47-73 Ordinance
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE PURCHASE OF
REAL ESTATE FOR MUNICIPAL PURPOSES
BE IT ORDAINED by the Council of the Village of Dublin, State of
~ Ohio, , of the members elected thereto concurring:
SECTION 1. That the herein described real estate, presently owned
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by William Salvatore Cecutti and Nancy Ann Cecutti, is desired and needed for
municipal purposes by the Village of Dublin, Ohio.
SECTION 2. That a registered survey has been conducted and that
the following is a description of the subject property desired to be purchased
from William Salvatore Cecutti and Nahcy Ann Cecutti:
Situated in the State of Ohio, County of Franklin, Township of
Washington, Virginia Military Survey Numbers 2542 and 2543,
and being a 15.957 Acre tract out of a 75.234 Acre parcel of land
conveyed by deed to William S. Cecutti as recorded in Deed
Book 3271, Pages 172, 193, and 174, Recorder's Office,
Franklin County, Ohio, and more particularly described as
follows:
Beginning at a P. K. nail at the intersection of the centerlines of
Coffman Road and Post Road, said P. K. nail being the true place
of beginning of this description;
',,- Thence North 720 42' 21" West, a distance of 364. 48 feet to a
P. K. nail in the centerline of said Post Road;
Thence on a line along a curve to the right with a radius of 1041. 74
feet and a chord bearing North 610 13' 25" West a distance of
385.37 feet to a rail road in the centerline of said Post Road;
Thence North 500 31' 28" West, a distance of 32. 17 feet to a
rail road spike in the centerline of said Post Road, said rail road
also being in the southeast corner of a 1. 343 Acre tract of land
owned by W. M. Thomas as recorded in Deed Book 1386, Page 96;
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The next four consecutive courses bOiFrdering said 1. 343 Acre Tract:
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Thence North 56 44' 32" East a distance of 185. 16 feet to a point;
Thence North 160 38' 02" West, a distance of 123.96 feet to a point;
Thence North 800 13' 48" West, a distance of 66. 00 feet to a poi nt;
Thence South 880 50' 13" West, a distance of 363.02 feet to a
'"",,- rail road spike in the centerline of said Post Road, said rail road
spike also being the northwest corner of said 1. 343 Acre Tract;
Thence North 570 53' 30" West, a distance of 13.00 feet to a
rail road spike in the centerline of said Post Road;
Thence North 10 20' 37" West, a distance of 263. 97 feet to an iron
pin in the westerly property line of said 75.234 Acre parcel of land;
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Thence North 88016' 59" East, a distance of 1352.91 feet to a
P. K. nail in the centerline of said Coffman Road;
Thence South 200 23' 22" West, a distance of 906.60 feet to a
P. K. nail, said P. K. nail being the true place of beginning and
containing 15.957 Acres, more or less, subject, however, to
all legal right-of-ways and easements and restrictions of record
and Df records in respective utility offices.
SECTION 3. That pursuant to the power and authority granted by
Sections 715.01 and 715.21 of the Bhio Revised Code that the Village
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Administrator is hereby authorized and directed to enter into a contract for
the purchase of the above-described real estate for a purchase price of
One Hundred Twenty-Five Thousand Dollars ($125, 000. 00), which contract
is to be executed in the name of the Village of Dublin and signed on its behalf
by the Village Administrator, Cl erk-Treasurer, and Mayor and shall be on
the terms and conditions set forth in the attached draft, which attached
draft is hereby incorporated into and made a part of this ordinance.
SECTION 4. That this ordinance shall take effect and be in force
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from and after the earliest period allowed by law. I
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Passed this ~ day of SEPT. , 1973.
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7?~ s. J~
Clerk - Treasurer
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'" . I hereby certify that five copies of
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thIS . .Qlf:f)./~~. '.t: . . . . . . " were posted
in accordance with ORC 731.25 and Re-
solution 03-62 of the Village of Dublin
Ohio. '
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Villa.ge ClerK
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Situat~d in the State oi Ohio. County of Franklin. Township of Washington.
Virginia Military Survey Numbers 2542 and 2543. and being a 15.957 Acre"
,... tract out of a 75.234 Acre parcel of land conveyed by deed to William S.
Cecutti as recorded in Deed Book 3271, pages 172, 173. and 174,. Recorder's
\",...- Office. Franklin County. Ohio. and more particularly described as follows:
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Beginning at a P .K. nail at the intersection of the centerlines of Coffman
Road and Post Road. said P .K. nail being the true place of beginning of
this description;
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thence North 720 42' 2111 West. a distance of 364.48 feet to a P.K. nail in the
centerline of said Post Road;
thence on a line along a curve to the right with a radius of 1041. 74 feet.
and a chord bearing North 610 13' 25" West a distance of 385.37 feet to a
rail road in the centerline of said Post Road;
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thence North 50c 31' 28" West. a distance of 32.17 feet to a rail road spike
in the centerline of said Post Road. said rail road also being in the south-
east corner of a 1. 343 Acre tract of land owned by W. M. Thomas as recorded
in Deed Book 1386. page 96;
the next four consecutive courses bordering said 1.343 Acre Tract:
""...., thence North 560 44' 3211 East a distance of 185.16 feet to a point;
thence North 160 38' 0211 West. a distance of 123.96 feet to a point;
thence North 800 13' 4811 West. a distance of 66.00 feet to a point;
thence South 880 50' 13" West. a distance of 363.02 feet to a rail road spike
in the centerline of said Post Road. said rail road spike also being the
northwest corner of said 1.343 Acre Tract;
thence North 570 53' 3011 West, a distance of 13.00 feet to a rail road spike
in the centerline of said Post Road;
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thence North 10 20' 37" West. a distance of 263.97 feet to an iron pin in the
"'Ri",,, westerly property line of said 75.234 Acre parcel of land; ,
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thence North 880 16' 59" East. a distance of 1352.91 feet to a P.K. nail
~, in the centerline of said Coffman Road;
thence South 200 23' 22" West. a distance of 906.60 feet to a P.K. nail.
said P.K. nail being the true place of beginning and containing 15.957
r- Acres, more or less, subject. however. to all legal right-of-ways and
easements and restrictions of record and of records in respective utility
t offices: .
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Colum bus, Ohio, ___uu________._uuuu____u__......_u._____. -----,
, The undersigned Buyer\ h~reby agrees to buy, for the consideration and upon the terms hereinafter set
forth, the real estate and apl'urtenances thereto located in the State of Ohio, County of Franklin, known as:
a 15.957 acre tract lying north of Post Road and west of Coffman Road and more.
particularly described by the attached legal description.
i k ,91t time of c1QsiUf!. This offer is made ..
I. ON THE FOLLOWING TERMS: ~S~ SUbject to the C"'ondlffon that a relerendum petition I.S
~::" not file? 'Y::ithin the Hme per~od' allowed by law. '
. ~\ . 2. i~SESSION' Immediat~Y up~n closing, subject to 'the life e state of Ida Coffman
.' in 1. 284- acres as recorded in Deed Book 2782. Page 344.
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3. EVIDENCE OF TITLE: For each parcel of real estate to be conveyed Seller shall, ~.t Seller's option, furnish and pay for.
(a) An abstract, of1title eKtchded to the date this offet is accepted certified in accordance with the Standards of I he
Columbus b'ar Association for a period of at least 65 years preceding the date thereof, provided the records therein aostractrd
begin with a warranty deed, a judicial proceeding, or other facts which establish Ii reasonable proof of title and provided that prior
and..undisposed of defects_oLtitlc~r el1.cJ.lmb.rangeLare notiIlgicated during the 65 years; or
(b) An owner's closing title- insurance binder certified to at least the date this offer is accepted, and after the clusing :m
owner's title insur,a.nce policy jl~ th~ amo)Jnt of the total purchjase price.
( c) Said abstract or said binder shall show in Seller and t,he policy shall insure in Buyer a good and merchantable title in fc:c
simple free and clear of all liens 'and: encumbrances except:-- (1 )those created by or assumed by Buyer; (2) ,those specific:!\ly sc't
forth in this contract; (3) loning ordinances; (4) legal highways; and (5) restrictions, conditions and utility easements of record
created or reserved as a patt ofa general plan in and for the subdivision in which said praperty is located, provided the s:Jl1le UO ret
unreasonably interfere with Buyer's intended use which is: development for municipal purposes.
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,1 (e) If the title to all or part of the real estate to be conveyed is dcfective or unmerchantable, or if any part of the re:\l estate
, is subject to liens, encumbrances, easements, conditions or restrictions other than those excepted in this contract, or in the event of
,;.... any encroachment, Seller shall have a reasonable time, not to exceed thirty (30) days, after written notice thercof, within which to
....:...'......'..~.... '~.'.i> remedy or remove any such defect, lien, encumbrance, easement, condition, restriction or encroachment, or obtainjtitk insuralllL'
, l against the same.
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:' :'it " (f) It is agreed by the parties hereto that merchantability shall be determined in accordance with thc Standards of Title
~, Examination adopted by the Ohio State Bar Association and no matter which comes within the scope of s:Jid Standards shall
constitute a valid objection to the title, provided Seller complies with the requirements of said Stanrlards.
4. TAXES AND ASSESSMENTS: Seller shall pay all delinquent taxes, penalties and interest, and all special assessments now
a lien, both current and reassessed and whether due or to become due.
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(b) Seller shall payor credit on the purchase price, all real estate taxes for years prior to the closing, and a portion of such
taxes for the year of closing, prorated through the date of closing. The pro-ration of undetermined taxes shall be based OJ] a 3(,5 diiy
year and on the last available tax rate and valuation, and the amounts so computed and adjusted shall he final.
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Except as hereinafter set forth Seller warrants that all assessments now a lien are shown on the Treasurer's duplicate and that
no improvements (site or area) have been installed by public authority the cost of which is to be assessed against said premises in
the future; and SellerfuftIier warrants that he has not beenCnotifielJ. of possible future impr6vements by public authority, any part.
of the cost of which wOl.\ld or might be assessed, against ,the' real ~tate.. -:. ' j
'5. DEED: Seller shall convey t6 Buy~r a good and mefchantal:lle title in fee simple to 'the'real estate,by transferrable 'and
__ recordable general warranty deed, with release of dower, free and clear of all liens and encumbrances, except those excepted. in
paragraph 3 (c)_"abov~taxes not to be paid by Seller, and the following: the life estate of Ida Coffman in 1.284 acres
as recordeu in .t' ranklinCounty Auditor Deed Book 2782. Page 3440
j,\ ' . 6. FIXTURES AND EQUIPMENT: The consideration shall include all water softeners, elcctric garbage disposals, inside
:'.r- .,.... incinerators, built-in kitchen appliances, television aerials, meters, furnaces, firing and furnace .control apparatus,. central air.
i'" .J' conditioning equipment, fireplace heaters, heating appliances (window air conditioner units, kitchen ranges, andirons, fireplace
'.. ..: screens and fenders not included) gas, electric, bathroom and lavatory fixtures, built-in equipment, attached or affixed linoleum,
~'. . '.window shades, curtain rods and poles, venetian blinds, pergolas, arbors, shrubs, plants and trees, apd awnings, fly screens, auxiliary
,...q .' doors and windows, and porch blinds belonging to the Seller and pertaining to the premises, whether now in or on the premises or
. in storage; and the following chattels and equipment:
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'\ 7, RENTALS, INTEREST, INSURANCE PREMIUM, WATER, SEWER AND STREET CLEANING BILLS: The following
adjustments shall be made on the basis of a 365 day year, as at the date of closing: (l) rentals, (2) interest on any mortgage to be
assumed; and, (3) if Buyer so elects all insurance policies then in force shall be transferred by Seller, who shall receive credit for all
uneamed prepaid insurance premiums. Seller shall pay all accrued water and sewer rental charges and all outstanding street cleaning
bills to the closing date. (
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8. DAMAGE OR DESTRUCTION OF PROPERTY: Risk of loss to the real estate and appurtenances from fire 01 other
casualty shall be borne by Seller until closing, provided that if said property is substantially dam~ged or destroyed by fire or other
casualty prior to the closing of the transaction, Buyer may (l) elect to proceed with the transaction in which event the Buyer shall
be entitled to all insurance money, if any, payable to Seller under any and all policies of insurance covering the property so damaged
or destroyed, or (2) elect to rescind the contract in which event all parties hereto shall be released from all liability hereunder and
the deposit, if any, paid by Buyer to Seller shall be forthwith returned. If Buyer elects to rescind the contract, he shall so notify
Seller in writing within ten (l0) days after Buyer has written notice of such damage or destruction; failure by Buyer to so notify
Seller shall constitute an election to proceed with the transaction.
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