034-88 Ordinance
, RECORD OF ORDINANCES
473
National Graphics Corp.. Cols.. O. ~ Form No. 2806-A
Ordinance No. mn}lt-___~_~nnmn P assed_______m_ mnm _ _ m______m__ m ______m_19 m__' -
AN ORDINANCE AUTHORIZING THE
PURCHASE OF APPROXIMATELY 17
ACRES OF LAND LOCATED IN
~ WASHINGTON TOWNSHIP, FRANKLIN
COUNTY, ON THE SOUTH SIDE OF
SHIER-RINGS ROAD, WEST OF AVERY
ROAD
WHEREAS, Council has previously authorized the City Manager to enter
into a joint real estate purchase contract with the Dublin Local
School District to purchase approximately 34 acres in Washington
Township, Franklin County, located on the south side of Shier-Rings
Road, west of Avery Road from Alvin Rings; and,
WHEREAS, said parties entered into a real estate purchase contract on
or about March 4, 1988, whereby the City of Dublin and Dublin Local
Schools each agreed to purchase one-half of the subject property
constituting approximately 17 acres, for the sum of $25,000.00 per
acre; and,
WHEREAS, sufficient funds for this purchase have been specifically
allocated within the current capital improvements budget.
NOW, THEREFORE BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, 6 of the elected members concurring that:
Section 1. Council hereby authorizes the expenditure of the funds
necessary to purchase approximately 17 acres of the above-referenced
property at a cost of $25,000.00 per acre, plus costs and expenses
as set forth in the previously executed real estate purchase contract.
Section 2. This Ordinance shall take effect and be in force from and
after the earliest period allowed by law.
Passed this 21st day of March 1988.
,
MaY~~ Office,
Attest:
/l
~ 1rr/lMm ~ <<M~
C erk of CounclI
Sponsor: City Manager I hereby certify that copies of this orrrmm:e/Resolut:on were posted in the.
City of Dublin in atcordance with Sllct:on 731.25 of the Ohio Revised Code.
J/ta7UtO /?;" C:~~
Clerk of Council, Dublin, Ohio
.,
REAL ESTATE PURaIASE AGREEMENT
I. BACKGROOND
WHEREAS, Alvin Rings (hereinafter called Seller) is the owner of an
approximately thirty-four (34) acre tract of land located in Washington
Township, Fran~lin County, Ohio lccat0d on the South side of Sheir-Rings
Road, West of Avery Road. Exact acreage to be detemined by survey which
shall be completed at Buyers' expense.
WHEREAS, the Board of Education of Dublin Local School District and
tJ1e City of !)ublin, Ol:1io (hereinafter called Buyers) desire to purchase
said approximately thirty-four (34) acre tract of land.
II. AGREEN~Nr
NCM, THEREFORE, the u11dersigned Buyers agree to buy and D~e
undersigned Seller agrees to sell said app~oximal.ely Thirty-four (34)
acre tract of la~d for the sum of Twenty Five Thousand and 00/100 Dollars
($25,000.00) lJer acre, together with all easements, rights, privileges
and appurtenances thereto. Said purchase price shall be payable upon
closing.
In consideration of the foregoing agreement, Seller and Buyers
covenant and agree that this sale is contingent upon D~e terms,
obligations and conditions hereinafter set forth:
III. CXl-ilDITIOOS AND OBLIGATIOOS
A. This Agreement is contingent upon the following obligations and
considerations:
1 . Seller to divide the subject tract into two (2) parcels
pursuant to Buyers' survey and will convey one (1) parcel to
each Buyer pursuant to Buyers' instructions.
? C:i. ty of Dublin to mow grass and remove snow around Seller's
~.
home for so long as seller or his spouse live at their present
residence located at .
,
3. Buyer Board of Educati.on to ma~e soil and other studies
to determine suitability of site for school purposes.
Final decision as to suitability shall be in the sole
discretion of said buyer.
4. Contract contingent upon approval, appropriation and
certification of funds by Buyers' respective legislative
authority. ~
~ 5. W/s/!le~*i:;:l:t=tl #W:;;:/SllcJtf;; ,~
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B. Seller to cooperate with Buyers in zoning matters and in the J/q I 3141
granting of such easements as may be necessary for extension of
sewers and utilities.
IV. TERMS
A. Possession
Possession shall be at closing. At all times after L~e uate
of this Agreement, Seller shall afford Buyers free and full access
to the premises for the purpose of making surveys, engineering
studies, soil tests and other tests or studies which Buyers may
deem necessary in connection with its intended use of the real
estate.
B. Evidence of Title
Buyers shall furnish and pay for an owners' title insurance
commi tment and policy in L~e amount of the purchase price. Said
ti tIe insurance to be provided by Capitol Square Title Agency. The
title evidence shall be certified to within ten (10) days prior to
closing in accordance with the standards of the Columbus Bar
Association, and shall show in Seller marketable title in fee
simple free and clear of all liens and encumbrances except: (A)
those created by or assumed by Buyers; (B) L~ose specifically set
forth in this contract; (C) zoning ordinances; (D) legal highways;
and (E) covenants, restrictions, conditions and easements of
record which do not unreasonably interfere with present lawful
use.
If title to all or part of the real estate is unmarketable, as
detennined by Ohio law with reference to the Ohio state Bar
Association Standards of Title Examination, or is subject to
liens, encumbrances, easements, conditions, restrictions or
encroachments other than those excepted in G1is contract, Seller
shall within thirty (30) days after written notice thereof, remedy
or remove any such defect, lien, encumbrance, easement, condition,
restriction or encroachment or obtain title insurance without
exception therefor. If Seller is unable to remedy or remove or
secure title insurance against such defect, lien, encumbrance
easement, condition, restriction or encroachment within a said
thirty (30) day peria::1, this Agreement at the option of the Bl~yers
shall be void. At closing, Seller shall sign an affidavit with
respect to off-record title matters in accordance with the
community custon.
C. Deed
Seller shall convey to Buyers marketable title in fee simple
by separate transferable and recordable general warranty deeds as
appropriate, free and clear of all liens and encumbrances not
excepted by this contract.
D. Taxes and Assessments
At closing, Seller shall payor credit on purchase price all
delinquent taxes, including penalty and interest, all assessments
which are a lien on the date of contract. Buyers shall be
responsible for all agricultural use tax recoupments for years
through the year of closing. At closing Seller shall also payor
credit on the purchase price all other unpaid real estate taxes
whi.ch are a lien for t..'le year prior to closing, and a portion of
such taxes for the year of closing, prorated through date of
closing and ba,sed on a 365 day year, and if undetemined, on most
recent available tax rate and valuation, etc., wheb~er or not
certified.
Seller warrants that no improvements or services (site or
area) have been installed or furnished, or notification received
from public authority of future imp::::-ovements of which any part of
the costs may be assessed against the real estate.
E. Damaqe or Destruction of Property
Risk of loss to the real estate and appurtenances shall be
born by Seller until closing, provided that if any property covered
by this Agreement shall be substantially damaged or destroyed
before this transaction is closed, the Buyers may (A) proceed with
the transaction and be entitled to all insurance money, if nay,
payable to the Seller lL~der all policies covering the property, or
(B) rescind the Agreement, and b~ereby release all parties from
liability hereunder, by giving written notice to the Seller within
ten (10) days after the Buyers have written notice of such damage
or destruction. Failure by the Buyers to so notify the Seller
shall constitute an election to proceed with the transaction.
p Survey
~ .
Buyers shall obtain at their expense a survey by a surveyor of
the sale tract prior to closing. The description contained in
said survey shall be used for conveyance purposes and in
determining the acreage for purchase price purposes.
G. Closing
This agreement shall be performed and this transaction closed
within ninety (90) days after acceptance hereof lmless the parties
agree in writing to an extension.
H. Duration of Offer
This offer shall remain open for acceptance until midnight
.3 -/O.,g-f .
I. Successors and Assigns
The terms, covenants and provisions of this Agreement shall
extend to and be binding upon the respective successors, assigns,
personal representatives and heirs of Seller and Buyers.
J. Environmental Matters
Neither the Seller nor to the best knowledge of the Seller,
any other person has ever caused or permitted any Hazardous
t-laterial to be placed, held, located or disposed of on, under or at
the property or any part thereof and the property has never been
used (whether by the Seller or, to the best knowledge of the
Seller, by any other person) as a disposal site or permanent or
temporary storage site for any Hazardous Material.
As used herein, the tenn "Hazardous ~1aterial" shall mean any
hazardous, toxic or dangerous waste, substance or material or any
pollutant or contaminant defined as such in (or for purposes of)
the Resource Conservation and Recovery Act of 1976, as amended from
time to time, and the regulations thereunder, the Comprehensive
Environmental Pesponse, Compensation, and Liability Act and tl1e
regulations thereunder, any so-called "Superfund" or "Su~rlien"
law, or any other Federal, state or local statute, law, ordinancer
code, rule, regulation, order or decree regulating, relating to, or
imposing liability or standards of conduct concerning any
hazardous, toxic or dangerous waste, substance or material,
applicable to the property.
K. Reliance of Buyers
Buyers have examined all property involved in making this
offer, and will examine the survey referred to above, and in
making this offer are relying solely upon such examin&tion with
reference to the condition, character and size of land and
improvements and fixtures, if any. This Agreement constitutes the
entire contract and there are no representations, oral or written
which have not been incorporated herein. Time is of the essence of
all provisions of this Agreement. All provisions of this
Agreement shall survive the closing and not be merged into the
deed.
O:ite: /lJMd~ If;'/' BOARD OF EDUCATIOO
IXlBLI~ == SCH'7J;:cr )
~1V~ 1~(Ud1 ,
By:~
/
By:
CITY OF DUBLIN (BUYER)
2~Ld-;:- ~'I:::{; By: ~/I~~~
~ 7D -I....~ ~..
By:
n~ kJ R~Q?- 1A~
ALVIN RIN S (SELLER ~
ACKNCMECGkNI'S
STA'IE OF OHIO
COUNTY OF FRANKLIN, 5S:
Bef~me, a Notary Public, personally appeared ~ above named
'!IC.'/... ~d . , the d:.<zcc..k..eJ.-J
d respectively, of the Board of Education of the
lin Local School District and swore that G~e signing thereof is his/her free
and voluntary act and that he/ she is duly authorized to sign the same and that
the ~igning hereof is. the. free a~t an deed of the Board ~catiop of the
Dubhn Local School Dlstn_ct, thlS ~ day of J./ ,
1988.
h~.g F~
Not~ Public :;,": " ',,'.~:T
STA'IE OF OHIO . .:[0)
~ -,
~. L . , -~
COUNTY OF FRANKLIN, ss:
Before me, a Notary Public, personally appeared the above named Alvin
Rings, .4~.; , , , and swore t.~a t
the signing thereof is his/her free and voluntary act day
of ~ ' 1988.
.tan lee lJ " ;.\ ttorney at-law
IV!
.' ",it Of 1.10'10
, 'r,' ~tioll ......
" H C.
STATE OF OHIO
aJUNTY OF FRANKLIN, ss:
Before me, a Notray Public, personally appeared the aoove named
Ti/Jl j-I#/f/5/~Y' and , the ~A)1A6" A...
and / respectively, of the City of Dublin and
swore that the signing thereof is his/her free and voluntary act and that
he/ she is duly authorized to sign the same and that the signing hereof is the
free act an deed of the City of Dublin , this 4//;/7 day of
iPl/l/t:i , 1988. ~-,,-/( ~,~~~,~,
"JL~~Y,,~~ '!i:~ ~~1!TH
" OO_MISS'::o, j/l'~ ;:,:" ~ ".If OHIO
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