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.
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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.
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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
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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
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'~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
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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
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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=
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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
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Dublin Schools, 62 W. Bridge St., Dublin, OH 43017 (614)764-5913
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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
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