106-87 Ordinance
, RECORD OF ORDINANCES
National Graphics Corp., Cols., O. ... Form No. 2806-A
Ordinance No.u 106-87 Passed __J9__
AN ORDINANCE AUTHORIZING THE ACCEPTANCE BY THE
CITY OF DUBLIN, OHIO OF A CONVEYANCE OF LAND
TO THE CITY BY THE DUBLIN LOCAL SCHOOL DISTRICT;
AUTHORIZING THE LEASE AND SALE OF SAID LAND TO
THE BOARD OF TRUSTEES OF THE PUBLIC LIBRARY OF
COLUMBUS AND FRANKLIN COUNTY; AUTHORIZING THE
EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO
LEASE; AND DECLARING AN EMERGENCY
WHEREAS, the City of Dublin, Ohio (the "City") and the Board of Trustees
of the Public Library of Columbus and Franklin County (the "Library") have
heretofore entered into a Lease, dated as of January 1, 1980, pursuant to
which the Library is leasing and will purchase a branch library facility
from the City; and
WHEREAS, the Library has negotiated an agreement with the Dublin Local
School District pursuant to which approximately two acres (the "Additional
Land") adjacent to the west side of the Leased Land, as defined in the
Lease, is to be made available to the Library so that the Library can
expand the Building, as defined in the Lease; and
WHEREAS, the Library has requested that the Additional Land be acquired by
the City and added to the Leased Land under the Lease, in accordance with
provisions of the Lease;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Ohio,
7 of the elected members concurring that:
Section 1. The City shall accept the conveyance of the Additional Land
(which shall be more particularly described on Exhibit "A" to the First
Amendment to Lease hereinafter referred to) and shall add the Additional
Land to the Leased Land pursuant to the First Amendment to Lease.
Section 2. The City Manager is hereby authorized and directed to execute
and deliver a First Amendment to Lease, dated as of September 8, 1987,
between the City and the Library. Said First Amendment to Lease sha 11 be
substantially in the form presented to this Council, which is hereby
approved in all respects with such changes therein as shall be approved
by the City Manager and the Director of Law.
Section 3. It is found and determined that all formal actions of the City
concerning and relating to the adoption of this ordinance were adopted in
an open meeting of this Council, and that all deliberations of this Council
and any of its committees that resulted in such formal action were in
meetings open to the public, in compliance with all legal requirements,
including Section 121.22 of the Ohio Revised Code.
Section 4. This ordinance is hereby determined to be an emergency measure,
the immediate passage of which is necessary for the preservation of the
public peace, health, safety or welfare and for the further reason that
the ordinance must be immediately effective so that completion of arrange-
ments for the building addition can be implemented as soon as possible
in order that the City and its residents may enjoy the benefits of the
additional library services; wherefore, this ordinance sha 11 be in full
force and effect immediately after its passage.
Passed this 8th day of September , 1987.
MaYO~icer t~U~'lY~
, hereby certify that copies of this Ordinance/Resoluti.o
were posted in the Village of Dublin in accordance WIt
Section 731.25 of the OhiQ Revised Code.
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Clerk of CcwtJoiI
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July 16, 1987
DESCRIPTION OF 2.2111 ACRES OF LAND
NORTH OF DARBY STREiT
WEST OF HIGH STREE.
VILLAGE OF DUBLIN
Situated in the State of Ohio, County of Franklin, Village of Dublin,
being a 2.211' acre tract of land all out of that 18.15 acre tract as described
in a deed to the Board of Education, Washington Local School District, Franklin
County, Ohio, of record in Deed Book 2067, Page 232. (all references being to
records in the Recorder's Office, Franklin County, Ohio), said 2.2111 acre
tract being more particularly described as follows:
Beginning at a point on the northerly line of Darby Street extended on the
westerly line of a 20.00 foot wide alley, said point being located South 830
00' 00" West, a distance of 186.50 feet from the intersection of the northerly
line of Darby street and the westerly line of Hiph Street. as designated and
delineated upon the Recorded Plat "PLAT OF DUBLIN', of record in Plat Book 3,
Page 199:
Thence South 83000'00" West, a distance of 193.50 feet to an iron pin set;
Thence North 7000'00" West, a distance of 403.00 feet to an iron pin set;
Thence North 83.00'00" East, a distance of 396.73 feet to an iron pin set
on the centerline of said High Street;
Thence South 10021'15" East, along the centerline of said High street, a
distance of 75.13 feet to an iron pin found, being the northeasterly corner of
that 1.283 acre tract as described in a deed to The Village of Dublin, of
record in Deed Book 3759. Page 134;
Thence South 83.00'00" West, along the northerly line of said 1.283 acre
tract, a distance of 187.63 feet to an iron 'pin found at the northwesterly
corner of said 1.283 acre tract:
Thence South 7.00'00" East, along the we$terly line of said 1.283 acre
tract, a distance of 146.50 feet to a point at the northeasterly corner of that
20.00 foot wide alley as shown upon the said "P~AT OF DUBLIN";
Thence South 83000'00" West, along the ndrtherly line of said alley, a
distance of 20.00 feet to a point at the northwe'sterly corner of said alley:
Thence South 7.00'00" East, along the we$terly line of said alley, a
distance of 181.50 feet to the place of beginning and containing 2.2111 acres
of land:
Note: A bearing of South 83000'00" West was assumed on the northerly line
of Darby Street as described in a deed to The Village of Dublin of record in
Deed Book 3759, Page 134, and all other bear1ngs then calculated from this
meridian.
Hockaden and Associates rnc
Consulting Engineers
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REV/SED OATES ORDU NUMBERS
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RATIFICATION AND REAFFIRNATION OFj
FIRST AMENDMENT TO LEASE
This Ratification and Reaffirmation of First Amendment 1.0
Lease ("Ratification of First Amendment") is made as of the ~~
day of March, 1988, between the City of Dublin, Ohio (the
"Lessor"), a municipal corporation and political subdivision
organized and existing under the laws of the State of Ohio, and
the Board of Trustees of the Public Library of Cplumbus and
Franklin County (the "Lessee"), a county library district
organized and existing under the laws of the State of Ohio.
WITNESSETH
WHEREAS, the Lessor and the Lessee have heretofore entered
into a Lease, dated as of January 1, 1980 (the "Original Lease"),
relating to a branch library located within the corporate limits
of Dublin, Ohio;
WHEREAS, pursuant to the Original Lease, the Lessee is
permitted to make additions, modifications and improvements to
the Leased Land and the Building, each as described in the
Original Lease;
WHEREAS, the Lessee has entered into an agreement with the
Dublin Local School District pursuant to which s~id district
shall convey to the Lessor, for the benefit of tpe Lessee, a
parcel of land adjacent to the Leased Land as described in the
Original Lease in order to permit the Lessee to construct an
addition to the Building;
WHEREAS, by that certain First Amendment ito Lease, dated
as of September 8, 1987, the Lessor and the Les~ee have amended
the Original Lease to add said parcel of land, which is described
on Exhibit "A" attached hereto, to the Leased Land;
WHEREAS, contemporaneously herewith, Dublin Local School
District has conveyed said parcel of land to Lessor; and
,
WHEREAS, Lessor and Lessee now desire to:ratify and
reaffirm the First Amendment to Lease which add~ said parcel of
land to the Leased Land;
NOW, THEREFORE, in consideration of the Bremises and the
covenants contained herein, in the First Amendment to Lease, and
in the Original Lease, the parties hereto agree ~hat the
definition of Leased Land shall be modified in its entirety to
provide as follows:
.
"Leased Land" means the real estate, ,interest
in real estate and other rights described an
Section 4.1 hereof, Exhibit A hereto, Exhibit "A"
of the First Amendment to Lease, dated as of
September 8, 1987, between the Lessor and the
Lessee, and as ratified and reaffirmed by that
certain Ratification and Reaffirmation of First
Amendment to Lease, dated as of March~, 1988, and
any other lease supplementing the Lease, together
with all additions thereto and substitutions
therefor, less such real estate, interests in real
estate and other rights as may be released from
.this Lease pursuant to Sections 7.5, 7.6 or 10.4 of
this Lease or taken by the exercise of the power of
eminent domain as provided in Section 6.2 of this
Lease."
IN WITNESS WHEREFORE, the parties hereto have executed this
Ratification of First Amendment to Lease by their duly authorized
officers as of the date first written above.
CITY OF DUBLIN, OHIO
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By: ( . "".~....-.,
City Manager
Signed and acknowle as to BOARD OF tRUSTEES OF THE
both in the presence PUBLIC LIBRARY OF COLUMBUS
AND FRANK~IN COUNTY, OHIO
aA-b~ A- r1j:.y By:
" ."l'l' . ^\~'" '.' ----..-,', ....'-...jI r-...r/
''-, ,,(.cUi,- Il' U /.,Jk-,U__/~ Attest ;, ..'C;".'-I.. c:ce':::~~ (yYVt.;.:) ---z:.--
S~c'retary
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._ Ap~ved as to Form:
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DIrector of Law
City of Dublin
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,
.
The Trustees under the Indenture of Mortga~e, dated as of
January 1, 1980, between the Village of Dublin, Opio (aka City of
Dublin, Ohio) and BancOhio National Bank hereby consents to the
foregoing Ratification and Reaffirmation of First~~endment to
I
Lease.
BANCOHIO NATIONAL BANK
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By: c;;-- f ?'<J:I ./G,
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Its: / /'it~4_-:I-
STATE OF OHIO .
.
:
COUNTY OF FRANKLIN .
.
On this Jl.ut. day of /l}PXIL , 19~8, before me, a
Notary Public in and Hor,the said. County and State, p~rsonally
appeared ;J//f)OTH Y C, I)/Y5'LE:Y , C1ty Manager of the Clty of
Dublin, Ohio and acknowledged the execution of the foregoing
instrument and that the same is his/her voluntary act and deed on
behalf of said City and the voluntary act and deed of said officer
as such.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal on the day and year afotesaid.
I
Cf) .'n'1 C~. Ue&:;/
Notary ~u?lic ?
D. MAR!E ALLEY,
NOTt\RY PU3L1C, STvATE OF OHIO / dt/;--p
Wi CO, . ,)N t,P1RES - .
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StrATE OF OHIO :
:
COUNTY OF FRANKLIN :
On this r day of ' ??I~ , 19:88, before me, a
Notary Public in and fo~ the said County and Sta~ersonallY
appeared~.~f~ and~.~.~ I ,
President and Secretar , respectively, o~the Bqard of Trustees
of the Public Library of Columbus and Franklin Cqunty, the Board
which executed the foregoing instrument, who acknowledged that
they did sign said instrument as such officers, respectively, for
and on behalf of said Board; that the same is their free act and
deed as such officers, respectively, and the free and corporate
act and deed of said Board.
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IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal on the day and year aforesaid.
~~.huvv
otary Pubil c
Glorla J. Grabo
~1y Commission Expires 9/22/92.
This instrument was prepared by Charles H. McCreaty, Esq. , Bricker
& Eckler, 100 South Third Street, Columbus, Ohio.
5708B
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