71-05 OrdinanceRECORD OF ORDINANCES
Inc.
Ordinance No. 71-OS
Passed , 20
AN ORDINANCE AUTHORIZING THE PURCHASE OF A 0.6289
ACRE, MORE OR LESS, TRACT OF LAND, FROM EDWARD L.
UPPERMAN AND SHARON L. UPPERMAN, AS TRUSTEES
UNDER THE UPPERMAN FAMILY TRUST, LOCATED AT 6001
AVERY ROAD (PARCEL NO. 274-000025-00), CITY OF DUBLIN,
COUNTY OF FRANKLIN, STATE OF OHIO.
WHEREAS, the City of Dublin is preparing to improve Avery Road south of Shier
Rings Road and improve related traffic circulation; and
WHEREAS, the City desires to enter into an agreement to purchase a 0.6289 acre, more
or less, tract of land for road widening purposes for One Hundred Ninety Thousand
Dollars and 00/100 Cents ($190,000.00); and
WHEREAS, the City shall, on or before November 11, 2005, deliver to Upperman a cash
advance in the amount of Fifteen Thousand Dollars and 00/100 Cents ($15,000.00) to
facilitate Upperman's purchase of a new home; and
WHEREAS, to secure Upperman's obligations, Upperman agrees that upon payment of
the $15,000.00 cash advance, Upperman shall execute and deliver to the City a $15,000.00
mortgage on the Property; and
WHEREAS, the aforementioned objectives will require the City of Dublin to obtain a fee
simple interest in the 0.6289 acre, more or less, premises located at 6001 Avery Road, in
the City of Dublin, Franklin County, Ohio, as described in the attached Exhibit "A".
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 0.6289
acre, more or less, tract of land and paying any related costs.
Section 2. This Ordinance shall take effect and be in force from and after the earliest date
permitted by law.
Passed this ~ day of ~ (G (J 2h-~ ,~i >vf~ , 2005.
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.
l
De ty Clerk of Council, Dublin, Ohio
MEMORANDUM
TO: Dublin City Council
Jane Brautigam U 6 So
FROM: Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Stephen J. Smith, Law Director
DATE: November 2, 2005
RE: Purchase of Edward and Sharon Upperman Property, 6001 Avery Road
Ordinance 71-OS
SUMMARY:
In conjunction with the improvement of Avery Road south of Shier Rings Road, the City needs
to acquire a 0.6289 acre, more or less, tract of land located at 6001 Avery Road, from Edward L.
Upperman and Sharon L. Upperman, as Trustees under the Upperman Family Trust. The City
and Upperman have agreed to compensation in the amount of $190,000. Ordinance No. 71-OS is
for the purchase of the necessary tract of land required for this project.
RECOMMENDATION:
Legal Staffrecommends approval of Ordinance No. 71-05.
(H0607352I;
EXHIBIT "A"
SITUATED IN THE COUNTY OF FRANKLIN, W THE STATE OF OHIO AND W THE
TOWNSHIP OF WASHINGTON AND BOUNDED AND DESCRIBED AS FOLLOWS:
BEING A 0,5289-ACRE TRACT OF LAND OUT OF THE SOUTHEAST CORNER OF AN
11.91 ACRE TRACT, VIRGINIA MILITARY SURVEY NO 3004, WASHWGTON
TOWNSHIl', FRANKLIN COUNTY, OHIO, AND BEING MORE PARTICULARLY '
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN AT THE SOUTHEAST CORNER OF SAID 11.91-ACRE
TRACT (SAID IRON PIN BEING LOCATED W THE CENTERLWE OF A VERY ROAD);
THENCE AND WTTFi THE CENTERLINE OF AVERY ROAD, N. I8 DEG, 52',23" EAST, A
DISTANCE OF 125.29 FEET TO A SPIKE W THE CENTERLINE OF AVERY ROAD SAID
SPIKE BEING THE NORTHEAST CORNER OF SAID .6284-ACRE TRACT;
THENCE AND WITH THE NORTH LSNE OF SAID .6289 ACRE TRACT N. 80 DEG, 30', 7.6"
WEST, A DISTANCE OF 227.88 FEET TO AN IRON PIN, SAID IRON PIN BEIN(; THE
NORTHWEST CORNER OF SAID .6289 ACRE'TRACT;
THENCE AND WITH THE WEST LINE OF SAID .6289 ACRE TRACT S. f 0 DEG, 26', 3S"
WEST A DISTANCE OF 127.10 FEET TO AN IRON FW IN THE SOUTH LINE OF
SAID11.91 ACRE TRACT, SAID IRON PW BEING THE SOUTHWEST CORNER OF SA[D
.6289 ACRE TRACT;
THENCE AND WTfH THE SOUTH LINE OF SAID 11.91 ACRE TRACT AND THE SOUTH
LINE OF SAID .6289 ACRE TRACT, S. 8l DEG, 27', 23" EAST, A DISTANCE OF 204.54
FEET TO AN IRON PIN MARKING THE POWT OF BEGINNING, OF THE TRACT OF
LAND HEREIN DESCRIBED, CONTAINING .6289 ACRES, MORE OR LESS, SUBJECT TO
ALL LEGAL HIGHWAYS.
EXCEPTING, HOWEVER, AND EASEMENT FOR STORM DRAINAGE PURPOSES OVER
AND ACROSS A STRIP OF GROUND TWENTY (20) FEET W WIDTH OFF THE ENTIRE
SOUTHERLY SIDE OF THE ABOVE CONVEYED PREMISES FOR THE BENEFIT OF
LOTS NOS. 1 THROUGH 6, INCLUSIVE OF DAN-SHERRI SUBDIVISION, A SAID LOTS
ARE DELINEATED UPON THE RECORDED PLAT THEREOF, OF RECORD IN PLAT
BOOK 25, PAGE 9~4, RECORDER'S OFFICE, FRANKLW COUNTY, OHIO.
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PARCEL NO: 274-000025-00
DES;C~7ibN VBRiFR.~
PH.PS.
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COMMONLY KNOWN AS: 6001 AVERY ROAD. DUBLIN, OHIO 43{)!6
PREVIOUSLY SET FORTH W VOLUME 00&3605, PAGE 12 &13, RECORDED 10/2!/86