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70-05 Ordinance
RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 70-05 Ordinance No. Passed 20 AN ORDINANCE AUTHORIZING THE PURCHASE OF A 0.68 ACRE, MORE OR LESS, TRACT OF LAND, FROM CRAIG R. SONKSEN LOCATED AT 35 DARBY STREET (PARCEL NOS. 273-003680-00 AND 273-000310-00), CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, a goal of the Dublin City Council is to acquire land for the revitalization and parking improvements within the Dublin Historic District; WHEREAS, the City desires to enter into an agreement to purchase a 0.68 acre, more or less, tract of land, known as parcel nos. 273-003680-00 and 273-0003 1 0-00 for the re-vitalization and parking improvements within the Dublin Historic District for $690,000.00; and WHEREAS, the City has ninety (90) days after the agreement is signed (the "Contingency Period") to complete its inspections (environmental, asbestos, soils, etc.) of the Property. The City may terminate the agreement if it's not satisfied with its inspections; and WHEREAS, within five (5) business days after the Contingency Period, the City must pay Sonksen a cash advance of $200,000.00. Sonksen rrlust use the advance to facilitate its purchase of 45 North High Street (the "Future Krema Property") and provide to the City a promissory note for $200,000.00, together with a first mortgage lien on the Property; and WHEREAS, at the closing, Sonksen must grant the City asidewalk/landscaping easement over a portion of the Future Krema Property. The City is to pay $5,000.00 for the easement; and WHEREAS, at the closing, the City must lease the building to Sonksen for $1.00 (the "Lease"). Sonksen is responsible for all upkeep of the building, including real estate taxes. The Lease ends upon Sonksen's completion of its re-development of the Future Krema Property; and WHEREAS, the aforementioned objectives will require the City of Dublin to obtain a fee simple interest in the 0.68, more or less, tract of land, known as parcel nos. 273-003680-00 and 273- 000310-00, located at 35 Darby Street, City of Dublin, County of Franklin, State of Ohio, as described in the attached Exhibit "A"; and WHEREAS, it is necessary to amend the annual appropriations ordinance to provide funding authorization for the acquisition of the property. NOW THEREFORE, BE IT ORDAINED 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 a Real Estate Purchase Agreement and any necessary closing documents related to the acquisition of the 0.68 acre, more or less, tract of land and paying any related costs. Section 2. There be appropriated from the unappropriated balance in the Capital Improvements Tax Fund the amount of Seven Hundred Thousand Dollars and 00/100 Cents ($700,000.00) to account 401-0314-780-2510, for the purchase of acquiring the 0.68, tract of land and paying any related acquisition costs. Section 3. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. ~ J Passed this ~~~ day of / V D Ili In ~~~' , 2005 Mayor -Presiding Officer I hereby certify that copies of this Ordinance/Resolution were posted in the ATTEST: City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. ~~~~ ~ ~ , Clerk of Council Dep Clerk of Council, Dublin, Ohio SCHOTTENSTEIN ZOX&DUNN~.,~„ MEMORANDUM TO: Dublin City Council Jane Brautigarn ,v~JY FROM: Paul A. Hammersmith, PE, Director of EngineeringlCity Engineer Stephen J. Smith, Law Director DATE: November 2, 2005 RE: Purchase of Craig R. Sonksen Property, 3 S Darby Street Ordinance 70-OS SUMMARY: In conjunction with the goal of Dublin City Council to acquire land for the re-vitalization and parking improvements within the Dublin Historic District, the City needs to acquire a 0.68 acre, more or less, tract of land located at 36 Darby Street, from Craig R. Sonksen. The City and Sonksen have agreed to the terms of sale and compensation in the amount of $690,000. Ordinance No. 70-OS is for the purchase of the necessary tract of land required for this re- vitalization of the Dublin Historic District. RECOMMENDATION: /~~ ~© Legal Staff recommends approval of Ordinance No. 71. 5. SZO.com dumbus Cleveland Cincinnati 250 West Street~Columbus, Ohio 43215-2538 I P-O. Box'165020, Cviurnbus, Ohio 43216-5020 ~ Wice: b14-4b2-2700 ~ Fax: 614-4b2-5135 ~zdcr No.: 20081196 WES Survivorship Deed ROBERT D. LONG AND ANNA M. LONG, HUSBAND AND WIFE In=_~ ti~rr~ar~ pp~;2 FM:ftl.N 2:t1PK Frank lln Coix+t~la~c°rd~r axT20aaa~a~ of FRANKLIN County, Ohio, far valuable aeration paid, grant(s), avith general warranty vovenants, to R. CRAIG SONY.SEN AND MELISSA W. SONIG4$N, HUSBAND AND WIFE for their joint liven. remainder tb the aarvivaa of thorn, vvhosc tax-mailing address is: 35 DARHY STREET DUBLIN, OHIO 43017 the folbwalg RF1-L ]'80PffitTY: SITItATSD IN THE STATE OF OHIO, COttNTY OF FRANKLIN, VILLAGE OF DUBLIN, I2Q VIRGINIA MILITARY SURVEY NO. 2542, AND BEING ALL OF A 0.3x2 ACRE TRACT OF IAND CONVEYED AS PARCEL II TO TBS OHIO SPATS BANK BY DEED OF RECORD IN OFFICIAL RECORD 7098,.PAGH A 14, RSCORDSR'S OFFICE, FRANKLIN Cpt7NTY, OHIO, AND 882ND ALL StCCSPT 24.00 FBBP OFF TH8 ENTIRE SO[TPR SZDS OF A 0.478 ACRE TRACT OF LAND CONVSYHD AS PARCEL I TO THE OHIO STATE BANK SY DSBD OF RECORD IN OFFICIAL RECORD 7098, PAGE A 14, RECORDER`S OFFICE, FRANKLIN continued on Next Page PAAlZr1.1Vo. 273-368D AND 273-310 PROPL$t1'YADDRE~: 35 DARBY STREET, DUBLIN, OHIO 43017 Subject m talars and aasessmrats vvhieh are rww ar map hereaf?er become liens an said premiaea and except conditions and restrierians a~ easements, if any, oontaitlal in farmer duds of record for said premises, subject bn all of which this conveyance is made. fhiOrInstrYffiEetItefer"E11ee: OFFICIAL RECORDS VOLiRdS 32299, PAGE 817 Of the Deal Records of FRANRLIA Gra~or releases all rights of dower therein. Witaeaa oUR haad(a} this 9th day of JUNE 20C County of FRANKLIN Sx County, Ohio. BB 1T R8h[EM8138ED, That on this 9th day of .XDNE 2000 , betorE me, the snbautber, a Notaey Poh&c is a~ for said peraonaIIq came R088RT D. LONG AHD ANNA M . LONG the GratRor(s) in the foregoing deed, and acimovAedged the signing ihcrsof to be THEIR voluntary ad and deed. 1N TEST®[QNY TFIERBOF, t have hereunto subscribed my name and affiloed my official seal ~ the day and year last aforesaid. ate ~~ ~. ~.~. t ' ~~ JM 4~ raal~ir This ingtrutuent vvas prepared by MAiGNt750dQ t. BARONH, ATTORNSY8 AT LAW - - ~ `~'~-" O Altlimr'a and iteaorde~e sw~a TRANSFERREp JtiN 16 2~ JOSEPH W. TE & 1'A DFazaclav~-xaaar FMNp.IN CGtAdT1', flip R • -~ Deed Legal Description {Continued} OBIO, AND ~nsD AMID DSSCxt28BD As FIILLOWS: BEGINNING AT A P.H. NAIL SST IN PAVBMERT IN THE WEST LINE OF TNS 20-FOOT AIDE ALLHY WEST OF NOR1'E HIGH STREET, AT THB NORTHEAST CORNER OF SAID 0.478 ACRE TRACT AND AT THE SOUTHEAST GDYNBR OF A 0.322 ACRE TRACT OF LAND CGBiVEYSD TO THS IIQDSPSNDSNT ORDER OF ODD FSLLAWS OF DIIBLIN, DUBLIN, OHIO, SY DSO OF RSOORD lld DEED BOOK 2684, PAG$ 188, RBCORDBR'S OFFICB, FRANRLSN COUNTY, 0820, SAID P.R. NAIL SSING S 7° 46' 40• S A DISTANCE OF 356 F88T FROM A POINT AT TB8 INTERSECTION OF THE WEST LTriB OF SAID 20-FOOT WIDE ALLEY WIT$ T8E RORTB LIN$ OF THS i6.5 FOOT HIDE ALLEY NORTH OF DARHY STREET; THENCE S 7° 46' 40" S ALONG THS WEST LINE OF SAID 20-FOOT WIDE ALLEY AND ALONG A 'PORTION OP THS FAST LINE OF SAID 0,478 ACRE TRACT A DISTANC$ OF 76.00 FSBT TO A 3/4 INCH I.D. IRON PIPS SET; THENCE S 82• 13' 20° W Psnat.r.~r. WITB AND 34.00 FEET AIDRR~RLY HY PERPENDICULAR M6ASUREMBN'C FROI+i TBS SOUTH LINE OF SAID 0.478 ACRE TRACT AND CROSSING 3AID 0.478 ACRE TRACT A DISTANCE OF 208.62 P$BT TO A 3/4-INCH I.D. IRON PIPE SET IN THE WEST LINE OF SAID 0.476 ACRE TRACT; THENCE N 7° 22' 20" N ALONG A PORTION OF THS WEST LINE OF SAID 0.478 ACRE TRACT AI$1 ALONG THE NEST LING OP SAID BOARD OF TRUSTEBS' D.322 ACRE TRACT A DISTANCE OF 211.00 FEET TO A 3/4 INCB I.D. IRAN PIPE SST AT THS NORTHWEST CORNER OF SAID BOARD OF TRLT$TBSS' 0.322 ACRB TRACT' (PASSING A POINT AT TEB NORTHEAST CORNER OF SAID 0.478 ACRE TRACT AND AT THH SOUTHWEST CORNER OF SAID BOARD OF TRUSTEES' 0.322 ACRE TRACT AT 76.00 PEET); THENCE N 82. 13' 20" S ALONG THE NORTH LINE OF SAID HOARD OF TRUSTERS' 0.322 ACRH TRACT A DISTANCE OF 103.13 FEAT TO A 5/B INCIi RS-HAIL FOUND BENT AND RESET AT THB NORTHEAST CORNER OF SAID BOARD OF TRUSTSBS' 0.322 ACRE TRACT AND AT THS NORTHWEST CORNER OP SAID ODD FBLIAWS` 0.322 ACRE TRACT; TEANCS S 7. 46. 40" 8 ALONG T8E EAST LIMB OF SAID BDARD OF TRUSTEES' 0.322 ACRE TRACT AND ALONG TAE WEST LIMB OF SAID ODD PBLLCRfS' 0.322 ACRE TRACT, A DISTANCE OP 135.00 FEET 1b A 5/8-INCH RA-EAR FOUND BENT AND RSSBT AT THE SOtPrRBAST CORNER OF SAID BOARD OF TRUSTEES' 0.322 ACRE TRACT, AT THE SODTNWAST CORNER OF SAID ODD F'SLI,OWS' 0.322 ACRE TRACT AND SIJ THB NORTB LINE OF SAID 0.#?8 ACRE TRACT; TBSNCS N 82° 13' 20° 8 ALONG A PORTION OF THE NORTB LIMB OF SAID 0.478 ACRE TRACT AND ALONG THE SOUTH LINE OP SAID ODD FELLOWS' 0.322 ACRE TRACT A DISTANCE OF 104.00 F$ET TO THE PLACE OF BEGINNING; CONTAINING 0.689 ACRE OF LAND NIDRB OR LESS AND BEING SUSJE["r TO ALL SASAfjIENTS AND RESTRICTIONS OF RECORD. ~ ~; -~9 /-1~--~ ~~ ~ ja ~z~3~ o®~rn,.r~4N•,s