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69-07 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 Ordinance No. 69 -07 Passed 1 20 1 1 AUTHORIZING THE PURCHASE OF A 16.9 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, FROM J. T. DAVIDSON, CLARA LEWIS AND MARK E. VANNATTA, TRUSTEES OF THE EDWARD F. HUTCHINS REVOCABLE TRUST, LOCATED ON THE WEST SIDE OF RIVERSIDE DRIVE, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, the Trustees of the Edward F. Hutchins Revocable Trust, J.T. Davidson, Clara Lewis and Mark E. Vannatta, desire to sell a 16.9 acre, more or less, fee simple interest in and to the premised described in Exhibit "A "; and WHEREAS, the City of Dublin desires to obtain a 16.9 acre, more or less, fee simple interest in and to the premises described in the attached Exhibit "A" located in the City of Dublin, Franklin County, Ohio for parks, recreation, and other governmental uses; WHEREAS, the City desires to enter into a Real Estate Purchase Agreement for a 16.9 acre, more or less, fee simple interest in and to the premises located in the City of Dublin, Franklin County, Ohio for One Million Dollars and No Cents ($1,000,000.00). NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, state of Ohio, �_ of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute a Real Estate Purchase Agreement and any necessary closing documents related to the acquisition of the 16.9 acre, more or less, fee simple interest and paying any related costs. Section 2. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. Passed this 41(-j�n day ofj 2007. 1 Mayor - Presiding Officer ATTEST: Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Dep�$ Clerk of Council, Dublin, Ohio ATTORNEY - CLIENT MEMORANDUM TO: Dublin City Council Jane S. Brautigam FROM: Fred Hahn, Director of Grounds and Facilities Stephen J. Smith, Law Director Gregory S. Baker DATE: August 16, 2007 RE: Ordinance Nos. 69 -07 and 70 -07 Acquisition of 8500 Riverside Drive and 4380 Woodland Drive PROJECT BACKGROUND: The City will be acquiring mostly vacant property along Riverside Drive, which the City will use for recreational and /or municipal purposes. This project involves landowners of two parcels, namely J. T. Davidson, Clara Lewis and Mark E. Vannatta as Trustees of the Edward F. Hutchins Revocable Trust dated October 19, 2004 (collectively, "Hutchins "), and Francis T. Barry and Virginia T. Barry (collectively, "Barry "). The Ordinances before Council concern the City's acquisition of properties owned by these landowners. RECOMMENDATION: Legal Staff recommends approval of Ordinance Nos. 69 -07 and 70 -07. Exhibit "A" - Legal Description Situated in the County of Franklin in the State of Ohio and in the Township of Perry, and bounded and described as follows: Being Lot No. Twenty (20) in Quarter Township No. 2, Township No. 2, Range No. 19, U.S. Military Lands, excepting therefrom 3 acres and 121 poles of land conveyed by John and G. Thomas and wives to Samuel Brush and Matthew I. Gilbert, by deed recorded in Deed Book 24, page 402, (further described as: Situated in Perry Township, Franklin County, Ohio, to wit, part of a fraction of land of the north part of the section number two, township number two of Range number nineteen, United States Military Lands and adjoining Lots number four and nineteen in said sections, and bounded said described as follows. Beginning at two stumps, one a sugar 8 inches N. 77" 15'W. 57 links, the other an ash 5 inches S. 54° 15'. W. 112 links, 54 poles distant from the north west corner of Lot no. 4, and on the west line of lot No. 4 thence north 26 poles to an elm 18 inches S. 49' E 9 links in the west line of lot No. 4, thence S. 87'W, to intersect the line between lot No. 19 and said fraction, the course of which line from the river to the line of lot No. 4 is 64' 10 'E., thence from the point of intersection S 64' 10'E. with the line between lot No. 19 and said fraction to the place of beginning, containing three acres 121 poles of land.) Recorder's Office, Franklin County, Ohio and Being also a part of Lot No. Nineteen (19) in Quarter Township No. 2, Township No. 2, Range No. 19, U.S. Military Lands, bounded and described as follows: Beginning at a stone 2 feet in diameter on the Scioto River, the northwest corner of Lot No. 19; thence S. 64° 10' E. to the point of intersection with the line commencing at a sycamore 38 inches in diameter N. 74° SW. 24" links on the river; running thence N. 87° W. to the above mentioned sycamore, on the bank of the river, 38 inches in diameter N. 74" W. 24" links: thence northwardly with the meanders of the river to the place of beginning, containing 3 acres, 121 poles of land. Excepting from the above parcels the land conveyed by Joseph C. Thompson and Wife to the Wyandot Club, by deeds recorded in D. B. 208, page 338, (further described as: Situated in the County of Franklin in the State of Ohio and in the Township of Perry and bounded and described as follows: Being a part of Lot no. 20 in the Second Quarter in the Second Township in the Nineteenth Range United States Military Lands: commencing at the North West Corner of said Tract of land at a point where the East line of the State Road on the East bank of the Scioto River intersects with the North line of said Tract which said North line of said Tract is also the North line of Franklin County at that point thence East along the North line of said tract and the North line of said County fifteen Rods: thence South at Right angles with said first described line twenty feet: thence Tract on a line parallel to said first described line and twenty feet therefrom to the East line of said State Road: thence North twenty feet to the place of Beginning.) and Deed Book 217, page 157 (further described as: Situated in the County of Franklin in the State of Ohio and in the Township of Perry and bounded and described as follows: Being a part of Lot no. 20 in the Second Quarter in the Second Township in the Nineteenth Range United States Military Lands. Commencing at a point in the East line of the State Road on the East Bank of the Scioto River twenty feet south of the South line of Delaware County. Thence East on a line parallel with the South line of Delaware County fifteen Rods more or less to the South East Corner of a tract of Land (now held by William Taylor and which was purchased from these grantors, September 14th 1889: Thence South forty (40) feet: Thence East about fifteen rods on a line parallel with the south line of Delaware County to the East line of the State Road: Thence North forty (40) feet to the place of beginning.) Recorder's Office, Franklin County, Ohio. Leaving premises containing 16.9 acres, more or less. Subject to all legal highways, zoning regulations, conditions and r' res ' easements of record, rights of tenants in possession. UESCFTf PI`Y o1 J'• DEAN C. RIDIGLE. v'E P 5. BY: DATE: I D/�/ V � W 10/0112004 - 9543190