029-01 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No 0043
Ordinance No ....................29.-01.............................. Passed
AN ORDINANCE AUTHORIZING THE PURCHASE OF A 1.37
ACRE, MORE OR LESS, TRACT OF LAND, FROM GARY
DETTY AND JULIA PHELPS, LOCATED NORTH OF POST
ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE
' OF OHIO AND CAUSE IT TO BE DEEDED TO KEVIN AND
TAMMY WADSWORTH, IN EXCHANGE FOR A COMBINED
0.97 ACRE, MORE OR LESS, TRACT OF LAND, FROM
KEVIN AND TAMMY WADSWORTH, LOCATED NORTH OF
POST ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN,
STATE OF OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, a goal of Dublin City Council is to continue to acquire land for parkland
purposes; and
WHEREAS, the City of Dublin and Kevin and Tammy Wadsworth ("Wadsworth")
desire to enter into a Land Swap Agreement to allow the City of Dublin to acquire
additional land for parkland purposes; and
WHEREAS, Wadsworth owns a 0.971 acre, more or less, parcel of land described in the
attached "Exhibit A" ("Wadsworth Property") located in the City of Dublin, State of
Ohio; and
WHEREAS, Garry Detty and Julia Phelps ("Detty/Phelps") own a 1.37 acre, more or
less, parcel of land described in the attached "Exhibit B" ("Detty/Phelps Property")
' located in the City of Dublin, State of Ohio; and
WHEREAS, the City of Dublin in recognition of the development restrictions on the
Wadsworth Property, finds that it is in the best interest of the City to purchase the
Detty/Phelps Property for $92,000 and cause it to be deeded to Wadsworth; and
WHEREAS, upon completion of the above real estate transfer, Wadsworth will deed
their interest in the Wadsworth property to the City of Dublin; and
WHEREAS, the City of Dublin and Wadsworth agree that no money shall exchange
hands for the exchange of land described above; and
NOW, THEREFORE, BE IT RESOLVED by Council of the City of Dublin, State
of Ohio, ~ of the members concurring that:
Section 1. The City Manager is hereby authorized to purchase the 1.37 acre parcel
of land described in the attached "Exhibit B" owned by Detty/Phelps to be deeded to
Wadsworth.
Section 2. There has been appropriated from the Parkland Acquisition Fund
Ninety Two Thousand Dollars ($92,000.00) to account 402-0210-780-2510, for the
purchase of acquiring the 1.37 acre tract of land and paying any related acquisition
costs.
Section 3: Council considers it necessary to exchange property with Wadsworth,
and the City Manager is authorized to execute the Land Swap Agreement and deliver
to Wadsworth all documents causing the conveyance of the Detty/Phelps Property
described in the attached "Exhibit B" to Wadsworth in exchange for the conveyance
by Wadsworth to the City of Dublin of their right in parcels of land described in the
attached "Exhibit A".
I
RECORD OF ORDINANCES
Dayton Leal Blank Co. Form No 0043
Ordinance No ..................29,-0.1................................. Passed Page..2............
Section 4. That this Ordinance be, and the same hereby is, declared to be an
emergency measure for the preservation of the public peace, health or welfare of the
r""~ residents of this City, and, therefore, this Ordinance shall take effect and be in force
immediately upon its passage.
Passed this ~ day of /l/t~2 i''~ , 2001.
!iL'
ayor -Presiding Officer
ATTEST:
~
Clerk of Council
P herr,lyv cn~t~{y f"l:;t rnc~es of tt~s Q,~~t:;~m~ce/Rnsoiutian »ere posted in the
City of Dub1~n in accordance witF~ Section 731.25 of the 4ryio Revised lode.
.2~~
-tferk Council, Dublin, Ohio
EXHIBIT "A"
Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military
Survey No. 2999, and being part of a 1.807 acre tract conveyed to E.J. & M.O. Segner in Official
Record 7544, GOS and all of a 0.079 acre tract conveyed to L.E. Segner, Trustee in Official
Record 27493, D 18, and being more particularly described as follows:
Beginning, for reference, at an iron pin found in the centerline of Post Road marking the
southwest corner of said 1.807 acre tract and the southeast corner of a 2.607 acre tract now owned
by C.T. & D.P. Cline (Official Record 0005, A05);
Thence North 03 deg. 24' 42" West 30.51 feet, along the west line of said 1.807 acre tract and the
east line of said 2.607 acre tract, to an iron pin set marking the PRINCIPAL PLACE OF
BEGINNING of the herein described tract;
Thence North 03 deg. 24' 42" West 160.23 feet, continuing along said west line of said 1.807 acre
tract and east line of said 2.607 acre tract to an iron pin found marking the northwest corner of
said 1.807 acre tract and in the south line of Reserve "A" of Hemingway Village West Sec. 2 as
shown in Plat Book 63, Page 38;
Thence North 74 deg. 28' 18" East 91.80 feet, along the north line of said 1.807 acre tract and the
south line of said Reserve "A" , to an iron pin found on the south bank of the South Fork of
Indian Run marking the northwest corner of said 0.079 acre tract;
Thence North 87 deg. 18' 18" East 98.15 feet, along the north line of said 0.079 acre tract and the
south line of said Reserve "A" and along the meandering of said South Fork of Indian Run, to an
iron pin marking the northeast corner of said 0.079 acre tract;
Thence North 82 deg. 34' 12" East 72.80 feet, along the north line of said 1.807 acre tract and the
south line of said Reserve "A" and along the meandering of said South Fork of Indian Run, to an
iron pin found;
Thence South 66 deg. 25' 48" East 5.90 feet, continuing along the north line of said 1.807 acre
tract and the south line of said Reserve "A" and along the meandering of said South Fork of
Indian Run, to an iron pin set;
Thence South 22 deg. 59' 48" West 252.24 feet, to an iron pin set on the north line of Post Road;
Thence along the arc of a curve to the left and along the north line of Post Road (Delta = 12 deg.
10' 26", Radius = 754.99 feet) whose long chord bears North 77 deg. 00' 20" West 160.12 feet to
the principal place of beginning, containing 0.971 acres, more or less, of which 0.893 acres is
from said 1.807 acre tract. Subject to all easements, restrictions and rights-of--way of record, if
any.
Basis of Bearings from Deed Book 3794, Page 155, based on the centerline of Post Road. All
Deed references are on file at the Franklin County Recorder's Office. All iron pins set capped
"PATRIDGE SURVEYING." A survey of the above-described tract was done by R.T. Patridge
and Associates in March, 1993.
EXHIBIT "
Situated in the State of Ohio, County of Franklin, Village of Dublin, being in the Virginia
Military Survey Numbers 3010 and 2999 and being part of a 198.750 acre tract conveyed
to John W. Kessler by Deed recorded in Deed Book 3710, Page 1, Recorder's Office,
Franklin County, Ohio and being more particularly bounded and described as follows:
Beginning for reference at a railroad spike at the centerline intersection of Post Road (60
` feet R/W) and Avery Road (60 feet R/W)
~r..
Thence N 87 deg. 48' 36" E. along the centerline of Post Road, a distance of 1591.81 feet
to an angle point;
Thence N 87 deg. 40' 46" E. continuing along the centerline of Post Road, a distance of
28.53 feet to a point, said point being the true point of beginning;
Thence N 2 deg. 19' 14" W. leaving the centerline of Post Road and crossing the said
198.750 acre tract, a distance of 375.00 feet to a point;
Thence S 76 deg. 9' 37" E. continuing across the said 198.750 acre tract a distance of
124.23 feet to a point, said point being in the westerly line of a 3.12 acre tract conveyed
to W.F. DRISCOLL by Deed of record in Deed Book 2130, Page 378, Recorder's Office,
Franklin County, Ohio;
Thence S 18 deg. 47' 45" E. along the westerly line of said 3.12 acre tract and an easterly
line of said 198.750 acre tract, a distance of 355.00 feet to an iron pin in the centerline of
Post Road;
Thence S 87 deg. 40' 46" W. along the centerline of Post Road a distance of 220.00 feet
to the true point of beginning, containing 1.373 acres, more or less, subject to all easements and
restrictions of record.