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029-87 Ordinance . RECORD OF ORDINANCES National Graphics Corp., Cols., O. Form No. 2806-A 29-87 Pnsse"d Ordinance No.___ - - - -------------19_ AN ORDINANCE ACCEPTING A LEASE AGREEMENT BETWEEN THE VILLAGE OF DUBLIN AND THE DUBLIN LOCAL SCHOOL DISTRICT FOR THE EAR- LINGTON SUBDIVISION. WHEREAS, the Council of the Village of Dublin and the Dublin Board of Education entered into an agreement in principle to locate a school site on the 262 acre parcel dedicated as a park/school site in the Earlington Subdivision per Resolution 07-86; and, WHEREAS, a lease has been prepared to locate a school in said park/school site. NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio 6 of the elected members concurring: Section 1. That the Acting Village Manager is authorized to enter into the lease agrement attached hereto as Exhibit A between the Board of Education of the Dublin Local School District and the Village of Dublin; and Section 2. That this Ordinance is declared to be an emergency necessary to preserve the public peace, health and safety and therefore shall take effect and be in force immediately upon its passage. Passed this 16th day of March , 1987. Mayor - Presidi g Officer Attest: Jerk of Coll I Sponsor: Acting Village Manager f hereby certify that copies of this Ordinance/ResoQr~~~~ were posted in the Vill2~e of Dublin in accordance wii!I Section 131.25 of the Ohio Revised Codyye./ / Clark of Council LEASE THIS LEASE, made this day of 198 between the Board of Education of the Dublin Local School District of Dublin, Ohio, Lessee, by its President and Treasurer, duly authorized by resolution of the Board, and the Village of Dublin, Ohio, Lessor, acting through Village Council, its Mayor and the Acting village Manager as duly authorized by Ordinance No. 29-87 ,passed on March 16 , 198? , by the Council of the Village of Dublin, Ohio. The Lessee is hereinafter designated BOARD and the Lessor is hereinafter designated VILLAGE. WITNESSETH: That the said Village, in consideration of the rents and covenants hereinafter contained, and by said Board to be paid and performed, hereby leases to the said Board, for use as a public school site, the following described premises: In the County of Franklin, Village of Dublin, TO HAVE AND TO HOLD THE SAME, with appurtenances, unto said Board, commencing on the 1st day of .1987, for and during the full term of ninety-nine (99) years next ensuing, and ending on the day of .2086. The Board covenants and agrees to pay to the Village as rent for said premises during the term of this Lease, and any options exercised hereunder, at such a place as shall be designated by the Village, the sum of One Dollar ($1.00) per annum, payable in advance on the 1st day of this Lease, and hereafter on the anniversary date thereof, throughout the term of this Lease. Further, the parties hereto agree that a site plan of the proposed facility including but not limited to such elements as street layout, architectural style and design, landscaping, and parking shall be subject to review and approval of the Village of Dublin Planning and Zoning Commission and Council pursuant to the Village Code. In accordance with those plans and specifications prepared and mutually approved by the Village and Board, the Board agrees to bear fully the total cost of constructing a school building upon the demised premises, including, but not limited to, engineering, architectural and construction expenses. Upon its completion, the building, and other improvements, shall be and remain the property of the Board, except as otherwise agreed to herein. All expenses are to be paid by the Board for the daily operation of the demised premises, including, but not limited to, water, gas, electricity and sewage charges. 1 The Board covenants and agrees that it will, at its own expense, maintain the premises, and the building and facilities erected thereon, and the Board will be responsible for the cost of any custodial care, maintenance, repairs and alteration. It is mutually agreed between the parties hereto, that the Board shall have complete supervision, custody and control over the building and facilities, which are the subject of this Lease. Upon mutual agreement of the parties, the Board will allow the Village to use the portions of the building made available to the public during non-school hours, in accordance with policies established by the Board, in conjunction with the Village Parks and Recreation Department, said policies to be reviewed annually by the parties. The Village shall have access to the gymnasium and other non-academic areas, and will have the right to use the recreational facilities in a manner to be mutually agreed upon by the parties. It is the desire of the parties to obtain maximum utilization of the demised premises as both an Elementary School, and a facility available for the benefit of the citizenry of Dublin, Ohio. It is mutually agreed between the parties hereto that during any period when the Village utilizes the demised premises, or any part thereof, that the Village shall assume complete responsibility for control and supervision of the activities of any persons using said building and facilities. The Board covenants and agrees that should future decline in pupil enrollment in the Dublin Local School District require the closing of any elementary school building in the school district, the Board will consult with the Village to determine the needs of the parties and the subject elementary school building will be given consideration for being the first such building closed by the Board. At the time of such closing, the Board may lease the building to the Village for $1.00 per year. Once the Board has leased the building to the Village, said lease may not be terminated by the Board without giving the Village notice in writing three years before the date the lease is to terminate. If the Village does lease the building from the Board, the Village shall assume all level obligations for the maintenance, care and operation of the building, and shall hold the Board harmless for any obligations in relation thereto, and may not make any structural additions or demolitions to the building without the written consent of the Board. Unless the parties to this Lease otherwise mutually agree, upon the date of expiration of this Lease, the Board shall give over to the Village the buildings and any improvement upon the demised premises, the consideration for which shall be $1.00. The parties agree that, as additional consideration for this transaction, the Village shall assume all obligations for the maintenance, care and operation of the building, and shall hold the Board harmless for any obligations in relation thereto. This Lease shall be non-assignable without the written consent of both parties. 2 IN WITN/ES~WHEREO the Board has, through its duly authorized agents, set its hand and seal this! ~ day of ~ 1987. Signed and Acknowledge BOARD OF EDUCATION OF THE in the Presence of: DUBLIN LOCAL SCHOOL DISTRICT ~ i~ , Nam J rome Preissler, Treasurer STATE OF OHIO COUNTY OF FRANKLIN, ss: BE IT REMEMBERED that on this day of 198'1 before me, the subscriber otary Publi nand for said unty and State, personally came the above named on behalf of the Lessee herein and acknowledge the signing of the same to be their voluntary act for the uses and purposes herein mentioned. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year first aforesaid. C l / L Notary Public SUZANNc 6. FEASEL NOTARY FUBLIC STAIE OF OHIO MY COMMtSS10N EXF.RES SEPT. 27-1991 Signed and Acknowledged Accepted this day by the Lessor herein, in the Presence of: VILLAGE OF DUBLIN, Dublin, Ohio 43017 i J '~y By Na e Acting Village Ma ager ~v ' t Signature and acceptance authorized by ~ GLLCc~ Ordinance No. 29-87 Name STATE OF OHIO COUNTY OF FRANKLIN, ss: Before me, a Notary Public in and for said County and State, personally appeared the above named Nanette ,T. Prushing who acknowledged that he did sign the foregoing instrument and that the same was his free act and deed. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal, this Z-~~~~day of ,"~/~-%~'Cf{ .1987. Notary Public Q. ~~;`~R9F ALLEY 3 f GENERAL WARRANTY DEED (Sections 5302.05 and 5302.06 Ohio Revised Code) Brand Road Investment Co., Ltd., an Ohio limited partnership, Grantor, of Franklin County, Ohio for valuable consideration paid, grants, with general warranty covenants, to the Village of Dublin, Ohio, a municipal corporation, Grantee, whose tax mailing address is the following REAL PROPERTY: Situated in the County of Franklin in the State of Ohio and in the Village of Dublin (the "Premises"): See Exhibit "A" attached hereto and made a part hereof. Subject to real estate taxes and assessments; zoning ordinances; public rights-of-way; and restrictions, Conditions, and easements of record. This conveyance is made by the Grantor and accepted by the Grantee subject to the restriction and covenant of Grantee that in the development of the Premises Grantee will provide outlets to accomodate the stormwater drainage ow rom u~stream__drainage_ areas across e r ~ an ur e ~Fi`atin the event upstream drainage areas are developed prior to the development of the Premises Gr~ee will cooperate with Grantor, its successors _and assigns, in facilitating the draina_cte of said upstream areas across ~ the Premises by mean. o ea~nt ~ for drainage_ditches and other cup ary drainage facilities. Grantor, for itself and-its ~~~',l successors and assigns, covenants and agrees to work with Grantee pG in planning said drainage facilities in such a manner as to work in C~ harmony with Grantee's development plans for the Premises. There is expressly reserved to Grantor, its successors and assigns, a non-exclusive easement for purposes of constructing and maintaining underground utilities within a strip of land along the entire southerly property line, the northern boundary of said easement area being 25 feet north of the northerly right of way line for Dublinshire Drive. Prior Instrument Reference: Official Records Vol. 221 Page C-19, Franklin County Recorder's Office. Witness the hand of Grantor's duly authorized partner this day of , 1987. Signed and acknowledged in the presence of: BRAND ROAD INVESTMENT CO., LTD., witness an Ohio limited partnership By: witness Donald W. Kelley, general partner STATE OF OHIO, COUNTY OF FRANKLIN, ss: The foregoing instrument was acknowledged before me this day of , 1987, by Donald W. Kelley, general partner, on behalf of BRAND ROAD INVESTMENT CO., LTD., an Ohio limited partnership. ~ Notary Public My commission expires This instrument was prepared by: Timothy M Kelley, Attorney at Law 225 E. Broad St. Columbus, Oh. 43215 i / ~'l GENERAL WARRANTY DEED (Sections 5302.05 and 5302.06 Ohio Revised Code) Hemingway West Development Company, an Ohio corporation, Grantor, of Franklin County, Ohio for valuable consideration paid, grants, with general warranty covenants, to the Village of Dublin, Ohio, a municipal corporation, Grantee, whose tax mailing address is the following REAL PROPERTY: Situated in the County of Franklin in the State of Ohio and in the Village of Dublin (the "Premises"): See Exhibit "A" attached hereto and made a part hereof. Subject to real estate taxes anal assessments; zoning ordinances; public rights-of-way; and restrictions, conditions, and easements of record. This conveyance is made by the Grantor and accepted by the Grantee subject to the restriction and covenant of Grantee that in the development of the Premises Grantee will provide outlets to accomodate the stormwater drainage flow from upstream drainage areas across the Premises and further that in the event upstream drainage areas are developed prior to the development of the Premises Grantee will cooperate with Grantor, its successors and assigns, in facilitating the drainage of said upstream areas across the Premises by means of easements for drainage ditches and other customary drainage facilities. Grantor, for itself and its successors and assigns, covenants and agrees to work with Grantee in planning said drainage facilities in such a manner as to work in harmony with Grantee's development plans for the Premises. There is expressly reserved to Grantor, its successors and assigns, a non-exclusive easement for purposes of constructing and maintaining underground. utilities within a strip of land along the entire southerly property line, the northern boundary of said easement area being 25 feet north of the northerly right of way line for Dublinshire Drive. Prior Instrument Reference: Official Records Vol. 4750 Page G-19, Franklin County Recorder's Office. Witness the hand of Grantor's duly authorized officer this day of , 1987. Signed and acknowledged in the presence of: HEMINGWAY WEST DEVELOPMENT COMPANY witness an Ohio corporation By: witness Janmes R. Havens, president STATE OF OHIO, COUNTY OF FRANKLIN, ss: The foregoing instrument was acknowledged before me this .day of , 1987, by James R. Havens, President of Hemingway West Development Company, an Ohio corporation, on behalf of the corporation. Notary Public ~ My commission expires This instrument was prepared by: Timothy M Kelley, Attorney at Law 225 E. Broad St. Columbus, Oh. 43215 =V= - _ - = ANC. CONSULTING ENGINEERS do SURVEYORS July 31, 1987 Firestone, Jaros, Mullin, Inc. 500 West Wilson Bridge Road Worthington, Ohio 43085 Attention: Mr. Ron Firestone Dear Sir: The following is the description of the area for the proposed Elementary VI at Earlington Village school, as per your request. Situate in the State of Ohio, County of Franklin, Village of Dublin, being located in Virginia Military Survey No. 3010 and being part of that tract of land conveyed to Brand Road Investment Co., Ltd., by deed of record in Official Record 00221C19, all references being to records in the Recorder's Office, Franklin County, Ohio, and bounded and described as follows: Beginning at the intersection of the easterly line of said Brand Road Investment Co., Ltd. tract, a westerly line of the 105.541 acre tract conveyed to Hemingway West Development Co., by deed of record in Official Record 04750G19, with the northerly right-of-way line of Dublinshire Drive (60 feet in width); thence along said right-of-way line of Dublinshire Drive, being the arc of a curve to the left (Delta = 35° 26' 40", Radius = 390.0 feet), a chord bearing and distance of South 83° 39' 22" West, 237.43 feet to a point of tangency; thence South 65° 56' 00" West, continuing along said right-of-way line, a distance of 232.49 feet to a point of curvature of a curve to the right; thence continuing along said right-of-way line, being the arc of said curve (Sub-Delta = 36° 19' 39", Radius = 590.0 feet), a chord bearing and distance of South 84° 05' S0" West, 367.85 Feet to a point; thence North S° 28' 44" East, a distance of 551.41 feet to a point; thence South 84° 31' 16" East, a distance of 180.00 feet to a point; EVANS, MECHWART, HA:~1BLF:TON & TILTON, INC. Continued . 170 111IL1. STREET, GAHANNA, OH1O 432.30 614/471-5150 Branch Ufficr: 27 NORTH COLLEGE STREET, ATHENS, UHIU 45701 614/593-7767 Firestone, Jaros, Hullin, inc. Mr. Ron Firestone .July 31, i987 - Page 2 - thence North S° 28' 44" East, a distance of 260.00 feet to a point; thence South 84° 31' 16" East, a distance of 245.00 feet to a point; thence North 44° 02' 45" East, a distance of 80.00 feet to a point in the southwesterly line of the 1.119 acre tract conveyed to Joel R. and Robin R. Campbell, by deed of record in Official Record 04886C02; thence South 45° 57' 15" East, along said southwesterly line of the 1.119 acre tract, a distance of 75.00 feet to the southeasterly corner of said tract; thence North 44° 02' 45" East, along the southeasterly line of said 1.119 acre tract, a distance of 97.71 feet to the southwesterly corner of the 0.867 acre tract conveyed to Michael L. and Susan K. Eger, by deed of record in Official Record 08642F15; thence South 45° 57' 15" East, along the southwesterly line of said Michael L. and Susan K. Eger 0.867 acre tract, a distance of 256.8b feet to the southeasterly corner of said tract and being in the westerly line of the Hemingway West Development Co. 105.541 acre tract; thence South 5° 28' 44" West, along said westerly line of the 105.541 acre tract, a distance of 507.58 feet to the place of beginning, containing 12.026 acres, more or less. Subject, however, to all legal rights-of-way and/or ease- ments, if any, of previous record. Respectfully Submitted, EVANS, MECHWART, HAMBLETON F, TILTON, INC. Thomas D. Sibbalds, Registered Surveyor No. 5908 TDS/ksm. Dublin Schools June 3 , 19 8 7 Joe D. Riedel Superintendent Tony J. Wall Asst. Superintendent Nanette J . Prushing Jerry Preissler Village Of Dublin Treasurer 6665 Coffman Rd. Dublin, Ohio 43017 Dear Ms. Prushing: Enclosed is an executed copy of the Earlington lease for your files. We are in the process of having a survey done on the site. Our delay has been the parking lot location. In addition to the survey, Janet Jordan asked for a topo of the site. I think that has been completed. I am not sure of the costs involved, but when I am we can talk then. Sincerely, rr Preissler Tre urer JP/kkk Enclosure a total commitment - 1 - Dublin Schools, 62 W. Bridge St., Dublin, OH 43017 (614)764-5913 i i L ?t• Irrr•• r• :•1 r r, rr rrrrrr4 r .•r•~rrll.rr •r~ I August 5, 1987 Mr. James Olausen Village of Dublin 6665 Coffman Road Dublin, Ohio 43017 Re: ELEMENTARY VI at Earlington Village Dublin Local School District 8701 Dear Mr. Olausen: Enclosed is a legal description of the elementary school site at Earlington as prepared by Evans, Mechwart, Hambleton & Tilton, Inc. This description defines the boundary depicted in the enclosed drawing. Should you have questions or need additional information, please let me know. Sincerely, F STONE JAROS MULLIN, INC. RONALD E. FIRESTONE, AIA REF/rf cc: Janet Jordan Paul Willis Joe Riedel Dan Smith I~Iltl:ti"IO.\1 I.\ItOti .\Il~l.l.l\. I\(:. -,~Nr ~~r.; ~~~;.r~;: iarn~~:r ~„~.~rf ~~~rr;lr;r rrr_ ~rl.n~ iu~~t-r ~r~i t,i_ ~i~