83-09 OrdinanceRECORD OF ORDINANCES
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Ordinance No.
AUTHORIZING THE ACQUISITION OF APPROXIMATELY
0.171 ACRES OF LAND FOR GENERAL PARK PURPOSES,
AND DECLARING AN EMERGENCY
WHEREAS, the City of Dublin desires to acquire a 0.171 acre portion of Franklin
County Auditor's Parcel No. 273- 000877 for general park purposes at a cost of
$9,105.75; and
WHEREAS, the Property is depicted on the attached Exhibit "A" and is located adjacent
to City-owned property; and
WHEREAS, Council finds it is in the best interest of the City to acquire the Property.
NOW, THEREFORE, BE IT ORDAINED by the Council ofthe City of Dublin, State
of Ohio, r ] — of the elected members concurring that:
Section 1. Council authorizes the City Manager to execute any and all documents
necessary to acquire the property depicted on Exhibit "A."
Section 2. This Ordinance is declared to be an emergency necessary for the immediate
preservation of the public peace, health, safety or welfare and for the further reason that
the sale of the subject property is being expedited for the benefit of the sellers. This
Ordinance shall therefore be effective upon passage.
Passed this day of h e& 2009.
Mayor - Presiding Officer
ATTEST:
Clerk of Council
Passed 20
I hereby certify that copies of this Ordinance/
Rese}niion were posted in the City of Dublin
in accordance with Section 4.12(a) of the
Revised Charter of the City of Dublin.
SZD�
ATTORNEY - CLIENT MEMORANDUM
TO Dublin City Council
Terry Foegler, City Manager
FROM Fred Hahn, Director of Parks and Open Space
Stephen Smith, Law Director
Gregory Baker
DATE: December 3, 2009
RE: Ordinance 83 -09 - Acquisition of a Portion of Franklin County Auditor's Parcel
Number 273- 000877
PROJECT BACKGROUND:
The City owns the property adjacent to Franklin County Auditor's Parcel Number 273 - 000877
(the "Property'). The City would like to acquire a 0.171 acre portion of the Property (the
"Premises ") for general park purposes. Due to financial constraints, Carol J. Loftus and Evelyn
A. Wallace (the "Sellers ") have askedthat the City expedite the purchase of the Premises.
ACQUISITION DETAILS:
The Premises is located immediately adjacent to City owned property, and the City would like to
acquire the Premises for general park purposes. The Director of Parks and Open Space and the
Law Director's Office have been in contact with the Sellers to negotiate the acquisition of the
Premises. Negotiations have been successful, and the Sellers executed a purchase agreement for
the Premises in November of 2009 (the "Agreement ").
The major terms of the Agreement are:
• The sale price is $9,105.75, representing the appraised value of the Premises.
• The City can choose to terminate the Agreement within 60 days after execution (i) if it
does not, for whatever reason, receive approval of the City Council for the purchase of
the Premises, (ii) if it determines that the environmental condition of the Premises is
unsatisfactory or (iii) if it determines that it cannot obtain the approvals necessary for the
lot split.
• The City will pay all closing costs associated with the acquisition of the Premises,
including the cost of title insurance.
• The closing will take place thirty (30) days after the date the City waives the
contingencies.
• The City is entitled to possession of the Premises as of closing.
At the request of the Sellers, we are requesting this Ordinance be passed by emergency at the
December 7, 2009 meeting.
RECOMMENDATION:
Legal Staff recommends that Council dispense with the public hearing and approve Ordinance
83 -09 by emergency at the December 7, 2009 meeting.
2
SURVEY PLAT
Being a 0.171 acre tract
located in part of Lot 80, Waterford Village Phase I (P.B. 51, Pg. 10),
in the City of Dublin, Franklin County, Ohio
For: The City of Dublin
0= 23'20'17"
R= 225.00'
A= 91.65'
Chd Big =N 41'10'13" E
Chd Len = 91.02'
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Basis of bearings from P.B. 51, Pg.
10, based on the centerline of
Waterford Dr. being N 25' 59' 19" E.
79
0 40 80
Scale 1" = 40'
December 12, 2008
LEGEND
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• found iron pin
O set iron pin (capped PATRIDGE SURVEYING)
PATRIDGE SURVEYORS
AND ENGINEERS L.L.C.
9464 DUBLIN ROAD
POWELL, OHIO 43065
FAX (614)- 799 -0030
TEL. (614)- 799 -0031
City of Dublin
0.950 Ac.
Inst. No. 200604130069277
3/4'
Michael F. & Lori L. Harris
1.318 Ac.
\Inst. No. 200511290250968
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I hereby certify that I have surveyed the property
described in the foregoing title caption, and that said
survey and plat are accurate and correct to the best
of my knowledge. Easements, restr'ctions, utilities, and
rights —of —way not Yocated, unIess,4ted.
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\ 0.378 AC.
/ Remaining
Patricia L. Jackson, Tr.
ment No. 2008100301488415
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Split Acreage
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1 inch = 60 feet