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Ordinance 03-10RECORD OF ORDINANCES Ordinance No. 03 -10 Passed .20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION FOR THE ACQUISITION OF FRANKLIN COUNTY PARCEL NUMBERS 272 - 000093 AND 272 - 000094 FROM JOHN L. BOND, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin (the "City") is relocating utilities in furtherance of the S.R. 161 and Industrial Parkway relocation; WHEREAS, the City desires to acquire certain property owned by John L. Bond (the "Property ") as further described in the attached Exhibit "A "; WHEREAS, the Property was formerly utilized as a gas station, and has underground storage tanks located underneath the soil of the Property; WHEREAS, John L. Bond desires to sell the Property to the City at no cost, in consideration for the City acquiring the Property "as is "; WHEREAS, the City desires to vest the City Manager with the authority to execute any necessary conveyance documentation to obtain the aforementioned property interests. NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, —7— of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire Franklin County parcel numbers 272 - 000093 and 272 - 000094 from John L. Bond, the Property being further described in the attached Exhibit "A ". Section 2. The City shall acquire the Property at no cost, in consideration for accepting the Property in its "as is" condition. Section 3 . This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is the expedient nature of utility relocation in furtherance of the S.R. 161 and Industrial Parkway relocation, and said improvements are necessary for the public safety and betterment of the citizenry of the City of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this day of V 2010. 7 r, Mayor - • O fficer ATTEST: Clerk of Council I hereby certify that copies of this Ordinance/ Resolution were posted in the City of Dublin in accordance with Section 4.12(a) of the Revised Charter of the City of Dublin. DeV Clerk of Council, Dublin, Ohio SZD ATTORNEY - CLIENT MEMORANDUM TO Dublin City Council Terry Foegler, City Manager FROM Paul A. Hammersmith, PE, Director of Engineering /City Engineer Stephen J. Smith, Law Director Lesley Avery DATE: January 7, 2010 RE: Ordinance No. 03 -10 - Acquisition of Franklin County Auditor's Parcel Numbers 272 - 000093 and 272 - 000094 (John L. Bond Property) PROJECT BACKGROUND The City has begun utility relocation with the S.R. 161 and Industrial Parkway relocation and expansion in conjunction with the U.S. Route 33 /Post Road interchange relocation and expansion. When the utility relocation work began, the City discovered underground storage tanks located within the right of way and on Franklin County Auditor's Parcel Numbers 272- 000093 and 272- 000094 (the "Property"). The City paid for the removal of these tanks and, as consideration for such removal, John L. Bond, the owner of the Property, has agreed to give the property to the City at no charge. The Ordinance before Council concerns the John L. Bond property. ACQUISITION DETAILS: The Law Director's Office has been in contact with Mr. Bond to negotiate the acquisition of the Property. Negotiations have been successful, and Mr. Bond executed a purchase contract to sell the Property to the City on November 28, 2009 (the "Agreement "). The Agreement was signed by the City on December 14, 2009. Due to the presence of underground storage tanks on the Property, Mr. Bond has agreed to transfer the Property to the City at no cost. The major terms of the Agreement are outlined below: • The City shall acquire the Property at no cost in consideration for the City accepting the Property in its as is condition. • The Agreement will automatically terminate if City Council approval is not obtained within sixty (60) days after the date the Agreement is fully executed. • Mr. Bond will pay for the owner's policy of titre insurance and the City may object to any titre defects. Memo re. Ordinance 03 -10 — Land Acquisition — John Bond Property January 7, 2010 Page 2 of 2 • The closing will take place thirty (30) days after the date the City waives the contingencies. • The City is entitled to possession of the Property as of closing. In order to keep this project on the appropriate timeline, we are requesting this Ordinance be passed by emergency at the January 11, 2010 meeting. RECOMMENDATION: The Law Director recommends that Council dispense with the public hearing and approve Ordinance No. 03 -10 by emergency atthe January 11, 2010 meeting. EXHIBIT `A' TRACT I: Situated in the State of Ohio, County of Ohio, and in the City of Columbus, and Township of Washington, and bounded and described as follows: Being Fifty (50) feet fronting on the road known as Post Road and One Hundred (100) feet running south on the road known as the Dublin and Union County Pike, thence west fifty (50) feet; thence north one Hundred (100) feet; thence fifty (50) feet east to the place of beginning; and being the same premises conveyed to the decedent by Administrator's Deed dated June 6, 1950, and recorded in Deed Book 1561, Page 178, Franklin County Recorder's Office. TRACT II: Parcel I: Beginning at an iron pin in the center of the Post Road, northeast corner of a lot containing .11 of an acre conveyed to Geo. W. Lamb by William Lamb on the 15` day of July 1903, thence with the east line of said Lot S. 9 degrees 40' W. 6.04 poles to an iron pin in the center of the Post Road, thence with the center of said road S. 76 degrees 8' W. 4 poles to the place of beginning, containing 15 /100 of an acre, more or less, being a part of Survey No. 6748. SAVE AND EXCEPT THEREFROM 0.001 acre of land conveyed to Pattie Jane Cosgray Byers by deed of dated September 25, 1968, and recorded in Vo. 234, Page 393, Union County Records. Parcel II: Being in Survey No. 6748, Virginia Military Lands; being a part of Lot No. 1 assigned to William Lamb et al. in Suit of Partition, complete records book 218, Page 522, Franklin County Court Records, being further described as follows: From a "P.K." nail set on the former centerline of Ohio Route 161, at the point of intersection with the centerline of Cosgray Road in Jerome Township, Union County, thence S. 9 degrees 27' 30" E. 100.00 feet to an iron pipe in the center line of Cosgray Road in Washington Township, Franklin County, said iron pipe being the true point of beginning; From said point of beginning, N. 75 degrees 04'50" E. (passing an iron pipe on the east line of said Cosgray Road at 40.18 feet) 116.00 feet along the south line of Ida E. Lamb (Deed Book 1386, Page 425; and Teed Book 1561, Page 179) (being also along a north line of the Grantors herein (Deed Book 1495, Page 392; Afd. Book 16, Page 220) to a chiseled "X" mark on a concrete slab; thence S. 9 degrees 27'30" E. 1.10 feet into the Grantors herein land to an iron pipe set; thence S. 75 degrees 04'50" W. (passing an iron pipe set on the east line of said Cosgray Road at 75.82 feet) 116.00 feet to an "X" in a RR spike set on the centerline of said Cosgray Road; thence N. 9 degrees 27'30" W. 1.10 feet along the centerline of said Cosgray Road (being also along a west line of the Grantors herein, and being also along the east line of Grace and Roy Hyland, 4- 21 -'S4), to the point of beginning, containing 127 square feet or 0.003 acres of land.