CITY OF SALEM
RESOLUTION NO. 990302 - 25 INTRODUCED BY: MR. BEZEREDI
First Reading _______________
Second Reading _______________
Third Reading _______________
BEING A RESOLUTION RATIFYING THE CONVEYANCE OF CERTAIN INTERESTS IN REAL PROPERTY, SPECIFICALLY LOT #1 IN THE SALEM INDUSTRIAL PARK, FROM AMERICAN COMMERCIAL SUPPLY, INC., TO ROBERT R. HICKEY AND NANCY L. HICKEY, AND DECLARING AN EMERGENCY.
WHEREAS, the Council has previously transferred Lot #1 in the Salem Industrial Park to Meadowbrook Realty, Inc., by Ordinance No. 881220-117, subject to a reversionary clause in Section 7 of the Ordinance in the event that development of the lot did not occur within two years, and;
WHEREAS, Lot #1 was transferred on several occasions thereafter, without development of the lot and without the consent of the City of Salem, and;
WHEREAS, the transfer of Lot #1 to American Commercial Supply, Inc. was previously ratified by Council with the stipulation that development occur by December 31, 1998, or revert to the City; and
WHEREAS, the Council has considered the question of the need of the City for reversion of those lands formerly owned by it and involved in a conveyance from American Commercial Supply, Inc. to Robert and Nancy Hickey, on December 31, 1998, for development and other factors, and as a result of such consideration desires to ratify the sale of Lot #1 in the Salem industrial Park, otherwise hereinafter sometimes referred to as "the Premises", on the terms and conditions provided herein.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALEM, STATE OF OHIO:
SECTION 1:
That this Council of the City of Salem, Ohio hereby finds and determines that the use of the premises which will best promote the welfare of the people of the city of Salem, stabilize the economy, provide employment and assist in the development of industrial, commercial, distribution and research activities to the benefit of the people of the City and provide opportunities for their gainful employment is for industrial purposes.
SECTION 2:
It is hereby determined that the lands and interest in land referred to herein as "the Premises" were previously owned by the City of Salem for its purposes, and are subject to a reversionary clause under Section 7 of ordinance No. 881220-117. Such reversionary clause would cause the premises to revert to the City of Salem should the sale by, not be ratified and the time for development be extended.
SECTION 3:
It is hereby determined that the conveyance of fee simple title to the premises described in this
section by American Commercial Supply, Inc. to Robert and Nancy Hickey, on December 31,
1998, will promote the welfare of the people of the City of Salem, stabilize the economy, provide
employment, and assist in the development of industrial, commercial, distribution and research
development tot he benefit of the people of the City of Salem and will provide additional
opportunities for their gainful employment, "The Premises" being defined as following:
Situated in the Southwest Quarter of Section 25, City of Salem, Township of Perry, County of Columbiana, State of Ohio, and known as being Lot No. 1 in the Salem Industrial park as recorded in Plat Book 13 Page 25 of the Columbian County Records of Plats, and containing 2.116 acres of land but subject to all legal highways, easements and restriction of the Salem Industrial Park.
SECTION 4:
The City approves, confirms and ratifies the sale of the premises between American Commercial Supply, Inc. to Robert and Nancy Hickey. The date of transfer was the date of the deed, December 31, 1998.
SECTION 5:
Ratification of the sale of the premises is specifically contingent on the payment by the purchaser of all such costs as may be incurred by the City in connection with the transactions authorized by this Ordinance, including, but not limited to, costs of publication of this resolution.
SECTION 6:
That as further consideration and as a condition of the ratification of sale of the premises, that if the Grantees ROBERT R. HICKEY AND NANCY L. HICKEY do not develop the land and build an industrial building on the property within two (2) years after the date of the deed (December 31, 19998), then the property shall revert to the City of Salem and the City shall refund the original purchase price to ROBERT R. HICKEY AND NANCY L. HICKEY less the sum of $250.00 per acre.
SECTION 7:
The Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety and welfare of the City and for the further reason that it is necessary to create jobs and employment opportunities and to improve the economic welfare of the people of the City of Salem and it desires to take advantage of the opportunity now and offered to it to ratify the conveyance of the premises and grant certain additional interests in real property as will accomplish such purposes, wherefore this Resolution shall be in full force and effect from and immediately after its passage and approval aby the Mayor it f it shall receive the requisite vote of Council, otherwise it shall take effect and be in force from and after the earliest period allowed by law.