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HomeMy WebLinkAbout41-05 Ordinance RECORD OF ORDINANCES Dayton_L~al Blank_Inc. Form No. 30043 Ordinance No. 41-OS Passed . 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE AGREEMENT WITH WASHINGTON TOWNSHIP AND JEROME TOWNSHIP FOR FIRE - PREVENTION, SUPPRESSION AND PROTECTION SERVICES AND EMERGENCY MEDICAL SERVICES. WHEREAS, the City of Dublin in the future may from time to time accept the annexations of tracts of real property that are now located within the unincorporated boundaries of Jerome Township; and WHEREAS, the City of Dublin has been involved in negotiations with Jerome Township and Washington Township for providing fire prevention, suppression, and protection services and emergency medical services to annexed real property from within Jerome Township to the City of Dublin's corporate limits; and WHEREAS, the Parties have reached an agreement, which Service Agreement is attached hereto and incorporated by reference (herein "Agreement"), to resolve the issue of providing fire prevention, suppression, and protection services and emergency medical services to annexed real property from within Jerome Township to the City of Dublin's corporate limits; and WHEREAS, the Parties desire to execute the Service Agreement. NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, of the elected members concumng that: Section 1. The Service Agreement attached hereto and incorporated herein setting forth the manner in which fire prevention, suppression and protection services and emergency medical services shall be provided to annexed real property from within Jerome Township to the City of Dublin's corporate limits that is set forth in the Service Agreement is hereby approved. Section 2. The City Manager is hereby authorized to execute the Service Agreement attached hereto and incorporated herein and to take all acts necessary and appropriate to implement all of the terms of the Service Agreement including the execution of all necessary documents. Section 3. This Ordinance shall be effective on the earliest date provided by law. Passed this day of , 2005. --~e~-,J Mayor -Presiding Officer ATTEST: Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. D ty Clerk of Council, Dublin, Ohio MEMORANDUM TO: Dublin City Council and Jane Brautigam, City Manager FROM: Stephen J. Smith, Law Director DATE: August 10, 2005 RE: Washington Jerome Dublin Contract for Fire and EMS Services -Ord. 41-05 At the direction of Council, legal staff was asked to review two provisions in the proposed Agreement, one involving finances, the other protocol. As to the protocol issue, staff confirmed with the Fire Chief that the protocol provisions are both proper and address all of the needs of the Fire Department. The provision on Workman's Compensation is duplicitous, however it has no negative impact on the financial agreement. The payment for services provision is on a cost only basis. Under separate cover we have attached a memorandum on the "Community Authority" for your review. Staff is recommending approval of this Ordinance. jH0577890.1 } TO: Jane Brautigam, Dublin City Manager Dublin City Council FROM: Stephen J. Smith, Law Director DATE: August 10, 2005 RE: Community Authority Per your request you will find enclosed a brief synopsis of the issues involved in the use of a "Community Authority". This synopsis was furnished by our Bond Counsel in order to address those issues raised at our last meeting. {H0577832.1 ~ NEW COMMUNITY AUTHORITIES A. Purpose -New Community Authorities may be organized to encourage the orderly development of well-planned, diversified and economically sound new community. B. What is a New Community Authority? 1. Anew community authority is a separate public body corporate and politic of the State, with its own powers and is governed by a Board of Trustees. It oversees development of the new community district including "land development" and "community facilities". 2. "Land Development" includes -process of clearing land, installing utilities, roadway improvements and other similar public infrastructure. 3. "Community Facilities" includes -all real property, buildings, structures, equipment, furnishings, etc. for the purpose of public buildings, auditoriums, day care centers, recreation halls, natural resource facilities, educational facilities, etc. C. How is a New Community Authority Created? 1. Developer that "owns and controls" the land prepares and files a Petition to create a new community authority district. 2. The Petition is approved by the "proximate city" -the largest city in the County. 3. The Petition is filed with the Board of County Commissioners (usually - sometimes a city) and must address the following: a. Name of the Authority. b. Address. c. Map and description of land included which is "owned or controlled" by the Developer. d. Statement of current/proposed zoning. e. Current plan of development. £ Suggested number of members of Board of Trustees -From 7 to 13. g. Preliminary economic feasibility analysis, incl. provision of public services. h. Statement that development will comply with environmental laws. 4. Commissioners (or city council) must determine whether the form of the Petition is sufficient in accordance with the Ohio Revised Code and if so, must accept the Petition and set a date for a public hearing on the creation of the Authority. 5. Following the public hearing, the Commissioners must determine whether the Authority will be conducive to the public health, safety, convenience or welfare and will result in the intended development. 6. Process can take 6 months. D. Appointment of the Board of Trustees. 1. From 7 to 13 members per petition. 2. Commissioners appoint three (not more than six) plus a local government representative, and the Developer appoints three (not more than six). Continue as appointed positions tmtil the population of the Authority reaches a certain level. 3. Once the population of the Authority reaches a certain level, the members of the Board of Trustees are elected by residents of the Authority. 4. Appointed citizen members maybe removed by the Board for malfeasance or nonfeasance. 5. Members must post a bond. 6. Ethics law protections for Developer appointees only. E. Powers of a New Community Authority. 1. A New Community Authority has no power over zoning, provision of police or fire protection or, unless such services cannot be obtained from another political subdivision, water supply or sewage .treatment of disposal. 2. A New Community Authority has power to: a. Purchase reaUpersonal property. b. Improve/sell real/personal property. c. Collect service fees to cover community development program. d. Employ staff. e. Sue and be sued. f. Enter into contracts, including with private parties and other public bodies. g. Procure goods and services and enter into construction contracts, with or without competitive bidding. h. Issue debt (see below) and pay costs of operation and maintenance of community facilities. i. Enforce collection of Community Development Charge. j. Appropriate land, easements, rights within the community authority. F. Community Development Charge. 1. Runs with the land byway of a declaration. 2. May be based on assessed valuation, area or income/profits. 3. Not a property tax. 4. Proceeds of community development charge maybe used to pay: a. Debt service on bond issue to pay costs of "land development" and "community facilities"; or b. Costs of operating and maintaining community facilities. G. Issuance of Bonds. 1. For Community Authority purposes. 2. Payable from Charge or other "income sources". 3. Not a debt of the County (City) or any other subdivision H. Dissolution of the Authority. 1. Assuming no debt outstanding. 2. Petition filed with board (8% of electors). 3. Board determines mission of community authority is complete. 4. Election held to dissolve authority (passed by majority). 5. If approved, property of Authority vests in overlapping municipal corporation or the County. June 7, 2005 Central Ohio New Community Authorities New Albany Community Authority. The New Albany Community Authority consists of much of the New Albany area. The Authority has provided more than $35 million of bond. financing for a new high school, roadway improvements and a new fire truck. Bond repayment is funded by a uniform community development charge levied on a millage basis. This charged commenced in 1995 at 9.75 mills and has since been reduced to approximately 7 mills. RiverSouth Authority. The RiverSouth Authority consists of the former Lazarus building in downtown Columbus -a-- - as well as several parcels to the southwest of that building. The Authority has issued approximately $38 million worth of bonds that have provided funding for the renovation of the former Lazarus building. Bond repayment is funded by lease-rental payments made by the City of Columbus. Columbus Pay-As-We-Grow Community Authorities. Columbus is currently proposing to create two or more new community authorities to support its Pay-As-We-Grow initiative. The proposed authorities are located in the northeast and northwest development corridors of the City and will feature a uniform community development charge of 4 mills lasting for 20 years on each parcel. The proceeds of this charge will support various public services and facilities. Millstone Community Authority. The proposed Millstone Community Authority is expected to consist of approximately 136 acres located to the south of the Maxtown Road/Spring Road intersection in Westerville. The proposed uniform community development charge is expected to be 5 mills and last for 30 years on each parcel. The proceeds from this charge will be paid to the Westerville City Schools. Newark/Granville Community Authority. The Newark/Granville Community Authority is located in the City of Newark. The Authority levies an annual uniform community development charge in the amount of the greater of $455 or 5.2 mills on each parcel for 20 years. The proceeds of the charge are paid to the Granville School District. Pinnacle Community Infrastructure Financing Authority. The Pinnacle Community Infrastructure Financing Authority is located in the City of Grove City, just southeast of the I-71/Stringtown Road interchange. The Authority has issued approximately $15 million worth of bonds to provide funding for various infrastructure projects within the Authority, including roadway and stormwater drainage improvements. Bond repayment is funded by a uniform community development charge allocated based on acreage. Liberty Community Infrastructure Financing Authority. The Liberty Community Infrastructure Financing Authority is located between Home Road and Seldom Seen Road in Liberty Township, Delaware County, Ohio. The Authority issued approximately $7.35 million worth of bonds to fund land acquisition, roadway improvements and stormwater drainage improvements for the Authority area. Bond repayment is funded by a uniform community development charge based on millage in the approximate amount of 8.75 mills. Powell Community Infrastructure Financing Authority. The Powell Community Infrastructure Financing Authority is located in the Village of Powell near the Powell RoadlOld Sawmill Road intersection. A proposed uniform community development charge of approximately 10.25 mills will be levied to pay debt service on bonds issued to fund roadway, sewer and water improvements supporting the Authority area. Gahanna Schools Community Authority. The Gahanna Schools Community Authority is expected to consist of two housing developments in the East Broad Street development corridor. The proposed uniform community development charge is expected to be 2 mills and last for 30 years on each parcel. The proceeds from this charge will be paid to the Gahanna-Jefferson School District. SCHOTTENSTEIN ZOX & D U N N Ct,,LPA MEMORANDUM TO: Dublin City Council Jane S. Brautigam FROM: Stephen J. Smith, Law Director DATE: July 28, 2005 RE: Ordinance No. 41-OS SUMMARY: Upon direction of City Council, the City has negotiated with Jerome Township and Washington Township for fire and emergency medical services to be provided to annexed property from Jerome Township to City of Dublin. All parties have agreed to the language incorporated into the Service Agreement attached to Ordinance No. 41-05. Ordinance No. 41-OS has been submitted to Council for approval authorizing the City Manager to execute a Service Agreement with Jerome Township and Washington Township. RECOMMENDATION: Legal Staff recommends approval of Ordinance No. 41-05. v-SZD.com Columbus Cleveland Cincinnati (H0572615. I I 250 West Street, Columbus, Ohio 43215-2538 ~ P.O. Box 165020, Columbus, Ohio 43216-5020 I voice: 614-462-2700 I Fax: 614-462-5135 ~SCHOTTENSTEIN ~~G o ZOX & D U N N C~.,~PA ~ / ~ I~ ` JENNIFER D. READLER 614/462-5027 E-MAIL: 1READLER~a,SZD.COM November 16, 2005 VIA OVERNIGHT MAIL ' Rebecca C. Princehorn Bricker & Eckler LLP 100 S. Third St. Columbus, OH 43215-4291 ~ Robert Caldwell, Clerk ~ ~ Jerome Township Board of Trustees ~~`~f 9777 Industrial Parkway Plain City, Ohio 43064 L Dear Ms. Princehorn and Mr. Caldwell: Please find enclosed one (1) original, fully-executed Service Agreement between the City of Dublin, Washington Township and Jerome Township for fire and emergency medical services for your records. We appreciate your assistance in finalizing this process. Please do not hesitate to contact me if you have any questions. Ver truly our Je ' er D. eadler Dublin Assistant Law Director vv ZD.com Columbus Cleveland Cincinnati cc: Jane Brautigam, Dublin City Manager (w/enclosure) Marsha Grigsby, Dublin Finance Director (w/enclosure) Glen Dugger and Aaron Underhill, Smith & Hale (w/enclosure) {H0613861.1) 250 West Street, Columbus, Ohio 43215-2538 I P.O. Box 165020, Columbus, Ohio 43216-5020 I voice: 614-462-2700 ~ Fax: 614-462-5135 SERVICE AGREEMENT This Service Agreement ("Agreement") is made and entered into this ~ 'day of cN,~ r , 2005, by and between the City of Dublin, Ohio, a Charter City in the State of Ohio whose principal mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017 ("Dublin"), the Township of Washington, Franklin County, Ohio, a township organized under the laws of the State of Ohio with its main offices located at 5965 Wilcox Place, Suite B, Dublin, Ohio 43016 ("Washington Township"), and the Township of Jerome, Union County, Ohio, a township organized under the laws of the State of Ohio with its main offices located at 9777 Industrial Parkway, Plain City. Ohio 43064 ("Jerome Township"). WITNESSETH: WHEREAS, Dublin is a municipal corporation that in the future may from time-to-time accept the annexations of tracts of real property that are now located within the unincorporated boundaries of Jerome Township (the "Future Annexed Properties") under the special procedure for annexing land into a municipal corporation set forth in Ohio Revised Code Section 709.023 ("Expedited Type II Annexation"); and WHEREAS, Dublin has accepted or will accept the Expedited Type II Annexation of certain real property which is located within the boundaries of Jerome Township northwest of the intersection of McKitrick Road and Jerome Road, and which is more particularly described and depicted in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, under an 1-:xpedited Type II Annexation, real property that is annexed to a municipal corporation from a township is not to be excluded from the township under Ohio Revised Code Section 503.07 absent an agreement to the contrary which is executed by both the municipality and the township; and WHEREAS, the annexation of the Property or any Future Annexed Properties to Dublin under the procedure known as an Expedited Type II Annexation will not exclude the Property or any Future Annexed Properties from Jerome Township and Jerome Township shall continue to collect taxes from the Property and any Future Annexed Properties in the same manner as it did prior to the annexation; and WHEREAS, Dublin intends to require as a condition of Annexation of the Property and all Future Annexed Properties that the owners of such properties consent to the inclusion of such properties within a New Community Authority (the "Authority" herein) or other similar legally enforceable assessment district to enable such properties to pay the costs of services provided herein, and WHEREAS, Dublin has a history of providing uniform governmental services to its residents, including the provision of adequate fire prevention, suppression, and protection services ("Fire Services") and emergency medical services ("EMS") (the Fire Services and FMS together shall generally hereinafter be referred to as the "Services"); and WHEREAS, while the provision of Fire Services and EMS to real property located within its boundaries is the responsibility of Jerome Township prior to the completion of an annexation, {HOSE 1021.1 }1 the parties desire that, following the Expedited Type II Annexation of any Future Annexed Properties and/or the Property to Dublin, Jerome Township shall be relieved of its prior obligation to be the first responder to calls for Fire Services and EMS and Washington Township shall provide these Services to the Future Annexed Properties and/or the Property in the same manner as it provides the Services to other properties within Dublin's jurisdiction; and WHEREAS, Ohio Revised Code Sections 9.60 and 737.21 authorize contracts between municipal corporations and townships for the provision of fire protection and emergency services; and WHEREAS, Washington Township is able to furnish both any Future Annexed Properties and the Property with the Services and Jerome Township desires to give its consent to such an arrangement; and WHEREAS, Dublin, Washington Township, and Jerome Township desire to enter this Agreement to set forth the terms and conditions under which Washington Township will provide the Services to the Future Annexed Properties and the Property; and W REAS, the Dublin City Council, by Ordinance No. T passed 2005, authorized the City Manager to enter into and execute this Agree ent with Washington Township and Jerome Township in order to procure the benefit of the Services for the Property; and HEREAS, the Washington Township Trustees, by Resolution No. - passed o~ , 2005, authorized the Washington Township Fire Chief to enter into and execute this Agreement with Dublin and Jerome Township to permit Washington Township to provide the Services to the Property; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound, the parties hereby agree as follows: 1. Provision of Services: Upon annexation to Dublin of any Future Annexed Properties and/or the Property under the procedure known as an Expedited Type II Annexation, Washington Township shall furnish to the Future Annexed Properties and the Property, as the case may be, the facilities, personnel, and equipment of its Fire Department for the purpose of providing the Services, which shall include, without limitation: a. Furnishing fire prevention services in the same manner as are provided for Washington Township, including enforcement of the fire prevention code of Washington Township; investigation and inspection of the causes, circumstances, and origins of all fires occurring on the Future Annexed Property and the Property; inspection of buildings for fire hazards; implementing the necessary procedures to cause the elimination of fire hazards; and issuing permits in accordance with the aforementioned fire prevention code. Fees associated with permits requiring additional services from the Washington Township Fire Department shall be entered into Washington Township's treasury. ~HOSRll)21.1 )2 b. Furnishing fire suppression services to the Future Annexed Property and the Property by answering all fire calls for fires occurring thereon and sending fire apparatus and fire fighters thereto for the purpose of extinguishing fires in said area in the same manner as fire calls are answered and fires are extinguished in Washington Township. c. Responding to all calls for emergency medical services for medical emergencies occurring on the Future Annexed Property and/or the Property, including, but not limited to, emergency victim care, transportation of the victim from the scene of an emergency to a medical care facility, and all other emergency medical services in the same manner as are furnished to the residents of Washington Township. d. The reporting by fire personnel of violations of the laws of the State of Ohio or ordinances of the City of Dublin, discovered by them in the course of performance of their duties on the Future Annexed property and/or the Property, for disposition according to law. e. Both the Fire Services and the EMS shall be available twenty-four (24) hours a day, seven (7) days a week. 2. First Responder: The parties hereby agree that when a fire or emergency event occurs which requires the provision of any of the Services on the Property or any Future Annexed Properties, Washington Township shall be required to be the first responder. When a request for Services is made to Dublin, Washington "Township, or Jerome Township regarding a fire or emergency situation on the Property or any Future Annexed Property, the party receiving such a request shall immediately dispatch the Washington Township Fire Department to respond. Should the Washington Township Fire Department be unable to respond promptly, it shall arrange for provision of the Services to the Property or any Future Annexed Property by utilizing the same procedures and protocol as are employed throughout the City of Dublin in similar circumstances. 3. Additional Obli atg ions: In accordance with the above obligations, Dublin and Washington Township also shall have the following obligations: a. The officers and personnel of the Washington Township Fire Department, while in performance of their duties with respect to the Property or any Future Annexed Property, shall have the powers vested in firemen generally by the statutes and laws of the State of Ohio including, but not limited to, those powers and protection enumerated in Sections 1301:7-1-03(A) and 1301:7-1-03(1) of the Ohio Administrative Code; Section 3737.80 of the Ohio Revised Code; and Chapter 2744 of the Ohio Revised Code. For purposes of these powers, the Fire Chief of the Washington Township Fire Department shall be considered the Fire Chief of the City of Dublin only with respect to the Property and the Future Annexed Properties. b. Dublin shall maintain a fire code as recommended by the Washington Township Fire Department. c. Washington Township shall inspect the fire hydrants located on the Property and the Future Annexed Properties and shall notify the Dublin City Manager if repairs and/or replacements are needed. {H058102LI }3 d. Dublin shall require as a condition of Annexation of the Property and all Future Annexed Properties that the owners of such properties consent to the inclusion of such properties, within an Authority or other similar assessment district. 4. Payment for Services: As consideration for the provision of the Services to be provided by Washington Township under this Agreement, in each year of this Agreement Dublin shall, directly or indirectly, cause the funds collected by the Authority to be transmitted to Washington Township. It is the intention of all parties to this Agreement that all costs for Services provided by Washington Township provided herein shall be the obligation of the Authority and not the City of Dublin. 5. Term: The terms, conditions, and provisions of this Agreement shall take effect as of the date written above and shall remain in full force and effect unless otherwise terminated or determined to be invalid or unenforceable by a court of competent jurisdiction. Any party to this Agreement may elect to terminate the Agreement, upon written notice to the other parties hereto, in the event that a material change is made to Ohio law regarding Expedited Type II Annexations as set forth in Ohio Revised Code Section 709.023. In the event of breach of this Agreement, the non- breaching party shall have all rights and remedies available at law or in equity to enforce this Agreement. In the event of termination by mutual agreement of the parties, the invalidation or termination of this Agreement by a court of competent jurisdiction, or the termination of this Agreement at the election of one of the parties in the circumstances set forth herein, the provisions of ORC Section 505.37 shall apply. 6. Assi nment: None of the parties hereto may assign the benefits of this Agreement, or delegate its obligations hereunder, to any person or entity without the express prior written consent of the other parties. 7. Approvals: The obligations and commitments made herein by Dublin, Washington Township, and Jerome Township shall be effective and enforceable upon the approval of all necessary legislation and/or motions by the Dublin City Council, the Washington Township Board of Trustees, and the Jerome Township Board of Trustees, as the case may be, and the expiration of all referendum periods applicable thereto. 8. Amendment: This Agreement may be amended, modified, or changed only by a written document properly executed by all of the parties hereto. 9. Applicable Law: This Agreement shall be governed by, construed, and interpreted in accordance with the laws of the State of Ohio and the United States. 10. No Waiver: No delay or failure on the part of any party hereto in exercising any right, power, or privilege under this Agreement or any other instruments given in connection with or pursuant to this Agreement shall impair any such right, power, or privilege or be construed as a waiver of any default or acquiescence therein. No single or partial exercise of such right, power, or privilege shall preclude the further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege. iHOSB~oz~ ~ }4 11. Severability: If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable. 12. Entire Agreement: This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supercedes all prior negotiations, discussions, undertakings, and agreements between the parties. 13. Consent of Jerome Township: Jerome Township is a party to this Agreement for the purpose of consenting to the terms hereof and agreeing that its duty to provide fire protection and emergency medical services following the future annexation of any real property located within its boundaries to Dublin under the procedure known as an Expedited Type II Annexation shall be altered under the terms of this Agreement. IN WITNESS WHEREOF, the City of Dublin, the Township of Washington, and the Township of Jerome have set their hands by their authorized representatives the day and year first written above. ~'ity of Dublin Tow ship of ashingto Jane Brautigam, City N~~nager oo, Fire Chief Approved. form: ~ Approved as to form: Stephen J. Smith Rebecca C. Princehorn Law Director, City of Dublin Legal Counsel to Washington Township (additional signature page to follow) {H0581021.1 }S Towns of Jerome Bye-.~~ Sharon Sue Wolfe, ruste Freeman E. May, Trustee G j~ By: Ronald L. Rhodes, Trustee F:Docs\DublinWashTwpFire(3).agr (ncp 6/22/05) ~H058102 16 T-12-Ob; 8:46AM; SmI[h entl Ha IC ;6/42214409 1t B/ 9 EXHIBIT ANNEXATION P e,E (0 2 8Z.3 ACRES TO: CITY OF DUBLIN FROM: JEROMETOWNSHIP SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, TOWNSI~ OF JEROME, VIRGINIA MILITARY SURVEY NUMBERS 2991, 2925, dt 3014 AND BEING ALL OF TIiOSE TRACTS AS CONVEYED TO SUBURBAN IlvIPROVEMENT OF COLUMBUS INC. BY DEED OF RECORD IN OFFICIAL RECORD 575, PAGE I25, 57.325 ACRES (P.M 137-00-00-005.000; P.A. 17-0014026.000) ANA 5.002 ACRES (P.M. 137-00-00-035.000, P.A. 17-0014063.000), OFFICIAL RECORD 589, PAGE 56, 4.0 ACRES (PM. 13?-00-00-005.001, PA. 17-0014026.100), CHEISTOFF P. AND SANDRA STEUERWALD, BY DEED OF RECORD IN OFFICIAL RECORD 509, PAGE 114, 5.0 ACRES (PM. 137-00-00-031.000, P.A. 17-0014027.000}, AND A PORTION OF MCKTfRICK ROAD AND 7EROME ROAD (ALL REFERENCES REFER TO TFIE RECORDS OF THE RECORDER'S OFFICE, UNION r COUNTY, OHIO} AND DESCRIBED AS FOLLOWS: BEGINNII~IG AT A POINT IN THE EXLS'TTNG CfTY OF DUBLIN CORPORATION LINE AS ESTABLISHED BY RESOLUTION N0.71-02 AND OF RECORD IN COMMISSIONERS JOURNAL 44, PAGE 386, BEING AT THE NORTHWESTERLY CORNER OF THE SUBURBAN IMPROVEMENT OF COLUMBUS INC. 57.325 ACRES; THENCE EASTERLY, WITH SAID CORPORATION LINE, AND BEING THE NORTHERLY LINES OF SAID SUBURBAN IMPROVEMENT OF COLUMBUS INC. 57.325 AND 4.0 ACRES, AND SOUTHERLY LINES OF ANNA IAMES 27.2 ACRES, OFFICIAL RECORD 372, PAGE 219 AND JON C. SHOEMAKER 27.2 ACRES, OFFICIAL RECORD 372, PAGE 216, A DISTANCE OF APPROXIMATELY 2225 FEET TO A POINT IN THE WESTERLY RIGHT-OF-WAY OF JEROME ROAD; THENCE NORTHERLY, WITH SAID WESTERLY RIGHT-OF-WAY LINE, AND PORTIONS OF SAID EXISTING CORPORATION LINE (71-02), A DISTANCE OF APPROXIMATELY 2741 FEET TO THE INTEERSECTION OF SAID WESTERLY RIGHT-OF-WAY LINE AND THE SOUTHERLY RIGHT-0F-WAY LINE OF BAOCK ROAD; , THENCE EASTERLY, ACROSS JEROME ROAD, A DISTANCE OF ApPRO?OMATELY 60 FEET TO A POINT IN THE EASTERLY RIGHT-0F-WAY LINE OF SAID JEROME ROAD; THENCE WTTFI SAID EASTERLX RIGHT-OF-WAY LINE OF JEROME ROAD, THE FOLLOWING COURSES: SOUTHERLY, A DISTANCE OF APPROXIMATELY 1009 FEET TO A POINT; EASTERLY, A DISTANCE OF APPROXIMATELY 10-FEET TO A POINT; SOUTHERLY, A DISTANCE OF APPROXIMATELY 785 FEET TO A POINT; WESTERLY, A DISTANCE OF APPROXIMATELY 10 FEET TO A POINT; SOUTI~RI,Y, A DISTANCE OF APPROXMATELY 650 FEET TO A POINT; EASTERLY, A DISTANCE OF APPROXIMATELY 10 FEET TO A POINT; . SOUTHERLY, A DISTANCE OF. APPROXIMATELY 1288 FEET TO A POINT; WESTERLY, A DISTANCE OF APPROXIMATELY 10 FEET TO A POIN'T'; SOUTHERLY, A DISTANCE OF APPROXIMATELY 519 FEET TO AN ANGLE POINT IN SAID EASTERLYRIGHT-OF-WAY I~TNE; SOUTHEASTERLY, A DISTANCE OF APPROXIMATELY 1168 FEET TO A POINT IN THE UNION AND DELAWARE COUNTY LINE; THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 50 FEET, WITH SAID COUNTX LINE, TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF JEROME ROAD; THENCE NORTHWBSTERLY, WITH SAID WESTERLY RIGHT OF-WAY LINE OF JEROME ROAD, A DISTANCE OF APPROXIMATELY 1212 FEET TO THE INTERSECTION OF SAID 7-T2-05: B:46AM: SII1ISh entl He IC :61422/4409 Y 9/ 9 EXHfBfT ANNEXATION 82.3 ACRES -2- E of WESTERLY RIGHT-0F-WAY LINE AND THB SOUTHERLY RIGHT-OF-WAY LINE OF MCKITRICK ROAD; THENCE WESTERLY, WITH SAID SOUTHERLY RIGIiT-0F-WAY LINE OF MCKTTRICK ROAD AND WITH A PORTION OF THE EXISTING CITY OF DUBLIN CORPORATION LINE AS ESTABLISHED BY ORDINANCE N0.21-02 AND OF RECORD IN COD~IlVlISSIONERS JOURNAL 44, PAGE 238, AND SAID EXISTING CITY OF DUBLIN CORPORATION LINE (71-02), A DISTANCE OF APPROXIMATELY 2249 FEfiT TO A POINT; THENCE NORTHERLY, PARTLY WITH THE Vi~ESTERLY LINE OF SAID SUBURBAN IMPROVEMENT OF COLUMBUS INC. 5 ACRE AND 57.325 ACRE TRACTS, THE EAST LINE OF SANDRA JEAN x1F~TTR~02J AND GLBNN J. HOFFMAN TRUSTHES, OFFICAL RECORD 519, PAGB 524, AND SAID EXISTING CITY OF DUBLIN CORPORATION LINE (71-02), A DISTANCE OF APPROXIIviATELY 1400 FEET TO THE POINT OF BEGII+TNING AND CONTAIlJING APPROXIMATELY 82.3 ACRES OF LAND, MORE OR LESS. THLS DESCRIM'ION WAS PREPARED FROM EXISTING RECORDS AND IS NOT TO BE USED FOR DEED TRANSFER. . EYANS, ME ART, HAMBLETON AND TILTON INC. ,~,T~+~"""""r,r,,, LI!c~~ G~Tos' ~ -'°~~P~E O~py~o~. / r ' JAMES ; ~ AMES M. PEARSALL DATE - M' i PEAn^SA~~ - REGISTERED SURVEYORNO.7840 " "O 7840 ' S ~O• n~ss ~ NS ~ R v JMP:Mw/JwQS ''~~'rurpu uuv+`~~ 8T_3 ac annex 44298.doc