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Home My WebLink About38-09 ResolutionRECORD OF RESOLUTIONS Daytcn ! ¢gal Blacs. lec_ Porm No. 30045 38-09 Resolution No. Passed zv A RESOLUTION ADOPTING A STATEMENT OF SERVICES FOR A PROPOSED ANNEXATION OF 5.66 ACRES, MORE OR LESS, FROM JEROME TOWNSHIP, UNION COUNTY TO THE CITY OF DUBLIN. WHEREAS, a Regular Annexation petition for 5.66 acres, more or less, from Jerome Township, Union County to the City of Dublin was filed in the offices of the Union County Commissioners on August 5, 2009 by Jackson B. Reynolds III, Attorney/Agent for Petitioners, Kevin and Jocelyn Mullins; and WHEREAS, Section 709.03 (D) of the Ohio Revised Code requires that, prior to the hearing of the annexation petition, the Municipal Authority shall adopt a statement indicating what services the Municipal Corporation will provide to the territory proposed for annexation and an approximate date by which it will provide services to the territory proposed for annexation upon annexation; and WHEREAS, the area proposed for annexation lies within Dublin's exclusive water and sewer service extension area, as provided under the agreements with the City of Columbus; and WHEREAS, the proposed annexation is in conformance with the Dublin Community Plan, adopted by Council on December 10, 2007. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. The City of Dublin will provide the following municipal services for the 5.66 acres, more or less in Jerome Township, Union County upon the annexation of the area to the City of Dublin, Ohio: Police. The City of Dublin has five police districts and deploys a minimum of five cruisers. The subject annexation is located approximately 4.3 driving miles from the Justice Center, the Division of Police headquarters. The annexation area will be fully served with police and communications services at the same or similar level now being provided to other areas of the City with similar land use and population. Fire and EMS. The City of Dublin will provide, cause to provide, or contract with Washington Township to provide fire protection and EMS services to this area of Dublin at the same or similar level now being provided to other areas of the City with similar land use and population. The closest Washington Township station is approximately 2.2 driving miles away on Brand Road. Solid Waste Collection. Residential refuse collection services are contracted by the City and are currently provided at no additional charge. Street Maintenance. The City's Streets and Utilities Division provides excellent service in the area of street and road maintenance. The City currently maintains Hyland Croy Road in the area of this annexation and will continue to do so at the same levels upon annexation of this property. Section 2. The City has Water and Sanitary Sewer Service Agreements with the City of Columbus, and the subject property is within the exclusive service area of both agreements. Conditioned upon the ability of the City of Columbus to provide water supply and to provide sufficient sanitary sewerage disposal capacity, sufficient public water distribution and sanitary sewer collection systems exist in this area to serve this property. The water distribution and sanitary sewer and wastewater collection will be RECORD OF RESOLUTIONS Irtc.. Form No-30045 38-09 Resolution No. Pas.secf Page 2 20 available to this site within approximately five years. The remainder of the services will be available immediately upon annexation. Section 3. This resolution shall be effective immediately upon passage, as provided under Section 4.04(a) of the Revised Charter. Passed this r i~~ day of , 2009. ,~~ ayor -Presiding Officer ATTEST J ~/ Clerk of Cotulcil CITY OF DUBLIN,. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 To: Members of Dublin City Council From: Terry Foegler, City Manager' ~/ Date: August 13, 2009 l Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning Paul Hammersmith, P.E., Director of Engineering/City Engineer Gary Gunderman, Planning Manager Barbara Cox, P.E., Engineering Manager -Development Summary Re: Resolution 38-09 - Adopting a Statement of Services for a Proposed Annexation of 5.66 Acres from Jerome Township, Union County (Petitioner: Kevin and Jocelyn Mullins, 8600 Hyland Croy Road) Memo On August S, 2009, attorney/agent Jackson B. Reynolds III filed an annexation petition with the Union County Commissioners on behalf of Kevin and Jocelyn Mullins. The petition is for 5.66 f acres, not including any additional portion of the rights-of--way of Hyland-Croy Road, located on the east side of Hyland-Croy Road just north of Dublin Jerome High School in Jerome Township. This application was the subject of apre-annexation agreement approved by the City of Dublin on March 16, 2009. The petition was filed pursuant to O.R.C. 709.02, as a "Regular" annexation. The Union County Commissioners must schedule a hearing not less than 60 or more than 90 days after the filing of the petition. The Commission's hearing is currently scheduled for October 19, 2009. For a Regular annexation the City must adopt a Statement of Services, included as Resolution No. 38-09, at least 20 days prior to the Union County hearing. The Commissioners must adopt a resolution either approving or denying the petition within 30 days following the hearing. If the petition meets the technical requirements of a Regular annexation the Commissioners are required to grant the proposed annexation. Reparations A Regular annexation permits the City to determine the Township designation of the property after annexation. In previous annexations, the City has placed properties into Washington Township in order to secure Washington Township Fire and EMS services. This action requires the City to pay reparations to Jerome Township on a declining scale over a 12-year period. As has been the case in most recent annexations the applicant has agreed to pay the required reparations as specified in the Pre-Annexation Agreement approved in March of this year. Fee Waiver The applicant requested that the City waive the annexation fees of $2,670. This was also approved as part of the Pre-Annexation agreement approved in March. This area is located within a portion of Jerome Township that is surrounded on three sides by the City of Dublin. Memo re. Res 38-09 -Annexation -Statement of Services for 8600 Hyland-Croy Road, K. Mullins August 13, 2009 Page 2 of 3 Background Zoning and Communit)~ PZmz The current Jerome Township zoning classification for this property is U-1 Agricultural Low Density District, which allows agricultural and single-family dwellings on a minimum of 1.5 acres without public sewer services. Upon annexation, the property will be automatically zoned R, Rural District, under the Zoning Code of the City of Dublin_ This would allow farm operations and single-family dwellings on a minimum one-acre lot. The 2007 Community Plan anticipated annexing this area as had previous Community Plans. The adopted Future Land Use Map indicates Parks and Open space in this area. The existing adjacent properties include: Tartan West property to the north, Golf Course to the east and south, Jerome High School to the south, and Metro Park and large lot single family to the west in Jerome Township. Service Assessment • Police Protection The City of Dublin has five police districts and deploys a minimum of five cruisers. The subject annexation is located approximately 4.3 driving miles from the Justice Center, the Division of Police headquarters. The City of Dublin provides twenty-four hour police and communications services and has mutual aid agreements with other jurisdictions. The annexed area will be fully served with these services at the same or similar level now being provided to other areas of the City. • Fire Protection And Emergency Medical Service (EMS) The Washington Township Fire Department provides fire protection to this area of Dublin. Most previous annexations in this area have been transferred from Jerome Township and placed in Washington Township. The Brand Road station is approximately 2.2 miles fi'om the lot. If changed, the annexation area will be fully served with Fire and EMS at the same or similar level now being provided to other areas of the city. • Solid Waste Collection The City of Dublin provides residential solid waste collection at no additional fee. The annexation area will be served with solid waste services at the same or similar level now being provided to other areas of the city. • Water Distribution The property is located within the Exclusive Dublin Expansion Area of the Water Service Agreement with the City of Columbus. A 16-inch waterline is located on the east side of Hyland- Croy Road and will provide service to this property. • Sanitary Sewer (Wastewater) Collection The property is located within the Exclusive Dublin Expansion Area within the Sanitary Service Agreement with the City of Columbus. This property is located in a tributary of the North Fork Indian Run trunk sewer. This trunk sewer is currently located in the Tartan West subdivision and will be accessible to the subject property by a sewer line that was extended to the southern property line of Tartan West in Section 6. Memo re. Res 38-09 -Annexation -Statement of Services for 8600 Hyland-Croy Road, K. Mullins August 13, 2009 Page 3 of 3 • Stormwater Management and Floodplain The property is relatively flat, drains northwest to southeast, and is located in the tributary of the North Fork Indian Run watershed as defined by the Storn~water Master Plan. This property is not in a FFMA designated floodplain. • Roads and Streets The property is served by Hyland-Croy Road, a minor arterial, with rural character, and is required to have 100 feet of right-of--way per the cun'ent Thoroughfare Plan. A variable width median is also panned for Hyland-Croy Road. Any new public roads or streets within a proposed development would be dedicated to the City, and be maintained to the same or similar level being provided to other areas of the City. Recommendation This property is within the proposed annexation areas of the Community Plan and is located in the exclusive Dublin Service Area as defined in the water and sewer agreements with the City of Columbus. Approval of Resolution 38-09 regarding the Statement of Services is recommended. Upon City Council's approval, This approved Resolution will be forwarded to the Union County Commissioners for their required hearing. Mullin'sAnnexation Case: 09-010 DUBLIN } ~- Z O'' O D' z o ~ O ~ U U W ( ~ Z °O ! Q f~ z ~ w CpfIIl3etID :=r^f z 0 z 0 z L..~[. N YWWV O O~ ~'H ~,•II~ .t a°~ Iz I~ 0 I~ I~ IY z a DUBLIN ! i Mullin's Annexation 0 400 800 Feet \tOTiCE OF FI'LI\G OF <\\~EX.ATIO~I PETITION TO: Ms. Aauie Clark, Clerk of Council City of Dublin 5200 Emerald Parkway Dublin. OH 43027 In accordance with the provisions of Section 709.03 of the Ohio Revised Code, you are hereby notified that, on the 5`h day of August, 2009, at 10:50 a.tn., the undersigned, as Agent for the Petitioners, filed an Arutexation Petition in the office of the Board of County Comunissioners of union County, Ohio. Said Petition prays for annexation to the City of Dublin, Ohio, of 5.56 acres, more or Iess, in Jerome Township. A copy of said Petition, with description and plat; is attached hereto and made a part hereof. The union County Commissioners will hold a public hearing on the annexation petition on the 19`~ day of October, 2009 at 9:30 am, in the County Commissioners offices in the County Office Building Io/cat/ad at 233 West Sixth Street, ~/Iarysvilie, Ohio. !~, Dated: _ ~~(dGO~ G.~'r~~~~K~r~~ ~'~"'~ Ja son B. Reynolds, III - ent for Petitioners RECEIPT OF THE AFOREMEly'I'IONED DOCIJNIENT(S) IS EIEREBY' ACKNObyLEDC~ED THIS ~~_ day of _/~z~~!/ _ , 20 0~. CLERIC'S OFFICE PETITION FOR REGULAR ANNEXATION TO THE CITY OF DUBLIN, OHIO ~~~~~VE~ OF 5.66+/- ACRES MORE OR LESS IN THE TOWNSHIP OF JEROME ~~ ` ~ 2a~9 TO THE BOARD OF COUNTY COMMISSIONERS Union County Commissioners OF UNION COUNTY. OHIO: The undersigned, petitioners in the premises, and being A MAJORITY OF THE OWNERS OF REAL ESTATE in the temtory proposed for annexation hereinafter described, consisting of 5.66+/- acres, more or less, with a total perimeter boundary of 5,153 feet, more or less, in the Township of 3erome which area is contiguous along 2,968 feet of 57%, more or less, and adjacent to the City of Dublin, do hereby request that said territory be annexed to the City of Dublin according to the statutes of the State of Ohio, 709.02, et seq. A full and accurate legal description and plat of the requested annexation territory are attached hereto and made a part hereof. In support of said Petition, the petitioner states that there is within the territory to be annexed one (1) property, owned jointly by the undersigned Petitioners. Jackson B. Reynolds, III and David Hodge, whose address is 37 W. Broad Street, Suite 725, Columbus, Ohio 43215, (614) 221-4255 telephone, (614) 221-4409 facsimile, is hereby appointed Agent for the undersigned Petitioners, as required by Section 709.02 of the Ohio Revised Code. Said agent is hereby authorized to make any amendment, deletion, and / or supplementation which is his absolute discretion is necessary or proper under the circumstances then existing, and in particular to do so in order to correct any discrepancy or mistake noted by the Union County Engineer in his examination of the Petition and / or Piat. Said amendment shall be made by the presentation of an amended plat and description to the Boazd of County Commissioners on, before, or after the date set for hearing on this Petition. NAME DATE j'~ ~~~ Kevin Mullins ADDRESS 8600 Hyland Croy Road Plain City. Ohio 43064 Jocelyn Mullins Page I of I 8600 Hyland Croy Road Plain City. Ohio 43064 mullinsdublinanx.pet 3117/09 0 300 600 Scale 1" = 300' August 8, 2008 Prepared for: Kevin D. Mullins Property Address: 8600 Hyland Croy Road PAR. N0. 17-0024037.000 Union Co. GIS/Map 8137-00-00-043.000 i.. ~m 4. ._.... ~..,... '~;~ e °_ ;A N .o°O ar.-s- q ..a'- S .' .. 1 j y,~ [ ~ ~- ~ gi ~ ' + ~g ru~ ~ ~..,, - u N O q LEGEND ..~- PRLPOSED prY CG BVHUN CQPPCRA BRV LINE _ . ~ EXI$HNB C])1' CE OVBUN CQRPpRABLn LINE AREA 10 BE ANNEXED PATRIDGE PROFESSIONAL SURVEYORS AND ENGINEERS L.L.C. 9464 DUBLIN ROAD POWELL, OHIO 43065 fAX (814)J99-0010 awuwn iEL. (614)-J99-C031 15' ANNEXATION PLAT PLAT SHOWING MAP OF TERRITORY TO BE ANNEXED A 5.660 ACRE TRACT LOCATED IN V.M.S. 2925, FROM JEROME TOWNSHIP, UNION COUNTY, OHIO TO 7HE CITY OF DU6LIN, UNION COUNTY, OHIO cnY or Dian caP«mlo~ LMa as Na. ]6-m e9ealw ama )/zs/m o.R, ws, Pw fis] Btl. or EEYCVUm of the \ DubIN Clly Scbod Dbbkl 85.614 Ac. O.R. 80, Pq. 209 city o1 DuaM Ccrp«olkn LNe atl. xw Iz-9e 't Rd a9xuw aom +/~se ~' O.R. I2), Pq LINE BEARING (STANCE Li L2 1 L3 4' L4 LS L6 L7 L8 Tcrtgn west fiat. P.B. 5. Pq. 199 evb«a so-oble 5J84 aoa O.R. 6], P9. ]]9 cl1Y of Oablln C«p«alkn LNa ~Mecllw Ovta 7/1]/01 O R. 119. P9. 66] X, o ht/ Wn D Malting Li ~~o 5.6]8 a«o ~c~ 11 ], P4 1g04 A Amen<m u~a9 car A»o. D.D. 42 PgPg, h95 1 ANNEXATION PLAT pPANN B1` &r' AN£NOED: DA)E: B/B/09 RENSEP. fUEP. PAEH£0: HNEEl.- I ANNEXATION OF 5.660 ACRES PRESENTLY IN JEROME TOWNSHIP, UNION COLI~ITY TO THE CITY OF DUBLIN, UNION COUNTY, OHIO Situated in the State of Ohio, County of Union, Township of Jerome, Vrginia Military Survey No. 2925, and being all of a 4.50 and part of a 1.178 acre tract (Parcel Number 17-0024037.000, Union Co. GIS/Map No. 137-00-00-043.000) currently owned by Kevin D. Mullins as recorded in Official Record 117, Page 182, and being more particularly described as follows: Beginning in the City of Dublin Corporation Line (Ordinance No. 76-01, dated 7123101) at the northeast corner of said 4.50 acre tract and the southeast comer of Tartan West Section 5, of record in Plat Book 5, Page 198, and a west line of a tract of ground currently owned by American Italian Golf Association, of record in Deed Book 223, Page 495; thence South 05° 33' 30" East 499.15 feet, along the east line of said 4.50 acre tract and west line of said American Italian Golf Association tract and existing City of Dublin Corporation Line (Ordinance 76-0'1 ), to a point; thence South 84° 21' 30" West 1002.63 feet, along the south line of said 4.50 and 1.178 acre tract and north line of said American Italian Golf Association tract and existing City of Dublin Corporation Line (Ordinance 76-01), to a point marking a northwest corner of said American Italian Golf Association tract and the northeast corner of a tract currently owned by Board of Education of the Dublin City School District, of record in Official Record 80, Page 209; thence South 84° 35' 01" West 1073.07 feet, along the south line of said 1.178 acre tract and north line of said Board of Education of the Dublin City School District tract and the existing City of Dublin Corporation Line (Ordinance 12-98, dated 4/2/98), to a point in the east line of Hyland Croy Road; thence North 11 ° 56' 27" West 30.20 feet, along the east line of Hyland Croy Road, to a point in the north line of said 1.178 acre tract and south line of a 5.784 acre tract currently owned by Barbara Stroble, of record in Official Record 67, Page 779; thence North 84° 35' 01" East 1076.43 feet, along the north line of said 1,178 acre tract and south line of said 5.784 acre tract, to a point; thence North 84° 21' 30" East 609.72 feet, continuing along the north fine of said 1.178 acre tract and south line of said 5.784 acre tract, to a point in the west line of said 4.50 acre tract marking the northeast comer of said 1. i 78 acre tract and southeast corner of said 5.784 acre tract; thence North 05° 33' 30" West 468.64 feet, along the west line of said 4.50 acre tract and east line of said 5.784 acre tract, to a point marking the northwest comer of said 4.50 acre tract and northeast corner of said 5.784 acre tract and in the south line of Tartan West Section 5 and existing City of Dublin Corporation Line (Ordinance 76-01); thence North 84° 17' 00" East 392.91 feet, along the north line of said 4.50 acre tract and south line of Tartan West Section 5 and existing City of Dublin Corporation Line (Ordinance 76-01), to the place of beginning, containing an area of 5.660 acres. Corporation lines referenced on are as follows: Ordinance No. 12-98 is recorded in Official Record 127, Page 550, Ordinance No. 76-01 is recorded in Official Record 305, Page 657. This above description is for annexation purposes only and not to be used for transfer of property 10008Annex Jocelyn Mu[Iins Kevin Mullins 8600 Hyland Croy Rd. Plain City, OH 43064 SURROUi~DiNG PROPER"I'Y QW'~tER5 Am Italian Golf Association. 8205 Aaery Rd. Dublin, OH 43017 3900224034002 Barbara Strobe 8622 Hyland Croy Rd. Plain City, OH 43064 170024060000 Jackson B. Reynolds, III David L. Hodge Smith & Hale LLC 37 E. Broad St.. Suite 725 Columbus. OH 4321 Board of Education Dublin City School district 7030 Coffman Rd. Dublin, OH 43017 390029001100 Tartan Development Co 71 i 5 Calabria Pt. Dublin, OH 43016 3900240401St City of Dublin 5200 Emerald Parkway Dublin, OH 43017 170024055101 170024055102 ~V LLC =`~4antage Bank 100 E. Nilson Rd., Suite 105 Worthington, OH 43085 390024040152,'390024040153 390024040154 MuilinsdubLrzan.-~ex i.lbl (nct) 3;4;'09 F:Docs/>&hiabels;2004 RECORD OF ORDINANCES Ordirzar~ce No. 09-09 Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PRE-ANNEXATION AGREEMENT DESCRIBING THE INTENTIONS OF THE PARTIES TO ANNEX CERTAIN REAL PROPERTY LOCATED IN JEROME TOWNSHIP, OWNED BY KEVIN AND JOCELYN MULLINS. WHEREAS, Kevin and Jocelyn Mullins ("the Petitioners") are the owner of certain real property located at 8600 Hyland Croy Road in Jerome Township (the "Property"), being more fully described in the Agreement attached hereto; and WHEREAS, the Property is located adjacent to and beyond the present corporate boundaries of the City of Dublin ("the City"); and WHEREAS, the Petitioners seek annexation of the Property to the City in order to obtain municipal services to support the Property; and WHEREAS, the City desires to accept the annexation of the Property. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, of its elected members concurring, that: Section 1. The City Manager is hereby authorized to execute the Pre-Annexation Agreement attached hereto on behalf of the City stating the intention of the parties to accept the annexation of certain lands owned by the Petitioners. Section 2. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. Passed this l~'~ day of ,~/tQ y'~~ 2009. Mayor -Presiding Officer ATTEST: Clerk of Council SCHOTTENSTEIN ZOXt;DUNN MEIInR=L~DUM TO: Dublin City Council Terry D. Foegler, City Manager FROM: Stephen J. Smith, Law Director Jennifer D. Readier, Assistant Law Director DATE: February 26, 2009 RE: Ordinance 09-09 Pre-Annexation Agreement for 8600 Hyland-Croy Road (The Mullins Property) INTRODUCTION: Kevin and Jocelyn Mullins ("Mr. and Mrs. Mullins") are the owners of 5.660f acres of land located on the east side of Hyland-Croy Road (8600 Hyland-Croy Road) in Jerome Township, ("the Property"). The Property is not in the City of Dublin ("the City") and does not have public water and sewer service. This property is similar to a nearby property that was annexed by Dublin in 2007 owned by Robert and Elaine Horr (8668 Hyland-Croy Road). Mr. and Mrs. Mullins, through their attorney, David Hodge, approached the City with their desire to annex the property to the City in order to obtain municipal services. Mr. Hodge requested the negotiation of apre-annexation agreement prior to Ivlr. and IvIrs. Mullins filing an annexation petition with the Union County Commissioners. TERMS OF THE AGREEMENT: The key terms of the Agreement are as follows: I. Annexation: The City will accept the annexation and the City will waive its annexation fees ($2,780) due to the fact that the property generally constitutes an island. If City Council does not wish to waive its annexation fees, this section may be stricken. In 2007, Council waived the annexation fees for the Horr annexation referenced above and the Lorenz property, both of which are similar in nature to the present annexation. 2. Boundary Adjustment: Since the petition will be filed as a regular annexation, the City, if desired, may chagge the underlying township designation from Jerome to Washington for purposes of providing Washington Township fire and EMS services. The City may accomplish this by filing a petition for a boundary adjustment, after the annexation is effective, which will result in the Property conformigg to the Washington Township boundaries. If such an option is exercised, the City will make reparation payments to Jerome Township of a percentage of the Township taxes that would have been due to the Township if the annexation had not taken place. Under the Agreement, Mr. and Mrs. Mullins will compensate the City for all reparation payments made to the Township. Ordinance 09-09 Pre-Annexation Agreement - 8600 Hyland-Croy Road February 26, 2009 Page 2 of 2 3. Council Action: All of the obligations and commitments in the Agreement are subject to Council approval. REC011~ZA~ZENDATION: The Law Department recommends approval of Ordinance 09-09 and upon approval of the Ordinance, will forward a copy of the Pre-Annexation Agreement to the City Manager for execution. TERESA L.,M~~KHAM Rr. rOa~,.?. ~.,,._,.; CO.. OHIO 2009 AUG - 5 P t~ ! ~ 21 ,~~.0 36~1~6 PRE-ANNEXATION AGREEMENT This Pre-Annexation Agreement ("Agreement") is entered into on/~/~ ~~ 2009, by and between Kevin and Jocelyn Mullins ("the Petitioners") and the City of Dublin (" ublid'), an Ohio municipal corporation, whose principal mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017 (referred to collectively as "Parties"). RECITALS WHEREAS, the Petitioners own certain real property located at 8600 Jerome Road in Jerome Township ([he "Property"), being more fully described in the Union County Auditor's information attached as Exhibit ".A" and incorporated herein; and WHEREAS, the Property is located adjacent to and beyond the present corporate boundaries of Dublin: and WHEREAS, the Petitioners desire to annex the Property to Dublin in order to obtain municipal services to support the Property; and WHEREAS, Dublin desires to annex the Property, NOW TEiEREFORE, in consideration of the mutuai promises and covenants contained herein, and intending to be legally bound, the Parties hereby agree as follows: 1. Annexation: The Petitioners will submit an annexation petitian, pursuant to Ohio Revised Code Section 709.02, to the Union County Commissioners and Dublin will accept the annexation of the Property after the Commissioners' approval Dublin also agrees to waive its annexation fee for this parcel. 2. Boundary Adjustment: I[ is Dublin's intent to file a petition for a boundary adjustment after the acceptance of the Property by City Council, which will result in the Property conforming to the Washington Township boundaries. Such action will practically result in the exclusion of the Property from Jerome Township's jurisdiction. Currently, pursuant to Ohio Revised Code Section 709.19, Dublin must make reparations to Jerome Township of a percentage of the Township taxes that would have been due the Township if annexation had not occurred in the amount; as follows: Years I through 3 80.0% Years 4 through 5 52~% Years 6 through 10 40.0% aR835 PG356 Years I I through IZ 275% Aftervear (Z 0% The Parties understand that these percentages may change if the use of the land is altered. The Petitioners hereby agree to compensate Dublin for all reparations payments Dublin is rzquired to make to Jerome Township. The Petitioners or their successors and assigns will pay any invoice presented [o thzm by Dublin for such reparations within thirty (30) days of receipt of said invoice and Dublin will present such invoice as soon as it becomes aware of the commencement of such reparations or initiates such reparations. 3. Council Action: The foregoing obligations and commitments by Dublin contained herein are contingent and shall be effective and enforceable only upon the approval of all nzcessary legislation and/or motions by Council and the expiration of all refzrendum periods applicable thereto. 4. Amendments: This .4greement may be amended, modified, or changed only 6y a written agreement properly executed by Parties. ~. Applicable Law: This Agreement shall be governed by, construed, and interpretzd in accordance with the ordinances and Laws of Dublin, the State of Ohio and the United States, in that order. 6. Waivzr. No delay or failure on the part of any party hereto in exercising any right, power, or privilege under this Agreement or under 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 or"any default or any acquizscence therein. No singlz or partial exercise of any 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. 7. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid. void, or unenforceable to any extent, such provision shzll be enforced to the greatest extent permitted by law and the remainder of this Agreemzn[ and the application of such provision to other persons or circumstances shall not be affected [hereby and shall be enforced to the greatest extent permitted by law. 8. Entire .4oreement. This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and superedes all prior negotiations, discussions, undertakings and agreements between the parties. This Agreement may be amended or modified only by a writing executed by the duly authorized officers of the parties hereto. 9. Successors and Assigns. This Agreement shall run with the land and be binding upon and inure to the benefit of the respective heirs, pzrsonal representatives, successors, transfzrees, and assigns of the parties hereto. 10. Captions. The captions contained in this Agreement are included only for convenience of referencz and do not detine, limit, explain or modify this Agreement or its interpretation, construction or meaning and arc in no way to be construed as a part of this Agreement. I I . Covenants Run With the Land. It is intended that the covenants, zasements, agreements, promises and duties set forth in this Agreement shall be construed as covenants which run with the land. ~R835 PG357 l2. "termination of Liability Upon Transfer. If Petitioners should transfer their fee simple interest in and ownership of the Property, then the liability of the transferor for the breach of any covenant or provision contained in this Agreement, occurring after the date of such transfer, sha(1 automatically be terminated only upon City's approved written notice. IN WITNESS WHEREOF, the undersigned have set their hand to duplicates hereof, on the day and year first above written. KEVIV vIULLINS ~ Petitioner ' ~: JOCELYN MULLINS PetitioneL _~ - /~ /`'~~~ CITY OF DUBLIti An Ohio Mya~al Co~ation By: Terry D. Fo Its: City pR835 ~G358 .HIi0~653? 1 STATE OF OHIO COUNTY OF (-~~1,'~_ SS Before me a Notary Public personally came Kevin Mullins, who acknowledged the foregoing Agreement as his voluntary act and deed. In Witness whereof I have hereunto subscribed my name and affixed my seal on this ~~T day of ~, 2009. - ip''~`~+i PAMELAJWH(THURST ~~ ~~ ~ ,~ ~ _ ~ ,_ w .~ * NOTARY PUBLIC, STATE OF ONtO..,, \ \ , i * MYCOMMlSS10NEXPtRES~6I0tI~t2Notary Public ~~, TE OF OE{[O COUi`ITYOF FY`(lm~(tf;.,~ SS Before me a Notary Public personally came Jocelyn Mullins, who acknowledged the foregoing Agreement as her voluntary act and deed. In Witness whereof I have hereunto subscribed my name and affixed my seal on this ;~ ~ day of ~ ~ L , 2009. t'`~`~c PAMEtA J `NMTHURST ~~ ~ w~ ~ ~~~` * NOTARY PUBLIC, S tRES OSI~~~ * My COMMISSIONEXP Notary Public ~~~~~ STATE OF OHIO COUNTY OF FR.INKLIN: SS Before me a Notary Public personally corporation, by Terry Foegler, its City Manager, his voluntary act and deed on behalf of the City. came the City of Dublin, an Ohio municipal who acknowledged the foregoing Agreement as In Witness whereof I have day of ~, 2009. vEP .~a00t`c `~a0 V^,~o my name and affixed my seal on this ocltlFl ~ i' i Owner! Leagl Description Owner /Legal Description / 35% Values Pa~me!;i JiaiUS Owner/Legal Desc Adores ! Sairs Charge 3asr, Prior Years' Hisrory ;~cuse In/o Cann Info Bldg lrfo S!<etch '_evy infonnaiion Property Card .....View MaP ... EXIT /HOME RETURN TO SEARCH NEXT PAGE Precious Record :A~crt Record Parcel Number: Owner /Tax Lien Date MULLINS KEV[N D 8600 HYLAND CROY RD PLAIN CITY" OH 43064 Sate Date/Code/Amount 4(02/98 GWD 227000 Legal Description JERONIE -DUBLIN LSD 44730 88230 132960 VMS 2925 SPLIT ACRES TO 137-00-00-043.000 OR 804 PG 218 SV 10-126 Property Class Current Year RES-511 Next Year - Information reflects county records as oF: 3:45 am 08/01/2009 3J% Taxable Values Land Building Total Abatement Land Market Personal Property (Public litil Homestead Discount Basis Rollback:Land (Homesite) Rollback: Building(House) Rollback:Total Nlail Sort Code 430649086 Rollback X Legal Disclaimer 12250 73840 86090 Page 1 of I 8600 HYLP PLAIN CIT Acres Front Foy 5.6780 1 C C C 2.J% Rollback based on homesite + $35 g~36 ~ http:!/realestate.co.union.oh.us/cgi-bin/db2wutiv.pgmlreq.mbr/D(?stam~~ 16:38:59&id=90 8/3/2009 place cursor here for information about this Pate 17- 0024037.000 Transfer /Current Tar Year Transfer MULLINS KEV[N D & JOCELYN JT LIVES 8600 HYLAND CROY RD PLAIN C[TY OH 43064 Sale Date/Code/Amount Sale I l 2i09/OS EX MULLINS