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2021-068 Ordinance
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2021-068 Ordinance
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11/22/2021 2:52:12 PM
Creation date
11/22/2021 2:45:14 PM
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North Olmsted Legislation
Legislation Number
2021-068
Legislation Date
11/16/2021
Year
2021
Legislation Title
Acquire ODOT Property
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portions; and by continuing to maintain and operate other portions of the Subject Properties as <br />a portion of an existing public multi -use path or as portions of City street rights of way; and <br />WHEREAS, Grantor and Grantee have agreed that Grantee's payment of $1.00 together <br />with its performance of the terms and conditions of this Agreement and those contained in the <br />Director's Deed by which title to the Subject Properties will be conveyed constitute the fair and <br />reasonable amount of consideration to be provided by Grantee for the conveyance of the Subject <br />Properties; and <br />WHEREAS, Grantor and Grantee have agreed that it is in the public interest that Grantor <br />sell and convey to Grantee the Subject Properties.. <br />Now THEREFORE, in consideration of the foregoing and the further consideration of the <br />promises, agreements and covenants hereinafter contained, Grantor and Grantee hereby contract <br />as follows: <br />1. Grantee will pay to Grantor the sum of Error! Reference source not found. at the time of <br />the consummation and closing of this Agreement. <br />2. Grantee will not under any circumstances advertise, or agree to sell or otherwise alienate <br />the Subject Properties, or any portion thereof, to any third party until after the Director's Deed <br />contemplated by this Agreement has been delivered to Grantee. If Grantee fails to abide with the <br />terms of this section, then, at its exclusive option, Grantor may cancel the within contemplated <br />sale and conveyance to Grantee. <br />3. All portions of the Subject Properties have been designated as exempt from real estate <br />taxes. However, should any real estate taxes, assessments or penalties be determined to be due and <br />payable on any portion of the Subject Properties as of the date of this Agreement, Grantee agrees <br />to assume and pay the same; and that Grantee will be solely responsible for any and all taxes, <br />assessments and penalties subsequently assessed and accrued. <br />4. Grantor, upon fulfillment of all the obligations and terms of this Agreement, will convey <br />the Subject Property to the Grantee. The conveyance instrument will be a Director's Deed (as <br />provided for in section 5501.45(E) of the Ohio Revised Code) that quit -claims all the rights, titles <br />and interests of the State of Ohio. Said Director's Deed will be delivered to Grantee at the time of <br />consummation and closing of this Agreement. <br />5. When Grantor acquired the following parcels of property it purchased total properties <br />that included both intended state highway right of way and excess land or uneconomic remnants <br />and to conveyance instrument incorporated the descriptions from the owner's last prior deed. <br />For purposes of conveying only those portions of these parcels that are excess land and to split <br />those from state highway right of way that will be retained, Grantee agrees to obtain at its <br />expense all necessary metes and bounds descriptions and survey or lot split plats or exhibits for <br />Page 3 of 9 <br />
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