Ordinance 112-14RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
112 -14
Ordinance No. Passed 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
NECESSARY CONVEYANCE DOCUMENTATION TO ACQUIRE 2.04
ACRES, MORE OR LESS, FEE SIMPLE INTEREST FROM JANE M.
JACOBS AND THOMAS C. JACOBS, AND DECLARING AN EMERGENCY.
WHEREAS, Jane M. Jacobs is the owner of eight (8) contiguous parcels of property, being
Franklin County Parcel Nos. 273 - 008444, 273 - 008445, 273 - 008446, 273 - 008447, 273-
008448, 273 - 008460, 273 - 008458, and 273 - 008457, and Thomas C. Jacobs, husband of
Jane M. Jacobs is the owner of an additional adjacent parcel of property, being Franklin
County Parcel No. 273 - 008459, all nine (9) parcels consisting of a total of 2.04 acres, more
or less, located east of Riverside Drive, North of I -270 and adjacent to the Scioto River
(the "Property') a description of which is attached hereto as Exhibit "A "; and
WHEREAS, the Property is adjacent to an existing City park; thus the acquisition of
these parcels from the Jacobs will be held with the intent to expand the existing City
park; and
WHEREAS, the City agrees to purchase the Property described in Exhibit "A," and the
Jacobs agree to sell the Property to City pursuant to the terms of the Real Estate Purchase
Agreement ("REPA') attached hereto as Exhibit "B "; and
WHEREAS, the City and the Jacobs participated in good faith discussions and have come
to mutually agreeable terms for the acquisition of the necessary Property for One Hundred
Forty One Thousand One Hundred Twenty Three Dollars ($141,123), which represents
approximately the appraised value of Sixty Nine Thousand One Hundred Seventy Eight
Dollars ($69,178) per acre; and
WHEREAS, the City desires to execute necessary conveyance documentation to complete
the transaction between the City and the Jacobs.
NOW,�EFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute, in the name and on behalf
of the City, the REPA in substantially the form as attached Exhibit "B" and all necessary
conveyance documentation to acquire an approximate 2.04 acres, more or less, from Jane
M. Jacobs and Thomas C. Jacobs, for the sum of One Hundred Forty One Thousand One
Hundred Twenty Three Dollars ($141,123), said property interest located within Franklin
County Parcel Nos. 273 - 008444, 273 - 008445, 273 - 008446, 273 - 008447, 273 - 008448, 273-
008460, 273 - 008459, 273 - 008458, and 273 - 008457. The REPA is approved, together with
any changes or amendments that are not inconsistent with this Ordinance and not
substantially adverse to the City and that are approved by the City Manager on behalf of the
City, all of which shall be conclusively evidenced by the signing of the REPA or amendments
thereto.
Section 2. This Ordinance is declared to be an emergency necessary for the immediate
preservation of the public peace, health, safety or welfare, and for the further reason to
comply with the terms of the real estate purchase agreement. This Ordinance shall
therefore be effective upon passage.
Passed this Y day of 2014.
0 1 0---,Mayor - Presiding Officer
l ATTEST.
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council �` —
From: Marsha I. Grigsby, City Manager \
Date: November 13, 2014
Initiated By: Fred Hahn, Director of Parks & Open Space
Re: Ordinance 112 -14 - Jacobs Property Acquisition
Summary
Memo
Ordinance 12 -14 authorizes the City Manager to enter into a purchase agreement for
approximately 2.04 acres of property off of Woodland Drive, Dublin, Ohio from Jane M. Jacobs and
Thomas C. Jacobs. The agreed upon price is the appraised value of $69,178/ acre. This wooded
land mass, adjacent to existing Dublin parkland and a multi -use trail, will provide the community
additional open space as well as help preserve a desirable natural environment within Dublin.
The real estate purchase agreement contains language that reflects closing on 1.3 acres in 2014
with the remaining .74 acres to be purchased in 2015.
Recommendation
Staff believes this acquisition is consistent with Council's ongoing goal of providing the public with
convenient open spaces while preserving additional natural areas within the city. Staff
recommends approval of Ordinance 112 -14 by emergency action at the second reading /public
hearing on December 8, 2014 in order to comply with the provisions of the real estate purchase
agreement.
F.xbibit R
CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY
This Contract For Sale and Purchase of Real Property (this "Agreement ") is by and
between the between the CITY OF DUBLIN, Ohio, an Ohio municipal corporation (hereinafter
referred to as the "Purchaser "), having an office at 5200 Emerald Parkway, Dublin, Ohio 43017-
1006, and JANE M. JACOBS AND THOMAS C. JACOBS, husband and wife (hereinafter referred to as
"Sellers "), with an address of 4383 Forest Hill Rd., Powell, Ohio 43065. Purchaser and Sellers
are referred to individually herein as "Party" and collectively as "Parties."
Recitals
WHEREAS, the Sellers own nine (9) parcels; Franklin County, parcel nos. 273 - 008444,
273 - 008445, 273 - 008446, 273 - 008447, 273 - 008448, 273 - 008460, 273 - 008459, 273 - 008458, and
273 - 008457, and consisting of 2.04 acres, more or less, located east of Riverside Drive, Dublin,
Ohio, off of Woodland Drive and Forest Hill (the "Property");
WHEREAS, the Property is adjacent to an existing City park; thus the acquisition of
these parcels from the Sellers will be held with the intent to expand the existing City park, said
Property depicted in the attached Exhibit A; and
WHEREAS, Purchaser agrees to purchase the Property depicted in Exhibit A, and Sellers
agree to sell the Property to Purchaser pursuant to the terms set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, agreements, and
covenants herein contained, the Parties agree as follows:
Provisions
1. Price and Consideration
Purchaser shall pay to Sellers the sum of One Hundred Forty One Thousand One
Hundred Twenty Three Dollars ($141,123) which sum shall constitute the entire amount of
compensation due Sellers for: (a) the Property and (b) Seller's covenants set forth herein.
2. Deed to Transfer
Sellers, upon fulfillment of all the obligations and terms of this Agreement, shall sell and
convey to Purchaser, its successors and assigns, the property which is more particularly depicted
in Exhibit A. If the rights, titles and estates depicted in Exhibit A constitute the fee simple in, to
and of the real property, then such sale and conveyance by Sellers shall be by a good and
sufficient general warranty deed with, if applicable, full release of dower. In the event the rights,
titles, and estates depicted in Exhibit A constitute something less than the fee simple of the real
property, then such sale and conveyance by Sellers shall be by a good and sufficient deed or
other instrument regularly and ordinarily used to transfer such lesser rights, titles and estates
with, if applicable, full release of dower.
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3. Supplemental Instruments
Sellers agree to execute any and all supplemental instruments or documents necessary to
vest Purchaser with the rights, titles and interests depicted in Exhibit A.
4. Warranty of Title
Sellers shall, and hereby do, warrant that the property depicted in Exhibit A is free and
clear from all liens and encumbrances whatsoever, except: (a) easements, restrictions, conditions
and covenants of record; (b) all legal highways; (c) zoning and building laws, ordinances, rules
and regulations; and (d) any and all taxes and assessments not yet due and payable.
5. Elimination of Others' Interests
Sellers shall assist, in whatever manner reasonably possible under the circumstances, to
procure and deliver to Purchaser releases and cancellations of any and all other rights, titles and
interests in the property depicted in Exhibit A, such as, but not limited to, those belonging to
tenants, lessees, mortgagees or others now in possession or otherwise occupying the subject
premises, and all assessment claims against said property.
Sellers and Purchaser agree that if a mortgagee of Sellers or of a predecessor in title fails
to cooperate with the efforts to obtain a release of that mortgagee's mortgage lien secured by the
property depicted in Exhibit A, then and in that event this Agreement shall become null and void
and the parties to this Agreement shall be discharged and released from any and all obligations
created by this Agreement; for the purposes of this provision, the term "fails to cooperate" shall
include a demand or request by any such mortgagee for a fee to process such a release of that
mortgagee's mortgage lien that Purchaser, in its sole discretion, deems to be excessive. Sellers
shall cooperate with all pre- acquisition due diligence by the Purchaser.
6. No Change in Character of Property
Sellers shall not change the existing character of the land or alter, remove, destroy, or
change any improvement located on the property depicted in Exhibit A. If, prior to the date on
which possession of the subject property is surrendered to Purchaser, the subject property suffers
any damage, change, alteration, or destruction then, and without regard to the cause thereof,
Sellers shall restore the subject property to the condition it was in at the time Seller executed this
Agreement; in the alternative, Sellers may agree to accept the abovementioned purchase price
less the costs associated with such restoration. If the Sellers refuse to either restore the premises
or accept the decreased consideration as aforementioned, then Purchaser, at its option after
discovery or notification of such damage, change, alteration, or destruction, may terminate and
cancel this Agreement upon written notice to Sellers.
7. Offer to Sell
If Purchaser executes this Agreement prior to Sellers, then this Agreement shall
constitute and be an offer to purchase by Purchaser that shall remain open for acceptance by
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Sellers for a period of seven (7) days immediately subsequent to the date on which Purchaser
delivers such executed Agreement to Sellers. Upon Sellers' acceptance and execution of this
Agreement within said period of seven (7) days, this Agreement shall constitute and be a valid
Contract for Sale and Purchase of Real Property that is binding upon the Parties. This section is
still subject to the contingencies in paragraph 8 herein.
8. Closing Date
For Franklin County parcel numbers 273 - 008444, 273 - 008445, 273 - 008446, 273 - 008447,
and 273 - 008448, the consummation and closing of this Agreement shall occur at such time and
place as the Parties may agree, but no later than thirty (30) days after the execution of this
Agreement, unless otherwise agreed to by the Parties.
For Franklin County parcel numbers 273 - 008460, 273 - 008459, 273 - 008458, and 273-
008457, the consummation and closing of this Agreement shall occur at such time and place as
the Parties may agree, but shall occur in calendar year 2015, unless otherwise agreed to by the
Parties
9. Condition Precedent to City's Obligation to Close; City Council Approval
Purchaser's obligation to consummate the transaction contemplated by this Agreement is
subject to, and contingent upon Purchaser obtaining the approval of its City Council. If
Purchaser has not obtained such City Council approval by such time as is required to
consummate this Agreement, this Agreement shall automatically terminate, and neither party
shall thereafter have any further rights, duties, or obligations hereunder.
10. Binding Agreement
Any and all of the terms, conditions, and provisions of this Agreement shall be binding
upon and shall inure to the benefit of Sellers and Purchaser and their respective heirs, executors,
administrators, successors and assigns.
11. Multiple Originals
This Agreement may be executed in two or more counterparts, each of which will be
deemed an original, but all of which together shall constitute but one and the same instrument.
12. Entire Agreement
This instrument contains the entire agreement between the Parties, and it is expressly
understood and agreed that no promises, provisions, terms, warranties, conditions or obligations
whatsoever, either expressed or implied, other than herein set forth, shall be binding upon either
Sellers or Purchaser.
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13. Amendments and Modifications
No amendment or modification of this Agreement shall be valid or binding upon the
Parties unless it is made in writing, cites this Agreement and is signed by Sellers and Purchaser.
14. Governing Law
This Agreement shall be governed by the laws of the State of Ohio, and the venue for any
claim relating to said Agreement shall be an applicable Court in Franklin County, Ohio.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the
date(s) indicated immediately below their respective signatures.
PURCHASER
THE CITY OF DUBLIN, OHIO
AN OHIO MUNICIPAL CORPORATION
Marsha I. Grigsby, City Manager
STATE OF OHIO
COUNTY OF
. ss.
BE IT REMEMBERED, that on this _ day of , 2014, before me, the
subscriber, a Notary Public in and for said state, personally appeared MARSHA I. GRIGSBY, City
Manager of the City of Dublin, Ohio, an Ohio municipal corporation, the Purchaser in the
foregoing Agreement, and acknowledged the signing thereof to be his/her voluntary act and deed
for and on behalf of the City of Dublin, Ohio.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official seal on the day and year last aforesaid.
Notary Public
(Sellers' signatures and acknowledgement on the following page)
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SELLERS
STATE OF OHIO
COUNTY OF
JANE M. JACOBS, WIFE
THOMAS C. JACOBS, HUSBAND
ss.
BE IT REMEMBERED, that on this day of , 2014, before me, the
subscriber, a Notary Public in and for said state, personally appeared JANE M. JACOBS AND
THOMAS C. JACOBS, wife and husband, the Sellers in the foregoing Agreement, and
acknowledged the signing thereof to be their voluntary act and deed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official seal on the day and year last aforesaid.
Notary Public
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