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010-02 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No 30043 10-02 Ordinance No ................................................................... Passed .................................................................., ....................... AN ORDINANCE TO ACCEPT AN ANNEXATION OF 42.387+/- ACRES IN CONCORD TOWNSHIP, DELAWARE COUNTY, TO THE CITY OF DUBLIN WHEREAS, on December 3, 2001, the Delaware County Commissioners approved the annexation petition filed by Franklin E. Eck, Jr., Attorney for Richard C. Brahm, Agent for Petitioners, Muirfield Village Golf Club, Dublin, Ohio, and the City of Dublin; and WHEREAS, Council is of the opinion that this territory should be annexed to the City of Dublin. NOW, THEREFORE, E IT ORDAINED, by the Council of the City of Dublin, State of Ohio, of the elected members concurring: Section 1. That the petition for the annexation of 42.387+/- acres (see attached legal description, Exhibit "A") to the City of Dublin, Ohio is hereby accepted. Section 2. That this Ordinance shall take effect and be in force from and after the earliest date allowed by law. Passed this ~ -1'I ~ day of /' it , 2002. l7 Mayor -Presiding Officer ATTEST: Clerk of Council `v...• 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. . cJl. S$ ,Cl k of CouncilJ,lDublin, Ohio I~ _m 2 W ~44~ W s N^ !n ~N ,00'l8l 3 „£'F,BSOL N ~ cV ~ ~ Q o V ~ Ci ~ ~ ~Qatiz~ ~~Q~ mv~ ~o ~o~ ~"o`O o omo°~o tio~o O ~ ho aj QiWU N i m ~ m O~ m Ci ~ ~ O O 0 O o ~ ~ ~ ~ ~ O ~ ~o o ~ ~h~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~Aq~ ~ ~ ~~ o ° ~ ~ ~~°W N Q o W~~ L a _~ ~ N ~N ~ ~ ~ A o° ~wr o '° ~: ~W m r Oi ~ ~ Gi~~W ~ ~~ > ~~:, ~ ; •~ ~ S+' .. r _. ~. . ~ -. _ ~, i ~ i n .. ._ _ _..: ~ ~~ & u O q W U~ O ,& _ °' o ,a $a?I w opio 0 w~ km~l V 14r ~~_~ W~~N JJN~ S~mN O~ IIV n ~ ~OQ~ J J ~ ~ s~~~ o m 0 3 h~ nh ~~ ~N ~~ 2 V ~ N ~~~~ A~~~ ~~~~ ~ a .o~ S N h Zvi e Delaware County Commissioners oe~-wnRE Deborah B. Martin COUNTY James D. Ward isos Don Wuertz County Administrator Clerk to the Commissioners David Cannon Letha George December 5, 2001 Ms. Anne C. Clark Clerk of Dublin City Council 5200 Emerald Parkway Dublin, Ohio 43017 RE: Annexation of 42.387 Acres Concord Township to City of Dublin Dear Ms. Clark: The Delaware County Commissioners in Regular Session on Monday, December 3, 2001, adopted a Resolution granting Prayer of Petition for 42.387 acres, more or less, from Concord Township to the City of Dublin.. I am herewith forwarding 3 copies of the annexation petition, along with a certified copy of the Commissioners Journal Resolution for annexation and all papers and documents that were filed ~"'""' with Commissioners regarding this annexation. If you have questions, please feel free to call me at 740-833-2106. Sincerely, Letha George, Clerk to the Commissioners ~;z..+•Q j,e~1 ~/ p ,: ~tQCC`~~ 0~ as say ~ `?e~ ; ~~~~(SCi:a Delaware County Commissioners, 101 North Sandusky Street, Delaware, Ohio 43015 (740) 833-2100 (740) 548-7313 FAX: (740) 833-2099 E-mail: county~co.delaware.oh.us DELAWARE COUNTY 1808 December 5, 2001 Ms. Barbara Hughes Concord Township Clerk 7250 Dublin Road Delaware, Ohio 43015 Delaware County Commissioners Deborah B. Martin James D. Ward Don Wuertz County Administrator David Cannon Clerk to the Commissioners Letha George RE: Annexation of 42.387 Acres Concord Township to City of Dublin Dear Ms. Hughes: The Delaware County Commissioners in Regular Session on Monday, December 3, 2001, adopted a Resolution granting Prayer of Petition for 42.387 acres, more or less, from Concord Township to City of Dublin. If you have questions, please feel free to call me at 740-833.2106. Sincerely, Letha George, Clerk to the Conunissioners Delaware County Commissioners, 101 North Sandusky Street, Delaware, Ohio 43015 (740) 833-2100 (740) 548-7313 FAX: (740) 833-2099 E-mail: county~co.delaware.oh.us Delaware County Commissioners Deborah B. Martin James D. Ward Don Wuertz County Administrator Clerk to the Commissioners David Cannon Letha George December 5, 2001 Mr. Richard C. Brahm Attorney at Law 145 East Rich Street Columbus, Ohio 43215 RE: Annexation of 42.387 Concord Township to City of Delaware Dear Mr. Brahm: The Delaware County Commissioners in Regular Session on Monday, December 3, 2001, adopted a Resolution Granting Prayer of Petition for 42.387 acres, more or less, from Concord Township to the City of Dublin. I am herewith forwarding a certified copy of the Commissioners Journal Resolution for annexation. If you have questions, please feel free to call me at 740-833-2106. Sincerely, ~ ~~ Letha George, Clerk to the Commissioners Delaware County Commissioners, 101 North Sandusky Street, Delaware, Ohio 43015 (740) 833-2100 (740) 548-7313 FAX: (740) 833-2099 E-mail: county~co.delaware.oh.us Delaware County Commissioners DELAWARE Deborah B. Martin COUNTY James D. Ward isos Don Wuertz County Administrator Clerk to the Commissioners David Cannon Letha George RESOLUTION NO.Ol-1423 ORDER OF COMMISSIONERS FOR ANNEXATION OF 42.387 ACRES FROM CONCORD TOWNSHIP TO THE CITY OF DUBLIN: It was moved by Mr. Wuertz, seconded by Mrs. Martin to approve the following resolution: The Commissioners of Delaware County, Ohio having on the 3rd day of December 2001, heard the petition of the majority of landowners in the area described to obtain Annexation of territory described in the petition to the City of Dublin, and having in open meeting heard all the persons desiring to be heard for or against the granting of said petition had having considered any affidavits presented with reference thereto and benmg fully advised in the premises do find that: 1. The petition contains all matters required by Sections 709.02 of the Ohio Revised Code; 2. Notice has been published as required by the Ohio Revised Code Section 709.03 and 709.031 and Ordinance has been adopted by and submitted by the City of Dublin as required by Section 709.031(B) of the Revised Code; 3. The persons whose names are subscribed to the petition are the real owners of real estate in the territory described in the petition and as of the time the petition was. filed with this Board of County Commissioners the number of valid signatures on the petition constitute a majority of the owners of real estate in the territory proposed to be annexed. 4. The territory included in the annexation petition is not unreasonably large; 5. The plat of the territory to be annexed is accurate, and 6. The general good of the territory sought to be annexed will be served if the annexation petition is granted, and It is hereby ordered that the prayer of said petition be granted and that the territory described in said petition be annexed, signed by a majority in accordance with law, and that a certified transcript, signed by a majority of this Board, of all orders and proceedings of said Board relative to said petition and the hearing thereon, together with said petition and the maps attached hereto, and all papers on file relating to said matter, be delivered to the Clerk of the City of Dublin, Ohio. Vote on Motion Mr. Wuertz Aye Mrs. Martin Aye Mr. Ward Aye Approved December 3, 2001 I hereby certify that the above resolution is a true and correct copy of Commissioners' Journal No. 42, Page 458, Delaware County Commissioners' Office, Delaware County, Ohio. December 5, 2001 Le a George, Clerk to the Commissioners Delaware County Commissioners, 101 North Sandusky Street, Delaware, Ohio 43015 (740) 833-2100 (740) 548-7313 FAX: (740) 833-2099 E-mail: county~co.delaware.oh.us CI' ` DRAKE RD . ~~.lDS C k~ C J t '.°x ~oR T ta~~r~rrox cr ~, ~~ ~` ~~ ~ `~ EEC OR J , ~ ~ ~ ~ J ~ ~ v ~R B K~~~ UR R DR ~ ~R J~ o v~~R E pR tS RJR ~ 5 nR°~ z ° _,.. UR 1 ZETI.~: 1 AvE~ ~'' e ~-: CAIRLOCH v~ ,~ ~' xc cT s~.~ ~ _. oo~ OR ',~ i~ ~ l~ ~~~ g G ~~~~~ ERftORE CT ~~ c ctEx TANAR ~.{~~~ d T~ ~~ "``IUU~y d ~~t9 ~ m SIGN UP SHEET FOR DECEMBER 3, 2001 7:30 PM Public Searing of Annexation Petition for 42.387 Acres from Concord 'township to City of Dublin blic Hearing of Annexation P ' Petition for 53.958 Acres from Berkshire Township u 7;45 PM to Village of Sunbury i 462 Acres from Township of Petition for 136 on 8:00 Pi\t Public Hearing of Annexat . Delaware to City of Delaware of Annexation i H Petition for 32.4 Acres from Orange Township to ng ear 8:15 PA1 Public City of Columbus NAMF. ADDRESS 1 ~.. J y3,c~-w,~~ ~ . 2 ,. 3 ~'lu~Lc, ~u-,Q,Q~;ra,~.,. ~.~.Q,~..~,~, o~.e ~. 4 ~,~,~,F~~. ,3~-,~~~,-y-- ~-z,~.~~~ C~ . 6 - - ~. 7 ~' 8 - ~~-~ 9 - ~ -r 10 5~ ~ ~x~ 11 ~"~ ~1.~8~.~,~ ~~ ~d-~ two 12 -y Q,,. 13 ~1~~ ~~~. ~. ~ 14 ~K ~-~ k ~ K /. if 16 1'~ ~ ~ 19.1 e uvC ~o~v~t-~~~5 l~~r~ 20 ~~~ a ~~~3:z /~ ~1~~ ~~ 2 ~~~ ~v~ ~~~ ~3,, ~'~~ ~ ~ CHRIS BAUSERMAN, P.E.. P.S. COUNTY ENGINEER Delaware County Commissioners 101 North Sandusky Street Delaware, Ohio 43015 Re: Resolution No. O1 - 1047 Honorable Commissioners, 50 CHANNING STREET, DELAWARE, OHIO 43015 (6141 368-1930 • 548-7313. EXT. 1930 • FAX 368-1941 November 20, 2001 COPY ' Transmitted herewith is information regarding the annexation petition of lots/lands 42.387 acres, more or less, in Concord Township petitioned to be annexed to City of Dublin. Upon review and in accordance with the Exhibit "B" (Definition of Full Description and Accurate Map) of the Delaware County Annexation Guidelines (revised and adopted 11/1999), the annexation was found to be: ® ACCURATE ^ INACCURATE (see below, information is either missing or incorrect) ^ Bearings ^ Distances^ Public roads ^ Existing corporation limits ^ Public land survey lines ^ Property lines ^ Plat references ^ Lot numbers ^ Owner's names ^ Identification of territory ^ Acreage ^ Length of county/township roads within territory ^ North Arrow ^ Bar Scale ^ Date, name, and seal of surveyor or ^ Inadequate point of beginning ^ Poor plat clarity/presentation ^ Unacceptable closure (less than I in 10,000) Additional Comment(s):The township name is left off of the plat, but it is adequately stated in the legal description Sincerely, Chris Bauserman, P.E., P.S. Delaware County Engineer Attachments: 1 CC: File Delaware County Commissioners DELAWARE Deborah B. Martin counlTY ~ James D. Ward ssos Don Wuertz County Administrator Clerk to the Commissioners David Cannon Letha George RESOLUTION \'O. 01-1047 IN THE MATTER OF SETTING DATE AND TIME FOR HEARING OF ANNEXATION PETITION FILED FOR ANNEXATION OF LANDS 42.387, MORE OR LESS, ACRES FROM CONCORD TOWNSHIP TO CITY OF DUBLIN AND GIVING NOTICE OF SAME TO AGENT FOR PETITIONERS: It was moved by, Mrs. Martin, seconded by Mr. Wuertz to adopt the following: Whereas, the Clerk of the Board of County Commissioners has given notice of the filing of a petition for annexation of certain real estate in Concord Township to City of Dublin, and Whereas, Richard C. Brahm, 145 East Rich Street, Columbus, Ohio 43215 has been designated as agent for the petitioners. Now Therefore.Be It Resolved, that Monday, December 3, 2001, at 7:30 PM in the hearing room of the Board of County Commissioners of Delaware County, 101 Sandusky Street, Delaware, Ohio be set as date, time and place for hearing on same pursuant to Section 709.031 of the Ohio Revised Code; Further Be It Resolved, that the Clerk of the Board of Commissioners shall give notice to the Agent for the Petitioners of this action and file copies of said petition and maps with the County Auditor and with the County Engineer so he may verify accuracy of said maps. Vote on Motion Mrs. Martin Aye Mr. Ward Aye Mr. Wuertz Aye Approved on September 17, 2001 °= I hereby certify that the above resolution is a true and correct copy of Commissioners' Journal No. 42, Page 241, Delaware County Commissioners Office, Delaware County, Ohio. September 17, 2001 _ , / ~~~~~ Je fifer Wa ven Assistant Clerk to the Commissioners ,~, Delaware County Commissioners, 101 North Sandusky Street, Delaware, Ohio 43015 Delaware County Commissioners Deborah B. Martin James D. Ward Don Wuertz County Administrator Clerk to the Commissioners David Cannon Letha George September 19, 2001 Mr. Richard C. Brahm 145 East Rich Street Columbus, Ohio 43215 RE: Annexation of 42.387 Acres Concord Township to the City of Dublin Dear Mr. Brahm: Enclosed you will find a copy of the Resolution passed by the Delaware County Commissioners on September 17, 2001, setting Date and Time for Hearing of Annexation Petition Filed for Annexation of 42.387 more or less, acres of land from Concord Township to the City of Dublin. If I can be of further assistance, please contact me at 740-833-2106. Sincerely, Letha George Delaware County Clerk to the Board of Commissioners Delaware County Commissioners, 101 North Sandusky Street, Delaware, Ohio 43015 ream R~~-2100 (740) 548-7313 FAX: (740) 833-2099 E-mail: county~co.delaware.oh.us Delaware County Commissioners Deborah B. Martin James D. Ward Don Wuertz County Administrator Clerk to the Commissioners David Cannon Letha George September 19, 2001 Mr. Chris Bauserman Delaware County Engineer 50 Channing Street Delaware, Ohio 43015 Dear Chris: Transmitted herewith is an annexation petition with a map attached for annexation of 42.387, more or less, acres of land in Concord Township to the City of Dublin. Please check the accuracy of the maps and description and advise this office of same prior to the hearing on December 3, 2001, at 7:30 PM. Sincerely Delaware County Commissioners Letha George Delaware County Clerk to the Board of Commissioners c: Dave Yost, Auditor Shoreh Elhami GIS Director File Delaware County Commissioners, 101 North Sandusky Street, Delaware, Ohio 4301 S (740) 833-2100 (740) 548-7313 FAX: (740) 833-2099 E-mail: county~co.delaware.oh.us .!a'I'1 OF Dl RLI\ Dublin City Council `°°"00 Emerald Parkway n, Ohio 43017-1006 Phone/TDD: 614-410.4400 Fax: 614-761-6590 Web Site: www.dublin.oh.us Mayor Chaarles W. Kranstuber Vice Mayor Robert E. Adamek lathy A. Baring Thomas M. McCash Gregory S. Peterson John G. Reiner Marilee Chinnici-Zuercher Clerk of Council Anne Clarke •nr r,~ rtip~•T~p"1`;t i ~ r: ~.r .. l ~ E October 17, 2001 Office of Delaware County Commissioners Attention: Letha George 101 N Sandusky Street Delaware OH 43015 RE: Annexation petition by Richard C. Brahm, Agent for Petitioners Muirfield Village Golf Club and City of Dublin, for 42.387+/- Acres in Concord Township, Delaware County, to the City of Dublin Dear Ms. George: Enclosed is a certified copy of Resolution 48-01, which sets forth a statement of services to be provided to this proposed annexation area. The resolution is effective upon passage per the Revised Charter for the City of Dublin. I understand that a hearing date on this petition has been set as December 3, 2001 at 7:30 p.m. by the Delaware County Commissioners. Please contact me if you need additional information. Sincerely, L~-L Anne C. Clarke Clerk of Council Enc. (1) ~_ .,, SHULEI-~, PLANK & BHAHM A LEGAL PROFESSIONAL ASSOCIATION 145 E. RICH STREET COLUMBUS, OHIO 43215-5240 GORDON P. SHULER TELEPHONE (614) 228-4546 DONALD T. PLANK TELECOPIER (614) 228-1472 RICHARD C. BRAHM E-MAIL: email~spb-law.com MARK A. PETERSON Writer'sDueCtE-Mail: feCk@spb-law.COm PATRICK H. BOGGS December 3, 2001 ~~ Ms. Letha George, Clerk Via Hand Delivery . _~ Delaware County Commissioners 101 North Sandusky Street Delaware, Ohio 43015 MICHAEL F. RYAN FRANKLIN E. ECK, JR. SAMANTHA A. SHULER CATHERINE A. CUNNINGHAM DAVID WATKINS RE: Petition to Annex 42 387 acres in Concord Township to the Citv of Dublin, Ohio, Dear Ms. George: Enclosed please find the following documentation: 1. Notice of Filing of Petition for Annexation to the Clerk of the City of Dublin, Ohio; and 2. Notice of Filing of Petition for Annexation to the Clerk of the Concord Township Board of Township Trustees; and 3 . Proof of Publication in the Delaware Gazette; and 4. Notice of Publication to the Clerk of the City of Dublin, Ohio; and 5. Notice of Publication to the Clerk of the Concord Township Board of Township Trustees. Should you have any questions or comments, please call. Sincerely, SHULER, PLANK &BRAHM A L ofessional Association ranklin E. Eck, Jr. FEE/fe enclosures ,~.,~ NOTICE OF FILING OF PETITION FOR ANNEXATION To: The City of Dublin, Ohio Municipal Clerk In accordance with Section 709.03 of the Ohio Revised Code, notice is hereby given that a petition for annexation to the City of Dublin, Ohio for 42.387 acres, more or less, in Concord Township, Delaware County, Ohio, was filed with the Board of County Commissioners of Delaware County, Ohio on September 10, 2001. A copy of said petition, together with the description and plat, is attached hereto and made a part hereof. ranklin E. Eck, 7r., Attorney for Richard C. Brahm, Agent for Petitioner 145 East Rich Street, 4th Floor Columbus, Ohio 43215 (614) 228-4546 RECEIPT Receipt is hereby acknowledged of a copy of the Petition for Annexation, the above Notice of Filing of Petition for Annexation, the legal description and the plat, this ~~~" day of September, 2001. C~~~Q- ~~ City of Dublin, Ohio Mu ip Clerk NOTICE OF FILING OF PETITION FOR ANNEXATION To: Concord Township Clerk In accordance with Section 709.03 of the Ohio Revised Code, notice is hereby given that a petition for annexation to the Village of Shawnee Hills, Ohio for 42.387 acres, more or less, in Concord Township, Delaware County, Ohio, was filed with the Board of County Commissioners of Delaware County, Ohio on September 10, 2001. A copy of said petition, together with the description and plat, is attached hereto and made a part hereof. • ~., ~ Franklin E. Eck, 7r., Attorney or Richard C. Brahm, Agent for Petitioner 145 East Rich Street, 4th Floor Columbus, Ohio 43215 (614) 228-4546 RECEIPT Receipt is hereby acknowledged of a copy of the Petition for Annexation, the above Notice of Filing of Petition for Annexation, the legal description and the plat, this 4 l` day of September 2001. Concord Towns Clerk 'yL. ~ ~ r'~' r ... +ri~; r. PETITION FOR ANNEXATION ~' ~' # ®''"} f ~• ~" ~UF ' ' ` ° P(y1y;~ 1;> TO THE CITY OF DUBLIN, OHIO OF 42.387 ACRE, ' c; - ., " t' MORE OR LESS, IN CONCORD TOWNSHIP IN DELAWARE COUI~'~'Y,~(~Hl~ ~l. r,. r-, ,... TO: THE BOARD OF COUNTY COMMISSIONERS OF ~ ' ~ ~ ` = ` '~'~ ~~ DELAWARE COUNTY, OHIO Now comes the undersigned petitioners in these premises, being a majority of the owners of certain property as hereinafter described, containing 42.387 acres, more or less, in Concord Township, Delaware County, which property is contiguous and adjacent to the City of Dublin, Ohio, according to the statutes of the State of Ohio, and request that their property be annexed to the City of Dublin, Ohio. An accurate description of the territory sought to be annexed is attached hereto and made a part hereof as Exhibit "A". A map or plat of the above-described territory sought to be annexed is attached hereto and made a part hereof as Exhibit "B". The number of owners in the territory sought to be annexed is two (2). Richard C. Brahm, 145 East Rich Street, 4th Floor, Columbus, Ohio 43215, (614) 228-4546, is hereby appointed agent for the undersigned petitioners, as required by Section 709.02, Ohio Revised Code; and said petitioners' agent is hereby authorized to make any amendments and/or deletions which in his absolute and complete discretion are ~- proper under the circumstances then existing. In addition, the petitioners' agent is authorized to make such amendments and/or deletions in the petition, map, plat or description in order to correct any discrepancy or mistake noted by the County Engineer or others in their examination of the petition, map, plat or description. Amendments to correct the map, plat or description may be made by the presentation of an amended map 1 ~~ or plat and description to the Board of County Commissioners on, before or after the date set for hearing of this petition. Muirfield Village Golf Club 5750 Memorial Drive P.O. Box 565 '"~"'"' Dublin, O •0 43017 .,~' By: Its: ~ c.t S i Date: ~ • `~ • ~ ~ PETITION FOR ANNEXATION TO THE CITY OF DUBLIN, OHIO OF 42.387 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP IN DELAWARE_ COUNTY, OHIO TO: THE BOARD OF COUNTY COMMISSIONERS OF DELAWARE COUNTY, OHIO Now comes the undersigned petitioners in these premises, being a majority of the owners of certain property as hereinafter described, containing 42.387 acres, more or less, in Concord Township, Delaware County, which property is contiguous and adjacent to the City of Dublin, Ohio, according to the statutes of the State of Ohio, and request that their property be annexed to the City of Dublin, Ohio. An accurate description of the temtory sought to be annexed is attached hereto .and made a part hereof as Exhibit "A". A map or plat of the above-described temtory sought to be annexed is attached hereto and made a part hereof as Exhibit "B". The number of owners in the territory sought to be annexed is two (2). Richard C. Brahm, 145 East Rich Street, 4th Floor, Columbus, Ohio 43215, (614) 228-4546, is hereby appointed agent for the undersigned petitioners, as required by Section 709.02, Ohio Revised Code; and said petitioners' agent is hereby authorized to make any amendments and/or deletions which in his absolute and complete discretion are ~~ proper under the circumstances then existing. In addition, the petitioners' agent is authorized to make such amendments and/or deletions in the petition, map, plat or description in order to correct any discrepancy or mistake noted by the County Engineer or others in their examination of the petition, map, plat or description. Amendments to correct the map, plat or description may be made by the presentation of an amended map 1 ~..., or plat and description to the Board of County Commissioners on, before or after the date set for hearing of this petition. City of Dublin Ohio 5200 Emerald Parkway Dublin, Ohio 43016 tephen 7. Smith, Director of Law City of Dublin, Ohio as authorized pursuant to the motion of the Dublin City Council Date: ~6vST2p~;a~l ,~ ..., STATEMENT BY RICHARD C. BRAHM, PETITIONER' S AGENT FOR THE ANNEXATION OF 42.387 ACRES, MORE OR LESS, FROM CONCORD TOWNSHIP, DELAWARE COUNTY, OHIO, TO THE CITY OF DUBLIN, OHIO Richard C. Brahm, 145 East Rich Street, Columbus, Ohio 43215, hereby represents as follows: Lot Number Names of Owners Owners Address Signed or Acreage as they Appear on Petition Deed 41.260 Acres Muirfield Village Golf Club 5750 Memorial Drive Yes P.O Box 565 Dublin, Ohio 43017 1.127 Acres City of Dublin, Ohio 5200 Emerald Parkway Yes Dublin, Ohio 43016 1. Number of owners of real estate in territory: Two. 2. Number of owners of real estate signing petition: Two. 3. Percent of signature of total number of owners of real estate: 100%. lI ~~ ®/ By Franklin E. Eck, 7r. Attorney r Richard C. Brahm, Petitioner's gent ~~ .., August 30, 2001 EXHIBIT DESCRIPTION OF A 42.387 ACRE TRACT TO BE ANNEXED FROM CONCORD TOWNSHIP, DELAWARE COUNTY, OHIO TO CITY OF DUBLIN, OHIO (MUIRFIELD VILLAGE GOLF CLUB) D D Situated in the State of Ohio, County of Delaware, Township of Concord, in Virginia Military Survey No. 2545, and being all or portions of the following tracts of land: 1. all of a 41.260 acre tract of land conveyed to Muirfield Village Golf Club ,,,~, by deed of record in Deed Book 494, Page 653; 2. the portion of Dublin Road (Ohio Route 745) (70 feet wide) immediately +~+ adjacent to and west of said 41.260 acre tract; all references being to the Recorder's Office, Delaware County, Ohio, and bounded and described as follows: Beginning at a point in the westerly line of a tract of land conveyed to Village of Dublin, Ohio for Dublin Road (Ohio Route 745) right-of-way purposes as shown on the plat of Muirfield Village Phase 8 of record in Plat Book 12, Pages 23, 24, 25 and 26, said point being at the intersection of the westerly right-of-way line of Dublin Road (Ohio Route 745) with a north line of said 41.260 acre tract, the south line of a 6.053 acre tract of land conveyed to Mary J. Buchsieb by deeds of record in Deed Book 451, Page 254 and Deed Book 562, Page 411 and the south line of the existing Shawnee Hills Corporation Line established by Ordinance No. 184, December 28, 1973, of record in Plat Book 10, Page 90, extended westerly; thence N 71 ° 38' 28" E crossing a portion of said tract of land conveyed to Village of Dublin for Dublin Road (Ohio Route 745) right-of-way purposes, crossing a portion of a 1.282 acre tract of land conveyed to Village of Dublin, Ohio for Dublin Road (Ohio Route 745) right-of-way purposes by deed of record in Deed Book 411, Page 660, crossing a portion of Dublin Road (Ohio Route 745) along a portion of the south line of said Village of Shawnee Hills Corporation Line established by Ordinance No. 184, along a north line of said 41.260 acre tract, along the south line of said 6.053 acre tract and along a south line of a 1.500 acre tract of land conveyed to C.M.S. Investment Co. by deed of record in Deed Book 486, Page 318, and subsequently recorded as Winners Office Park Condominium in Plat Book 22, Pages 95 through 102, a distance of 707.60 feet to a point at the southwest corner of said 1.500 acre tract, at the southeast corner of a 0.500 acre tract of land conveyed to South Heidelberg Inc. by deed of record in Deed Book 506, Page-466, at the northwest corner of a 0.186 acre tract of land conveyed to South Heidelberg Inc. by deed of record in Deed Book 506, Page 462 and at a corner of said 41.260 acre tract; thence S 16° 02' 09" E along an east line of said 41.260 acre tract, along the east line extended southerly of said 1.500 acre tract, along the west line extended southerly of said 0.500 acre tract and along the west line of said 0.186 acre tract a distance of 20.02 feet to a point at the southwest corner of said 0.186 acre tract and at a corner of said 41.260 acre tract; thence N 71 ° 38' 28" E along a of a north line of said 41.260 acre tract and along a of a south line of said 0.186 acre tract a distance of 89.17 feet to a point at a corner of said 41.260 acre tract and at a corner of said 0.186 acre tract; Page 1 of 3 01-079/Kroger Revised Annex.doc August 30, 2001 thence N 71 ° 34' 37" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 123.46 feet to a point at a corner of said 41.260 acre tract and at a corner of said 0.186 acre tract; thence N 78° 33' S5" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 68.92 feet to a point at a corner of said 41.260 acre tract and at a corner of said 0.186 acre tract; thence N 80° 28' 28" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 36.91 feet to a point at a corner of said 41.260 acre tract and at a corner of said 0.186 acre tract; ~~, thence N 73° 38' 36" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 36.31 feet to a point at the southeast corner of said 0.186 acre tract, at the northeast corner of said 41.260 acre tract and in the west line of a 10.7 acre tract of land conveyed to The City of Columbus by deed of record in Deed Book 160, Page 174; thence S 34° 51' 08" E along an east line of said 41.260 acre tract and along a portion of a west line of said 10.7 acre tract a distance of 1,181.76 feet to a point at a corner of said 41.260 acre tract and at the southwest corner of said 10.7 acre tract; thence N 70° 58' 33" E along a north line of said 41.260 acre tract and along the south line of said 10.7 acre tract a distance of 181.00 feet to a point at a corner of said 41.260 acre tract, at the southeast corner of said 10.7 acre tract and in the west bank of the Scioto River at the low water mark; thence S 15° 52' 51" E along an east line of said 41.260 acre tract and along a portion of the low water mark of said west bank of the Scioto River a distance of 245.77 feet to a point at the southeast corner of said 41.260 acre tract and at the northeast corner of Lot Number 4013 as shown on the plat of Hiland Heights, of record in Plat Book 5, Pages 21, 22 and 23; thence S 71 ° 00' 43" W along the south line of said 41.260 acre tract, along the north lines of Lot Nos. 4013, 4012, 4011, 4010, 4009, 4008 and 4000, crossing a portion of the right-of-way of Dublin Road (Ohio Route 745), crossing a portion of said 1.282 acre tract and crossing a portion of said tract conveyed to Village of Dublin for Dublin Road (Ohio Route 745) right-of-way purposes a distance of 1,606.63 feet to a point in the westerly right-of-way line of Dublin Road (Ohio Route 745); thence N 16° 47' 54" W along a portion of the westerly right-of-way line of Dublin Road (Ohio Route 745) a distance of 1,099.38 feet to an angle point of the westerly right-of-way line of Dublin Road (Ohio Route 745); thence N 16° 36' 11" W along a portion of the westerly right-of-way line of Dublin Road (Ohio Route 745) a distance of 330.52 feet to the place of beginning; containing 42.387 acres of land more or less. The above description was prepared by Jay R. Miller, Ohio Surveyor No. 8061, of C. F. Bird & R.J. Bull, Inc., Consulting Engineers and Surveyors, Columbus, Ohio, for annexation purposes only from best available Court House records in August, 2001. Basis of bearings is the centerline of Dublin Road -Ohio Route 745, being S 16° 29' Page 2 of 3 01-079/Kroger Revised Annex.doc August 30, 2001 49" E, as shown upon the plat of Muirfield Villag~h~„~„e,,.,8..; of record in Plat Book 12, Pages 23, 24, 25 and 26, Recorder's Office, D P'rf~,~ Ohio. f ~ .- - s ~~ j 1~N~ ~ M~~06R . 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Th~J~,1AS, h4ta>YY ~t~'x?+% f ~, Cc ;!r.::sion ty.~i;eS1~;:ch '~` ,.~ ~~~,,,~"..3 ~~O.oa~io,d #~U `~-~ c ~~~ ~ ~ ~ x~ ,,t~~~t~' ~ ~ c n^'°a~a~Zow `... ~ ~'~3~$ria g o.c•~ ~o~,c ~ N~~ C~^ NOTIFICATION OF PUBLICATION AND HEARING TO: Dublin City Clerk NOTICE OF PUBLICATION AND HEARING Please take notice that attached hereto and made a part hereof as "Exhibit A" is a copy of the Legal Notice which will appear in The Delaware Gazette once each week for a period of four consecutive weeks, giving notice of the hearing on the annexation described therein, setting the date for hearing before the Board of County Commissioners of Delaware County, Ohio, as Monday, December 3, 2001, and establishing the place for the hearing as the Commissioners' Hearing Room, 101 Sandusky Street, Delaware, Ohio said hearing to begin on or about 7:30 p.m. chard C. Brahm, ent for Petitioners ACKNOWLEDGMENT OF RECEIPT I hereby acknowledge receipt of the above Notice and copy of "Exhibit A," which was attached thereto and made a part thereof, on this ~~fih day of September, 2001. Dublin City Clerk LEGAL NOTICE Notice is hereby given that a petition signed by a majority of the owners of real estate in the territory hereinafter described, addressed to the Board of County Commissioners of Delaware County, Ohio, was filed with the Board of County Commissioners to annex the following described territory from Concord Township, Delaware County, to the City of Dublin, Ohio described as follows: Situated in the State of Ohio, County of Delaware, Township of Concord, in Virginia Military Survey No. 2545, and being all or portions of the following tracts of land: 1. all of a 41.260 acre tract of land conveyed to Muirfield Village Golf Club by deed of record in Deed Book 494, Page 653; 2. the portion of Dublin Road (Ohio Route 745) (70 feet wide) immediately adjacent to and west of said 41.260 acre tract; all references being to the Recorder's Office, Delaware County, Ohio, and bounded and described as follows: Beginning at a point in the westerly line of a tract of land conveyed to Village of Dublin, Ohio for Dublin Road (Ohio Route 745) right-of-way purposes as shown on the plat of Muirfield Village Phase 8 of record in Plat Book 12, Pages 23, 24, 25 and 26, said point being at the intersection of the westerly right-of-way line of Dublin Road (Ohio Route 745) with a north line of said 41.260 acre tract, the south line of a 6.03 acre tract of land conveyed to Mary J. Buchsieb by deeds of record in Deed Book 451, Page 254 and Deed Book 562, Page 411 and the south line of the existing Shawnee Hills Corporation Line established by Ordinance No. 184, December 28, 1973, of record in Plat Book 10, Page 90, extended westerly; thence N 71 ° 38' 28" E crossing a portion of said tract of land conveyed to Village of Dublin for Dublin Road (Ohio Route 745) right-of-way purposes, crossing a portion of a 1.282 acre tract of land conveyed to Village of Dublin, Ohio for Dublin Road (Ohio Route 745) right-of-way purposes by deed of record in Deed Book 411, Page 660, crossing a portion of Dublin Road (Ohio Route 745) along a portion of the south line of said Village of Shawnee Hills Corporation Line established by Ordinance No. 184, along a north line of said 41.260 acre tract, along the south line of said 6.053 acre tract and along a south line of a 1.500 acre tract of land conveyed to C.M.S. Investment Co. by deed of record in Deed Book 486, Page 318, and subsequently recorded as Winners Office Park Condominium in Plat Book 22, Pages 95 through 102, a distance of 707.60 feet to a point at the southwest corner of said 1.500 acre tract, at the southeast corner of a 0.500 acre tract of land conveyed to South Heidelberg Inc. by deed of record in Deed Book 506, Page-466, at the northwest corner of a 0.186 acre tract of land conveyed to South Heidelberg Inc. by deed of record in Deed Book 506, Page 462 and at a corner of said 41.260 acre tract; thence S 16° 02' 09° E along an east line of said 41.260 acre tract, along the east line extended southerly of said 1.500 acre tract, along the west line extended southerly of said 0.500 acre tract and along the west line of said 0.186 acre tract a distance of 20.02 feet to a point at the southwest corner of said 0.186 acre tract~and at a corner of said 41.260 acre tract; thence N 71 ° 38' 28" E along a of a north line of said 41.260 acre tract and along a of a south line of said 0.186 acre tract a distance of 89.17 feet to a point at a corner of said 41.260 acre tract and at a corner of said 0.186 acre tract; ~~EXHIBIT A" thence N 71 ° 34' 37" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 123.46 feet to a point at a corner of said 41.260 acre tract and at a corner of said 0.186 acre tract; thence N 78° 33' S5" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 68.92 feet to a point at a corner of said 41.260 acre tract and at a corner of said 0.186 acre tract; thence N 80° 28' 28" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 36.91 feet to a point at a corner of said °^ 41.260 acre tract and at a corner of said 0.186 acre tract; thence N 73° 38' 36" E along a north line of said 41.260 acre tract and along a south "~ line of said 0.186 acre tract a distance of 36.31 feet to a point at the southeast corner of said 0.186 acre tract, at the northeast corner of said 41.260 acre tract and in the west line of a 10.7 acre tract of land conveyed to The City of Columbus by deed of record in Deed Book 160, Page 174; thence S 34° 51' 08" E along an east line of said 41.260 acre tract and along a portion of a west line of said 10.7 acre tract a distance of 1,181.76 feet to a point at a corner of said 41.260 acre tract and at the southwest corner of said 10.7 acre tract; thence N 70° 58' 33" E along a north line of said 41.260 acre tract and along the south line of said 10.7 acre tract a distance of 181.00 feet to a point at a corner of said 41.260 acre tract, at the southeast corner of said 10.7 acre tract and in the west bank of the Scioto River at the low water mark; thence S 15° 52' S1" E along an east line of said 41.260 acre tract and along a portion of the low water mark of said west bank of the Scioto River ~a distance of 245.77 feet to a point at the southeast corner of said 41.260 acre tract and at the northeast corner of Lot Number 4013 as shown on the plat of Hiland Heights, of record in Plat Book 5, Pages 21, 22 and 23; thence S 71° 00' 43" W along the south line of said 41.260 acre tract, along the north lines of Lot Nos. 4013, 4012, 4011, 4010, 4009, 4008 and 4000, crossing a portion of the right-of-way of Dublin Road (Ohio Route 745), crossing a portion of said 1.282 acre tract and crossing a portion of said tract conveyed to Village of Dublin for Dublin Road (Ohio Route 745) right-of-way purposes a distance of 1,606.63 feet to a point in the westerly right-of-way line of Dublin Road (Ohio Route 745); thence N 16° 47' S4" W along a portion of the westerly right-of-way line of Dublin Road (Ohio Route 745) a distance of 1,099.38 feet to an angle point of the westerly right-of-way line of Dublin Road (Ohio Route 745); thence N 16° 36' 11 ° W along a portion of the westerly right-of-way line of Dublin Road (Ohio Route 745) a distance of 330.52 feet to the place of beginning; containing 42.387 acres of land more or less. The above description was prepared by Jay R. Miller, Ohio Surveyor No. 8061, of C.F. Bird & R.J. Bull, Inc., Consulting Engineers and Surveyors, Columbus, Ohio, for annexation purposes only from best available Court House records in August, 2001. Basis of bearings is the centerline of Dublin Road -Ohio Route 745, being S 16° 29' "EXHIBIT A" Page 2 49" E, as shown upon the plat of Muirfield Village Phase 8, of record in Plat Book 12, Pages 23, 24, 25 and 26, Recorder's Office, Delaware County, Ohio. Richard C. Brahm, 145 East Rich Street, 4th Floor, Columbus, Ohio, 43215 is to act as the agent for the petitioners. The petition contains an accurate map or plat of the temtory to be annexed. The petition will be on for hearing at the Commissioners' Hearing Room, 101 Sandusky Street, Delaware, Ohio on Monday, December 3, 2001 at 7:30 p.m. before the Board of County Commissioners of Delaware County, Ohio. Richard C. Brahm, Petitioner's Agent ~~EXHIBIT A" Page 3 NOTIFICATION OF PUBLICATION AND HEARING TO: Concord Township Clerk NOTICE OF PUBLICATION AND HEARING Please take notice that attached hereto and made a part hereof as "Exhibit A" is a copy of a Legal Notice which will appear in The Delaware Gazette once each week for a period of four consecutive weeks, giving notice of the hearing on the annexation described therein, setting the date for hearing before the Board of County Commissioners of Delaware County, Ohio, as Monday, December 3, 2001, and establishing the place for the hearing as the Commissioners' Hearing Room, 101 Sandusky Street, Delaware, Ohio said hearing to begin on or about 7:30 p.m. 'chard C. Brahm, gent for Petitioners ACKNOWLEDGMENT OF RECEIPT I hereby acknowledge receipt of the above Notice and copy of "Exhibit A," which was attached thereto and made a part thereof, on this ~7 day of September, 2001. Concord Townsh' Clerk ~~' m x x w .u~00Pi W ;~ n hh hN ti ~. Z ~-. ~ ~ i m e ~xj m ~ j m o o W `~ 2 U = q`3 ~ ~ IY,Z ~ g p ~ ~ W ~ ~ m Wti i U ~ Q ~ O ~i U 2 ~ U ti ~ ~ ~ O O O N O O O~ O O O ^ O ^ ~ N ^ O ~ ^ O O N 00' l81 3 „F£,BS.OL N h ~ ~ r J LL1 V¢~ 'w 0 ° O b ~ ~~~ M U m N W ° 2 ~ ti ~ Ci C~ ~~¢~ ~ N 2 v°i~~o ~' N ¢ o Ci ~ ~ ~ ti°~ ~ ~ 4~ I ti ~ ~ ~ W m Z u w i o W~~~2rn ~~Q~ mQ~ ~ ~°~ooo~ om°oe tio~o ,.~ ~h oa cnWh~ z^h z ~~ o0 vjwal4~iUry 2 m ~ ~ O J ~ ~ O = 41 y (i ~y ~ O O O raw..w ~ w o ~ ~ ~ Q g o ao O ~ O ~ ~ ,h, j ~ (°p Z ~ ~ ~1 ~ ~ ~ ~ w ~ O ~ q ' ~ F' ~ ' ~q U y ° o ~ W~C~~I ~ o o N `+' I ~ ~ . '~ O ~W~~i ~ ti ~ I ^ U ~ O ~ ~ ~ ~ ti 1 ~ _ ~ ~ U ° ti o ~ ~ ~ ~ ~ ' /y ~~0 ................ O t~+. ~W b ~•,W O i ~ ~ CO ~ > G~ N ~ ,~S ~.....*...,~M"" u ... ~~ ~~ 0 o,~ W~~ l~ O Uj U O ~ ~o ¢~NM ~j~N O~ L~ O ~p O~Ci~ Q N ~~N~ O m O 3 h nh '} N O 2 w ~ CS N M ti qt/]~~ w~~~ ~a^~ C RECORD OF RESOLUTIONS Dayton Legal Blank Co., Form No. 30045 ---- 48-0.1 ............................... Passed ................................................, . Resolution No ............................... YEAR A RESOLUTION TO SET FORTH A STATEMENT OF SERVICES TO BE PROVIDED TO THE AREA IN A PROPOSED ANNEXATION OF 42.387+/- ACRES FROM CONCORD TOWNSHIP, DELAWARE COUNTY TO THE CITY OF DUBLIN, OHIO AS REQUIRED BY SECTION 709.031 OF THE OHIO REVISED CODE. > > S , Q i ~1`I~ .7 ~r 0 .,. - o . ~~w .°... a o b Li (~ N ~~ ~ a- ... N ~ N ~ o ~ 7~~ - .c t` 0 N n r1 N rD x ° N ~~~ Q o ~ ~ ~ °« ~ [T ~ 1 o ~~ o o :: ti :~ S C~ N WHEREAS, a petition for the annexation of 42.387+/- acres from Concord Township, Delaware County was filed in the offices of the Delaware County Commissioners on September 20, 2001 by Franklin E. Eck, Jr., Attorney for Richard C. Brahm, Agent for Petitioners, 145 E. Rich Street, 4`" Floor, Columbus, OH 43215; and WHEREAS, a public hearing has been scheduled before the Delaware County Commissioners on Monday, December 3, 2001 at 7:30 p.m.; and WHEREAS, Section 709.031 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, if any, the Municipal Corporation will provide to the territory proposed for 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 annexation strategy contained in the Dublin Community Plan, adopted by Council on November 17, 1997. NOW, THERE~RE 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 42.387+/- acres in Concord Township, Delaware County upon the annexation of the area to the City of Dublin, Ohio: Police. The City provides Police and Corrnnunications service on a twenty- fourhour basis and also has mutual aid agreements with other municipalities. The annexation area lies approximately four and one-half miles northeast of Dublin's Police Division Headquarters. Dublin operates with a minimum of four cruisers on duty. A response time of approximately five minutes for an emergency situation should be expected for this area. Fire. Fire and emergency medical services protection is currently provided by well-staffed departments in Concord and Washington townships. They, too, have mutual aid agreements with other municipalities and townships. This annexation would not change fire department jurisdictional boundaries, and therefore response times for fire and emergency medical services will not be affected. The Washington Township Fire Station #93 is located approximately four miles from the annexation area and normal response times should be approximately three minutes. Sanitation. 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. ~ ~ 4 RECORD OF RESOLUTIONS Dayton Legal Blank Co., Form No. 30045 _- Resolution No ................................................................... Passed .................................................................., ....................... 8-0- ,~F;.aR Page Two Section 2. The City has SEWER and WATER service area contracts with the City of Columbus, and the subject property is within the service areas. Conditioned on the ability of the City of Columbus to provide WATER, and to provide sufficient SEWERAGE disposal capacity, the City of Dublin will have the ability to service the area. Section 3. This resolution shall be effective immediately upon its passage as provided under Section 4.04(a) of the Revised Charter. Passed this ~ day of ~~n ~t f , 2001. ayor -Presiding Officer ATTEST: L~' -- Clerk of Council ,, .. WASHINGTON TOWNSHIP FIRE DEPARTMENT ADMINISTRATIVE OFFICES Gene sostic 6279 Shier Rings Road Fire Chief Dublin, Ohio 43016-1294 Phone (614)889-2347 Fax (614)766-2507 Before the Board of County Commissioner's of Delaware County, Ohio In the matter of the petition for annexation of 42.387 acres, more or less, in Concord Township, Delaware, County, Ohio to the City of Dublin. State of Ohio: ss: County of Franklin, AFFIDAVIT OF GENE BOSTIC EXHIBIT d / D The undersigned, being duly sword and cautioned, based upon information and belief, deposes and states as follows: I am the Chief of the Washington Township Fire Department which ,: provides fire protection and emergency medical services for the City of Dublin. Our department will be available to provide the same services to the area annexed. Washington Township Fire Department is a full-time (paid) department which provides fire protection, basic and advanced life support services to its residents and business owners 24 hours per day. We have a staff of 102 full-time and 48 part-time professional firefighters and medically trained personnel operating out of four (4) fire stations which are strategically located within the City of Dublin. Each station has fire apparatus and medical vehicles which are fully staffed and equipped for fire and advanced life support emergencies. Approximately 75% of our personnel are trained to the paramedic level in the medical field. DELAWARE COUNTY BOARD OF COMMISSIONERS IN RE PETITION TO ANNEX APPROXIMATELY 42.387 ACRES OF LAND TO THE CITY OF DUBLIN AFFIDAVIT OF CITY MANGER, DIRECTOR OF PUBLIC SAFETY EXHIBIT STATE OF OHIO ) ~ ) ss ~ s COUNTY OF FRANKLIN ) Tim Hansley, having first been duly cautioned and sworn, avers as follows: 1. I am over 18 years of age, fully competent to make this Affidavit, and have personal knowledge of the facts stated herein. 2. This Affidavit is being executed and filed in connection with the proposed annexation of approximately 42.837 acres of land to the City of Dublin. 3. I have examined the development plans for the proposed annexation area. 4. I am presently the City Manager and Director of Public Safety for the City of Dublin, and in such capacity, I oversee the Dublin Police Department. 5. In my capacity as City Manager and Director of Public Safety, I represent that the City of Dublin is desirous of adding the proposed annexation area to the City and that the City has the requisite Police services to support such annexation. 6. It is my belief that the Dublin Police Department has adequate staff to service the proposed annexation area upon annexation and after it is fully developed. 7. Response time to the proposed annexation area will be adequate. FURTHER AFFIANT SAYETH NAUGHT. G~¢~ Tim Hansley, Ci Manager and Director of Public Safety Sworn to before me and subscribed in my presence this 3 ~'~ day of ~.~~» b~2 , 2001. ~r J._ _._..__..~~Ql Notary Public ~,2iv~-y_~T-~ ~;u..~ DELAWARE COUNTY BOARD OF COMMISSIONERS IN RE PETITION TO ANNEX APPROXIMATELY 42.387 ACRES OF LAND TO THE CITY OF DUBLIN AFFIDAVIT OF ASSISTANT CITY MANGER, DIRECTOR OF DEVELOPMENT EXHIBIT STATE OF OHIO ss COUNTY OF FRANKLIN ) Frank Ciarochi, having first been duly cautioned and sworn, avers as follows: I am over 18 years of age, fully competent to make this Affidavit, and have personal knowledge of the facts stated herein. 2. This Affidavit is being executed and filed in connection with the proposed annexation of approximately 42.837 acres of land to the City of Dublin. 3. I am presently Assistant City Manager and Director of Development for the City of Dublin, overseeing the Planning, Engineering, and Code Enforcement Departments of the City. 4. In my capacity as Assistant City Manager and Director of Development, I represent that the City of Dublin is desirous of adding the proposed annexation area to the City and that the City has the requisite services, including but not limited to, sewer and water, to support such annexation. 5. It is the general policy of the City of Dublin that the City's services are provided to all annexed territories in the same manner these services are provided to all City of Dublin residents. 6. I believe the general good of the territory to be annexed will be served by the proposed annexation. FURTHER AFFIANT SAYETH NAUGHT. Frank Ciarochi, Assistant City Manager, Director of Development Sworn o before me and subscribed in my presence this ~2~ day of 2001. Notary Pu is ~rr~~ - ~ ~ G~~ni~ C~v~~~.d ~ ~H0146191.1 pr>. BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DELAWARE COUNTY, OHIO IN THE MATTER OF THE PETITION FOR ANNEXATION OF 42.387 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP, DELAWARE COUNTY, OHIO TO THE CITY OF DUBLIN, OHIO AFFIDAVIT OF JOHN G. HINES ON BEHALF OF PROPERTY OWNER MUIRFIELD VILLAGE GOLF CLUB EXHIBIT a STATE OF OHIO SS COUNTY OF FRANKLIN The undersigned, being first duly cautioned and sworn, deposes and says: 1. The undersigned is the duly authorized representative of Muirfield Village Golf Club ("MVGC") and has been authorized by MVGC to execute this Affidavit. 2. MVGC is the owner of approximately 42.387 acres of property in Concord Township, Delaware County, Ohio (the "Township"). MVGC signed an annexation petition on July 9, 2001 seeking to annex its property to the City of Dublin, Ohio ("Dublin"). MVGC is still in favor of annexation to Dublin and reaffirms its signature on the annexation petition. 3. The 42.387 acres of property owned by MVGC is currently undeveloped, but has a great deal of development potential. MVGC anticipates that the property will develop in the near future and, after having investigated the services available to the property from Dublin and from the Township, has concluded that it is better off financially and the development potential £~ is furthered by annexation to Dublin. •~ - 4. Water and sanitary sewer service are necessary for proper development of the property. Water and sanitary sewer service are currently available from Dublin through its contract and exclusive service area with the City of Columbus, Ohio. In MVGC's opinion, only Dublin can economically provide water and sanitary sewer service to the property as desired by MVGC. 5. MVGC has also investigated the other services available to the property from Dublin, and believes that Dublin services, including 24-hour police protection, fire protection through Washington Township, provision of water, sewer and zoning and other services, will benefit the property. 6. Dublin has a comprehensive zoning and sign code. MVGC has had a great deal of experience in dealing with Dublin and the development of its other properties neighboring the property sought to be annexed. MVGC believes that development and implementation of the zoning plan, as well as the sign code, is better in Dublin than in the Township. Further, MVGC has worked with development and planning and engineering staffs with Dublin, and has extensive experience with them. The property will benefit from Dublin's experience with them. The property will benefit from Dublin's expertise and development, and the annexation will once again enhance the development potential of the property. In summary, MVGC believes that the general good of the territory sought to be annexed will be best served by annexation to Dublin. Dublin cannot only provide adequate service, but in the opinion of MVGC superior services, to those being provided and available to it while it remains in the Township. After investigation, MVGC determined that the property will not be deprived of any essential service by annexation to Dublin. 7. MVGC does not believe that the territory sought to be annexed in this annexation is unreasonably large. Dublin is one of the fastest growing cities in Franklin and Delaware Counties, with a population exceeding 25,000. The territory to be annexed is but a small part of the Township. The territory is contiguous with Dublin along its entire southern border. There are no natural or geographic hurdles to the territory being annexed. MVGC does not believe Dublin will have any problems in providing the services to the property that are desired by the undersigned. Annexation of the property will not cause the Township to go out of existence. Further affiant sayeth naught. Muirfield Village Golf Club 5750 Memorial Drive P.O. Box 565 Dublin, O i 43017 By: Narrriee• John fines Title: Executive Vice President Date: l~n~ ,~ ,~ ~ , , 2001 Sworn to before me and subscribed in my presence by John G. Hines, the Executive Vice President of Muirfield Village Golf Club, this s ELAINE BLANKEMEYER Notary Public, State of Ohio My Commissbn E~ires 07-08-08 day of ~~~,"`"' 2001. Public 2 SHULER, PLANK & BI~_AI~M A LEGAL PROFESSIONAL ASSOCIATION GORDON P. SHULER DONALD T. PLANK RICHARD C. BRAHM MARK A. PETERSON PATRICK H. BOGGS 145 E. RICH STREET COLUMBUS, OHIO 43215-5240 TELEPHONE (614) 228-4546 TELECOPIER (614) 228-1472 E-MAIL: emall~spb-law.com Writer's Duect E-Mail: feck@spb-law.com September 25, 2001 Ms. Anne C. Clark Clerk, City of Dublin, Ohio 5200 Emerald Parkway Dublin, Ohio 43016 MICHAEL F. RYAN FRANKLIN E. ECK, JR. SAMANTHA A. SHULER CATHERINE A. CUNNINGHAM DAVID WATKINS Re: Annexation of 42.387 acres, from Concord Township, Delaware County, to the City of Dublin, Ohio Dear Ms. Clark: Enclosed please find a check made payable to the City of Dublin in the amount of $2,230.00 to cover the filing fee for the above referenced annexation. Please return the receipt in the enclosed envelope. Please call if you have any questions. Sincerely, SHULER, PLANK &BRAHM A Le ofessio 1 Association P ranklin E. Eck, Jr. FEE/fe enclosures NOTIFICATION OF PUBLICATION AND HEARING TO: Dublin City Clerk NOTICE OF PUBLICATION AND HEARING Please take notice that attached hereto and made a part hereof as "Exhibit A" is a copy of the Legal Notice which will appear in The Delaware Gazette once each week for a period of four consecutive weeks, giving notice of the hearing on the annexation described therein, setting the date for hearing before the Board of County Commissioners of Delaware County, Ohio, as Monday, December 3, 2001, and establishing the place for the hearing as the Commissioners' Hearing Room, 101 Sandusky Street, Delaware, Ohio said hearing to begin on or about 7:30 p.m. 'chard C. Brahm, ent for Petitioners ACKNOWLEDGMENT OF RECEIPT I hereby acknowledge receipt of the above Notice and copy of "Exhibit A," which was attached thereto and made a part thereof, on this ~~!~ day of September, 2001. Dublin City Clerk LEGAL NOTICE Notice is hereby given that a petition signed by a majority of the owners of real estate in the territory hereinafter described, addressed to the Board of County Commissioners of Delaware County, Ohio, was filed with the Board of County Commissioners to annex the following described territory from Concord Township, Delaware County, to the City of Dublin, Ohio described as follows: Situated in the State of Ohio, County of Delaware, Township of Concord, in Virginia -°~ Military Survey No. 2545, and being all or portions of the following tracts of land: 1. all of a 41.260 acre tract of land conveyed to Muirfield Village Golf Club ~° by deed of record in Deed Book 494, Page 653; 2. the portion of Dublin Road (Ohio Route 745) (70 feet wide) immediately adjacent to and west of said 41.260 acre tract; all references being to the Recorder's Office, Delaware County, Ohio, and bounded and described as follows: Beginning at a point in the westerly line of a tract of land conveyed to Village of Dublin, Ohio for Dublin Road (Ohio Route 745) right-of-way purposes as shown on the plat of Muirfield Village Phase 8 of record in Plat Book 12, Pages 23, 24, 25 and 26, said point being at the intersection of the westerly right-of-way line of Dublin Road (Ohio Route 745) with a north line of said 41.260 acre tract, the south line of a 6.053 acre tract of land conveyed to Mary J. Buchsieb by deeds of record in Deed Book 451, Page 254 and Deed Book 562, Page 411 and the south line of the existing Shawnee Hills Corporation Line established by Ordinance No. 184, December 28, 1973, of record in Plat Book 10, Page 90, extended westerly; thence N 71 ° 38' 28" E crossing a portion of said tract of land conveyed to Village of Dublin for Dublin Road (Ohio Route 745) right-of-way purposes, crossing a portion of a 1.282 acre tract of land conveyed to Village of Dublin, Ohio for Dublin Road (Ohio Route 745) right-of-way purposes by deed of record in Deed Book 411, Page 660, crossing a portion of Dublin Road (Ohio Route 745) along a portion of the south line of said Village of Shawnee Hills Corporation Line established by Ordinance No. 184, along a north line of said 41.260 acre tract, along the south line of said 6.053 acre tract and along a south line of a 1.500 acre tract of land conveyed to C.M.S. Investment Co. by deed of record in Deed Book 486, Page 318, and subsequently recorded as Winners Office Park Condominium in Plat Book 22, Pages 95 through 102, a distance of 707.60 feet to a point at the southwest corner of said 1.500 acre tract, at the southeast corner of a 0.500 acre tract of land conveyed to South Heidelberg Inc. by deed of record in Deed Book 506, Page•466, at the northwest corner of a 0.186 acre tract of land conveyed to South Heidelberg Inc. by deed of record in Deed Book 506, Page 462 and at a corner of said 41.260 acre tract; thence S 16° 02' 09" E along an east line of said 41.260 acre tract, along the east line extended southerly of said 1.500 acre tract, along the west line extended southerly of said 0.500 acre tract and along the west line of said 0.186 acre tract a distance of 20.02 feet to a point at the southwest corner of said 0.186 acre tract~and at a corner of said 41.260 acre tract; thence N 71 ° 38' 28" E along a of a north line of said 41.260 acre tract and along a of a south line of said 0.186 acre tract a distance of 89.17 feet to a point at a corner of said 41.260 acre tract and at a corner of said 0.186 acre tract; "EXHIBIT A" thence N 71° 34' 37" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 123.46 feet to a point at a corner of said 41.260 acre tract and at a corner of said 0.186 acre tract; thence N 78° 33' S5" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 68.92 feet to a point at a corner of said 41.260 acre tract and at a corner of said 0.186 acre tract; thence N 80° 28' 28" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 36.91 feet to a point at a corner of said 41.260 acre tract and at a corner of said 0.186 acre tract; thence N 73° 38' 36" E along a north line of said 41.260 acre tract and along a south ,~Y line of said 0.186 acre tract a distance of 36.31 feet to a point at the southeast corner of said 0.186 acre tract, at the northeast corner of said 41.260 acre tract and in the west line of a 10.7 acre tract of land conveyed to The City of Columbus by deed of record in Deed Book 160, Page 174; thence S 34° 51' 08" E along an east line of said 41.260 acre tract and along a portion of a west line of said 10.7 acre tract a distance of 1,181.76 feet to a point at a corner of said 41.260 acre tract and at the southwest corner of said 10.7 acre tract; thence N 70° 58' 33" E along a north line of said 41.260 acre tract and along the south line of said 10.7 acre tract a distance of 181.00 feet to a point at a corner of said 41.260 acre tract, at the southeast corner of said 10.7 acre tract and in the west bank of the Scioto River at the low water mark; thence S 15° 52' S1" E along an east line of said 41.260 acre tract and along a portion of the low water mark of said west bank of the Scioto River ~a distance of 245.77 feet to a point at the southeast corner of said 41.260 acre tract and at the northeast corner of Lot Number 4013 as shown on the plat of Hiland Heights, of record in Plat Book 5, Pages 21, 22 and 23; thence S 71 ° 00' 43" W along the south line of said 41.260 acre tract, along the north lines of Lot Nos. 4013, 4012, 4011, 4010, 4009, 4008 and 4000, crossing a portion of the right-of-way of Dublin Road (Ohio Route 7.45), crossing a portion of said 1.282 acre tract and crossing a portion of said tract conveyed to Village of Dublin for Dublin Road (Ohio Route 745) right-of-way purposes a distance of 1,606.63 feet to a point in the westerly right-of-way line of Dublin Road (Ohio Route 745); thence N 16° 47' S4° W along a portion of the westerly right-of-way line of Dublin Road (Ohio Route 745) a distance of 1,099.38 feet to an angle point of the westerly right-of-way line of Dublin Road (Ohio Route 745); thence N 16° 36' 11" W along a portion of the westerly right-of-way line of Dublin Road (Ohio Route 745) a distance of 330.52 feet to the place of beginning; containing 42.387 acres of land more or less. The above description was prepared by Jay R. Miller, Ohio Surveyor No. 8061, of C.F. Bird & R.J. Bull, Inc., Consulting Engineers and Surveyors, Columbus, Ohio, for annexation purposes only from best available Court House records in August, 2001. Basis of bearings is the centerline of Dublin Road -Ohio Route 745, being S 16° 29' "EXIiIBIT A" Page- 2 49" E, as shown upon the plat of Muirfield Village Phase 8, of record in Plat Book 12, Pages 23, 24, 25 and 26, Recorder's Office, Delaware County, Ohio. Richard C. Brahm, 145 East Rich Street, 4th Floor, Columbus, Ohio, 43215 is to act as the agent for the petitioners. The petition contains an accurate map or plat of the territory to be annexed. .~~ The petition will be on for hearing at the Commissioners' Hearing Room, 101 Sandusky Street, Delaware, Ohio on Monday, December 3, 2001 at 7:30 p.m. before the Board of County .. F Commissioners of Delaware County, Ohio. Richard C. Brahm, Petitioner's Agent "EXHIBIT A" Page 3 NOTICE OF FILING OF PETITION FOR ANNEXATION To: The City of Dublin, Ohio Municipal Clerk In accordance with Section 709.03 of the Ohio Revised Code, notice is hereby given that a petition for annexation to the City of Dublin, Ohio for 42.387 acres, more or less, in Concord Township, Delaware County, Ohio, was filed with the Board of County Commissioners of Delaware County, Ohio on September 10, 2001. A copy of said petition, together with the description and plat, is attached hereto and made a part hereof. ranklin E. Eck, Jr., Attorney for Richard C. Brahm, Agent for Petitioner 145 East Rich Street, 4th Floor Columbus, Ohio 43215 (614) 228-4546 RECEIPT Receipt is hereby acknowledged of a copy of the Petition for Annexation, the above Notice of Filing of Petition for Annexation, the legal description and the plat, this day of September, 2001. City of Dublin, Ohio Municipal Clerk PETITION FOR ANNEXATION iTY OF DUBLIN, OHIO OF 42.387 A N D TO: THE BOARD OF COUNTY COMMISSIONERS OF DELAWARE COUNTY, OHIO ~~~~^'~/'.~~$f /'111 i. ~~~~`Y .1.'~7 1 .__; f11VTI', d3gI4=r ! ! : ~ ~3 /-. ,.. i.` ~~~~ E . s,, ' Q Now comes the undersigned petitioners in these premises, being a majority of the owners of certain property as hereinafter described, containing 42.387 acres, more or less, in Concord Township, Delaware County, which property is contiguous and adjacent to the City of Dublin, Ohio, according to the statutes of the State of Ohio, and request that their property be annexed to the City of Dublin, Ohio. An accurate description of the territory sought to be annexed is attached hereto and made a part hereof as Exhibit "A". A map or plat of the above-described territory sought to be annexed is attached hereto and made a part hereof as Exhibit "B". The number of owners in the territory sought to be annexed is two (2). Richard C. Brahm, 145 East Rich Street, 4th Floor, Columbus, Ohio 43215, (614) 228-4546, is hereby appointed agent for the undersigned petitioners, as required by Section 709.02, Ohio Revised Code; and said petitioners' agent is hereby authorized to make any amendments and/or deletions which in his absolute and complete discretion are proper under the circumstances then existing. In addition, the petitioners' agent is authorized to make such amendments and/or deletions in the petition, map, plat or description in order to correct any discrepancy or mistake noted by the County Engineer or others in their examination of the petition, map, plat or description. Amendments to correct the map, plat or description may be made by the presentation of an amended map t or plat and description to the Board of County Commissioners on, before or after the date set for hearing of this petition. Muirfield Village Golf Club 5750 Memorial Drive P.O. Box 565 Dublin, Oh•o 43017 By: l;ts: ~ mac. s i Date: ~ • ~ • ~ ~ ,-. PETITION FOR ANNEXATION TO THE CITY OF DUBLIN, OHIO OF 42.387 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP IN DELAWARE COUNTY, OHIO TO: THE BOARD OF COUNTY COMMISSIONERS OF DELAWARE COUNTY, OHIO Now comes the undersigned petitioners in these premises, being a majority of the owners of certain property as hereinafter described, containing 42.387 acres, more or less, in Concord Township, Delaware County, which property is contiguous and adjacent to the City of Dublin, Ohio, according to the statutes of the State of Ohio, and request that their property be annexed to the City of Dublin, Ohio. An accurate description of the territory sought to be annexed is attached hereto .and made a part hereof as Exhibit "A". A map or plat of the above-described territory sought to be annexed is attached hereto and made a part hereof as Exhibit "B". The number of owners in the territory sought to be annexed is two (2). Richard C. Brahm, 145 East Rich Street, 4th Floor, Columbus, Ohio 43215, (614) 228-4546, is hereby appointed agent for the undersigned petitioners, as required by Section 709.02, Ohio Revised Code; and said petitioners' agent is hereby authorized to make any amendments and/or deletions which in his absolute and complete discretion are ~~ proper under the circumstances then existing. In addition, the petitioners' agent is authorized to make such amendments and/or deletions in the petition, map, plat or description in order to correct any discrepancy or mistake noted by the County Engineer or others in their examination of the petition, map, plat or description. Amendments to correct the map, plat or description may be made by the presentation of an amended map 1 ~va~ or plat and description to the Board of County Commissioners on, before or after the date set for hearing of this petition. City of Dublin Ohio 5200 Emerald Parkway Dublin, Ohio 43016 ~- tephen J. Smith, Director of Law City of Dublin, Ohio as authorized pursuant to the motion of the Dublin City Council Date: ~U6 vs7" 2 ~~ a~ l STATEMENT BY RICHARD C. BRAHM, PETITIONER'S AGENT FOR THE ANNEXATION OF 42.387 ACRES, MORE OR LESS, FROM CONCORD TOWNSHIP, DELAWARE COUNTY, OHIO, TO THE CITY OF DUBLIN, OHIO Richard C. Brahm, 145 East Rich Street, Columbus, Ohio 43215, hereby represents as follows: Lot Number Names of Owners Owners Address Signed or Acreage as they Appear on Petition Deed 41.260 Acres Muirfield Village Golf Club 5750 Memorial Drive Yes P.O Box 565 Dublin, Ohio 43017 1.127 Acres City of Dublin, Ohio 5200 Emerald Parkway Yes Dublin, Ohio 43016 1. Number of owners of real estate in territory: Two. 2. Number of owners of real estate signing petition: Two. 3. Percent of signature of total number of owners of real estate: 100%. l' ~~ ~/ By Franklin E. Eck, 7r. Attorney r Richard C. Brahm, Petitioner's gent ~, August 30, 2001 EXHIBIT Ir D DESCRIPTION OF A 42.387 ACRE TRACT TO BE ANNEXED ~ FROM CONCORD TOWNSHIP, DELAWARE COUNTY, OHIO TO CITY OF DUBLIN, OHIO (MUIRFIELD VILLAGE GOLF CLUB) Situated in the State of Ohio, County of Delaware, Township of Concord, in Virginia Military Survey No. 2545, and being all or portions of the following tracts of land: 1. all of a 41.260 acre tract of land conveyed to Muirfield Village Golf Club by deed of record in Deed Book 494, Page 653; 2. the portion of Dublin Road (Ohio Route 745) (70 feet wide) immediately adjacent to and west of said 41.260 acre tract; all references being to the Recorder's Office, Delaware County, Ohio, and bounded and described as follows: Beginning at a point in the westerly line of a tract of land conveyed to Village of Dublin, Ohio for Dublin Road (Ohio Route 745) right-of-way purposes as shown on the plat of Muirfield Village Phase 8 of record in Plat Book 12, Pages 23, 24, 25 and 26, said point being at the intersection of the westerly right-of-way line of Dublin Road (Ohio Route 745) with a north line of said 41.260 acre tract, the south line of a 6.053 acre tract of land conveyed to Mary J. Buchsieb by deeds of record in Deed Book 451, Page 254 and Deed Book 562, Page 411 and the south line of the existing Shawnee Hills Corporation Line established by Ordinance No. 184, December,28, 1973, of record in Plat Book 10, Page 90, extended westerly; thence N 71 ° 38' 28" E crossing a portion of said tract of land conveyed to Village of Dublin for Dublin Road (Ohio Route 745) right-of-way purposes, crossing a portion of a 1.282 acre tract of land conveyed to Village of Dublin, Ohio for Dublin Road (Ohio Route 745) right-of-way purposes by deed of record in Deed Book 411, Page 660, crossing a portion of Dublin Road (Ohio Route 745) along a portion of the south line of said Village of Shawnee Hills Corporation Line established by Ordinance No. 184, along a north line of said 41.260 acre tract, along the south line of said 6.053 acre tract and along a south line of a 1.500 acre tract of land conveyed to C.M.S. Investment Co. by deed of record in Deed Book 486, Page 318, and subsequently recorded as Winners Office Park Condominium in Plat Book 22, Pages 95 through 102, a distance of 707.60 feet to a point at the southwest corner of said 1.500 acre tract, at the southeast ~oYner of a 0.500 acre tract of land conveyed to South Heidelberg Inc. by deed of record in Deed Book 506, Page-466, at the northwest corner of a 0.186 acre tract of land conveyed to South Heidelberg Inc. by deed of record in Deed Book 506, Page 462 and at a corner of said 41.260 acre tract; thence S 16° 02' 09" E along an east line of said 41.260 acre tract, along the east line extended southerly of said 1.500 acre tract, along the west line extended southerly of said 0.500 acre tract and along the west line of said 0.186 acre tract a distance of 20.02 feet to a point at the southwest corner of said 0.186 acre tract and at a corner of said 41.260 acre tract; thence N 71 ° 38' 28" E along a of a north line of said 41.260 acre tract and along a of a south line of said 0.186 acre tract a distance of 89.17 feet to a point at a corner of said 41.260 acre tract and at a~corner of said 0.186 acre tract; Page 1 of 3 01-079/Kroger Revised Annex.doc ,, August 30, 2001 thence N 71 ° 34' 37" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 123.46 feet to a point at a corner of said 41.260 acre tract and at a corner of said 0.186 acre tract; thence N 78° 33' 55" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 68.92 feet to a point at a corner of said 41.260 acre tract and at a corner of said 0.186 acre tract; thence N 80° 28' 28" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 36.91 feet to a point at a corner of said ,.~, ~ 41.260 acre tract and at a corner of said 0.186 acre tract; thence N 73° 38' 36" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 36.31 feet to a point at the southeast corner of said 0.186 acre tract, at the northeast corner of said 41.260 acre tract and in the west line of a 10.7 acre tract of land conveyed to The City of Columbus by deed of record in Deed Book 160, Page 174; thence S 34° 51' 08" E along an east line of said 41.260 acre tract and along a portion of a west line of said 10.7 acre tract a distance of 1,181.76 feet to a point at a corner of said 41.260 acre tract and at the southwest corner of said 10.7 acre tract; thence N 70° 58' 33" E along a north line of said 41.260 acre tract and along the south line of said 10.7 acre tract a distance of 181.00 feet to a point at a corner of said 41.260 acre tract, at the southeast corner of said 10.7 acre tract and in the west bank of the Scioto River at the low water mark; thence S 15° 52' 51" E along an east line of said 41.260 acre tract and along a portion of the low water mark of said west bank of the Scioto River a distance of 245.77 feet to a point at the southeast corner of said 41.260 acre tract and at the northeast corner of Lot Number 4013 as shown on the plat of Hiland Heights, of record in Plat Book 5, Pages 21, 22 and 23; thence S 71 ° 00' 43" W along the south line of said 41.260 acre tract, along the north lines of Lot Nos. 4013, 4012, 4011, 4010, 4009, 4008 and 4000, crossing a portion of the right-of-way of Dublin Road (Ohio Route 745), crossing a portion of said 1.282 acre tract and crossing a portion of said tract conveyed to Village of Dublin for Dublin Road (Ohio Route 745) right-of-way purposes a distance of 1,606.63 feet to a point in the westerly right-of-way line of Dublin Road (Ohio Route 745); thence N 16° 47' 54" W along a portion of the westerly right-of-way line of Dublin Road (Ohio Route 745) a distance of 1,099.38 feet to an angle point of the westerly right-of-way line of Dublin Road (Ohio Route 745); thence N 16° 36' 11" W along a portion of the westerly right-of-way line of Dublin Road (Ohio Route 745) a distance of 330.52 feet to the place of beginning; containing 42.387 acres of land more or less. The above description was prepared by Jay R. Miller, Ohio Surveyor No. 8061, of C.F. Bird & R.J. Bull, Inc., Consulting Engineers and Surveyors, Columbus, Ohio, for annexation purposes only from best available Court House records in August, 2001. Basis of bearings is the centerljne of Dublin Road -Ohio Route 745, being S 16° 29' Page 2 of 3 O1-079/Kroger Revised Annex.doc ~,,,., August 30, 2001 49" E, as shown upon the plat of Muirfield Village Pages 23, 24, 25 and 26, Recorder's Office, Dpi'! ~' .~P~ !t ~ .,~' Ohio Surveyor No. 8061 8, of record in Plat Book 12, auf7t~. Ohio. Ag1(MOND ~ A~d.1AU~R `O p"+~ ~ A ~O~ '''9FG f s~ ~~'~o •'~~v ~~ Page 3 of 3 01-079/Kroger Revised Annex.doc m X W .salQQal W ~_ h h ~ ~ ~ N ~ ~ ~ W ti Z ~ '~ m ~ ~ ~ J Q ~ ~ c,~ ~ Z O Q m Z ~ ~ W ~ O ti ~ Y V Q ~ ~, ~ ti ~ O ~ ~ ~ W ~ ~ m WJ ~,_ z ~ v ~ ~ W Q ~ o ~ O Z O v ~ ~ W W T Q Z ~ W Q V ~ ti ~ ~ ~ ~ V ~, 0 O 0 ~0 O 0 ~ O 0 0 ^ 0 ^ 0 N 0 ~ ^ 0 ~ <f- ~t <t <1- d' <f- ~f- ,00'l8G 3 „~'~', 85 OL N Sm Q JCC O O O U~ W V~ 3 R h ~ tl. w ~ N 2 w rt. V N N M co ~ N N A~~~ wx~~ ~~~~ ~ a N V ~ Q ~ C] ~ Z O ~ ~VC~~Zrn ~ ~ ~~Q~ JQ~ O ~~~ O~ O ~~ Z~ OmO~o ~ W~~ 00 ti0~0 W ~~ Z t!-~ ~'"` m W U N = m ~ m Ui Z O2 m ~ J O O CU O O O ~. W O ~, 8 °~ o W ~ ~ ~ ~ ~~~0 Z ~hN~ ~ e w h~~~ a ,,, A ~ ~ ~ ~Q~00 ~ b o o WOW ti N ~ Q ~ ~ ~ h 'aC U ~~~ v ~\ L O ~ V ~ ~ ~~9•~ ~ y\v~ z ~ ~, ~ ~ o0 Q ~ ~ q ~ o 0 N ~ ~ a o0 o U ~ ~~. ~ .... ° o ~~ .o. o? • '~ •.d ~ . o oe m r O W G ~~iW O : ~ J OD ~n > fib.( ~'''. .. ' ~ ty S *,uM r d 0 I U~ 2 C I° I ~ ~~ v ri~~ ,o~of F- 00 x x W .sa~oan W ;n hh ^~ a 2 ~ W ~-, ~ i m e ~j ~ C O ~ ~ ~' 2 0 ~ 2 Q W p O~ W ~Z > ~ ~ ti ~ J L~I ~ ~-, ~ ~ ti W ~ ~ 02 O ~' U Q ~ I ~' ~ W W ~b cn - Z Z U 2 I~`~ U ~ ~n ~n "~ 0 0 0 0 p 0 N 0 ~ 0 ~ O p p p N i ~ o a o v v 3 .£F,85.OL N w k c c ,c ~O ° ,~ -~ ~' o ~ ¢U ~ ~ m j w ~¢~ `m 0 ova o~ w M U m N W O `z ~ ti (9QC'i U 0~~~ Y N ~ ~ U o 2 hW^O O ~¢ ti h a d I c o ti ~ O ~ W W m = O WUC'iti=o'ni ~Qa ~~Qa W m¢a ., ~pco00~ ro oa > O ~mh0 o h W~O 2 `~ h U ^ o = j m 2 N Vj ~ 02 O O y m Ci ~ ~ O O O °o O N ~ II ~ ti J Q ~o N O O Q Q o HILAND HEIGHTS P.B. 5, PCS. 21-23 71'00'43" W 1,606.63' W W \ W \. m ~ ~ raj ,~~i cq~:'~ N ~ of <o tp ~ b ^ ^\^ N\^ 0 __ O O ~ W o ~ g ~ ~ ~ ~ h~~° ~ ~ 2 ~hN~ w h ~ a~i ~ D ~h ~ q ~ ~q~yU ~ ,C O F'W~~i ~ ~ ~ ~ ~~ ` O ~ ~ ~ ~ ~efr. ~ ~ q ~ 1 ~~O ................... d ~~~ . 4 '. OW m ~'_W O i ~ j aD : > ~~Yd•.S ~ :•~ . u J ~~ I Ism ~a O ~ u~ O ° I I ~_ ~~ oar ~N~ ~~N oa i `~o~ a Q N_ 2 J~N~ ~ s~ o m ~ 0 ~ 3 hro h nh '} N ~ b e~ IO 2w N~ ~ ~ V ~ ~ ~j '~ M ~p ~ tiW~n2 p Iq Q ~ ~ I~ w~~~ ~a^~ i~ ~ a E~7 ~ ti N U Q 3 0~~ ~ OW a ~.~.Q m ~ & a ~ N~ UV O O m~,aa to .~ N ~~~h 2m o a ~ mm ~ti2 oo ~ai~ ° o ~ o -y ~ U I rI W STATE OF OHIO COUNTY OF FRANKLIN, SS: deed of said corporation. ;,:;`:,.•~; IN WITNESS WHEREOF, I have hereto subscribed my name and,.;.,.• Jr.,~`'~.,. affixed my official seal this 13th day of November, 1987. ,. ~, ....... "`., .~ :~ °- • ,,, ~. t;,..r No ry Public i_ ~~,; = ~.. o ny l:uni .`, . ~~- dais / ,~ ~ ;'~ ,:i~•... ,... ..... ~SJ .~ . Q•T'.~ ~ i•. Provisions contained in ~~ny drrd ar ott:cr instrurnont for the conveyance of a dwellinfi ~n~hich restrict the sale, rental or use of the property because of rs~ce or color are invalid under federal law and are une~riorco- able. 1 `y' l0 O von "4~~ ~~~ ~~ :, /~Jo--C ot.cr~. /.:c an.. , (. S+ ~~ G' C,~C, t .!i° is instrument was prepared by Scott B. West, Esq., Murphey, ung & Smith, 250 East Broad Street, Columbus, Ohio 43215. -2- x UELA~'tA!-tE CO'Jh((Y, UiilO Fst~.o Fort Rt-cx~fzo _NOV ~. n6 19x7 - _ ,n.~xi „10 ~9 ~7__-_. Rt:CUR~ •~I~• ~.e_-~7._j__ ._----•~----z _ .. ~ ~ - f'h E. __~p..L1 - VK)L__~17.__._ __. ~( ~~ ~/ FINE S.} ~~Q U i4C - Before me, a notary public in ar~d for said county, personally appeared John G. Hines, Vice President of Golden Bear Muirfield, Inc., wYio acknowledged that he signed the foregoing instrument and that the same was his free. act and deed and the voluntary act and ~. ('. I l -.. .. -.. .5 .__ ~~. ,. ' 'N .J`.' ,~ ~ EXHIBIT A .'RACY 1 ••,.t,:.:: .' - Situated in the State of Otiio;.in,.part;.in the County of Franklin and, in part, in the Count-y, of~Delaware, City of Dublin, being in Virginia Military Survey Nos'2545 "and-5162 (6152), being all of that 220.00 acre tract of land described in the deed to Golden Bear Muirfield, Inc., of record'.in~'Deed Book 429, Page 534, Recorder's Office, Delaware County, Ohio and also being described in EXHIBIT B attached hereto and made a part hereof. EXCEPTING THEREFROM, HOWEVER, THE FOLLOWING DESCRIBED PARCEL: Situated in the State of Ohio, County of Franklin, City of Dublin, being in Virginia Military Survey No. 2545 and being all of that 0.054 acre tract of land described in the deed to Edward R. Hanna and Kathlene A. Hanna, of record in Deed Book 3760, Page 394, Recorder's Office, Franklin County, Ohio and also being described in EXHIBIT C attached hereto and made a part hereof. TRACT 2 Situated in the State of Ohio, County of Delaware, City of Dublin, being in Virginia Military Survey No. 5162 (6152) and being all of that 0.054 acre tract of land described in the deed to Golden Bear Muirfield, Inc., of record in Deed Book 432, Page 665, Recorder's Office, Delaware County, Ohio and also being described in EXHIBIT D attached hereto and made a part hereof. „. . vow.~g~ pxc~ 633 . _~ . .. .,~~ ., rxn~~i~~~~ FACE ~J~ February 20, 1979 •.. DESCRIPTION OF 220.00 ACRES OF LAND -SOUTH OF:GLICK ROAD BETWEEN MUIRFIELD DRIVE AND STATE ROUZ`E 745 (DUBLIN-BELLEPOINT ROAD)• IN THE VILLAGE OF DUBLItd FRANKLIN AND DELAWARE COUNTIES, OHIO Situated in the State of Ohio, in part, in the County of Franklin and, in part, in the County of Delaware, Village. of Dublin, being in Virginia Military Survey Nos. 2545 and 5162(6152), containing 220.00 acres of land, mere or less, parts of said 220.0 acres being parts of that 71.659 acre tract of land referred to as PARCEL THREE in and conveyed to Golden Bear Muirfield, Inc. by deed of record in Deed Book 366, Page 715, Recorder's Office, Delaware County, Ohio, part of said 220.00 acres being part of that 15.00 acre tract of land conveyed to Golden Bear Muirfield, Inc. by deed of record in Deed Book 366, Page 720, Recorder's Office, Delaware County, Ohio, part of said 220.00 acres being part of that 16.9 acre tract of land conveyed to Golden Bear Muirfield, Inc. by deed of record in Deed Book 366, Page 724, Recorder's Office, Delaware County, Ohio, part of said 220.00 acres being part of that 180.787 acre tract of land conveyed to Golden Bear Muirfield, Inc. by deed of record in Deed Book 366, Page 726, Recorder's Office, Delaware County, Ohio, and in Deed Book 3252, Page 144, Recorder's Office, Franklin County, Ohio, parts of said 220.00 acres being part of that 153.308 acre tract of land referred to as PARCEL A in and parts•of that 61.548 acre tract of land referred to as PARCEL B in and conveyed to Golden Bear Muirfield, Inc. by deeds of record in Deed Book 366, Page 728, and Deed Book 366, Page 735, Recorder's Office, Delaware County, Ohio, and in Deed Book 3269, Page 112, and Deed Book 3269, Page 118, Recorder's Office, Franklin County, Ohio, part of said 220.00 acres being part of that 789.365 acre tract of laud referred to as TRACT ONE in and conveyed to Golden Bear Muirfield, Inc. by deeds o~- record in Deed Book 366, Page 741, and••Deed Book 366, Page 749, Recorder's Office, Delaware County, Ohio, and in Deed Book 3252, Page 1:!9, and Deed Book 3252, Page 137, Recorder's Office, Frankli County, Ohio, part of said 220.00 acres being part of that 42.82 acre tract of land referred to as TRACT 1 in and conveyed to Golden Bear Muirfield, Inc. by deed of record in Deed Book 367, Page 666, Recorder.'s Office, Delaware County, Ohio, part of said 220.00 acres being all of the land (19.877 acres of land, more or less) conveyed to Gulden Bear Muirfield, Inc. by deed of record in Deed Bvok 387, Page 341, Recorder's Office, Delaware County, Ohio, and Deed Book 3431, Page 224, Recorder's Office, Franklin County, Ohio, parts of said 220.00 acres being all of those tracts of land referred to as Parcel 1 ;0.170 acres), Parcel 2 (2.343 acres and Parcel 3 (1.098 acres) and 6.973 acres of land out of that tract of land referred to as Parcel 4 (6.982 acres) in and described in EXHIBIT C in a deed to Golden Bear Muirfield, Inc., of record in Deed Book 389, Page 167, Recorder's Office, Delaware County, Ohio, and in Deed Book 3445, Page 1.3, Recorder's Office, Franklin County, Ohio, part of said 220.00 acres being 0.004 acres of land also conveyed to but not specifically described in said deed to Golden Bear Muirfield, Inc., of record in Deed Book 389, Page 167, Recorder's Office, Delaware County, Ohio, and in Deed Book 3445, Page 13, Recorder's Office, Franklin County, Ohio, part of said 220.00 acres being all of that 0.942 acre tract of land described in a deed to Golden Bear Muirfield, Inc., of record in Deed Book 402, Page 281, Recorder's Office; Delaware County, Ohio, part of said 220.00 acres being all of that 2.104 acre tract of land described in a deed to Golden Bear Muirfield, Inc., of record in Deed Book 402, Page 284, Recorder's Office, Delaware County, Ohio, and in Deed Book 3540, Page 296, Recorder's Office, Franklin County, Ohio, parts of said 220.00 acres being all of those tracts of land described in EXHIBIT "A" (0.268 acres), EXHIBIT "B" (0.003 acres;', EXHIBIT "C" (0.083 acres), EXHIBIT "D" (0.170 acres), EXiiIB~iT "E" (0.124 acres), EXHIBIT "F" 0.976 acres) and EXHIBIT "G" (0.083 acres), in a deed to Golden Bear Muirfield, Inc., of record in Deed Book 404, Page 163, Recorder's Office, Delaware County, Ohio, parts of said 220.00 acres being all of those tracts of land described in EXHIBIT "A" ,. ;. PAGE 1 OF 12 PAGES R ~ `. ~. ~ ~ ~.. ._ .. t I I _.. ,~ . February 20, 1,79 DESCRIPTION OF 220.00 ACRES OF LAND. Cont'd .. (0.217 acres)", EXHIBIT "$" (0.059 acres), EXHIBIT "C" (0.831 acres), EXHIBIT "D" 0.001 acres) and EXHIBIT "E" (3.490 acres) in a deed to Golden Bear Muirfield, Inc., of record in Deed Book 407, Page 288, Recorder's Office, Delaware County, Ohio, parts of said 220.00 acres being all of those tracts of land described in EXHIBIT "A" (1.890 acres), EXHIBIT "B" (1.J.54 acres) and EXHIBIT " (0.101 acres) in a deed to Golden Bear Muirfield, Inc. of record in Deed Book 410, Page 479, Recorder's Office, Delaware~County, Ohio, and parts of said 220.00 acres being all of 1.794 acre, 0.012 acre; 2.699 acre, 0.002 acre, 0.228 acre and 0.011 acre= tracts of land yet to be conveyed to Golden Bear Muirfield, Inc., said 220.00 acres of land being more particularly described as follows: Beginning, for reference, at a point in the centerline of State Route 745 (Dublin-Bellepoint Road) at the southeasterly corner of said 180.787 acre tract of land conveyed to Golden Bear Muirfield, Inc. by deed of record in Deed Book 366, Page 726, Recorder's Office, Delaware County, Ohio, and in Deed Book 3252, Page 144, Recorder's Office, Franklin County, Ohio, the same being a southeasterly corner of the land conveyed to Muirfield Ltd. by deed of record in Deed Book 377, Page 418, Recorder's Office, Delaware County, Ohio, and in Deed Book 3349, Page 584, Recorder's Office, Franklin County, Ohio,~said reference point of beginning also being the northeasterly corner of that 47.58 acre tract of land described in a deed Nelva J. Welch, of record in Deed Book 207, Page 512, Recorder's Office, Delaware County, Ohio, and in Deed Book 1257, Page 509, Recorder's Office, Delaware County, Ohio, said reference point of beginning being located S 18° 46' 49" E, a distance of 353.83 feet from the southeasterly corner of that 1.445 acre tract of land conveyed to the Village of Dublin, Ohio, by deed of record in Deed Book 403, Page 457, Recorder's Office, Delaware County, Ohio; thence, from said reference point of beginning, N 18° 46' 49" W, with the centerline of said State Route 745, with the easterly line of said 180.787 acre tract and with an easterly line of said Muirfield Ltd. land, a distance of 139.46 feet to a point; thence S 71° 13' 11" W, a distance of 75.40 feet to the true point of beginning at the easternmost corner of that 220.000 acre tract of land described in Exhibit A of a deed to Golden Bear Muirfield, Inc., of record in Deed Book 3445, Page 13, Recorder's Office, Franklin County, Ohio, and in Deed .Book 389, Page 167, Recorder's Office, Delaware County, Ohio, said true point of beginning being at the northeasterly end of course numbered 1 in said Exhibit A (D.B. 3445, P.13, Fra. Co.) and at the southerly end of course numbered 174 in said Exhibit A (D.B. 3445, P.13, Fra. Co.); I Thence, from said true point of beginning, ith a southeasterly line of said 220.000 acre numbered 1 in said Exhibit A, D.B. 3445, P.:L3, istance of 184.39 feet to a point;• II Thence S 84° 17' 22" tl, with a southerly cre tract.(course numbered 2 in said Exhibit 13, Fra. Co.), a distance of 102.02 feet to a asternmost line of Muirfield Village Phase I, same being shown of record in Plat Book 49, F ,~„~ nd 88, Recorder's Office, Franklin County, Or 12, PagE~s 1, 2, 3, 4 and 5, Recorder's. Office, hio; S 49° 23' S5" W, tract (course Fra. Co.), a line of said 220.000 A, D.B. 3445, Page point in the the subdivision of ages 84, 85, 86, 87 io, and in Plat Book Delaware County, Thence, with a portion of .the northerly boundary of said irfield Village Phase I and winch a portion of the southerly undary of said 220.000 acre tract (courses numbered 3 through 11, th numbers inclusive, in said Exhibit A, D.B. 3445, P.13, Fra. .), the following nine courses and distances: PAGE 2 OF 12 PAGES Y01. ~~~' PaGE . _ ~~ ,. von ~~~'~ i~i~~ ~~~ February 20 1979 III IV V VI VII VIII IX • X XI XII XIII `XIV DESCRIPTION Or 220.00 ACRES OF LAND. Cont°d 1.) N 18° 24' 12" W, a distance of 18.22 feet to a point; 2.) N 87° 24' 05" W, a distance of 237.82 feet to a point; 3.) N 64° 54' 14" W, a distance of 233.85 feet to a point; 4.) N 35° 52' 04" W, a distance of 139.83 feet to a point; 5.) N' S6° 38' 31" W, a distance of 188.10 feet to a point; 6.) N 18° 55' 12" W, a distance of 224.11 feet to a point; 7.) N 43° 54' 27" W, a distance of 67.30 feet to a point; 8.) N 63° 25` 02" W, a distance of 125.63 feet to a point; 9.) S 67° 32' 17" W, a distance of 125.67 feet to a point; Thence, with a portion of the northerly boundary of said Muirfield Village Phase I, with the southerly boundary of said 0.170 acre tract (Par.l, D.B.3445, P.13, Fra. Co.) and with a portion of the southerly boundary of said 220.000 acre tract (courses numbered 12, 13 and 14 in said Exhibit A, D.B.3445, P.13, Fra. Ca.), the following three courses and distances: 1.) S 36° 59' 10" W, a distance of 123.02 feet to a point; 2.) S 25° 53' 22" W, a distance of 146.93~feet to a point; • 3.) S 36° 57' 17" W, a distance of 258.97 feet to -a point; Thence, with a portion of the northerly boundary of said Muirfield Village Phase I, with the southerly boundary of said 2.343 acre tract and with a portion of the southerly boundary of said 220.000 acre tract (courses numbered 15 through 20, both numberes inclusive, in said Exhibit A, (D.B.3445,. P.13, Fra. Co.) the following six courses and distances: 1.) S 22° 24' 35" W, a distance of 78.62 feet to a point; XV XVI XVII XVIII XIX XX XXI XXII XXIII 2.) S 51° 51' 00" W, a distance of 270.12 feet to a point; 3.) S 48° 24! 50" W, a distance of 339.73 feet to a point; 4.) S 80° 12' 18" W, a distance of 163.75 feet to a point; 5.) N 35° 27' 44" W, a distance of 94.25 feet to a point; 6.) S 7.7.° 51' 20" W, a distance of 404.21 feet to a point; Thence S 79° 54' 20" W, with a northerly line of said Muirfield Village Phase I and with a southerly line of said 220.000 acre tract (course numbered 21 in said Exhibit A, D.B.344S, P.13, Fra. Co.), a distance of 189.44 feet to a point; Thence S 10° 05' 40" E, with a westerly line of said Muirfield Village Phase I and with an easterly line of said 220.000 acre tract (course numbered 22 in said Exhibit A, D.B. 3445, P.13, Fra. Co.), a distance of 140.67 feet to a point; Thence S 37° 34' 10" E, with a southwesterly line of said Muirfield Village Phase I, with a northeasterly line of Lot 195 of said Muirfield Village Phase I and with a northeasterly line of said 220.000 acre tract (course numbered 23 in said Exhibit A, D.B. 3445, P.13, Fra.Co.), a distance of 276.89 feet to a point in a curve in a northwesterly right.-of-way line of Dunniker Drive, fifty feet in width, said point being the easternmost corner of said Lot 195; PAGE 3 OF 12 PAGES ti r i .. ~. ~ r )ESCRIPTION OF 220.00 ACRES OF LAND. Cont'd February 20, 1979 A 11 Thence, with northwesterly and westerly right-of-way lines~of .aid Dunniker Park Drive, with a southeasterly and easterly >oundary of said Lot 195 and with a portion of the southerly Boundary of said 220.000 acre tract (courses numbered 24, 25 and ?6 in said Exhibit A, D.B.3445, P.13, Fra.Co.), the following three courses and distances: 1.) southwestwardly, with the arc of a curve to the left laving a radius of 1291.00 feet, a central angle of 30° 02' 36" ind a chord that bears S 35° 13' 13" W, a chord distance of 669.21 Eeet to 'the point of compound curvature; 2.;~ southwardly, with the arc of a curve to the left having i radiu:~ of 904.00 feet, a central angle of 35° 42' I5" and a :Hord that bears S 2° 20' 47" W, a chord distance of 554.26 feet to the point of reverse curvature; 3.) southwardly, with the arc of a curve to the right having ~ radius of 394.00 feet, a central angle of 26° 20' 34" and a chord that bears S 2° 20' 03" E, a chord distance of 179.56 feet t the point of compound curvature; Thence southwestwardly, with a southeasterly line of said Lot 195 and with a southeasterly line of said 20.00 acre tract (cours numbered 27 in said Exhibit A, D.B.3445, P.13, Fra. Co..), the same Being the arc of a curve to the right having a radius of 20.00 fee ~ central angle o.f 90° 53' 21" and a chord that bears 5 56° 16' S5" W, a chord distance of 28.50 feet to the point of reverse curvature in a northerly right-of-way line of Memorial Drive, sixty feet in width; Thence westwardly, with a northerly right-of-way line of said Memorial Drive, with a southerly line of said Lot 195, with a southerly line of said 220.000 acre tract (course numbered 28 in said Exhibit A, D.B.3445, P.13, Fra. Co.) and with the arc of a curve to the left having a radius of 1131.50 feet, a central angle of 25° 43' 55" and a chord that bears S 88° 51' 37" W, a chord 3istance of 503.91 feet to the pint of reverse curvature; Thence westwardly, with a northerly right-of-way line of said Memorial Drive, with a southerly line of said Lot 195 and with the arc of a curve to the right having a radius of 582.00 feet, a central angle of 65° 40' 31" and a chord that bears N 71° 10' 04" W a chord. distance of 631.19 feet to the point of tangency; TYlence, with northeasterly right-of-way lines of said Memorial Drive, with the southwesterly boundary of said Lot 195 and with a portion of the southerly boundary of said 220.000 acre tract (courses numbered 30, 31, 32 and 33 in said Exhibit A, D.B.3445, P.13, Fra. Co.), the following four courses and distances: l.) N 38° 19' 49" W, a distance of 175.00 feet to the point of curvature; 2.) northwestwardly, with the arc of a curve to the left having a radius of 751.00 feet, a central angle of 14° 50' 00" and a chord that bears N 95° 44' 49" W, a chord distance of 193.88 feet to the point of compound curvature; 3.) northwestwardly, with the arc of a curve to the left having a radius of 373.00 feet, a central angle of 8° 03' 40" and a chord that bears N 57° 11' 39" W, a chord distance of 52..43 feet to the point of compound curvature; PAGE 4 OF 12 PAGE.S~ vot~~~~ pacE ~~~ ., vo~49~ PacE 63$ February 20,.,1979 • •.. XXXIV XXXV XXXVI XXXVII XXXVIII ~, • XXXIX XL XLI XLII XI;III XLIV I x DESCRIPTION OF 220.00 ACRES OF LAND. Cont'd 4.)~-northwestwardly, with the arc of a curve to~the right having a radius of 20.00 feet, a central angle of 46° 41' 56" and a chord that bears N 37° 52' 31" W, a chord distance of 15.85 feet to the southwesterly corner of that 1.743 acre tract of land conveyed to the Trustees of Washington Township, Franklin County, Ohio, by deed of record in Deed Book 1070, Page 73, Recorder's Office, Franklin County, Ohio; Thence, with a northerly, a westerly and a southerly line of said Lot 195, with the southerly, the easterly and the northerly lines of said 1.743 acre tract and with a northerly,•a westerly a a southerly line of said 220.000 acre tract (courses numbered 34, 35 and 36 in sai~9 Exhibit A, D.B.3445, Page 13, Fra. Co.), the following three courses and distances: 1.) N 71° 57' 46" E, a distance of 268.88 feet to a point; 2.) N 9° O1' 16" W, a distance of 297.00 feet to a point; 3.) S 71° 56' 22" W, a distance of 233.69 feet to a southwesterly corner of said Lot 195 in the easterly right-of-way line of Kinross Court, fifty feet in width; Thence N 9° 02' 16" W, with the .easterly right-of-way line of said Kinross Court, with a westerly line of said Lot 195 and with a westerly line of said 220.000 acre tract (course numbered 37 in said Exhibit A, D.B.3445, P.13, Fra. Co.), a distance of 40.50 feet to a northwesterly corner of said Lot 195; Thence, with a portion of the northerly boundary of said Lot 195 and with a portion of the southerly boundary of said 220.000 acre tract (courses numbered 38, 39, 40 and 41 in said Exhibit A, D.B.3445, P.13, Fra. Co.) the following four courses and distances: l.j N 71° 56' 22" E, a distance of 204.01 feet to a point of curvature; 2.) eastwardly, with the arc of a curve to the right having a radius of 151.78 feet, a central angle of 25° 39' 00" and a chord that bears N 84° 45' S2" E, a chord distance of 67.38 feet a point of tangency; 3.) S 82° 24' 38" E, a distance of 42.69 feet to a point of curvature; 4.) eastwardly, with the arc of a curve to the left having a !radius of 651.38 feet, a central angle of 3° 17' 23" and a chord ~Ithat bears S 86° 33' 21" E, a chord distance of 94.16-feet to the southeasterly corner of Lot 74 of said Muirfield Village Phase I, 'the same being an angle point in the northerly boundary of said Muirfield Village Phase I; Thence, wit}1 the boundary of said•Muirfield Village Phase I and with a portion of the southerly boundary of said 220.000 acre tract (courses n~unbered 42, 43 and 44 in said Exhibit A, D.B.3445, P.13, Fra. Co.), the following three courses and distances: 1.) N 15° 36' 03" E, a distance of 203.04 feet to a:point; 2.) N 5° 36' 10" W, a distance of 165.38 feet to a point; 3.) N 67° 19' S5" W, a distance of 224.43 feet to a point; Thence, with a portion of the northerly boundary of said Muirfield Village Phase I, with the southerly boundary of said 1.098 acre tract and with a portion of the southerly boundary of said 220.000 acre tract (courses numbered 45, 46, 47 and 48 in sa PAGE 5 OF 12 PAGES ti ~' . ' ~ ~, ~ . ' ~ ~ February 20 ,., 19 7 9 ~.~ XL XLVI .... XLVI I XLVIII XLI LI LII LIII LI L LVI LVI (DESCRIPTION OF 220.00 ACRES OF :,AND. Cont'd (Exhibit A, D:B.3445, P.13, Fra. Co.),~-the following four courses and distances: 1.), N 78° 57' 28" W, a distance of 337.74 feet to a point; 2.) S 55° 26' 10" W, a distance of 208.87 feet to a point; 3.) S 72° 03' 20" W, a distance of 139.52 feet to a point; 4.) S 59° 41' 14" W, a distance of 332.68 feet to the easternmost corner of said 6.982 acre tract; Thence, with a portion of the northerly boundary of said Muirfield Village Phase I, with the southerly boundary of said 6.982 acre tract and with a portion of the southerly boundary of said 220.000 acre tract (courses numbered 49 through 55, both numbers inclusive, in said Exhibit A, D.B. 3445, P.13, Fra. Co.) the following seven courses and distances: 1.) S 34° 49' 09" W, a distance of 215.57 feet to a point; 2.) S 79° 48' 43" W, a distance of 250.06 feet to a point; 3.) S 67° 59' 33" W, a distance of 439.27 feet to a point; 4.) S 82° 13' 14" W, a distance of 155.03 feet to a point; 5.) N 73° 32' S5" W, a distance of 137.64 feet to a point; 6.) S 78° 55' 02" W, a distance of 233.83 feet to a point; 7.) N 75° 45' 09" W, a distance Hof 71.50 feet to the northwesterly corner of said Muirfield Village Phase I in a curve in an easterly right-of-way line of Muirfield Drive, as said Muirfield Drive is designated and delineated upon the recorded plat of the Dedication Plat of Muirfield Drive And Easements, of record in Plat Book 49, Pages 81, 82 and 83, Recorder's Office, Franklin County, Ohio, and in Plat Book 12, Pages 6, 7 and 8, Recorder's Office, Delaware County, Ohio;. Thence northwardly, with an easterly right-of-way line of said Muirfield Drive, with a westerly line of said 6.982 acre tract, with a westerly line of said 220.000 acre tract (course numbered 56 in said Exhibit A, D.B.3445, P.13, Fra. Co.), and with, the arc of a curve to the right having a radius of 793.51 feet, a central ~sngle of 19° 04' 02" and a chord that bears N 13° 58' S0"W, a chord distance of 262.85 feet to the point of tangency; Thence N 4° 26' 49" W, with an easterly right-of=way line of said Muirfield Drive, with a westerly line of said 6.982 acre tract and with a westerly line of said 220.000 acre tract (part of course numbered 57 in said Exhibit A, D.B. 3445, P.13, Fra. Co.), a distance of 263.76 feet to the southwesterly corner of Muirfield Village Phase 5, the subdivision plat of same being shown of recorc in Plat Book 51, Pages 42 and 43, Recorder's Office, Franklin County, Ohio, and in Plat Book 12, Pages 14 and 15, Recorder's Office, Delaware County, Ohio; Thence, with a portion of the southerly boundary of said '~`"" Muirfield Village Phase 5 and with the northerly boundary of said ..+~ 2.104 acre tract, the following six courses and distances:' LVII 1.) N 44° 26' S3" E, a distance of 357.09 feet to a point; LI 2.) N 85° 32' S7" E, a distance of 348.88 feet to a point; ,~ L 3.) N 73° 17' 16" E, a distance of 374.38 feet to a point; PAGE 6 OF 12 PAGES .von X94 .Pace ::.~3~ d0~ ~~ ~~ ~ ~~~~~ ~~~~ February 20 , 19 7 9 ..~ DESCRIPTION OF 220.00 ACRES OF L71ND. Cont'd 4.) N 74° Ol' 14"~E, a distance of 282.74 feet to a point; 5.) N 81° 34' 36" E, a distance of 185.14 feet to a point; 6.) N 81° 40' S7" E, a distance of 271.34 feet to a point; Thence, with a portion of :-he southerly boundary of, with the', easterly boundary of and with a portion of the northerly boundary of said Muirfielci Village Ptiase 5, the following six courses and distances: 1.) N 52° 40' 35" E, a distance of 91.57 feet to a point; 2.) N 46° 06' 53" W, a distance of 449.44 feet to a point; 3.) N 54° 42' 24" W, a distance of 2.95.43 feet to a point; 4.) N 47° 19' 23" W, a distance of 215.42 feet to a point; 5.) S 68° 36' 42" W, a distance of 334.41 feet to a point; 6.) S 81° 40' 22" W, a distance of 424.86 feet to a point; Thence N 72° 23' 45" W, with a northerly line of said Muirfield Village Phase 5 and with the southerly line of said 0.217 acre tract, a distance of 808.64 feet to the southwesterly corner of said 0.217 acre tract, the same being a southeasterly corner of RESERVE "Z:", as the same is designated and delineated upon the recorded plat of Muirfield Village Phase 7, the subdivision plat of same being shown of record in Plat Book 12, Pages 17, 18, 19 and 20, Recorder's Office, Delaware County, Oliio; Thence N 1° 29' 36" E, with an easterly line of said Muirfield Village Phase 7 and with the westerly line of said 0.217 acre tract, a distance of 180.6', feet to a corner of said Muirfielc Village Phase 7, the same being the northwesterly corner of said 0.217 acre tract; Thence S 86° 07' S8" E, with a southerly line of said Muirfield Village Phase 7 and with the northerly line of said 0.21" acre tract, a distance of 213.32 feet to a southeasterly corner of said Muirfield Village Phase 7; Thence N 8° 18' 57" E, with an easterly line of said Muirfielc Village Phase 7 and with the westerly line of said 0.059 acre tract, a distance of 287.09 feet to the northwesterly corner of said 0.059 acre tract; Thence S 85° 06' 26" E, with a southerly line of said Muirfield Village Phase 7 and with the northerly line of said 0.059 acre tract, a distance of 395.50 feet to a point; Thence, with a portion of the southerly boundary of said Muirfield Village Phase 7 and with the northerly boundary of said 0.831 acre tract, the following three courses and distances: 1.) N 83° Ol' 17" E, a distance of 303.04 feet to a point; 2.) S 71° 32' 28" E, a distance of 307.22 feet to a point; 3.) N 80° 38' 45" E, a distance of 227.22 feet to a point; Thence S 87° 33' S9" E, with a southerly line of said Muirfield Village Phase 7, with a northerly line of said 0.831 acre tract and with the northerly line of said 0.001 acre tract, a distance of 323.23 feet to the northeasterly corner of said 0.001 acre tract; -; .. ~, I .~.. , ._._..._ _._----.-__~..._.. _,_._.__..--- PAGE 7 OF 12 PAGES I ' ~, n l _ •-:-__.. ;,:. '~> ,.~ • :, :1;„ - LX?CIX LXXX LXXXI LXXXI I' LXXXIII LXXXIV LXXXV LXXXVI LXXXVII LXXXVIII LXXXIX February 20,..1979 •.. DESCRIPTION OF 220.00 ACRES OF LAND. Cont'd Thence S 49° 46' 44"' E, with a southwesterly line of said Muirfield Village Phase 7 and with the northeasterly line of said 0.001 acre tract, a distance of 264.45 feet to a point; Thence S 61° 08' 26" E, with a southwesterly line of said Muirfield Village Phase 7 and with a northeasterly line of said 3.490 acre tract, a distance of 352.47 feet to a point; Thence N 86° 20' 36" E, with a southerly line of said Muirfield Village Phase 7 and with a northerly line of said 3.490 acre tract, a distance of 317.89 feet to a southeasterly corner of said Muirfield Village Phase 7; Thence, with the northeasterly boundary of said 3.490 acre tract, the following three courses and distances: 1.) S 55° 26' 35" E, a distance of 220.30 feet to a point; 2.) S 48° 09' 40" E, a distance of 418.83 feet to a point; 3.) S 32° 25' 29" E, a distance of 182.44 feet to the westernmost corner of said 1.794 acre tract; Thence, with the northerly boundary of said 1.794 acre tract, the f~~llowing three courses and distances: 1.) N 25° 09' 09" E, a distance of 128.68 feet to a point; 2.) N 62° 29' S7" E, a distance of 107.50 feet to a point; 3.) S 89° 29' 02" E, a distance of 413.30 feet to a point in a northwesterly line of said 0.942 acre tract; The~ice N 24° 07' S5" E, with a northwesterly line of said 0.942 acre tract, a distance of 201.80 feet to the southernmost corner of said 0.170 acre tract (EXHIBIT "D", D.B.404, P.163, Del. Co.); Thence N 16° 11' 39" E, with the westerly line of said 0.170 acre tract (EXHIBIT "D; D.B.404, P.163, De1.Co.), a distance of 266.41 feet to the northernmost corner of said 0.170 acre tract (EXHIBIT "D", D.B.404, P.163, Del.Co.) the same being in a westerly line of said 220.000 acre tract (course numbered 93 in said Exhibit A, D.B.3445, P.13, Fra.Co.); Thence N 6° 54' 16" E, a distance of 317.34 feet to a point; XC I I XC I I XCIII XCI~' XCVI' Thence N 9° 54' S6" E, a distance of 495.79 feet to a point; Thence N 17° 59' 11" E, with the easterly line of that 2.925 acre tract of land referred to as TRACT B and described in a deed to Jentgen Development, Inc., of record in Deed Book 419, Page 16, Recorder's Office, Delaware County, Ohio, a distance of 393.76 feet to a point; Thence N 22° 14' S1" E, a distance of 222.81 feet to a point; Thence N 9° 26' 21" E, a distance of 173.75 feet to a point; Thence N 3° 11' 18" E, a distance of 151.29 feet to a point in an easterly line of that 3.145 acre tract of land described in EYfiIBIT "A" in a deed to Muirfield Ltd., of record in Deed Book 410, Page 475, Recorder's Office, Delaware County, Ohio; Thence N 12° 30' 27" E, with an easterly line of said 3.145 acre tract, a distance of 228.87 feet to the southernmost corner ., PAGE 8 OF ?~2 PAGES - ~p~;,• 47`z P,Ki~' ~=~~ i 'von 4~4 ~~~€ ~~~ February 2A., 1979 ~,, XCVII ~.... XCVIII XCIX C CI CII . CIII CI C CVI CVII CI C DESCRIP`rION OF 220.00 AC:tES OF LAND. Cont'd of Lot 518 as the same is numbered and delineated upon the recorded plat of Muirfield Village Phase 8, of record in Plat Book 12, Pages 23, 24, 25 and 26, Recorder's Office, Delaware County, Ohio, the same being an angle point in the southerly boundary of said Muirfield Village Phase 8; Thence N 40° 55' S5" E, wit11 a southeasterly line of said Muirfield Village Phase 8 and with the northwesterly line of said 0.101 acre tract, a distance of 909.55 feet to the northernmost corner of said 0.101 acre tract; Thence S S6° 13' 39" E, with a southwesterly line of said Muirfield Village Phase .t3 and with the northeasterly line of said 0.101 acre tract, a distance of 593.39 feet to a point; Thence S 72° 13' 46" E, with a southerly line of said ('Muirfield Village Phase 8, a distance of 251.97 feet to a point; Thence S 53° 49' 32" E, with a southwesterly line of said Muirfield Village Phase 8, a distance of 344.73 feet to a point; Thence S 68° 56' 28" E, with a southerly line of said Muirfield Village Phase 8 and with a. northerly line of said 1.154 acre tract, a distance of 442.96 feet to a point; Thence N 73° 14' S8" E, with a southerly line of said Muirfield Village Phase 8 and with a northerly line of said 1.154 acre tract, a distance of 59.70 feet to a corner of said Muirfield Village Phase 8, the same being the northeasterly corner of said 1.154 a~~re tract; Thence S 16° 45' 02" E, with a westerly line of said Muirfiel Village Phase 8, with the easterly line of said 1.154 acre tract, parallel with and 60.00 feet westerly from, as measured at right angles, the centerline of said State Route 745, a distance of 110.78 feet to a southwesterly corner of said Muirfield Village Phase 8, the same being the southeasterly corner of said 1.159 acr tract, the same also being in a northerly line of Muirfield Village Phase 6, the subdivision plat of same being shown of recor in Plat Book 12, Pages l4 and 15, Recorder's Office, Delaware County, Ohio; Thence S 73° 14' S8" W, with a northerly line of said Muirfield Village Phase G and with a southerly line of said 1.154 acre tract, a distance of 97.33 feet to a point; Thence S 89° 41' 00" W, with a northerly line of said Muirfield Village Phase 6 and with a southerly line of said 1.154 acre tract, a distance of 117.13 feet to a point; Thence WEST, with a northerly line of said Muirfield Village I, Phase 6, with a southerly line of said 1.154 acre tract and with a southerly line of said 220.000 acre tract (part of course numbered 160 in said Exhibit A, D.B.3445, P.13, Fra. Co.), a distance of 108.74 feet to a northwesterly corner of said Muirfield Village Phase 6, the same being the northeasterly corner of said 0.083 acre tract (EX33IBIT "C", D.B.404, P.163, De1.Co.); Thence S 82° 59' 49" 'rd, a distance of 406.05 feet to a point; Thence N 40° 31' 43" W, with a southwesterly line of said 1.890 acre tract, a distance of 228.29 feet to a point; Thence N 73° 17' 30" W, with a southwesterly line of said 1.890 acre tract, a distance of 317.95 feet to a point; Thence N 52° 07° 34" W, a distance of 267.16 feet to a point; PAGE 9 OF 12 PAGES ~~ c' ,. . , _ .....,.r...._ _. _...___.-._._ _.~,_... ~ I '~ . ~-~ C}CI CXII CXIII CXIV C XV' CXVI CXVII CXVIII CXIX CXX CXXI • CXXII CXXIII .-« cxxz CXXV' CXXVI CXXVII CXXVIII CXXI) C .; ; February 20, 1979 DESCRIPTION OF 220.00 ACRES OF LAND. Cont'd ~~ Thence S 8',° 54' 44'" W, a distance bf 206.07 feet to a point; Thence S 58°-08' S0" W, a distance of 113.60 feet to a point;. Thence S 14° 35' 14" W, a distance of 553.51 feet to a point; Thence S 3° 33' 09" W, a distance of 402.90 feet to a point; Thence S 40° 20' S5" W, a distance of 513.60 feet to a point; Thence S 7° 14' 17" W, a distance of 322.90 feet to a point; Thence S 29° 18' 51" E, a distance of 10.35 feet to a point; Thence S 64° 50' 19" E, a distance of 51.81 feet to .a point; ;Thence S 68° 52' 59" E, a distance of 16.10 feet to a point in an easterly line of said 220.000 acre tract (course numbered 111 in said Exhibit ~1, D.B.3445, P.13, Fra. Co.); Thence S 18° 26' 06" E, with an easterly line of said 220.000 acme tract (said course numbered 111 in Exhibit A, D.B.3445, P.13, Fra. Co.), a distance of 26.98 feet to a point; Thence S 23° 57' 45" W, with a southeasterly line of said 220.000 acre tract (course numbered 112 in said Exhibit A, D. B. 3445, P.13, Fra. Co.), a distance of 44.01 feet to the northernmos corner of said 0.976 acre tract; Thence, with the easterly boundary of said 0.976 acre tract, the following three courses and distances: 1.) S 30° 57' 50" E, a c..istance of 93.05 feet to a point; 2.) S 22° 55' 56" P7, a distance of 282.31 feet to a point; 3.) S 18° 46' 00" W, a distance of 340.62 feet to a point in an easterly line of said 220.000 acre tract (course numbered 116 in said Exhibit A, D.B.3445, P.13, Fra. Co.); Thence S 9° 27' 44" E, with an easterly line of said 220.000 acre tract (said course numbered 116 in Exhibit A, D.B. 3445, P.13, Fra. Co.), a distance of 43.29 feet to the northwesterly corner of said 0.124 acre tract; Thence S 81° 06' 44" E, with the northerly line of said 0.124 acre tract, a distance of 225.17 feet to the easternmost corner of said 0.124 acre tract, the same being an angle point in the boundary of said 220.000 acre tract at the easterly end of course numbered 118 in said Exhibit A (D.B.3445, P.13, Fra. Co.) and at the westerly end of course numbered 119 in said Exhibit A (D.B. 3445, P.13, Fra. Co.); Thence S 79° 28' 37" E, a distance of 143.27 feet to a point; Thence N 73° 19' 03" E, a distance of 35.71 feet to the westernmost corner of said 0.083 acre tract (EXHIBIT "G", D.B.404, P.163, Del. Co.), said point being in the boundary of said 220.000 acre tract (said course numbered 119 in Exhibit A, D.B.3445, P.13, Fra. Co.); Thence N 72° 19' 20" E, with a northerly line of said 0.083 acre tract (EXHIBIT "G", D.B.404, P.163, Del. Co), a distance of 299.57 feet to a point; Thence N 83° 30' 39" E, a distance of 111.76 feet to a point the boundary of said 220.000 acre tract (course numbered 122 in said Exhibit A, D.B. 3445, Page 13, Fra. Co.); PAGE 10 OF 12 PAGES 401.494 PacE .f4~3 ,. ' ~. ;: ; ~ r , . f , ;'t ., ~ _. .~~,: , . v0~ ~~~ ~~'AGE ~~~ February 20,,,.1979 'rr iDESCRIPTION OF 220.00 ACRr.S OF LAND. Cont'd Thence, with t}ie boundary of said 220.000 acre tract (said course numbered 122 and courses numbered 123 through 134, both numbers inclusive in said Exhibit A, D.B.3445, P.13, Fra. Co.), the following thirteen courses and distances: 1.) N 56° 18' 36" E, a distance of 58.26 feet to.a point; CXXXI CXXXII CXXXIII ~~ CXXXIV CXXXV CXXXVI CXXXVII CXXXVIII CXXXIX C XL CXLI CXLII CXLIII CXLI ~ CXL CXLVI CXLVII CXLVIII CXI;IX C CLI 2.) N 59° 02' 10" E, a distance of 116.62 feet to a point; 3.) N 66° 48' OS" E, a distance of 152.32 feet to a point; 4.) N 59°"02' 10" E; a distance of 116.62 feet to a point; 5.) N 45° 00' 00" E, a distance of 113.14 feet to a point; 6.) N 11° 18' 36" E, a distance of 101.98 feet to a point; 7.) N 16° 41' 57" E, a distance of 208.81 feet to a point; 8.) N 45° 00' 00" E, a distance of 197.99 feet to a point; 9.) N 60° 15' 18" E, a distance of 161.25 feet to a point; 10.) N 14° 02' 10" E, a distance of 164.92 feet to a point; 11.) N 52° 07' 30" W, a distance of 228.04 feet to a point; 12.) N 30° 57' S0" W, a distance of 233.24 feet to a point; 13.) N 4° 05' 08" E, a distance of 25.62 feet to a point; Thence N 37° 25' 10" E, a distance of 182.62 feet to a point; Thence N 6° 23' 40" E, a distance of 264.99 feet to a point; Thence N 19°. 39' 25" E, a distance of 314.91 feet to a point; Thence N 82° 59' 49" E, a distance of 406.05 feet to the northeasterly corner of said 0.083 acre tract (EX}iIBIT "C", D.B. 404, P.163, Del. Co.); Thence S 13° 54' 43" W, with a westerly line of said Muirfiel Village Phase 6 and with the easterly line of said 0.083 acre tract (EXHIBIT "C", D.B.404, P.163, De1.Co.), a distance of 157.90 ,feet to a point; Thence S 31° 45' 34" W, with a northwesterly line of said Muirfield Village Phase 6, with the southeasterly line of said 0.083 acre tract (EX}}I BIT "C", D.B.404, P.163, Del. Co.) and with the southeasterly line of said 0.003 acre tract, a distance of 319.68 feet to a point; Thence S 4° 13' 50" E, wit}i a westerly line of said Muirfield Village Phase 6 and with an easterly lire of said 0.268 acre tract a distance of 324.78 feet to a poin.t;" Thence S 22° 27' 11" E, with a westerly line of said Muirfiel Village Phase 5 and with an easterly line of said 0.268 acre tract a distance of 173.77 feet to a point; Thence, with a portion of the westerly boundary of and with the sout}ierly line of said Muirfield Village Phase 6, the followin eleven courses and distances: PAGE 11 OF 12 PAGES _.. r .....,..,.r...,....,~.._.... _.., :.:.~..w ..... _. -- ' ~ -- i l rr .~~. ,::; 5;•'• CLII ~' ~ J CL I I I CLI CL CLVI `~~` CLVII CLVIII CLI CL CLXI CLXII CLXIII CLXI February 20, 1979 w. DESCRIPTION OF 7_20.00 ACRES OF LAND. Cont'd '' 1.) S 18° 22' 20"'E, a distance of 103.80 feet to a point; 2.) S 26° 08' 19" E, a distance of 142.66 feet to a point; 3.) S 39° 20' 43" E, a distance of 143.58 feet to a point; 4.) S 51° 23' 22" E, a distance of 148.02 feet to a point; 5.) S 80° 25' 31" E, a distance of 139.31 feet to a point; 6.) S 38° 55' 09" E, a distance of 294.58 feet to a point; 7.) S 31° 28' S0" E, a distance of 200.05 feet to a point; 8.) S 57° 11' S7" E, a distance of 98.7' feet to a point; 9.) S 47° 33' 54" E, a distance•of 132.05 feet to a point; 10.) S 24° 08' 35" E, a distance of 115.63 feet to a point; 11.) N 71° 13' 11" E, a distance of 55.99 feet to a point in a northeasterly line of said 220.000 acre tract (course numbered 173 in said Exhibit A, D.B.3445, P.13, Fra. Co.); Thence S 51° 20' 25" E, with a northeasterly line of said 220.000 acre tract (said course numbered 173 in Exhibit A, D.B. 3445, P.13, Fra. Co.), a distance of 59.34 feet to a point; Thence S 14° 02' 10" E, with an easterly line of said 220.000 acre tract (course numbered 174 in said Exhibit A, D.B.3445, P.13, Fra. Co.), a distance of 164.92 feet to the true point of beginning and containing 220.00 acres•of land, more or less, 73.61 acres of said 220.00 acres being in Franklin County and 146.39 acres being in Delaware County, Ohio, and 33.438 acres of said 2;?0.00 acres being all of Ipt 195 of said Muirfield Village Phase I. The above described 220.00 acres is of a configuration that forms an "island" of land, which island of land is not part of the above described 220.00 acres. Because of this configuration and in an effort to provide one continuous- metes and bounds description of the 220.00 acres, course identified as CVII in the left margin of the above description is "retraced" by (coincident 'with) course CXLVII. Subject to all rights-of-ways, easements and restrictions of previous record. We hereby certify that the above description was prepared, in part, from information obtained from an actual field survey of the premises by Bauer, Borowitz & Merchant, Inc., and, in part, from information taken from existing available records and that said description is correct. .,~:. . BP.iJER, BOROWITZ & MERCHANT, INC. Consulting Engineer.;~:,~•'' ' .. ,: i-~ ~• Felix R. orowitli,'~ . Registered Survey.dr ~Io•..'.5 61 PAGE 12 OF 12 PAGES VOI. 49~' P~Gf ~~~ ~. ;: .~t'~1+ -f`;~ ,VOA ~~~ ~~~f ,.;, y. EXIIIBIT C ~''! DESCRIPTION OF A 0.054 ACRE TRACT OF LAND . MUIRFIELD VILLAGE PIIASE I Situated in the State of Ohio, County of Franklin, Village of Dublin, being part of Virginia Military Survey Nos. 2545 and 6152, containing 0.054 acres of land, more or less, being 0.005 acres out of that 220 acre tract owned by Golden Bear Muirfield, Inc. of record in Deed Book 3445, Page 13, and 0.049 acres out of lot ;'~""' number 195, Muirfield Village, phase one; a plat of record, plat book Number 49 pages 84 thru 8R inclusive, all of record in the rw Recorder's Office, Franklin County, Ohio, and said 0.054 acre tract of land being more particularly described as follows: Beginning at an iron pin in the southwest corner of Lot 157, as delineated on the Record Plat of Muirfield Village, Phase I, and recorded in Plat Book 49, Page 84 through 88 inclusive, Recorder's Office, Franklin County, Ohio, said corner also being in the north right-of-way line of DUNNIKER PARK DRIVE. Thence, along the north right-of-way of DUNNIKER PARK DRIVE with a curve to the left, a delta of 1° 19' S3" radius of 1291.00 feet, a chord bearing S 49° 33' 30" W, a distance of 30.00 feet to an iron pin. Thence N 27° 51' 14" W, passing the north line of Lot #195 at 108.98 feet, a total distance of 125.00 feet to an iron pin. Thence N 62° 14' O1" E, a distance of 9.00 feet to an iron pin in the northwest corner of said Lot 157, Muirfield Village, Phase I; Thence S 37° 34' 10" E, with the west line of said Lot 157, Muirfield Village, Phase I, a distance of 120.17 feet to the PLACE ' OF BEGINNING, passing a monument- at 26.55 feet, said monument being the northeasterly corner of lot 195, of Muirfield Village, Phase One, and containing 0.054 acres, more or less. Subject to all easements, restrictions and rights-of-way, if any, of previous record. The above description was prepared by Hoc!caden and Associates, Inc., Consulting Engineers, Columbus, Ohio, from information obtained by an actual field survey. ~ _---. ~~ ! ~ i ~/I ~~A~:• . -,:, , r~ II ~------ EXHIBIT D October 11, X979 DESCRIPTION OF 0.054 ACRES OF LAND EAST- OF ,14UIRFIELD DP.~VE AND SOUTH..OF . CARNOUSTIE DRIVE IN RESERVE "Z" OF MUIRFIELD VILLAGE PHASE 7 IN TiiE VILLAGE OF DU$LIN, DELAWARE COUNTY, OHIO j Situated in the State of Ohio, County of Delaware, Village of Dublin, being in Virginia Military Survey No. 5162 (6152), containing 0.054 acres of land, more or less, said 0.054 acres being part of Reserve "Z" as the same is designated and delineated upon the recorded plat of Muirfield Village Phase 7, of record in Plat Book 12, Pages 17, 18, 19 and 20, Recorder's Office, Delaware County, Ohio, said 0.054 acres being more particulalry described as follows: Beginning, for reference, at a point in an easterly right-of- way line of Muirfield Drive as said Muirfield Drive is shown and delineated upon the Dedication Plat of Muirfield Drive And Easements, of record in Plat Book 12, Pages 6, 7 and 8, Recorder's Office, Delaware County, Ohio, and in Plat Book 49, Pages 81, 82 and 83, Recorder's Office, Franklin County, Ohio, said reference point of beginning being the southwesterly corner of said Reserve "Z" and the northwesterly corner of Reserve "R" as the same is designated and delineated upon the recorded plat of Muirfield Vill~lge Phase 5, of record in Plat Book 12, Pages 14 and 15, Recorder's Office, Delaware County, .Ohio, and in Plat Book 51, Pages 42 and 43, Recorder's Oftice, Franklin County, Ohio; thence, from said reference point of beginning, S 72° 23' 45" E, with the southernmost line of said Reserve "Z" and with the northernmost line of said Reserve "R", a distance of 13.46 feet to a southeasterly corner of said Reserve "Z"; thence N 1° 29' 36" E, with an easterly line of said Reserve "Z", a distance of 180.67 feet to a corner of said Reserve "Z"; thence S 86° 07' S8" E, with z southerly line of said Reserve."Z", a distance of 144.63 feet to the true point of beginning; Thence, from said true point of beginning, N 51° 05' 30" E, crossing part of said P.eserve "Z", a distance of 100.84 feet to a point in an easterly line of said Reserve "Z"; Thence S-8° 18' S7" W, witr- an easterly line of said Reserve "Z", a distance. of 68.69 feet to a southeasterly corner of said Reserve "Z"; ~~ ~~ Thence N 86° 07' S8" W, with a southerly line of said Reserve Z , a distance of 68.69 feet to the true point of beginning and containing 0.054 acres of land, more or less. Subject to all rights-of-ways, easements and restrictions, if any, of previous record. We hereby certify that the above description was prepared from information obtained from an actual field survey of the premises by Bauer, Borowitz & Merchant, Inc. and that said description is correct. ~1PPRDV~D FUR TRAPJSFER • FRED L. STULTS Delaware County Engfnoer DrSCUa'ilUtl U.I.. ~~~' -- J'OR CIUSINu QpIY .f DcL CoY[nJ; Ji ,.~ ~~ BAUER, BOROWITZ & MERCH~j.NT Consulting Engineers By . G~~~" -~fi~ F lix R. orowitz.;~.;' '~• ,.• . ~ Registered Surveyor I~o:'~~556. von 49~~ eacE- F4~7 ._ i,'`'4~:1~5*.~W-Id•K~Yr~rc!• .rr.r4^i ... . ?. !4'" ' •. „ , • •• ' EXHIBIT E ' I; CJOI;'fll Oi' Ul~ .': f'r;RJ: 1'~li;F: "i;:.Vr=. /~'il) ~~ ~'~~'~ " ! rll~::,'r c)t~ sc.>'rsclznlc. c~c;!:':' L;r 'fill; ~~ V.[LL11GC: OF i)U(;L[il AiJD IU PRtICI[{LI~I AiJD ~~ DILALJl1RE COUNTIES OF GilCO ;~ Situatccl in L•he State o~ Ohio, irr the Counties of Franklin and llclaw<zre and in The Village of Dublin, beincJ in Virginia ;; i•lilitary Survey No. 2545 and containing 5.000 acres of land, more ~; or less, part of s~zicl 5.000 zcres being oul• of that tract of land 'j de~cri.bcd in a decd to Goldetl Bear [•luirfield, Inc., of record in ~~ Deecl Boor. 3252, Page 144, Recorder's Office, Franklin County, I. Ohio, and in Deed Book 366, Paye 726, Recorder's Office, Delaware ~; County, Ohio, and part of said 5.000 acres being out of that tract !' of land referred to as Pr1RCEI, ~~ atld described in E:{E[ZDIT A of ~~ both of the deeds to Golden Bear t•luirfield, Inc., of record in ~~ Deed Book 32G9, Page 112, Recorder's Off.ir.e, Franklin County, ~! Ohio, and in Dced Book 366, Page 735, Recor.der's Uffice, Delaware ,! County, Ohio, and of record in Deed Dook 3269, Page 118,' Recorder's ~i -Uf.fice, Frankl.i.n County, Ohio, and'~in Deed Dook 365, Pade 728, Itecorcl~r's Office, Delacaare County, Ohio, 0.139 acres of said part ~' of that tract of land described in the deed of record in Deed ~! Dook 3252, Page 144, Recorder's Office, Franklin County, Ohio, and +~ in Deed Book 366, Page 726, Recorder's Office, Delacaare County, Ohio, being part of Lot 195 as the same is numbered and delineated I~; upon the recorded plat of MuirfieJ.d Village Phase I, of record in Plat Book 49, Pages 84, 85, 86, 87 and 88, Recorder's Office, l Franklin County, Ohio, and in Plat Book 12, Pages 1, 2, 3, 4 and ;1 5, Record=r's Office, Delaware County, Ohio, said 5.000 acres ;III being mor~a particularly described as follows: t j Beginning, in Franklin County, at the easternmost corner of ;i said Lot 195, the same being the southernmost corner of Lot 157 :; of said P4uirfield Village Phase I, said point of beginning also j being in a northeasterly right-of-vray line of Dunniker Park Drive, ~i fifty feet in width and at an angle point in the boundary of that ~~ 220.000 acre tract of land described in Exhibit A of a deed to Golden Bear Muirfield, Inc., o.C record in Deecl Dook 3445, Page 13, ~I Recorder's Office, Franklin Corirlty, Ohio, and Deed Boo)'. 389,, I 1' Page 167, Recorder's Office, Delacaare Cou.'~ty, Ohio; . .i ' ~ Thence soui:itwest:aardly, vaith a southeasterly 1.tne of said '. I,ot 19~, with a northwesterly right-of-vray line of said Dunniker '; Park >~ ive, caith •a southeasterly line of said 220.000 acres and ti caith t~e arc of a curve t:o the left (being a portion of the course numbered (24) in said description of 220.000 acres) having a radius ~~ of 1291.00 feet, a central angle of 2° 13' 22" and a chord 'chat ~ i bears S 49° 07'50" W, a chord distance of 50.08 feet to a point; 'i Thence N 37° 34' 10" P7, crossing a part of said Lot 195 and' i'. with Z line parallel with artd 50.00 feet westerly from, as ~; measus:ed at right angles, a northeasterly line of said Lot 195, a :: distance of 149.63 feet to a point in a northerly line of said '` Lot 195; f ;, l ' Tli^..nce N 80° 49' 4'~" 1.1, ~:;iLh a nortlicr:ly line oL• said Lot 195; ' a distance of 341.74 feet to a north~~rl;• corner oL• s.aicl Lot 195; ! a 'thence S 21° 40' l0" t•1, ~~:ith z e•;est.erly line of said Lot 195, i •• a clistarlc:e of. 263.29 Ecet to a corner of said Lot 195; ! '['hence N 71° 4~l' 49" Id, c:•ith <-~ northerly line of said Lot ~. 195, a distance of 235.93 feet to a point; I '1'hcncc a 4~~° 20' 15" c•1, ~ (l1St~lI1C~~ of OG.31 L-«7Ct to a point; 'I'lrcnc~~ ~J(i!t'I'll, c~ di.L-ancc~ ~F. .13~J.5G Ccct to ~i _~~~int; .,. 'i'h•:~nc~~ id ?3° 3')' 00" L•', .z cii: l'..~r.c~: ~c 80.00 Ccet to z point ~ in the Fr~znl:l.in-nc:.l<~:~ar.e Count'; lino; I t L _) ,f)L':~iCl?.C[''1'.LUi1 UL•' ~.OOn ,'1011;v ! ~ "•~ ~~ Thc~nee N 57° ~ ~ ~~ 4-~ 00 G, a dtsl:c(nco oL- 313.00 C~et to a point; (~ 'Thence N 82° 14' 45" E, a distance oL 229,00 .Peet: to a point; !~ 'Thence S 54° 15' 08" E, .a distance of 55.7 ' 0 feet to a point; '. 'Thence PJ 79° 51' 20" )'in l:hc northerly exl-ensionEofathes;,,~nce of 70.00 Peet to a point ~+~luirfield Village Phase I; sterly line oP Lot 159 of said I' •~ Thence S 10° OS' 40" E, with the northerl ex ~ G ~~w~:sterly line of said Lot 159, with the 1•;esterly linesofnsaidtLo I; 159 and, in part, with course numbered (22) in said descri tioli t ;7.20.000 acres, a distance of 165.00 feet to thn p of =of said Lot 159, the same being at the westernmostucornereofyLotrn ii 158 of said I`tuirf.ield Village Phase I; ~ ~ .. .. i' 'Thence S 37° 34' 10" E, c•~ith the south:~~esterly line of said 1~Lot 158, with the southwesterly line of said Lot •157, with a ~tnortl~easterly lino of said Lot 195, with course numbered (23 in ~saicl description of 220.000 acres and crossing said Delaware? ?'Fran};lin County line at a distance of 83.5 j~276.89 feet to the point of beginning and containin distance of ~!of land, more or less, ?_.614 acres of said 5.000 acres beingcins J~I'ranklin County and 2.386 acres of said 5.000 acres being in {Delaware County, Ul1io. ~I _Subject to all rights-of-1•rays, easements and restrictions, if ;j any, of previous: record. ~! We hey . ,~ reby certify that we have prepared the above description, ~f~and that said description is correct. .1 ;~ ' ;~ (j LiAUER, BURUI4Ix~Z & ?1F:.RCI~...t\;ITr . ZNC. ~~ Consulting Engineer ~' ' '~ ; '.) ~ .. -~ '~G- f. ~~ Felix ~~Borowit~~, ~ ~ . Registered Surv,}~O~`,,No, ,5561 l; ..,, :. 1i ~ ~. ~ I ,. ;; i ;. .' ~~• I •, .. ) I ,~.~ '~ k~GE ' ~ ~,~~ VO' i,~.,. i f ~. ~ I --. /._7(~~c~ DEL9WR('~E CUUMTY OHIO p~ ,1 ~ :~ ~:. ------- -- _ .. `V/ ~CJa•f~. ~.. lurn.ti 7)l.ts_.~ a..C ~.,~r.~,. 1 ~D fOR REC ORD~~+ O~~ ~ ~~~~ 17L, ~_O'C LnCK~~ A1. .~ VOL 4~~ P,~. f RECORD. E RECORnaD Novemb_e_r 20 1987 Deed - ` ;Y~ 2/~ T)'Lut.,.6.t.t,...P,~;.,: ~•,C.(_(ar~,, ,~i1.r~ CC'it`... ~ voL. 494 , ~,,.~ 650 rcl ~~,-.CRNF.RA WARRANTY DEED .. -- L /~ ~ cyurrt wr'etMDtitt /.k./~C~,.~t.,~,~ iOC..[.~,.v£.r. a2~T.~ GZ~I'ac.n rsear riuir=ieta, Inc . , an Ohio cor~~oration ( the "Grantor"), in consideration of One Dollar and other good and valuable consideration, the receipt and sufficiency of which are' hereby acknowledged, does hereby GRANT, BARGAIN, SELL and CONVEY, with general warranty covenants, to Muirfield Village Golf Club (the "Grantee"), its successors and assigns forever, the real , b property situated in the State of Ohio and County of Delaware and Village of Dublin described in. attached Exhibit A, which Exhibit A .is incorpcrated herein by this reference (the "Premises"). Prior Deed Reference: Liber 480, page 714. Tax Mailing Address: P.O. Box 565, Dublin, Ohio 43017 TO HAVE APdD TO HOLD the Premises, with all the privileges and appurtenances thereunto belonging to the Grantee, its successors and assigns forever. This conveyance is made SUBJECT TO: public streets and highways; zoning ordinances and governmental regulations; conditions, restrictions, and easements of record; and the lien of real estate taxes and assessments not yet due and payable. IN WITNESS WHEREOF,. the Grantor has executed this deed by its duly authorized officer effective the /3~f day of November, 1987. ' ned and acknowledged in e pre~se~/ce pf : ~ ~ GOLDEN BEAR MUIRFIELD, INC., an Ohio orporation J . By J G. i es, Vice President COUNTY OF FRANKLIN, ;iS: is instrument was prepared by Scott B. West, Young & Smith, 250 East Broad Street, Columbus, Delaware Coenh The Grants ha3 complied with `Bon 319.202 of the R l~ Tnnsler Tax Pa+d~ , TRANSFERREp.p~IRANSiFRiNO~JX~Y `'~~ ~ Dand R. Thomas, Auditor By Y rE'r` _._ _ _..--- 1. Before me, a notary public in and for said county, personally.,. appeared John G. Hines, Vice P~-esident of Golden Bear Muirfield, Inc., who acknowledged that he signed the foregoing instrument and~'~ that the same was his free act and deed and the voluntary act and'.,::. `• deed of said corporation. ,,.. -,:'- • IN WITNESS WHEREOF, I have hereto subscribed my name and ,;~:.;,~+'1~•' "••,.E~ affixed my official seal this /3~ day of November, 1987. ~ , 1;; .'~ .:.._~ ,`~~~ Sce+tt II. ~"Jrsf~ i~eltc!'R~y ~f ta:S .~ i . ,' • `'1 .' v ; p tiulury FutlUr„ Stith of Ohio ~~ ,.~• ~~~ .~~',~,;• • ~ ~ •~ G Alt' Cuunnioslar+ liar nn cx;tlratlast tfatq- tart' Pu 11C -~ ••,. ~, „ ,' ~,~ . S$cllon 147.O:i ft.G .....••~; Th ' -~ ' r I Esq., Murphey,' Ohio 43215. ~~ .~ ~ _ ~~ ~ ~ , EXHIBIT A 86067313 April 18, 1~~6 DESCRIPTION OF 4.900 ACRES OF LAND LOCATED SOUTH OF THE ESTATES OF 2dUIRFIELD VILLAGE IN THE~VILLAGE OF DL'3LIN, COUNTY OF DELAWARE, STATE OF OHIO ( F.'ARCEL K) ~~ Situated in the State of Ohio, Country of Delaware, Village of Dublj.n, being in Virginia Military Survey No. 2545, containj.ng 4.900 acres of land, more or less, said 4.900 acres being out of the land conveyed to Muirfield Ltd. by deed of record in Deed Book 377, Page 418, Recorder's Office, Delaware County, Ohio, and in Deed Book 3349, Pagt~ 584, Recorder's Office, Franklin County, Ohio, said 4.900 acres of land being more particularly described as follows: Beginning at 3/4-inch (T.D.) iron pipe at a point in a curve in a westerly right-of-way line of Muirfield Court, fifty feet in width, at the southeasterly corner of Lot~685, as said Muirfield Court and Lot 685 are shown and delineated upon the recorded plat of The Estates of Muirfield Village (Muirfield Village Phase 11), of record in Plat Book 12 Pages 47, 48 and 49, Recorder's office, Delaware County, Ohio; Thence southwestwardly, with the arc of a curve to the right having a radius of 325.00 feet, a central angle of 1.10'10" and a chord that bears S-30.32'55"W,. a chord distance of 6.63 feet to a 3/4-inch (I.D.) iron pipe at the point of tangency; Thence S-31'08'00"W, a distance of 234.00 feet to a r, 3/4-inch (I.D.) iron pipe at a point of curvature; Thence southwestwardly, with the arc of a curve to the right having a radius of 225.00 feet, a central angle of 20.10 00 and a chord that beans 5-41'13'00"W, a chord distance of 78.79 feet to a 3/4-inch (I.D.) iron pipe; Thence N-3.1'54'23"W, a distance of 119.43 feat to a 3/4-inch (I.D.) iron pipe; Thence S-82.30'15"W, a distance of 193.16 feet to a 3/4-inch (I.D.) iron pipe; Thence N-60'38'32"W, a distance of 91.79 feet to a 3/4-inch ~ (I.D.) iron pipe; Thence 5-75.10'25"W, a distance of 351.71 feet to a 3/4-inch (I.D.) iron pipe at an angle point in the easterly boundary of that 220.00 acre tract of land described in "Exhibit X" of the deed to Golden Bear N:uirfield, Inc., of record in Deed Book 429, Page 534, the same being an angle point in the easterly boundary of that 0.976 acre tract of land described in EXHIBIT "F" in the deed to Golden Bear Muirfield, Inc., of record in Deed Book 404, Page 163, both being of record in the Recorder's Office, Delaware County, Ohio; Thence ~~ 220.00 acre acre tract, pipe at an acre tract, acre tract; N-30'~57'S0"W, with a northeasterly line of said tract and with the northeasterly line of said 0.976 a distance of 93.05 feet to a 3/4-inch (I.D.) iron angle point in the easterly boundary of said 220.00 the same being the northernmost corner of said 0.976 PAGE 1 OF 2 PAGES von 4~~,, P~cE e51' ,, :~,.. a ... II V N~rll 1t3, lybb a or ~ g ~ W ~ •~. t~.t r~ i = W ~~ d `~" ~ ~ a a r ~¢ o cx A 4. ~,. o Provisi for the sale, r color a able. r DESC:~IPTION OF 4.900 ACRES OF LAND (Cont'd) Thence N-23'57'45"E, with a southeasterly line of said 220.00 acre tract, a distance of 44.01 feet to a 3/4-inch (I.D.) iron pipe at an angle point in the easterly boundary of said 220.00 ztcre tract; Thence N-.18.26'06"W, with an easterly line of said 220.00 acre tract, a distance of 26.98 feet to a 3/4-inch (I.D.) iron pipe at an angle point in the easterly boundary of said 220.00 acre tract the same being in a southerly. line of Lot 683 of said The Estates of Muirfield Village; Thence, with the boundary of said The Estates of Muirfield Village, .the following six courses and distances: - 1.) S-68"52'59"E, a distance of 72.20 feet to a-3/4-inch (I.D.) iron pine; 2.) N-67"21'32"E, a distance of 251.26 feet to a 3/4-inch (I.D.) iron pipe; 3.) N-33'58'39"E, a distance of 143.22 feet to a 3/4-inch (I.D.) iron pipe; 4.) N-25'25'20"W, a distance of 151.33 feet to a 3/4-inch (I.D.) iron pipe; 5.) S-75°55'29"E, a distance of 374.41 feet to a 3/4-inch (I. D.. ) iron pipe; 6.) 5-55"19'39"E, a distance of 257.71 feet to the point of beginning and containing 4.900 acres of land, more or less. Subject to all rights-of-way, easements and restrictions, if any, of previous record. We hereby certify that the above description was prepared from information obtained from various field surveys conducted by Bauer, Davidson & Merchant, Inc. beginning in April of 1976 at~d extending through April 18, 1986. All of the survey markers noted in t:he foregoing description were in place on April 18, 1986. The bearing given in the foregoing description correspond to the bearing: shown on the Dedication Nlat of Muirfield Drive and Easements, of record in Plat Book 12, Pages 6, 7 and 8, Recorder's Office, Delaware County, Ohio, and in Plat Book 49, Pages 81, 82 and 83, Recorder's Office, Franklin County, Ohio; BAUER, DAVIDSON tx MERCHANT, INC. Consu ting Engineer/s~ c~. BY ~ ~~~(• ~/S/i,~i,~ 1 ramie L. Davis ofessional Surveyor No. 6942 s contaiiiod in any dr3od c>r otlrorlnstrumant nveyance of a dwolling whioh restrict tl~e tal or use of the propQrty becauso of race or invalid undor faderal lawandare unenforco- PAGE 2 OF 2 PAGES t, I ~ r /'~ ODFL~AW p.~ [v'?001~1 }N/~(T7Y', OHIO p r Flog. REGr`RD ~_~~~ ~-V~~Q~_...~o ~V. ~8 O'(:IO CK~M. RE C~~O R~~. F C(1R~)EDNOV einb er' 20._~~87 D.~ed o~ 49~ -----___. ' "'~ r 6_,53 ru s Lb ;.e~. I I ,~ i • --_ , . • ~ ~t ~ , ' H. , ti ~~ ~, .. ~ , ~ .. `. -Y>Lu~..,•~',,r~.~. r.G y,~.e.(~ ~ /~1.i-~' CCU--f/" WARRANTY DEED COVT•'1'Y 11 EtYORDE~r ~ ~' ~~L~;,, ,au.. t~/,•Gt/. ~~r~~ ie lemorial 'Tournament, an Ohio not for profit corporation, ,(the "Grantor"), in consideration of One Dollar and other good and valuable consideration, the receipt and sufficielzcy of which are hereby acknowledged, does hereby GRANT, BARGAIN, SELL and CONVEY, with general warranty covenants, to Muirfield Village Golf Club ' (the "Grantee"), its successors and assigns forever, the real property situated in the State of Ohio, County of Delaware and Township of Concord described in attached Exhibit A, which Exhibit A is incorporated herein by this reference (the "Premises"). ~~ Prior Deed Reference: Deed Book Volume 476, page 477. Tax Mailing Address: P.O. Box 565, Dublin, Ohio 43017 ...., TO HAVE AND TO HOLD the Premises, with all the privileges and appurtenances thereunto belonging to the Grantee, its successors ''"~"' and assigns forever. This conveyance is made SUBJECT TO: ,public streets and highways; zoning ordinances and governmental regulations; conditions, restrictions, and easements of record; the lien of real estate taxes and assessments not yet due and payable, and tenant's rights. IN WITNESS WHEREOF, the Grantor has executed this deed by its duly authorized officer on the/~_day of November, 1987. ' ned and acknow edged in he Ares nce f: TILE MEMORIAL TOURNAMENT, an Ohio not for profit corpor tion By J n G. n s, Vice President STATE OF OHIO COUNTY OF FRANKLIN,SS: Before me, the subscriber, a notary public in and for said ~~ state and county, personally appeared John G. Hines, Vice President of The Memorial Tournament,. the Grantor in the foregoing instrument, who acknowledged the execution of this instrument to be his free act and deed and the free act and deed of The Memorial Tournament for the uses and purposes set forth therein. '':a;?, ;; .::~ ._ ,,...., , J ,_ :1 IN WITNESS WHEREOF, I have hereto subscribed my name .~hd`\;~~;~•;;;~j~;'~'' affixed my seal on this~~~day of November, 987. ~~ ~ r.,, t. ,p Scolt ET. ti"/est, At±c~rm~ et L.fl'.': ~i~~t%~l/l. ' , ~ `r'*r~~r'~ ..~ ~ fyutary Pub14c, Stnto of Uhi+a •~' ~y ?~, ~ ~ c.r 14y ror~irni~'.^i^~ ira ; na ^zpirat'snn da!+3 No ary Pu 11C 'y` '~. , ~` 5r;ctian J.d7.Uct R.C. .. r~, •;' ,. ~J This instrument was prepared by Scott B. West, Esq. , 250 East"'-•,,, ~ Ti.T ti Broad Street, Columbus, Ohio 43215. ''~°"' ' Delaware Coenh ' The Grantor has Complied with Sec qn 319202 of the R.C__ ~p ' V9L ~~~ ~~~~, "~;~~ DateTransfer Tax Par L ~ TRAtiSFERRE6-4R7RAftSTE l9EGt RY Dand R. Thomas, Auditor By' ~ tit _ t.Viltil'1' H DESCRIFTIOA OF 41.260 ACRES DIOCESE OF COLIIHBUS TRACT S.R. 745 (DUBLIN-BELLEPOINT GOAD) von •4~.~ ~~~ ~~?~ . i '.. ' Situate in the State of Ohio, County of Delaware, Concord Township, being in Virginia Mili*_ary Survey No. 2545 and being all of the 41.327 acre tract conveyed to Edward J. Herrman, Bishop of the Roman Catholic Diocese of Colur.,bus, by deed of record in Deed Book '380, page 613, and Deed Book 178, page 54, record of the Recorder's Office, Delaware County, Ohio, ,and being more particularly described as follows: """"' Beginning at a railroad spike in the centerline of State Route 745 (Dublin-Bellepoint Road) at the northwesterly corner of the said ~r 41.327 acre tract and the southwesterly corner of the 6.053 acre tract conveyed to Mark and Mary Buchsieb, et al. by deed of record in Deed Book 451, page 254 said point being located S 160 29' 49" E, a distance of 631.25 feet (along said centerline) from a railroad spike at the centerline of said State Route 745 and Glick Road (Delaware County'Road, No. 126); Thence N 710 38' 28" E, a distance of 755.52 feet, along the northerly line of the said 41.327 acre tract and the southerly line of the said 6.053 acre tract and the 2.000 acre tract conveyed to Karl A. Dema.ler and Richard J. Kondas„ by deed of record in Deed Book 441, page 740 (passing an iron pin on line• in the easterly right-of- way line of said State Route 745 at a distance of 30.01 feet) to ar. iron pin at the southeasterly corner of said 2.000 acre tract and the southwesterly corner of the 1.00 acre tract conveyed to James J. Ryan, Jz. by deed of record in Deed Book 410, page 490; Thence N '710 34' 41" E, a distance of 254.40 feet, continuing along the northerly line of the said 41.327 acre tract and the southerly line of the said 1.00 acre tract to a brass plug set ir. concrete at ttie southeasterly corner of said 1.00 acre tract and the northeasterly corner of the said 41.327 acre tract and the 'northwesterly corner of the 10.7 acre tract conveyed to the City e_ Columbus by deed of record in Deed Book 160, page 174; Thence S 340 51'.36" E, a distance of 1218.72 feet, along t`~e easterly line of the said 41.327 acre tract and the westerly line of the said I0.7 acre tract to a brass plug set in concrete at the southwesterly corner of said 10.7 acre tract; Thence N 700 58' 33" E, a distance of 181 feet, more or less, along the southerly line of the said 10.7 acre tract (passing a brass plug set in concrete on line, at a distance of 115.36 feet) to the west bank of the Scioto River at the low water mark; Thence S 15° 52' S1" E, a distance of 245.77 feet, more or less, • along the low water mark of the said west bank of the Scioto River to a point at the southeasterly corner of the said 41.327 acre tract said point also being the northeasterly corner of "HIGHLAND HEIGHTS" of record in Plat Book S, page 21; Thence S 71° 00' 43" W, a distance of 1566.60 feet, along the southerly line of said 41.327 acre tract and the northerly line of said "HIGHLAND HEIGHTS" (passing an iron pin on line at a distance of 1536.20) to a point in the centerline of said State Route 745 at the northwesterly corner of said "HIGHLAND HEIGHTS"; Thence N 16° 47' S4" W, a distance of 1214.19 feet, along the centerline of said State Route 745 to an iron pin at an ar.;le po:r.~ zn said cen~erline; ~, ,. , Provisions contain©d in an dood or other instrurne Y nt _ ~ o ~ ~~ for tf~» conveyance o(a dvrelling whiol~ rostrict tiro ,B 'sale, rontal or t.tse of tt~o proporty because of race or ti ~ ~ color ar® invalid undor federal la~v snd are urieztforca- ~ ~ U able. Ul ~ l;,; y. ' r Thence N 160 29' 49" W, a distance of 215.27 feet, cont•'ir,uing along the centerline of said .State Route 745 to the ,point of beginning containing 41.260 acres, more or less, and being subject to all easements and restrictions of record. ~~,~r~~rrr,r.,,,~., ``~~~.~` ~ 0 F ~.,,~ 8. D. ZANDE fi ASSOCIATES, LTD. ``' L YlRY do ~-- r ~ . ~rG,^~ ~.: a:•~ ~ Registered Surveyor :.o. 6096 January 3 , 1985 R ~ ~ ~ ~ RDZ JN 1550 ~"""~ LWP/tf d ~4'~~1~~)i~F~)~ ° \ Fu~~ rcn,~~r~, r ~ ~ a ~_. s~~ «~~i~~ Uclnit~arc Ccunly Er~incer ~o~ 494 Pr<cE e55 ~..; ' 4 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DELAWARE COUNTY, OHIO IN THE MATTER OF THE PETITION FOR ANNEXATION OF 42.387 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP, DELAWARE COUNTY, OHIO TO THE CITY OF DUBLIN STATE OF OHIO SS COUNTY OF FRANKLIN EXHIBIT lw a 9 Jay R. Miller, P.S., having first been duly cautioned and sworn, deposes and says: 1. I am a professional registered surveyor in the State of Ohio, carrying registration number 8061. 2. I am currently employed with Bird and Bull Engineers and Surveyors as a professional surveyor. 3. I was responsible for the preparation of the original annexation map and legal description for the annexation of 42.387 acres, more or less, from Concord Township, Delaware County to the City of Dublin in my capacity as a professional surveyor. 4. It is my opinion that the map, plat and legal description of the 42.387 acre annexation filed with the Delaware County Commissioners with the annexation petition are accurate. 5. The plat contains the property owner's name inside the area sought to be annexed and property identification inside as well as outside the area sought to be annexed, so that there is no mistake as to the property included within the annexation area. Using the map, plat and Page 1 of 2 ,, description, a person could go into the field and determine what area is included in the area sought to be annexed and what area is outside of the area sought to be annexed. ~,,,,.,~.«ww.... Further Affiant say j ?a,M~ ~~~.~. F ohj~'• =re~. s ~ RAYMOND f ~~ -p ~ MILLER ~~ -" - ~'* 7~ i ~06~ ~* J R. filler, P.S. ~~~~ Sworn to and subscribed to in my presence by Jay R. Miller, P.S. this ~~ day of November, 2001. ~~ c9~ ~: ¢ AMY E. COGHLAN Notary Public, State of Ohio . ` Commi ©~ MY ssion moires 06-05-05 .o~ .~~ Page 2 of 2 ~.. , __ CITY OF DUBLIN Office of the City Manager 5200 Emerald Parkway -Dublin, Ohio 43017-1006 Phone: 614-410-4400 -Fax: 614-410-4490 To: Members of Dublin City Council From: Timothy C. Hansley, City Manager Date: November 1, 2001 Re: Su~~plement to annexation maps in last Council packets Initiated by'~Barbara M. Clarke, Director of Planning Memo City Council requested land use information for two pending annexations. The Planning staff prepared a supplemental map and memo, and these were distributed at the October 15, 2001 City Council meeting. The annexation areas were superimposed on the "Future Land Use" map from the 1997 Community Plan (page 49), and this apparently caused some confusion. Also included was a copy of the latest Metropark Master Plan. Both sites seem to require a bit of additional explanation. The eastern 42-acre site on Dublin Road is often characterized as the "Kroger site." Much of it is used annually for Tournament parking. The Community Plan map actually shows the parking lot layout, and this makes the underlying yellow (land use) color difficult to discern. The yellow color means "Residential-Medium Density (1-2 ' du/ac.)", and this. was the land use tested in the computer modeling for the "preferred" scenario in the Community Plan. [The Tournament parking lot was expected to be a more or less "permanent" land use.] Medium density residential was the preferred land use assigned to most of the undeveloped parcels in the northwest quadrant of Dublin. The western 99-acre annexation abuts Muirfield Village Phase 43. It has limited frontage ~r.r on McKitrick Road and is shown as "Metro Park" on the preferred land use plan. The Metro Parks' latest conceptual master plan (attached) indicates the areas acquired or expected to be acquired for park purposes. No future acquisitions are indicated on the east side of Hyland-Croy Road. The Community Plan indicates all other undeveloped parcels to the east of Hyland-Croy Road as yellow, meaning "Residential-Medium Density (1-2 du/ac.)." This land use should be assumed for this site as well. Attachments: Community Plan Future Land Use Map June 8, 2001 Metropark Conceptual Master Plan Close-up of eastern site Close-up of western site SUtlMlTTED ?O OOUNdt ~ fOR MEETINQ ON ~ d .-w .`~ - ., ,,: ' ~, , ., ~ ~~ .. .`, t "~.. . . t r,r • ~ r ~, ~ . , •~ ~ ~~" .. ~ `{ ~ r ~ ~' ~ r J ` ' ~ :~r ' : f + , . ~, . f ~ ' x ~ ~' 1 , y,. ~ • t , , a i. y + .... -- -- ~ ~ ;, ~-~ _ y ^~ ~f rt _ _ */~ ~ ~ ~ ~: ~. ~ s t _. •+~ '' ,e.r - . r .. ; ,_ ~ ~ ~- o- _~t 1 ~` . r` ~"`.~... ' ~\. ' - • ~~. ,~~ ~; ,_ ~ _ ~; --,_.. "~ ~ 1 -; _ ._ •~ , _ e. J s) ' ~ ! r `~. _ s f. . ii f~. ~1. ,•~ Proposed Annexation with Future Land Use _ Cn~~awi-~arJ'a~n-.dn ir.l E'oilclm:i,. Ji CfIIIrY div. h { r cfp,~J_ b'p~ifionr ~:_Hi9f ~Vivint k'.:,: eb.:,'':s:, l~ .°.e:i~rta-eigf knchy l:+-rN:'..y-f ~. :w}:- CEI_r. - . - Rev. rv4.•. r1nr:~pmer I g--,~au<tr: i ifs Itrki~Y - ' ~ PoMI: i 'r~In rBp''vngl. ~ ~ ~ ,. =ilg, '~l ~crF fwL: t. r-xrxxr rd ~~ .A-i1 -dYlim ,, - f'_b ~u L:-LI k~~.nJ Rni ~I 'Gx