell or remove the buildings, we may consider sharing a portion of the proceeds with the Seller and eliminate future demolition costs to be paid by the City. At this time, the Seller does not have an estimated demolition cost. His agreement with the City is to obtain three estimates for the work. If the City requires the Seller to perform the work, then the City's reimbursement for the demolition work cannot exceed the lowest of the three estimates. The City also has the option to perform the demolition work. RECOMMENDATION: Staff recommends the adoption of Ordinance No. 132-02 on an emergency basis at the November 18, 2002 City Council meeting. T:\2002\096-ORD ]32-02-MEMO.doc Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 CITY OF DUBLIN Phone: 614-410-4400 • Fax: 614-410-4490 Memo To: Members of Dublin City Council From: Jane S. Brautigam, City Manager~~-~-5 ~ d~tia-~~?,-,-J Date: October 28, 2002 Initiated By: Marsha I. Grigsby, Assistant City Manager/Director of Finance`l~ Re: Ordinance No. 132-02, An Ordinance Authorizing the Purchase of 5715 Avery Road and 6274 Shamrock Lane Summary: As City Council Members are aware, staff has been involved in negotiations with the Shamrock Lane Development Co. (the Seller) in recent months to purchase the referenced properties. We have recently reached agreement on the terms of the acquisition. The acquisition cost is based on the appraised value of the properties. The closing on the property will not occur until the necessary environment remediation and the demolition and/or removal of the improvements (i.e. building, structures, pavement, poles, underground storage tanks, etc.) have been completed. The target date for completion of these items is December 31, 2003. The Seller will be responsible to provide a Phase II Environmental Site Assessment within seventy-five days of approval. If the Phase II shows the contamination levels exceed residential standards, but the cost estimate to remove or remediate the contamination is $95,000 or less, the Seller must perform the work. If the cost estimate to complete the removal or remediation of the contamination is in excess of $95,000 the Seller may proceed with the remediation or terminate the Agreement. The City does have the ability to nullify the Seller's election to terminate the agreement by agreeing to pay for reasonable remediation fees which exceed $95,000. Recommendation: Staff recommends the adoption of Ordinance No. 132-02 on an emergency basis at the second reading scheduled for November 18, 2002. MIG/JSB/mc