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Home My WebLink About11-08 ResolutionRECORD OF RESOLUTIONS 1 L7 Inc ,Form No 3D045 Resolution No. 11-08 Passed , 20 A RESOLUTION 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 DANIEL E. AND MELISSA A. LORENZ, TO THE CITY OF DUBLIN. WHEREAS, Daniel and Melissa Lorenz ("the Petitioners") are the owners of certain real property located at 9341 Jerome 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 sought annexation of the Property to the City of Dublin 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 RESOLVED by the Council of the City of Dublin, Franklin, Delaware and Union Counties, State of Ohio, ~ 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 Resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this ~ 7~ day of i~'~~~~ , 2008. Mayor -Presiding Officer ATTEST: ~ ~.,~/~~ Clerk of Council 1 ~SCHOTTENSTEIN ZOX~~DUNN~_~ , ,, ~IIE~~IORA1~'D Uz~1 TO: Dubini City Council Jane S. Brautigam, City Manager FROM: Stephen J. Smith, Law Director DATE: March 13, 2008 RE: Resolufion No. 11-OS -Pre-Armexafion Agreement for Lorenz Property, 9341 Jerome Road INTRODUCTION: Daniel E. and Melissa A. Lorenz ("the Petitioners") are the owners of 8.Sf acres of land located an the southwest side of Jerome Road (9341 Jerome Road) in Jerome Township, {"the Property"}. The Property is not in the City of Dublin ("the City's and does not have public water and sewer service. The Petitioners, tlu•ough their attorney Michael Close, approached the City with their desire to arurex the property to the City 111 order to obtain municipal services. On October 16, 2007, attorney Michael Close filed a Majority Owner annexation petition with the Union Cowrty Commissioners on behalf of the Petitioners, which ryas ultimately approved by the Commissioners. Before acceptance of the armexation, the City statT, including the Law Director's Ot~ice, negotiated a. Pre-Amrexation Agreement ("the Agreement"}. TERMS OF THE ACrREEMENT: The key terms of the Agreement are as follows: 1. Annexation: The City will accept the annexation 2. Boundary Adjustment: Since the petition was filed as a Majority Owner annexation, the City, if desired, may change the underlying townslip designation from Jerome to t~'ashington for purposes of pro~riding Washington Township fire and EMS senrices. The City will file a petition for a boundary adjustment, which will result in the Property conforming to the Washington Township boundaries. As such, 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 arurexaion had not taker place. In turn, the Petitioners will compensate the City for all reparation payments made to the Township. 3. Council Action All of the obligations and commitments in the Agreement are subject to Council approval. RECOMMENDATION: The Law Department recommends approval of Resolution No. 11-08 arid, upon acceptance of the Resolution, will forwazd a copy of the Pre-Annexation Agreement to the City Manager for execution. PRE-ANNEXATION AGREEMENT This Pre-Annexation Agreement (":4greement") is entered into on 2008, by and between Daniel E. and Melissa A. Lorenz ("the Petitioners") and the City of Dublin ("Dublin"}, an Ohio municipal corporation, whose principal mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017 (referY•ed to collectively as "Parties"). RECITALS WHEREAS, the Petitioners own certain real property located at 9341 Jerome Road in Jerome Township {the "Property"), being more fully described in the LJnion 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 amlex the Property. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound, the Parties hereby agree as folio«-•s: 1. Annexation: Dublin «~•ill accept the annexation of the Property. 2. Boundary Adjustment: It 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. 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 amounts as follows: Years 1 through 3 80.0% Years 4 through 5 52.5% Years 6 through 10 40.0% Years 11 through 12 27.5% After year 12 0% The Petitioners hereby agree to compensate Dublin for all reparations payments Dublin is required to make to Jerome Township, which are estimated to be $13,500. The Petitioners ~~~ill pay any invoice presented to them by Dublin for such reparations within thirty (30) days of receipt of said invoice. 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 necessary legislation and,!or motions by Council and the expiration of all referendum periods applicable thereto. 4. Amendments: This Agreement may be amended, modified, or changed only by a written agreement properly executed by Parties. 5. Applicable Law: This Agreement shall be governed by, construed, and interpreted in accordance with the ordinances and laws of Dublin, the State of Ohio and the United States, in that. order. 6. Waiver. 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 ~~~ith or pursuant to this Agreement shall impair any such right, power, or privilege or be construed as a waiver of any default or any acquiescence therein. No single 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 shall be enforced to the greatest extent permitted by law and the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 8. Entire Agreement. This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes 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. IN tA~ITNESS WHEREOF, the undersigned have set their hand to duplicates hereof, on the day and vear first above written. DANIEL E. LORENZ A~ELISSA A. LORENZ Petitioner Petitioner CITY OF DUBLIN An Ohio Municipal Corporation By: Jane S. Brautigam Its: City IVlanager 2 STATE OF OHIO COL7NTY" OF S S Before me, a Notary Public, personally came Daniel E. Lorenz, who acknowledged the foregoing Agreement as his voluntary act and deed. In Witness l~~hereof I have hereunto subscribed my name and affixed my seal on this day of , 2008. Notary Public STATE OF OHIO COUNTY OF S S Before me, a Notary Public, personally came Melissa A. Lorenz, 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 , 2008. Notary PL~blic STATE OF OHIO COLJNTY OF FRANKLIN: SS Before me a Notary Public personally came the City of Dublin, an Ohio municipal corporation, by Jane S. Brautigam, its City Manager, who acknowledged the foregoing Agreement as her voluntary act and deed on behalf of the City. In Witness l~~hereof I have hereunto subscribed my name and affixed my seal on this day of , 2008. Notary Public 3 EXHIBIT 1-1 Union County Auditor's Information 4 EXHIBIT A CONTINUE ~x,nunn rwr DORLTN CSD/FRA CO r e a ]. OOi7D 3/1/06 p r o p e r t y r e c o r d UIJION COUNTY, OHIO :?CG15C28.100 res 10:11:55 MARY H SNIDER AUDITOR 137000002000 ------------------- -------------------- sale ----- -----------------------eff rate:-- -57.13--- --59.69-----60.92-----59 39------ a/r ------ ----------------- ------ 2009 LORENZ DANIEL D b MELISSA A 4/16/96 I tax year 2009 2005 . 2006 2007 2007 2008 2009 c a m 2005 LORENZ DANIEL D b MELISSA A 4/16/96 I prop cls 511 511 511 511 a 2006 LORENZ DANIEL D b MELISSA A 9/16/96 I acres 1.0340 1.0390 1.0390 1 0390 511 2007 LORENZ DANIEL D b MELISSA A 9/16/96 JEROME - DUBLIN CSD I land100% 35000 35000 . 35000 35000 EX 161dg100% 79790 79790 79790 80790 35000 80750 9351 JEROME RD VMS 3014 I tot1100% 1197902 1147402 1197402 1157902 t t t 1157502 DUBLIN OH 93017 BK 90 PG 215 ------------------- 2008 ------------------------------ ------------------- ---I tax value:-- --------- -------- ------------ ------------- ---------- ------------------ ------ I land 35~~ 12:150 12250 12250 12250 12250 I bldg 35r 27910 27910 27910 ;8260 28260 I totl 35% 401602 901602 901'e0t 405102 t t t 905102 137- 00-00-020,000 I hmstd35% ------------------- ----- ------------------------- ------------------- ---I 2.5z, rb 2009 I hmstd rb ------- ------------------- I net tar. 2 065.04 2169.59 2183.92 2165.18 SHB+.cons.type.fc.s q-ft value - --------------- -------- --------- ---- -------------------- ----------- ------------------ ------ 1 B F M 1006 a *MAIN I I 12 ~ CARP G 286 2100 b GARAGE I STP P 56 300 c PORCH I 1 1 DK P 120 1"DO d PORCH 0 0 ------------------- ------------ dDK :120 96 SPLIT ------------------ -------------------- ------- 42 - _1- -------- - ------------------------------ ---- --- a1F M/6:1008 bCAG :'_8A I 20 96 split fr 8.6690 ac 17-15-28.000 ------------- -------- c 2 2 _ 2 ar:990 I I g ------------------- ------------------------- ------ ------------------- I -------- 9 9 2 I sale# #p mm dd yy t o/remarxs type/invalid? sale$ co:land co: bldg I I I I I I I 9197 9/16/°.6 LORENZ DANIEL D b MELISS EX -------------------------------- I I I I I year land ------------------ bldg total net tax ----------------- --I I I I I I I I 2003 6750 30570 39320 2020.62 I I I I 2002 3750 30570 39320 2030.06 I I I I 2001 8750 30570 39320 2182.88 ( I I I 2000 8750 20280 29030 1632.00 I 42 I I - ----------------- ------------------ ------ _ 112 I ------ - ------------------- --- --- i IcSTP:561 I I I 7 7 ~ I I B I ________________ ________ ----------- 19351 --------------- JEROME --------- ---- P,D scale: 1.00' er P horiz, 2.00' per vert char occupancy 1 SINGLE FAM *DWELLING COMPUTATIONS Dix.Ht unit ---------- -------------Fl-~ P Y bitiRenev re e;e h fnc ----------- true ------------------ ---------- sq-ft value I bldg type SHB +consFtr.Ft area rate grade cond value dpr dar value story hgt 1 1 1 DWELLING 1 B F 1008 C 1973/A 96500 ' 5 75990 floor lvl main FRAME 1008 80200 12 GF.RAGS ]. MTL 20X22 990 _ D 1978/A 6980 30 9760 basement 1008 11900 I ---------------- --------------- --------- --------- --------- subtotal 92100 I acres/ efecty dpth actual efecty --------------- extnd influence ---------- true ------------------ ------ SHINGLE roof GABLE I frntge frntge dpth fctr rate rate value factorls) value --------------B 1 2 U A------------------------__ homesite 1.00 35000 35000 35000 plstr/drywall X heating 120 D- i road .03 35000 unfnshd wall X plumbing 2000 I floor/carpet X garbcarports 2100 I floor/concret X ext features 1500 I N O N O O O number of rms 1 5 bedrooms 2 insulation F NO HEAT std plumbing 1 xtra 2-fxture 1 total value 96500 ~ I ALL PUB UTIL'S ~ ALL PRIV UTIL'S ~ PRIV WATER ~ PUB PAVED ST/RD ~ code 1700 ~ dwl/gar/nc8 105 ~ _____________________________ X311 bdC{:: - - sicn: date: 11/Dt"/G6 lister:NC --------17-OO1~G^_8.100-vG20619 fh N O O O