71-95 Ordinance
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance NO.m_n_u__1h95-- P assed____n____n nnn_nm_mm_n _n_ n_n__ __19 ____n__
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF LAND
BY THE CITY OF DUBLIN, omo TO THE BOARD OF TRUSTEES
OF THE COLUMBUS METROPOLITAN LmRARY; AUTHORIZING THE
...... EXECUTION AND DELIVERY OF A DEED; AND RESERVATION OF AN
ACCESS EASEMENT
......
WHEREAS, the City of Dublin, Ohio (the "City") and the Board of Trustees of the
Public Library of Columbus and Franklin County, now the Board of Trustees of the
Columbus Metropolitan Library (the "Library"), have heretofore entered into a lease,
dated as of January 1, 1980, pursuant to which the Library leased and contracted to
purchase a branch library facility from the City consisting of 1.244 acres improved with
a structure; and
WHEREAS, the Library later negotiated an agreement with the Dublin Local School
District pursuant to which 2.2111 acres adjacent to the west side of the existing Library
was made available to the Library so the Library could expand its building; and
WHEREAS, the additional 2.2111 acres were acquired by the City and added to the
lease, as authorized on Ordinance No. 106-87, passed on September 8, 1987, the 1.244
acres and the 2.2111 acres sometimes hereinafter called the "Premises"; and
WHEREAS, the final payment of the Five Hundred Thousand Dollars ($500,000.00)
Village of Dublin, Ohio Seven and One-Half Percent (71J, %) Library Building Mortgage
Revenue Bonds dated January 1, 1980, and due January 1, 1995, have been paid in full,
as certified by the Trustee, National City Bank, Columbus Trust Group, in writing to the
..... Director of Finance, Columbus Metropolitan Library, as shown to the City and its Law
Director; and
......
WHEREAS, Sections 10.3 and 10.5 of the January 1, 1980 Lease call for the transfer
of the Premises by the City to the Library upon payment in full of the bonds.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, '7 elected members concurring:
Section 1. The City shall convey the Premises upon which the branch library and the
parking lot sit, containing 1.244 acres and 2.2111 acres, at 75 North High Street, Dublin,
Ohio, more particularly described in the attached Exhibits "A-1" and "A-2" to the Board
of Trustees of the Columbus Metropolitan Library, by Deed which Deed is attached as
"Exhibit B", and as required by Sections 10.3 and 10.5 of the Lease.
Section 2. The Deed shall reserve, as shown, an easement to the City as follows:
"Reserving, however, to the Grantor an easement over the southern, paved portion of the
premises to the west line of the Premises, for the purpose of ingress and egress for
maintenance vehicles in order to maintain the cemetery to the north of the Premises, only
when such maintenance is being performed. The rights of ingress and egress shall also
include the right to park maintenance vehicles at the western line of the premises and for
- access to the paved path north to the cemetery. Grantor will park its maintenance
vehicles on the path and on the cemetery grounds, and will only park its maintenance
vehicles on Grantee's parking lot for extraordinary reasons. This agreement shall be
'..., binding upon the parties hereto, their successors and assigns."
Section 3. The City Manager is hereby authorized and directed to execute and deliver
the Deed to the Library.
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No. __nnn_m11-:95 (Continued) Passed_mm_____m mnm_m__ __19000_____
Section 4. 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.
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Section 5. That this Ordinance shall take effect and be in force on the earliest date
permitted by law. day of ~ DieM ~ y, 1995
Passed this / / --t'"
I
~esiding Officer
ATIEST:
~ r!-~
Clerk of Council
........
. posted in the
~ . h' Ord:nonte/Rese!Ytteft were .
\ hereby certify th01 copIes of ~,'s 10n 731.25 of the Oh10 Revised Code.
City of Dublin in attordonce WI'" Sed
~ C!.- (! / .AlA~
. Clerk of council, Dublin, Ohio
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EXHIBIT A-I
Being :iicu<l.e~d iCl th.e S<::at:e of Ohio, County of Fra~klin, .City.. /
of Oublin., and bei:l3. pare: of an 13.15 acre trace c::n'leyed to
ehe Boare of C:ducat:ion of Washiz:gton Local Sch.ool District:
Franklin Counc:y, Ohio shcw"U of record in Deed Sook 2067, Page 2.12,
and being ~ll of tocs 150, 151, 152, and all of a 16.5 foot vacated
alley vacac:~d by Ordinance 062-79, ~~y 21, 1979, Village of Dublin
sho""it of record in Plat: Book 3, Page 199, Recorderrs Office,
Franklin Counc:y, Ohio and all of a 0.062 acre crac: conveyed to
",.... the Village of Ol.:.olin. show"U of rec::lrd in Deed Book 421, Page 93,
I Reco rder I s Office, Franklin County, Ohio, and being mere parcicu-
i larly described as fcllo~s:
....
Beginning ac: ~n iron piCl ac the intersection of the ~esterly line
of Hi6n Screec (66 feet w-ide) ~ith the northerly line of North
Screec (66 feec ~ide), said porne being at the soucheasterly
cacnee of said Lot 150; .
Thence, Souch 83000r wesc, along the nore:herly line of said
Noreh Screet (southerly line of said Lot 150), a discance of .
166.50 feet Co an iron pin at che souch~esc:erly corner of said
Lac: 150, said poine being at the intersection of the northerly ~
line of said Noreh Sc:=eet w~th the e<lsterly line of Darby Street
(20 feec: ~ide).
.
Tnence, Norch 7000' west, along the easterly line of said Darby
Sc:re~c:, and along the ~esterly line of said Lacs 150, 151, 152,
and along the ~esterly line of said 16.5 foot vacated alley. and
along said line produced northerly across. said 18.15 acre tract,
a disC:<lnce of 328.00 feet to an iron pin;
Thence, Norch 83-00r East, across said 18.15 acre tract, a dis-
t.:l.nce of 158.10 feet to a paine;
. .
.",.,. Thence, South 11-38' East, across said 18.15 acre tract, along :
a line parallel ~ith the old centerline of Dublin-Bellepoint.Road
.... (FRA-745-D.lJ. 0.26), a distance of 104.04 feet to a point. said
.
poinc: being the norcheast cocner of said 0.062 acre tract;
.
Thence, South 7-00' East, along the easterly line of said 0.062 :
acre tract, and along the easterly line of said 16.5 foot vacated /J-B r
alley, and along the easterly line of s~id Lats 152, 151 and ~50,
a distance of 224.30 feet to the place of beginning, containing . .1tz6 of
1.244 acres, subject, however, to all high~ays and ease~ents of
record and of.records, easement, and restrictions in the ~espect- z7~- It)
ive utility offices.
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II
,~ I EXHIBIT A-2
I JMly 16. 1ge7
I
DeSCRIPTION OF Z.2111 AC~S Of LANe
~TH Of DARBY STREET
WEST Of HIGH STREET
'"CITY OF DUBLIN
,
Situat.d in the Slit. 01 01'110. Count.y of Fl"'''lcli;;. Ci ty . of Dublin
bein9 I 2.2111 Bere traet of l'nd .11 out of that 18.15 aert tract IS df'cr1b~
fn t deed to the Bo.rd of Education. Washift9ton local School Dt$trict. rrA~kl1n
CouMy. Ohio, of record in Dud Boo~ ro61. 'lg82J2. (.11 r.hrwncts being to
,,- recorus in the K@cordwr's OHic_. tl"anltl1" C~ntl. unio). uid 2.2111 ler.
I troct b~lng ~or. P4rtlcul~rly de,cribed IS foll~%
...... Be71nn1h9 It . ~Q1nt on the northerly 11". of Oarby St~t .~t~"d~ on the
westerly l1nf of " ~".OO foot wfd. l11e1. said pofnt b<<hu: loc..bd South 5J.
00' DO" W{l~t,-. d1$lance of 186.50 ft.t fr'Otll the 1nt,.ru~t1o" of tn. ~rtl'1.rly
1 fne o( Darb)' strut .nd the wnhrl, 11"- of Hi,:;''' StN~t. u du19nlh.d and
det 1n~8t.d upon t.h. Rccart1.d Ph~ "PLAT OF' MUH , Qf r'1PCord tn PlIt Book 3.
1'4Q* t9g: .
Th.nce SQuth a3.oo'ooM W.1t. . d11t.n(a of 193.50 f,.t to In iro" pIn "t;
Thene. North 7.00'00" West. . di$tance ~f .03.00 fttt \0 .~ iron pin ~.t:
T~~ne. ~Qrth aj.ooloo~ East. . d11tanct of 396.73 r..i to .~ ir~ pin ,.l
on the ctnter11n. ef ..ld Ht~" S~~9tt:
TlIIlllet South 10.Z11'3~ tul. 'lcn~ U"' etnttrl1"t 01 uid Hi~'" Hrflo..t. A
dittlnet of 75.13 (..t to an 1ron pin Qij"d. btfft9 t~ ftorth..ttel" 1 co~".r 0'
t".~ 1.,83 'crt tract as rl4!~criMd in . d..d to Th. VllhC;_ of Oub11~. OC
record III Oe~d aoo~ 3759, Pa~t lJ.r
Thel'lc1 South 83.00'00" W~1t, .1orll~ the nortMt'ly 11". o~ said 1.282 lI~rfl
tr"ct. a dhtat'\ce of 187.63 fnt t.0 I" iron pin found .t the lIOrt.tn.ot"tttrly
~~~~~r of SlId i.28J &:re trlct;
T"."r.. SOil V, 760')'00" Cut. .10n9 th. wth,.ly l1"e o( U id 1.~8J ."~1" I
.... tr~ct, a distAnce of 146.50 f~.l to . ~olnl at the no~th'I'terl1 eorn.~ of ~~At
,0.00 loot wid. 111~y I' ,ho.n upon t~ ,.id "PLAT OF DUBLIN";
l-.. I Tn_flc. South A3.00'OO" W.,l. alC1lq U~ft Mrth.,.11 l1rt. of uid .n.v. "
dls~a"c~ of <0.00 f~!t l~ . ~olnt at the northww~l.r11 cOrn4~ of s.td .11~;~
Tnet\ct SQ1Jt" roo'co" rut. .1o"~ th4! ...st_,.1, l1ne of ~"td 111~)'. ~ /J~9r
dhtal'lct of 1al.50 htt to toh., p1act of b4P9tMfm; afld conh1nlnq 2.<111 ,cr~~
of 1.,,<J; ,~c:F
floUr A Mlrin9 oT Sotlth rn.oo'oo" ".it. wet u'~d Oft t.~ north.orl)' 1 i"..
0' Darby Strut u d-.'cribed fft . d..d to The V1l1.~ of Dubl in oT MH:on1 ~" -Z73-L/~O-
O'!..d Book 3759. P'9t 134. Itld .11 oth9r bt.rtn." t"'n e.lculahd f'f"'OlllI t"u
I
ftterid1 an. ~>
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Koc~.d.~ end A"octat_1 I~r. fr Descr.p\!l~n -.
Co"1ult1n~ Eft91n.~r, Veii!:erJ'
':lhn Circ:e p.~.. ;~::,
i I Frar,l\!in C,)'::~"!
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R~1~.r~ urY~~or HO~'A .,;,---.~--<~. '
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71587.2 -- ,<.-
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"EXHIBIT BII
LIMITED WARRANTY DEED
The CITY OF DUBLIN, OHIO, a municipal corporation, Grantor, of
Franklin County, Ohio, for valuable 9onsideration paid, grants,
with limited warranty covenants, to the BOARD OF TRUSTEES OF THE
COLUMBUS METROPOLITAN LIBRARY, Grantee, whose tax-mailing address
is , the following real property:
__ situated in the city of Dublin, County of Franklin, and the
state of Ohio:
.... See "Exhibit A-I" and "Exhibit A-2" attached hereto
for the property description
Parcel Nos. 273-4507 (2.2111 acres) 273-10 and 273-38 (1.244 acres)
Reserving, however, to the Grantor an easement over the
southern, paved portion of the premises to the west line of the
Premises, for the purpose of ingress and egress for maintenance
vehicles in order to maintain the cemetery to the north of the
Premises, only when such maintenance is being performed. The
rights of ingress and egress shall also include the right to park
maintenance vehicles at the western line of the Premises and for
access to the paved path north to the cemetery. Grantor will park
its maintenance vehicles on the path and on the cemetery grounds,
and will only park its maintenance vehicles on Grantee's parking
lot for extraordinary reasons. This agreement shall be binding
upon the parties hereto, their successors and assigns.
EXCEPTIONS TO WARRANTY: Covenants , conditions, reservations,
restrictions, easements, rights-of-way, setback lines, taxes and
assessments of record, if any.
__ Prior Instrument References: Official Record 11498 J04; Deed
Book 421, ~age 93; Deed Book 3759, page 134; Recorder's Office,
I . .
~ Franklln County, Ohlo.
witness its hand this day of July, 1995.
signed and acknowledged
in the presence of: CITY OF DUBLIN, OHIO,
a municipal corporation
By:
witness
Its:
(print Name)
witness
(print Name)
CMS/MAP/DMR/149386
035505.284
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STATE OF OHIO
COUNTY OF FRANKLIN, SS:
BE IT REMEMBERED, that on this day of July, 1995, before
me, the subscriber, a Notary Public in and for said County and
state, personally came, . ,
the for the City of Dublin,
Ohio, the Grantor in the foregoing Deed, and acknowledged the
signing thereof to be his voluntary act and deed and the voluntary
act and deed of said municipal corporation.
,....
\ IN TESTIMONY THEREOF, I have hereunto subscribed my name and
affixed my seal on this day and year aforesaid.
....
Notary Public
,....
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This Instrument Prepared By:
Carlile Patchen & Murphy
366 East Broad street
Columbus, Ohio 43215
CMS/MAP/DMR/149386
035505.284
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