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25-98 OrdinanceORDINANCE N0.25-98 AN ORDINANCE DECLARING IMPROVEMENTS TO A CERTAIN PARCEL OF REAL PROPERTY TO BE A PUBLIC PURPOSE, DESCRIBING THE PUBLIC INFRASTRUCTURE IMPROVEMENTS TO BE MADE TO BENEFIT THAT PARCEL, REQUIRING THE OWNERS THEREOF TO MAKE SERVICE PAYMENTS IN LIEU OF TAXES, AND ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND FOR THE DEPOSIT OF SUCH SERVICE PAYMENTS. WHEREAS, Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43 provide that this Council may declare improvements to a parcel of real property located in the City to be a public purpose, thereby exempting those improvements from real properly taxation for a period of time, specify public infrastructure improvements to be made to benefit that parcel, provide for the making of service payments in lieu of taxes by the owner thereof, provide for the distribution of the applicable portion of those service payments to the overlapping Dublin City School District and establish a municipal public improvement tax increment equivalent fund into which such service payments shall be deposited; and WHEREAS, Duke Realty Limited Partnership has acquired certain real property located in the City, which property is described in Exhibit A hereto (the "Property"), and contemplates making improvements to the Property, and this Council expects to make the public infrastructure improvements described in Exhibit B hereto, that once made would benefit the Property; and WHEREAS, the City has determined that it is necessary and appropriate and in the best interests of the City to provide for service payments in lieu of taxes with respect to the Property pursuant to Section 5709.42 of the Ohio Revised Code; and WHEREAS, this City Council finds and determines that notice of this proposed Ordinance has been ~~~ delivered to all affected school districts in accordance with Section 5709.83 of the Ohio Revised Code and hereby ratifies the giving of that notice; °~~ °° NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Franklin, Union and Delaware Counties, Ohio, that: Section 1. Pursuant to and in accordance with the provisions of Ohio Revised Code Section 5709.40, this Council hereby finds and determines that 100% of the increase in true value of the Property subsequent to the effective date of this Ordinance (which increase in true value is hereinafter referred to as the "Improvement" as defined in Section 5709.40) is hereby declared to be a public purpose, and shall be exempt from taxation for a period commencing on the date of passage of this Ordinance and ending with the earlier of the earlier of thirty (30) years from such date of passage or the date on which the City can no longer require semiannual service payments in lieu of taxes under Sections 5709.40 and 5709.42 of the Revised Code, all in accordance with the requirements of said Sections 5709.40 and 5709.42. Section 2. The public infrastructure improvements set forth in Exhibit B hereto and to be made by the City are hereby designated as those public infrastructure improvements that directly benefit, or that once made will directly benefit, the Property (the "Infrastructure Improvements"). Section 3. As provided in Section 5709.42 of the Revised Code, the owner of the Improvement is hereby required to, and shall make, service payments in lieu of taxes to the County Treasurer on or before the final dates for payment of real property taxes, applicable portions of which service payments shall be (i) distributed by the Franklin County Treasurer to the Dublin City School District, or (ii) deposited in the Woerner- Temple Road Project Municipal Public Improvement Tax Increment Equivalent Fund established in Section 4 hereof, all pursuant to Ohio Revised Code Sections 5709.40 and 5709.42 and as provided in Section 4 of this Ordinance. The Tax Increment Financing Agreement between and among the City and Duke Realty Limited Partnership, in the form presently on file with the Clerk of Council, providing for, among other things, the payment of such service payments in lieu of taxes, is hereby approved and authorized with changes therein not inconsistent with this Ordinance and not substantially adverse to this City and which shall be approved by the City Manager and Director of Finance. The City Manager and Director of Finance, for and in the name of this City, are hereby authorized to execute that Agreement, provided further that the approval of changes thereto by those officials, and their character as not being substantially adverse to the City, shall be evidenced conclusively by their execution thereof. This Council further hereby authorizes and directs the City Manager, the Clerk of Council, the Director of Law, the Director of Finance, or other appropriate officers of the City, to make such arrangements as are necessary and proper for collection from the owner of said service payments in lieu of taxes. Section 4. Pursuant to Ohio Revised Code Sections 5709.40 and 5709.42, the County Treasurer shall distribute to the Dublin City School District from those payments in lieu of taxes provided for in Section 3 of this Ordinance, and at the same time and in the same manner as real property tax payments, amounts equal to the amounts that School District would otherwise receive as real property tax payments derived from the Improvement absent the passage of this Ordinance. This Council hereby establishes pursuant to and in accordance with the provisions of Section 5709.43 of the Ohio Revised Code, the Woerner-Temple Road Project Municipal Public Improvement Tax Increment Equivalent Fund (the "Fund"). The Fund shall be in custody of the City and shall receive from those payments in lieu of taxes all amounts not distributed to the Dublin City School District. Those annual service payments in lieu of taxes with respect to the Improvements on the Property, so deposited and distributed pursuant to law as provided in Section 5709.42 of the Ohio Revised Code, shall be used solely for the purposes authorized in Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43. The Fund shall remain in existence so long as such service payments aze collected and used for the aforesaid purposes, after which said Fund shall be dissolved in accordance with said Section 5709.43 of the Ohio Revised Code. Section 5. Pursuant to Section 5709.40 of the Ohio Revised Code, the Clerk of this Council is hereby directed to deliver a copy of this Ordinance to the Director of the Department of Development of the State of Ohio within fifteen days after its passage. On or before Mazch 31 of each year that the exemption set forth in Section 1 hereof remains in effect, the Clerk or other authorized officer of this City shall prepaze and submit to the Director of the Department of Development of the State of Ohio the status report required under Section 5709.40(E) of the Ohio Revised Code. Section 6. This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 7. This Ordinance shall be effective at the earliest date permitted by law.. Signed: Press ing Officer Attest: ~.~~ Clerk of Council Passed: , 1998 Effective: 1998 hereby certify thot copies of this 4rdinaace/tt~twiee-were pvsled in >~ City of Dublin in acertfnnce with Section 731.23 of tfte Ohio >Rrrfsed fide. ~(-- rit ouncil, D ! ,Ohio -2- EXHIBIT A LEGAL DESCRIPTION OF PROPERTY SHA///~OCK ll. AN ANIb UAlIr~O PAR]"NERSHIP Q!!KE REALTY !M/ESTYENTS s~`°~, ~~ ti /l ~. ~ ~~~~ ^ ~ ~ ~ ~- ' 1 . avriarLeK 1 . iaf •~ l ~~! rn~o +rawa~ ac ~ i AAA ~NRI' IAr ~ ~~ aR ~~ k Page 1 of 3 r i r '~k3 .19rit.wo oc a ~FSawr o4 ~' ~J i i 1 ~ i ~~ ~~~~~ August 29,1997 DESCRIPTION OF 0.930 ACRE EAST OF EMIIRALD PARKWAY SOUTH OF SHII7,R RINGS ROAD CITY OF DUBLIN, OHIO Situated in the State of Ohio, County of Frankliq Ciiy of Dublin, being part of Virginia Military Survey No. 3011, being part of that odghra125.681 acre tract as dexribcd is a deed W DCP As.4odates, of record is Official Records Volume 14090, Paga H09, all refet+errcea herein being to the records of the R~ecorder'a OtFce, Franklin County, Ohio. and being more particularly described as follows: Beginning at an icon piu found at the southeasterly corner of said 2S.68I acre tract, at the eouthwastorly comer of Reserve "A" of Shamroelc II. a subdivision of record .in Plat Book S7, Pegs 7 and is the northerly line of that 5.63 acro tract as described in a deed to Duke Realty Limited Partnership, of record in Of~'icial Records Volume 31969. Page C04; Theses North 87 ° 58' oz" west, along the southerly lino of said 25.681 acre tract and the northerly line of said 5.963 acre tract, a distance of 166.7? feet to an Iron pin found at the northwesterly comer of said 5.963 acre tract and in the easterly right-of--way lice of Eanerald Parkway, dedicated to public use is Plat Book 86, Pages 24 and 25; Thence along said right-of-way Ilne the followipg courses: 1. North 23° 44' 19" East, a distance of 187.57 feet to an iron pin found at a point of curvature; 2. With arc of a curve to the left, having radius of 1482.00 feet, a central angle of 8 ° 08' 49", the chord of which bears North 19 ° 39' SS"East, a chord distance of 210.55 feet to an iron pin found; 3. North 58' Sl' 06" Erik, a distance of 37.52 feat to an iron pin found; 4. South 77 ° 06' S5" East, a distance of 8.10 feet to an trop pin found in the easterly line of said 25.681 acre tract, fhc westerly lice of flu aforementioned Reserve "A"; Thence South 5 ° 12' 34" West, along said easterly and westerly lines, a distance of 405.51 feet to the place of beginning and containing 0.930 acre of land. 13earinga herein arc based on those of rho referenced plat for Emerald Parkway, of record itt Plat Book 86, Pages 24 and 2S, ie. North 23 ° 44' 19" East far rho eavterlyright-of- way line whore contiguous to tl-e westerly lino of the propcdy described herein. This descriptiart was prepared by M E civil Engineering, Inc. based art Information obtained t3rom a Seld survey perfomud in August of 1997. ,~~P'~. AOtiEg1' -., i t y : 8, z o + i ~ 1tIY88 ~ s~F 1i-Bif72~ j ~ ~G~!S~E y ~~~ M-E Civil Enginearing, Inc. ~ Robed S. W Registered Sury o No. 6$72 97320500.930~gUeeal Page 2 of 3 August 29,1997 DF.SCRIPITON OF 15.213 ACRES EAST OF EA~RALD PARK~IAY 30UTH OF SFIIBR RIN{3S ROAD CITY OF DU$LIN, OHIO 3ituatod In rho State of Olio, County of Franklin, City of Dublht, being part of Virgfttia Mllttsry 3uevey No. 3011, being part of Reservo "A" u shown and dolineated upon tho plat "Shamrock Tr", a subdivision of record is Plat Book 57, Page 7, and all of that properly as described is a doed b 3hamrook II, as Ohb Limited Patttteeahip, of record 1a OtBcial Records Voheme 16435, Pegg AI3and n-rsoaeded in Official R4ootds Vohuao 16441, Page J14, all roferences herein being to the records of fife Recorder's Office, Franklin Coaaty, Ohio, sad beheg more pardcularly described a follows: Beginning at as iron pin found st the southeasterly comer of acid Reserve "A". the nartheaaterly oortter of that 5.963 acre tract as doscribed Ia a decd to Duke Realty Limited Partnershlpr of record io Offichel Records Volume 31969. Page C04 and iA the westerly limitod aceea tight of-wry line of Interrtate Route 270; Thetics North 87' S4' 10" Weak alae-g the southerly line of Bald Reserve "A" and the northerly lice of acid 5.963 care treat, a distance of 722.88 'fact to an Iron pia found a< the aouthwosperly cosaa of Reserve "A', the southeasterly corner that origina12S.681 acre tract >s doscribed is a deed m DCP Associairs, of record to Official Records Volume 14090, page Ii09; Thence Nattlt S' 12' 34" East, along the westerly Une of acid Reserve "A", the oasterly lice of said 25.681 care tract, becoming eoincideat with the easterly right-of-way line of Emerald Parkway, dedicated to pubUc tt:e in Prat Book 86, Pages 24 and 25, st 40SS I feet, passing the soeitheaatarly censor of that L7.710 aces tract rs described in r deed to Cohembus and Southern Obio F.leotrlc Company. of reooed in Deed Soak 3011, Page i l5 and thm boooating coinoideot with the eaatorly Use thereof at 782.93 feet. a total distance of 923.11 feet to as iron pia found at des aouthweatedy acaier of that 6.658 eon tract as described 1a a deed to SMmroclc II Developmept Company, of record is OflicLl RecoMa Volumo 26238, Page II4; Thoace Soule 84.47 26• Fast, abag the southerly ]!ne of said 6.658 ante tract, passing the soudeeaaOsAy confer of same at 692.43 feat. than along the soatherly tesmiaus of Shamrock Court, a tool distaaos of 762.82 feet to iron pia found is the aforeueetetIoned westerly limitod sccosv right- af-way line of Interstate Routo 270, the easterly line of said Roaarve "A"; Thenco in a southerly diroction, along said rgfttof-wry lino and acid eastuly Uue, with the arc of a tton-tm6out ourvo io the loft, having r radius of 7ti233ti feat, a central at~1o of ti' 39' 13 ", the chord of which bears South 7' S1' SS" Weak r chord distance of 884.81 feet to the place of bagtnning sad tbntaining 15.213 acrm of land. Baariags herein are based on those of the refanncod plat for Emerald Parkway, of record , in Plat Book 86, Pages 24 and 23, iw Noah S• 12' 34" East for the easterlyright-of--way line when edtdguoua with the property dersaibad herein. This daact(ptioo was prepared by M-8 Civil Snglnaoriag, Inn., based an information obtalaed itoen as actual field survey o[ths pr«aiew in August of 1997. ~,.._. a () f .•,~1'4 ~~,~~ ...w..., V S 'y : '~ AOaERB''ti o e, = 1YYt01 s ~ 5.8812 ~°' r d"~°ratgv:•~~~ (i'•~......~ p ~.RVEY_ M-E 'vii Eng eerhtg, , ~ Roberts. Registered S No. 68n 97320515.2131gVegat Page 3 of 3 DESCRIPTION OF PUBLIC INFRASTRUCTURE IMPROVEMENTS The Public Improvements consist of extending Woerner Temple Road 4,500 feet to the east from Avery Road to Rings Road just west of I-270. This new section of Woerner Temple Road will consist of a four lane boulevard with improvements to intersection locations at Avery Road, Norn Street, Wilcox Road and Emerald Parkway. Major improvements associated with this new arterial street include: a four lane boulevard „~ ,„ street with curb and gutter; two new traffic signals at the intersections of Woerner Temple Road with Avery Road and Emerald Parkway; bikepath tunnel under Avery Road; large box culvert for conveyance of Cramer Ditch under Woerner Temple Road; intersection improvements/street widening at Avery Road and Wilcox Road; public utilities which include water mains, sanitary sewers, and storm sewers; street lighting; sidewalks and bikepaths; and landscaped median and berm areas. The Public Improvements also include acquisition ofrights-of--way and easements.