71-91 Ordinance
,
. RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance No. n?~:-_~~__,__ Passed _unnnnnn , u__19_
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AN ORDINANCE AUTHORIZING ACQUISITION OF FEE
SIMPLE INTEREST IN A 21.5 +/- ACRE TRACT OF REAL
ESTATE; AND APPROPRIATING FUNDS THEREFORE.
r- WHEREAS, the City has previously purchased 42.672 acres of
I property jointly with Washington Township located on the
'- west side of Cosgray Road, north of Shier Rings Road, in
Washington Township, for park purposes; and
WHEREAS, the City desires to acquire 21.5 + / - acres of
adjacent property to expand and to improve access to the
aforementioned park; and,
WHEREAS, Subsidiary Development Corporation, the owner of
the aforementioned 21.5 +/- acres has agreed to sell this
property to the city pursuant to the terms and provisions
set forth in the attached real estate purchase contract.
NOW, THEREFORE, BE IT ORDAINED by Council for the City of
DUblin, State of Ohio ~ members concurring that:
SECTION 1. The city Manager is hereby authorized to
execute the real estate purchase contract and any other
necessary closing documents related to the acquisition of
a 21.5+/ - acre parcel owned by Subsidiary Development
Corporation. A copy of this contract including a legal
description of the aforementioned property is attached
hereto as Exhibit "A".
,.....
SECTION 2. The consideration to be paid for the property
~ is Ten Thousand Dollars ($10,000.00) per acre for a total
purchase price not to exceed Two Hundred, Fifteen Thousand
Dollars ($215,000.00). (Subject to a final survey). The
purchase price will be payable via a $2,700.00 per acre
down payment at closing, with the balance payable in four
equal annual installments, as is more fully described in
the attached real estate contract.
SECTION 3. The down payment, together with any costs or
expense incurred by the City in connection with this
acquisition, including but not limited to closing costs,
surveys, etc., is hereby appropriated from the
unappropriated balance of the Capital Improvement Tax Fund
for the purpose of paying all of the aforementioned costs
and expenses.
SECTION 4. This Ordinance shall take effect and be in
force from and after the earliest period allowed by law.
Passed this ,,73~ day of ~~ , 1991.
,.....
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Attest: . 'lie illO ev/sed Code.
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REAL ESTATE PCRCHASE AGREEMENT
....*-This Agreenent, ma-:::e and entered into at Dubli.n, Ohio, this
'J-'7t#day of september, 1991, by and bet'..leen the City of Dublin,
OhIO, an Ohio municipal corporation, hereinafter referred to as
"Buyer", and Subsidiary Development corporation, hereinafter
referred to as "Seller".
Buyer hereby agrees to buy and Seller agrees to sell for the
consideration and upon the terms hereinafter set forth, the real
esta te and appurtenances (hereinafter the "Premises") thereto known
as:
21.5~ acres adjoining the existing Dublin, Ohio public park
land near Cosgray Road, Franklin County, Washington Township, Ohio,
being part of the real property described on the attached Exhibit
"A". These Premises consist of a 17.2~ acre parcel lying to the
north of the present Dublin, Ohio public park land, a strip of
property approximately 960 deep feet by 84 feet wide at the south
end of the existing Dublin, Ohio public park land adjacent to
Cosgray Road, and a strip of property approximately 700 feet deep
by 100 feet wide at the northern end of the existing Dublin, Ohio
public park land adjacent to Cosgray Road. Both strips of land
will be used for access from Cosgray Road to the existing public
park land. The exact dimensions and final description shall be
determined by survey. All existing crops l?elong to S~.l).er. Seller Ftc:
may have access to harvest the crops untl.l 5F12 /17//fct/q>) /JOiJ2PnC/f,1
19_.
section 1. Terms. $10,000 per acre, being approximately
$215,000,-to be finally adjusted depending upon the final amount
of acreage, as determined by survey, plus $5,000 for present access
~"-/ rights. The initial down payment, at closing, is $63,050 with the
balance of $156,950 to be paid in four equal annual installments
of $39,237.50 (actual numbers dependent upon ,amount of acreage).
Each payment is due and owing on the appropriate calendar day and -
year subsequent to the closing without interest, wi~ a l5-day..f.ltf I'
grase period for payme~t. rJlI/I1!J:'iO /JM4+AtC! ~ /Jt~ -R\it Op'u('E/J ~t !//20MlS>.:.::<
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Sectl.on 2. possessl.on. At closl.ng. /,J 1" 'I / &.
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.
section 3. Evidence of Title.
F?t)
3.1. For each/parcel of real estate to be conveyed,
Seller shall furnish ~- ~ . ") [It an owner's closing title insurance
commitment, with a copy of the applicable section of the recorded
subdivision plat, certified to. within ten (10) days prior to
closing and, after closing, an owner's title insurance policy in
the amount of the total purchase price.
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3.2. The title insurance commitment shall show
in Seller good and merchantable title in fee simple, ';~po and
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clear of all liens a:ld encumbrances except: ( 1 ) those created by
or assumed by Buyer; ( 2 ) those specifically set forth in this
Agreement; ( 3 ) zoning ordinances; ( 4 ) legal highways; and (5 )
restrictions, conditions and utility easements of record created
or reserved as part of a general plan in and for the subdivision
in which said property is located provided the same do not
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unreasonably-Lnterfere with Buyer's intended use. Buyer's intended
use is public park land.
3.3. Buyer shall pay the full costs and
premiums in connection therewith. The title insurance shall be
'.__. issued by Cornerstone Title Insurance Agency, agent for Chicago
Title Insurance Co.
3.4. If the title to all or part of the
Premises to be conveyed is defective or unmerchantable, or if any
part of the real estate is subject to liens, encumbrances, ease-
ments, conditions or restrictions other than those excepted in
this Agreement, or in the event of any encroachment, Seller shall
have a reasonable time, not to exceed thirty ( 30 ) days, after
written notice thereof, within which to remedy or remove any such
defect, lien, encumbrance, condition, restriction or encroachment,
or obtain title insurance which does not except the defect, lien,
encumbrance, condition, restriction or encroachment from the in-
surance coverage.
3.5. In the event Seller is unable to procure
such title evidence through his reasonable efforts and the thirty
( 30) days elapse, BuyeI'"then may elect in writing to Seller within
a further ten (10) days to purchase the Premises according to this
Agreement or void this Agreement. If Buyer does nothing and the
ten (10) day period expires, this Agreement shall be deemed void.
3.6. Merchantability shall be determined in ac-
cordance with the Standards of Title Examination adopted by the,
Ohio State Bar Association.
Section 1- Taxes and Assessments.
4.1. ,. 'of the date 'of closing,
As Seller shall
pay or credit, at Buyer's option, on the purchase price all de-
linquent taxes, together with penalties and interest thereon, and
all special assessments that are a lien on the date of closing,
both current and reassessed and whether due or to become due.
Seller shall also pay or credit, at Buyer's option, on the pur-
chase price all unpaid real estate taxes not yet due for years
prior to the closing, prorated through the dat~ of closing. The
proration of undetermined taxes shall be based on a 365-day year
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and on the most recently available tax rate and valuation. Not-
withstanding the foregoing, it is the intention of the parties in
making the tax proration to allow to Buyer a credit as close in
amount as possible to the amount which Buyer will be required to
remit to the County Treasurer for the period of time through the
date of closing; and, to this end, the parties shall make a good
,r' faith effort to give effect to any applicable tax rollbacks,
homestead exemption,_ agricultural recoupment, recently voted
--:millage, .' change in ,__valuation ,and other _ ascertainable factors even
if such factors have not been officially certified by either the
Treasurer or the Auditor. The amounts so computed and adjusted
shall be final. Buyer will pay any agricultural recoupment taxes
or charges.
4.2. Except as hereinafter set forth, Seller
warrants that, to his knowledge, all assessments now a lien are
shown on the Treasurer's duplicate and that no improvements (site
or area) have been installed by public authority the cost of which
is to be assessed against the Premises in the future; and Seller
further warrants that he has not been notified of possible future
improvements by public ,authority, any part of the cost of which
would or might be assessed against the real estate.
4.3. Seller shall pay, through the date of
possession, all accrued water, sewer, street cleaning and any
other changes that are or may become a lien against the Real
Property and all utilities servicing the Real Property that are
not billed directly to the tenants, if any.
Section 1. Deed. Seller shall convey title in fee sim-
ple to the Premises to Buyer, or its nominee, by transferable and
recordable warranty deed free and clear of all liens and
encumbrances except those excepted in Section 3, above.
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Section~. Closing. This Agreement shal~ be performed
and this transaction shall be closed by oc:lcI?JF4 IS , 1991.
and the closing shall be held at such reasonable time and place i~
Franklin County, Ohio as Buyer shall designate.
Section 1. General Terms.
__ 7 .1. All warranties, representations and' cove-
nants contained shall survive the closing, and if the terms of
Seller's deed and of this Agreement are inconsistent, the provi-
sions of this Agreement shall control.
7.2. This Agreement shall be governed by the
laws of the State of Ohio.
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7 . 3 . Time is of the essence in all provisions
of this Agreement.
Section ~. Special Aqreements.
8.1. Seller shall furnish a full field survey at
,,,*,",,,,, least ten (10) days prior to closing. The survey shall be by a
competent, licensed surveyor of Buyer's choosing and shall be at
the Buyer's expense.- .~,The_survey shall show ,all boundary lines _and
all improvements, easements, rights of way, and encroachments and
overhangs, if any.
8.2. Buyer shall have the right to enter upon
___ the Premises both personally and through agents, employees and
independent contractors for the purpose of testing the soil and
underlying materials including the use of soil boring and percola-
tion testing. These tests, if any, shall be made wi thin thirty
(30) calendar days after the date of this Agreement. Buyer shall
place the Premises back in substantially the same condition as it
was before the testing unless modified in writing by the parties.
8.3. This Agreement is contingent upon Buyer
obtaining a Level I EPA study which is completely to the
satisfaction of Buyer, whether reasonable or unreasonable. All
expenses in connection with the study shall be borne by Buyer and
shall be furnished by an inspector of Buyer I s choosing. Buyer
will satisfy and remove this contingency in writing within 45 days
of the date of this Agreement or this Agreement is void.
THIS AGREEMENT TO BE ACCEPTED ON OR BEFORE SEPTEMBER
_ ~ ~S, 1991.
Offer made by: Accepted by:
SUBSIDIARY DEVELOPMENT CORP.
By .BY<&~~k' ~
Frank M. Weifel, nt :ti..
;:Jc/f7~7 6191 Cosgray Road l. zt}!4;
6666 offman Amlin, Ohio 43002
Dublin, Ohio 43017,
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Date c:::;~i7/KQ.l' ~~ lCZ~/ Date
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Buyer's attorney: Stephen J. Smith
Attorney at Law
Post Office Box 7
Hilliard, Ohio 43026-0007
(614) 876-1229
Seller's attorney: Gary W. Lyons
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--'. - .- DeLibera Lyons Daulton & Moore
336 South High Street
Columbus, Ohio 43215
(614) 228-1313
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CONSULTING ENGINEERS & SfRVEYORS
October 7, 1 991
..'1$f
Carlile, Patchen and Murphy
366 East Broad street
Columbus, Ohio 43215
Attention: Doreen M. Bretz
Dear Doreen:
The following are the descriptions of acreage parcels
located on the westerly side of Cosgray Road and being
northerly from Shier-Rings Road, which we recently surveyed as
per your request.
1.931 ACRES
Situated in the State of Ohio, County of Franklin, Township
of Washington, being located in Virginia Military Survey 6748
and being 1.931 acres of that 34.000 acre tract as conveyed to
Subsidiary Development Corp. by deed of record in Deed Book
3677, Page 668, all references being to records of the
Recorder's Office, Franklin County, Ohio and being more
particularly bounded and described as follows:
Beginning at Franklin County Monument Box 5534 at the
intersection of the centerlines of Shier-Rings Road and Cosgray
~ Road, said Monument Box also being in the southerly line of
said Virginia Military Survey 6748 and at the northeasterly
corner of a 17.00 foot wide strip, being a part of that 42.672
acre tract as conveyed to Washington Township Board of Trustees
by deed of record in Official Record 13527E12;
thence South 810 57' 19" West, along the northerly line of
said 17.00 foot strip, also being the southerly line of said
Virginia Military Survey 6748 (passing an iron pin set at 30.53
feet), a distance of 1022.23 feet to an iron pin found in a
southeasterly corner of said 42.672 acre tract;
thence North 70 02' 54" West, along the easterly line of
said 42.672 acre tract, a distance of 83.01 feet to an iron pin
set;
Continued.....
EVANS, MECHWART, HAMBLETON & TILTON, INC.
17ft MITT. '-TRF.F.T_ GA.HANNA. OHIO 43230614/471-5150 Telefax No. 614/471.9286
_~~__^'"~"_ ...__,0,_ _ "~,~',_ "'" ._,~..._-~'>'
Carlile, Patchen and Murphy October 7, 1 991
Attention: Doreen M. Bretz
- Page 2 -
thence North 81 0 57' 1 9" East, crossing said 34.000 acre
tract (passing an iron pin set at 974.61 feet) , a distance of
1005.14 feet to a railroad spike set in the centerline of
Cosgray Road;
p. thence South 180 43' 09" East, along the centerline of
Cosgray Road, a distance of 84.46 feet to the place of
beginning, containing 1.931 acres of land, more or less.
Subject, however, to all legal rights-of-way and/or
easements, if any, of previous record.
2.357 ACRES
Situated in the State of Ohio, County of Franklin, Township
of Washington, being located in Virginia Military Survey 6748
and being 2.357 acres of that 34.00 acres as conveyed to
Subsidiary Development Corp. by deed of record in Deed Book
3677, Page 668, all references being to records of the
Recorder1s office, Franklin County, Ohio and being more
particularly bounded and described as follows:
Beginning at a P.K. nail in the centerline of Cosgray Road
at the southeasterly corner of that 0.440 acre tract as
conveyed to William E. II and Sharon A. Downey by deed of
record in Official Record 12641B19, said P.K. nail being
located North 180 431 0911 West, 888.13 feet and North 160 331
5411 West, 843.03 feet from Franklin County Monument Box No.
5534;
thence South 160 331 5411 East, along the centerline of
Cosgray Road, a distance of 100.00 feet to a P.K. nail set;
.~
thence South 810 411 26" West, crossing said 34.00 acre
tract (passing an iron pin set at 30.31 feet), a distance of
719.74 feet to an iron pin set in the easterly line of that
42.672 acre tract as conveyed to Washington Township Board of
Trustees by deed of record in Official Record 13527E12;
thence North 70 021 54" West, along the easterly line of
said 42.672 acre tract, a distance of 100.29 feet to an iron
pin found at the southeasterly corner of that 8.600 acre tract,
Parcel 1 , Parcel IIAII as conveyed to Subsidiary Development
Corp. by deed of record in Deed Book 3677, Page 668, said iron
pin also being the northeasterly corner of said 42.672 acre
tract;
thence North 60 421 5511 West, along the easterly line of
said 8.600 acre tract, a distance of 69.71 feet to an iron pin
set at the southwesterly corner of IICosgray Park II as the same
is shown in Plat Book 50, Page 36;
Continued.....
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Carlile, Patchen and Murphy October 7, 1991
Attention: Doreen M. Bretz
- Page 3 -
thence North 81 0 16 ' 1311 East, along the southerly line of
said IICosgray Parkll, a distance of 458.73 feet to an iron pin
set at the northwesterly corner of said Downey's 0.440 acre
tract;
thence South 160 33' 5411 East, along the westerly line of
, said 0.440 acre tract, a distance of 88.50 feet to an iron pin
set in the center of the south fork of Indian Run Ditch at the
southwesterly corner of said 0.440 acre tract;
thence North 780 23' 4311 East, along the southerly line of
said 0.440 acre tract, a distance of 230.19 feet to the place
of beginning, containing 2.357 acres of land, more 0 less.
Subject, however, to all legal rights-of-way and/or
easements, if any, of previous record.
17.220 ACRES
Situated in the State of Ohio, County of Franklin, Township
of Washington, being located in Virginia Military Survey 6748
and being all of Parcel 1 , Parcel IIAII and Parcel 1 , Parcel liB II
as conveyed to Subsidiary Development Corp. by deed of record
in Deed Book 3677, Page 668, all references being to records of
the Recorder's Office, Franklin County, Ohio and being more
particularly bounded and described as follows:
Beginning at a concrete post at the northwesterly corner of
IICosgray Parkll as the same is shown of record in Plat Book 50,
Page 36, said post also being at the northeasterly corner of
Lot 7 of the subdivision of Joseph Cosgray's lands by his heirs
and also being in the southerly line of that 25.683 acre tract
as conveyed to The Uno-Ven Company, an Illinois General
-' Partnership, by deed of record in Official Record 14425J17;
thence South 70 11 ' 5211 East, along the westerly line of
said IICosgray Parkll, also being the easterly line of Lots 7 and
6 of said subdivision of Joseph Cosgray's lands, a distance of
624.70 feet to an iron pin set at the southwesterly corner of
said "Cosgray Parkll, said iron pin also being the northwesterly
corner of Parcel 1 , Parcel IICII, 34.000 acre tract as conveyed
to said Subsidiary Development Corp. by deed of record in Deed
Book 3677, Page 668;
thence South 60 42' 55" East, along the westerly iine of
said 34.00 acre tract, and continuing along the easterly line
of said Lot 6, a distance of 69.71 feet to an iron pin found at
the northeasterly corner of that 42.672 acre tract as conveyed
to Washington Township Board of Trustees by deed of record in
Official Record 13527E12, also being the southeasterly corner
of said Lot 6;
Continued.....
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Carlile, Patchen and Murphy October 7, 1 991
Attention: Doreen M. Bretz
- Page 4 -
thence South 820 01 ' 36" West, along the northerly line of
said 42.672 acre tract, also being the southerly line of said
Lot 6, a distance of 1080.83 feet to a found cornerstone in the
westerly line of said Virginia Military Survey 6748 at the
r northwesterly corner of said 42.672 acre tract, also being the
southwesterly corner of said Lot 6 and being in the easterly
line of that 158.000 acre tract as conveyed to Kathryn
McCulloch by deed of record in Deed Book 2169, Page 49;
thence North 70 09' 21" West, along the westerly line of
said Virginia Military Survey 6748, also being the westerly
line of said Lots 6 and 7 and the easterly line of said 158.000
acre tract, a distance of 693.34 feet to a found iron pin at
the southwesterly corner of said 25.683 acre tract conveyed to
The Uno-Ven Company, also being the northwesterly corner of
said Lot 7;
thence North 810 58' 13" East, along the southerly line of
said 25.683 acre tract, also being the northerly line of said
Lot 7, a distance of 1080.92 feet to the place of beginning,
containing 17.220 acres of land, more or less.
Subject, however, to all legal rights-of-way and/or
easements, if any, of previous record.
The bearings are based upon the same meridian in a bearing
system as those shown on the recorded plat of "Cosgray Park" in
Plat Book 50, Page 36, of the Recorder's Office, Franklin
County.
Respectfully submitted,
<""f"
EVANS, MECHWART, HAMBLETON & TILTON, INC.
~R.~
James R. Hill
Registered Surveyor No. 6919
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