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70-07 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 1 1 1 Ordinance No. 70_07 Passed , 20 AUTHORIZING THE PURCHASE OF A 3.64 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, FROM FRANCIS T. BARRY AND VIRGINIA T. BARRY, LOCATED ON WOODLAND DRIVE, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, Francis T. Barry and Virginia T. Barry, desire to sell a 3.64 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 3.64 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 3.64 acre, more or less, fee simple interest in and to the premises located in the City of Dublin, Franklin County, Ohio for Two Hundred Fifty -Four Thousand Eight Hundred Dollars and No Cents ($254,800.00). NOW, THEREF RE, 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 3.64 acre, more or less, fee simple interest and pay 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 , 2007. 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" - Leeal Description Being Reserve "C' of O'Shaughnessy Hills Subdivision as the same is numbered and delineated upon the recorded plat thereof, or record in Plat Book 20, Page 4, Recorder's Office, Franklin County, Ohio. Save and except the two tracts described as follows: Situated in the State of Ohio, County of Franklin, City of Dublin and being in Section 2, Township 2 North, Range 19 west, United States Military Lands, and being the western portion of that Reserve "C" in O'Shaughnessy Hills Subdivision, of record in Plat Book 20, Page 4, all records of the Franklin County Recorder's Office, as described in a deed to Robert T. Pappa's, in Offical Records Volume 13644, Page D04,and said 2.202 acre parcel being more particuarly described as follows: '56" East frrom marking e the southwesterly corner d of Lot f 1, Block h number g 1. O'Shaughnessy Hills Sudivision; Thence North 36 degrees 08'56" West, 512.41 feet with the westerly line of said Block Number 1, the same being the easterly line of Riverside Drive (100 feet wide), to an iron pinset marking the northwesterly corner of Lot 6, Block 1. O'Shaughnessy Hills Sudivision, said pin also marking the southwesterly corner of said Reserve "C "; Thence South 70 degrees 10'37" East, 6.25 feet to a point in the southerly line of said Reserve "C ", said point also marking the southwesterly corner, and the point of beginning, of the 2.202 acre parcel described herein; Thence North 36 degrees 08'56" West 294.42 feet with a line parallel to and 6.00 feet easterly from, as measured at right angles, the westerly line of said Reserve "C ", to an angle point; Thence North 29 degrees 45'56" West, 41.66 feet with a line parallel to and 6.00 feet eastrly lineealsofbeingaa right line of said Hutchins Rine said s measured Deed Book 2255, Page 643; Thence North 86 degrees 51'37" East, 432.35 feet with the northerly line of said Reserve "C ", the same being a southerly gai D n of sa id i n 6 - acre Continued Hutchins Tract, to an iron pin Legal Description - Continued set in said line marking the northeasterly corner of said 2.202 acre parcel described herein: Thence South 21 degrees 13'13" East, 207.27 feet .,or and across said Reserve "C" to an iron pin found marking the northeasterly corner of Let 7, Block Number 1, and the northwesterly corner of Lot 8, Block Number 1 in said O'Shaughnessy Hills Sudivision; Thence South 72 degrees 49'31" West, 126.06 feet with the southerly line of said Reserve "C ", the =.a. being the earthly line of said Lot 7, to an iron pin found marking the northwesterly corner of said Lot 7, and said pin also marking the northeasterly corner of said Lot 6, in said O'Shaughnessy Hills Sudivision; Thence South 70 degrees 10'37" West,202.76 feet wit a southerly line of said Reserve "C ", the same being the northerly line of said Lot 6. to the point of beginning. containing 2.202 acres. Tract 11 Situated in the State of Ohio. County of Franklin, City of Dublin and being in Section 2 Township Z North, Range 19 West, United States Military lands, antl being a 6.00 foot wind strip of land along the westerly lines of that Reserve "C" in 0'S haughnessy Hills Subdivision, of record in Plat Book 20, Page 4, all records of the Franklin County Recorder's Office, as described in a deed to Robert T. Pappa's, in Offical Records Volume 13644, Page 004,and said 2.202 acre parcel being more particuarly described as follows= Commencing for reference, at an iron pin found 6.50 feet South 36 degree6t it= a paint marking the south s' Shau westerly corner of Lot 1. Block Number 1, 9 hness Hills Subdivision; Thence North 36 degrees 08'56" West 512.41 feet with the westerly line of said Blnt Number 1, the same being the easterly line of Riverside Drive (100 feet wide), a o iron pin et marking the northwesterly corner of Lot 6, Block Number I, O'Shau @ 6.00 6 Hills Subdivision, said pin marking the point of beginning, of the 0.047 acre (6.00 foot wide strip) Parcel described herein; Thence North 36 degrees 08'56" West, 295.00 feet with a westerly line of said reserve •'C'•, the a.. being . the easterly line of said Riverside Drive, to an iron Pin set marking an angle point in said line; Thence North 29 degrees 45'56" West 45.00 feet with a w esterly line of said Reserve "C ", the same being the easterly ee of said Riverside Drive. to an l on Pit marking the northwest corner of said Rese "C ", said pin lso ba 643;sguthwest orner of a 16.9 acre Tract of Edward F. Hutchins in Deed Book 2255, g Thence North 86 degrees 51'37" East 6.71 feet with the northerly line of said Reserve °[', the same being the southerly line of said 36.9 acre Nu[chim Tract, to a point in said line: Thence South 29 degrees 45.56" East 41.66 feet with a line parallel to and 6.00 feet easterly from, as measured at right angles, the westerly line of said Reserve "C•• to an angle Perot; Thence South 36 degrees 08'56' legal Description 296.4 ac t Continued in the northerly line of said L ai (H09a 5/ I) Legal Description - Continued Lot 6,in said O'Shaughnessy Hills Subdivision; Thence South 70 degrees 10'37" West, 6.25 feet with the southerly line of said Reserve "C ", the same being the northerly line of said Lot 6, to the point of beginning, 0 047 acre more or less. in contain g . > (H0988757.1 )