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Home My WebLink About29-81 Resolution , ~ --,_._- - RECORD Of RESOLUTIONS 275 " t ~..-.,,~ .. ~ i National Graphics Corp., Cols., O. ~ ~~ Fonn No. 6233-A i Resolution No.~ ~~'J~-:~t!nu_nunu~~nu Passed a nn m nn nnu nun nu__ ___n~~nnunununn19 nn_U_ I I I i A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO ENTER ~ INTO AN AGREEMENT WITH ADRIA LABORATORIES INC. NOW, THEREFORE BE IT RESOLVED by the Council ot the Village of Dublin, State of Ohio, (p of the elected members concurring: SECTION 1. That the Village Manager be, and he hereby is, authorized I to enter into an Agreement with Adria Laboratories Inc. per conditions of said Agreement hereto attached as Exhibit "A". SECTION 2. This Resolution shall take effect and be in force from and after the earliest period allowed by law. Passed this t #l day of #''1 ' 1981. D (Jdth~~/ ~~<./ t Mayor-Presiding Officer ATTEST: --':~ )7j, ~ <J?? $?f.'./ Clerk of C ncil I :J i . -- . . ~ - J . - ~ .... .. ~ .. . I azm MANUFACTURING PLANT: 582 W Goodale Street. Columbus, Ohio LABORATORIES INC. (614) 221.5574 Telex 246-620 ROBERT L. FLEMING VICE PRESIDENT OF OPERATIONS February 8, 1982 Mr. Sherm Sheldon Village Manager Village of Dublin 6665 Coffman Dublin, OH 43017 Dear Sherrn: This letter serves to confirm and summarize a meeting held February 2, 1982 attended by you, Charles Wolfe, William Weid, and Thomas D'Alonzo. I Adria requested the meeting to clarify a point in our agreement, dated July 7, 1981, regarding the construction of the sewer line from Avery Road to our Research Center. We are in agreement and confirm that construction of the line "to the Adria property" shall include construction of the line from the point where it enters the Adria property to the approximate point where present sanitary facilities are located and that the line shall be a public line to that point. Therefore, the costs of construction associated with bringing the line to such a point shall be included in the total cost of the project subject to reimbursement from systems capacity charges and tap fees. Again, please accept our thanks for your consideration and assistance. Sincerely, ~~~ Vice President Operations RLF: jw cc: Mr. Thomas D'Alonzo E Mr. William Weid Mr. Charles Wolfe MAILING ADDRESS: P.O. Box 16529, Columbus, Ohio 43216 " " .. ..- ~. 1l1rL )/f/~f . po .' . .. . J AGREEMENT CO/,/ This Agreement entered into this~day of JU~, 1981, by and between the Village of Dublin, a municipal corporation under the laws of the State of Ohio, hereinafter referred to as "Dublin" U and Adria Laboratories, Inc. , a corporation organized and existing under the laws of the State of Delaware hereinafter referred to as "Adria" witnesseth: Whereas "Adria" is the owner of certain property in Washington Township, Franklin County, Ohio, the description of which property is contained in Exhibit "A" , attached hereto and made a part hereof, and which said property is hereinafter referred to as "Adria" property: and: Whereas "Adria" has certain of its corporate facilities located on said "Adria property" and is desirous of constructing additional facilities on said "Adria property" and, in connection with both the ~ facilities already constructed and those to be constructed, is de- L sirous of obtaining public sanitary sewer and public water service to the said "Adria property" and: Whereas in order to obtain said services "Adria" is desirous to and has initiated proceedings to annex the "Adria property" and other property to "Dublin" which proceedings have been approved by the County Commissioners of Franklin County and are presently pending before the Village Council of "Dublin" and: ~t\Thereas "Dublin" is desirous of annexing the said "Adria property" and willing to provide said sewer and water services as hereinafter provided to the said "Adria property"'so as to enable "Adria" to develop said property and by said process provide needed and additional tax revenues to "Du.blin". NOW THEREFORE the parties hereto in consideration of those G considerations hereinabove set forth, the mutual undertakings here- inafter agreed to and other good and valuable considerations, the receipt of which is hereby acknowledged, mutually agree as follows: . " < . .. " THE COVENANTS OF "ADRIA" .'1. "Adria" shall continue to support and do all things necessary to complete annexation of the "Adria property" to Dublin. II. If and when the said annexation proceedings are completed "Adria" shall construct a sanitary sewer facility from a point on U Avery Road north of Post Road in Dublin, indicated on the map attached hereto and marked Exhibit "B" as "Point X", to the "Adria property" all in accordance with th~specifications of "Dublin" and along a line which shall be mutually agreed to by the parties and which said line shall be, in terms of all considerations including cost, location, availability of easements, service potential, and engineering desira- bility the most reasonable. When said sewer facility is completed, inspected, and found to be in accordance with the specifications of "Dublin", "Adriall shall convey by appropri~te document all rights, title and interest in said sewer to "Dublin" . III. If and when said sanitary sewer is constructed and so conveyed ~ to "Dublin", "Adriall will convey to "Dublin" an po9~me~ an --- ..... U appropriate location to provide for the eventual extension of said - ~ - sewer to the west line of the "Adria property". ----- - -~~ ~~,=--~~.--~=-, IV. If and when the said annexation proceedings are completed "Adriall shall convey to "Dublin" a parcel of land in and at the northwest corner of the "Adria property II to be used solely and exclusively for a water storage and pressure tower. The deed to said property shall provide for a revertor in the event said property is not used for said purpose within a three year period or ceases to be so used for said purposes. The description of said property is contained in Exhibit "ell attached hereto and made a part hereof. THE COVENANTS OF "DUBLIN" I. If and when said annexation proceedings are completed "Dublin" shall construct a sanitary sewer facility to "Point X". \] II. If and when "Adria" conveys said sewer to "Dublin", "Dublin" shall pay to IIAdriall the sum of $150,000, in cash at the closing. - ----- - As a further consideration for said conveyance "Dublin" shall reim- burse and pay to "Adriall, "Dublin"'s share of any systems capacity charges and tap fees when and if said charges and fees are paid and which are attributable to any and all lands served by said sewer up to that sum of money by which the actual cost of said sanitary sewer, including all engineering legal, and other expenses directly . idi' ; . . . related thereto, exceeds the sums of $150,000 and any grant from any governmental agency which is paid toward the cost of said sewer. The reimbursement obligation of "Dublin" shall cease and no longer exist thirty (30) years after the conveyance of said sewer. U III. If and when the said annexation proceedings are completed "Dublin" shall construct a water line to the "Adria property" with adequate size, capacity, and pressure to provide full water service including fire protection, which said water line shall be completed and available for such full service to the "Adria property" no later than the 30th day of September, 1982. If it is necessary in order to provide said full water service to construct a water storage and pressure tank "Dublin" shall construct said tank on the property de- scribed in Exhibit "e'" no later than the 30th day of September, 1982. IN WITNESS WHEREOF, each party has executed this Agreement or a counterpart hereof on the 'II ~._day of J()J..r , 198~. ~'~J ~ D VILLAGE OF DUBLI~ ~ 1 ness . ~ 17;, ~~ by +...- ,_ _ :/...... -1f""A~t(. W~{U, 1J'dk~ ADRIA L~ORATORIES, INC. , Witness ! by -~~FL/ ~ x.f!)~ ~~. TN/erN' f W ness STATE OF OHIO ) COUNTY OF FRANKLIN ) ss: BEFORE ME, a Notary Public in and for said County and State, personally appeared ~~~~ of the Village of Dublin, and €~A.<""" ~ ~\..\j.~~~\. ~ ~~~\\~ , of]1 . - 1 b. _ _.& S , ...., who acknowledge that they did sign the foregoing as their free act and deed. - 4~! Y#i7 U ROBERT F. MAYER STATE OF OHIO ) HOTAIY PUBLIC, 'FlANKlIJl COUIIY, "'- COUNTY OF FRANKLIN ) S5 : MY. COMMISSI{}N EXPIRES .:2 - PI - K" 3 Before me, a Notary Public in and for said County and State, personally appeared Herman J. Eichel, President, of Adria Laboratories Inc., personally known to me, who acknowledges that he did sign the fore- going as ,his free act and deed. I . . " -(I E ~ ~ \ b I\' ~ ATTACHMENT A () U PARCEL 1: Situated in the Counties of Union and Franklin, in the State of Ohio, and in the Townships of Jerome and Washington, respectively, and bounded and described as follows: Situated in Virginia Military Survey No. 6748 and I being the West Half of a 101.00 acre tract conveyed i by Deed of Leonard V. and Lydia M. Swallow to Ray Hyland Las the same is of record in Deed Book 1811, Page 368, .... "" Recorder's. Office, Franklin County, Ohio, more particu- . I larly bounded and described as follows: . Beginning at an iron pipe in the southwest corner of a 52.01 acre tract conveyed by Lydia M. Trittschuh to Warren-Teed Products Company under date of July 9, 1959, and being the east one-half of the above-described tract; thence South 84 deg. 35' West, 832.02 feet to an iron pipe; thence North 4 deg. 58' W. 2524.20 feet to an iron pipe in the center of State Route No. 161 and the north line of said 101.00 acre tract; thence north 65 deg. 41' east along the center line of Route 161, 881.94' to an iron pin; thence southerly on a line parallel with the west line thereof (a line bearing south 4 deg. 58' E) 2809.30', passing an iron pin at 1404.65 feet to the place of beginning, containing 15.37 acres in Union County and 36.64 acres in Franklin County, or a total of 52.01 acres, and being subject to all legal highways in previous instruments of record. Being those premises conveyed to The Warren-Teed Products Company by Ray Hyland and Grace Hyland by deed dated , March 30, 1960, filed April 1, 1960, and recorded in I Deed Book 2242, Page 388, Recorder's Office, Franklin {J County, Ohio, and filed April 20, 1960, and recorded i..... ", in Deed BO?k 203, Page 349, Recorder's Office, Union I 1 County, Ohlo. , , I PARCEL 2: ! : Situated in the County of Union and County of Franklin, ,I in the State of Ohio, and in the Townships of Jerome I and Washington and bounded and described as follows: I I Situated in Virginia Military Survey No. 6748 and jl being the East Half of a 101.00 acre tract conveyed .' by Deed of Ray and Grace Hyland to Leonard and Lydia . M. Swallow, as the same is of record in Deed Book 1811, 1 Page 370, Recorder's Office, Franklin County, Ohio; i j , . f" . . Beginning at an iron pipe at the southeast corner of the above mentioned 101.00 acre tract, thence from said beginning point, South 84 deg. 35' West, along the South line of said 101.00 acre tract, a distance of 748.07 feet to an iron pipe; thence North 04 deg. 58' West, a distance of 2809.30 feet to a railroad spike in the U center of State Route No. 161 and the North line of said 101.00 acre tract, passing an iron pipe on line at 1404.65 feet; thence North 65 deg. 41' East, along the North line of said 101.00 acre tract and the center of State Route No. 161, a distance of 537.71 feet to a railroad spike at the intersection with the center of the Post Road; thence South 75 deg. 01' East, along the center of the Post Road, a distance of 290.94 feet to a P K Nail, at the Northeast corner of said 101.00 acre tract; thence South 04 deg. 20' East, along the East line of said 101.00 acre tract, a distance of 2883.15 feet to the place of beginning, containing a total of 52.01 acres, being 31.36 acres in Franklin County and 20.65 acres in Union County, and being subject to all legal highways in previous instruments of record. Being those premises conveyed to The Warren-Teed Products Company by Lydia M. Trittschuh and Lawrence H. Trittschuh by deed dated July 9, 1959, filed July 16, 1959 and recorded in Deed Book 2194, Page 231, Recorder's Office, Franklin County, Ohio, and filed July 13, 1959, and recorded in Deed Book 201, Page 425, Recorder's Office, Union County, Ohio. U The foregoing Parcels No. 1 and No. 2 are more accurately described in a survey made since acquisition by the grantor corporation, which description is as follows: Situated in the Counties of Franklin and Union, in the State of Ohio, and in the respective Townships of Washington and Jerome, and bounded and described as follows: Situated in the Virginia Military Survey No. 6748 and being the tract stated to comprise 101.00 acres. Beginning at an iron pipe at the Southeast corner of the above-mentioned 101.00 acre tract; thence from said point of beginning South 84 deg. 35' West, along the entire South line of said 101.00 acre tract a distance of 1,580.1 feet to the Southwest corner which is also marked with an iron pin; thence North 04 deg. 58' West, along the entire West line of said 101.00 acre tract a distance of 2,524.2 feet to an iron pipe in the center of State Route No. 161 and the North line of said 101.00 acre tract; thence North 65 deg. 41' East, along the center line of said State Route No. 161 and the North line of said 101.00 acre tract a distance of 1,419.0 feet {1 to a railroad spike at the intersection with the center of the Post Road; thence South 75 deg. 01' East, a distance of 290.94 feet to a P K Nail at the Northeast corner of said 101.00 acre tract; thence South 04 deg. 20' East, a distance of 2,883.15 feet along the east line of said 101.00 acre tract to the place of beginning, containing a total of 104.02 acres, 36.02 acres of which lie in Union County and 68.00 acres in Franklin County. -2- . . 6 l. "8 " . tN · toI( fo' " \l -:b 'f .' " ----- Rulh E. UqST' S.J.GI7 Ac. P N. 378 ~ .' Glt:nn W , Ol1nn~H~ M C lor/( .~ T= /. 383 Ac. PN 433 ~ , \.){i . ~ .~~~ - ~C\i~ ~. q,. I i POST ROA- I ) , I -=- , J ; I --=_ I ~ I I I I ~ GR Snyder JAc. PN. m ~ J.L. ( J W Mckitrick ~flJl (3) rr 30' 84-'99 k. PN 300 I Ey~/yn WlrchqliJsk;' " /I "'.. Fr.sf Tracf I BX i-iJR J -r B I r ?/J 7~ .L1,. ~ .\. , . - . . h tN '{' tJ .... r". ro' .~ " ~.. ,. ".'...-w" -'I"'. \l -:b I 'f . \ , ., - Rulh E. Mqsr S.J.~/7 Ac. PN. ..178 .~ ," G/t'/1n W 'O(Jnn~Ht: M C/Qr/( ~ T z /. 383 At:. P N 433 ~ , \.i \i . ~ .~~~ - ~C\;~ I ~. q,. PO.s T R OA- . , . :J_ _ - -... ",.,-, -... I :( GR Snyder ~:: 3Ac. ~ I?N. m ,;;" .~~;, ':..,; : J,L. ( J W Mckitrick ~f(J1 (3) Tr 30' ~~99 Ac. PN 300 I j r Ev~/yn WlrC/7Qlnsk/ ; I \ II II , (! firsf Tracf ! ' I F\'LiJ/A /-r R :1/7 7/" A_ ~ \t ~ . ~. """ . e . . . c. F. BIRD & R. J. BU ll, lTD. \: CONSULTING ENGINEERS - SURVEYORS June 16, 1981 Ii 6113 LlNWORTH ROAD WORTHINGTON. OHIO 43085 PHONE 614-885-4026 DESCRIPTION OF 1.187 ACRE TRACT ON OHIO ROUTE 161, JEROME TOWNSHIP, UNION COUNTY, OHIO G TO BE CONVEYED TO VILLAGE OF DUBLIN, OHIO, FOR WATER STORAGE TANK SITE Situated in the State of Ohio, County of Union, Township of Jerome, in Virginia Military Survey No. 6748, and being a portion of a 52.01 acre tract of land conveyed as Parcel 4 to Warren-Teed Pharmaceuticals, Inc. , by deed of record in Deed Book 211, Page 608, Recorder's Office, Union County, Ohio, and bounded and described as follows: Beginning at a railroad spike found in the centerline of Ohio Route ;. 161 (80 feet wide) at the northwest corner of said Parcel 4 and at ,the northeast corner of a 66.7701 acre tract of land conveyed to Ralph D. and Lois E. Arthur and John M~ and Nancy Fox McIntyre by deed of record in Deed Book 247, Page 471, Recorder's Office, Union County, Ohio; thence N 650 41' E along the centerline of Ohio Route 161 and along a portion of the north line of said 52.01 acre tract a distance of 204.01 feet to a point:. ....'. thence S 40 58' E parallel with and 192.49 feet easterly by perpen- dicular measurement from the west line of said 52.01 acre tract and from the east line of said 66.7701 acre tract/a distance of 302.48 feet to a " point (passing a point in the south right-of-way line of Ohio Route 161 .: ~at 42.39 feet); I . '. , t. . . thence S 850 02' W perpendicular to the west line of said 52.01 acre . . tract and perpendicular to the east line of said 66.7701 acre tract a . distance of 192.49 feet to a point in the west' line of said 52.01 acre . ,-1' tract and in the east line of said 66.7701 acre tract; thence N 40 58 ' W along a .portion of the west line of said 52.01 acre tract and along a portion of the east line of said 66.7701 acre tract a distance of 234.88 feet to the place of beginning (passing a point in the south right-of-way line of Ohio Route 161 at 192.49 feet) ; containing 1.187 acres of land more or less and being subject to all legal highways, easements and restrictions of record. The above description was prepared by Richard J. Bull, Ohio Surveyor No. 4723, of C. F. Bird & R. J. Bull, Ltd. , Consulting Engineers and Surveyors, Worthington, Ohio, from best available records and not from an actual field survey. fi:4g J. ~ Richard J. Bull j. r, Ohio Suveyor #4723 I ,