127-02 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co Form No. 30043
Ordinance No .............1.Z'1-Q~................................... Passed
AN ORDINANCE APPROVING AND AUTHORIZING
THE CITY MANAGER AND DIRECTOR OF FINANCE
TO EXECUTE A DEVELOPMENT AGREEMENT WITH
ASHLAND, INC.
WHEREAS, this City and Ashland heretofore executed that certain Agreement
Between The City of Dublin and Ashland Inc., effective April 6, 1999 (the "Original
Agreement") which Original Agreement generally provided that Ashland would
dedicate approximately 6.534 acres of real property to the City and the City would
provide Ashland with up to two curb cuts (one full-service curb cut and one right-
in/right-out curb cut) along Ashland's Rings Road frontage; and
WHEREAS, this Council has heretofore passed Ordinance No. 83-00 on June 19, 2000
(the "TIF Ordinance") which exempts certain parcels of real property from taxation (as
described in the TIF Ordinance and referred to in this Ordinance as the "TIF Parcels"),
identifies certain public infrastructure improvements the construction of which will
benefit those TIF Parcels (as described in the TIF Ordinance and referred to in this
Ordinance as the "Infrastructure Improvements"), creates the Rings/Frantz Project
Municipal Public Improvement Tax Increment Equivalent Fund (the "TIF Fund") and
provides for the payment of certain payments in lieu of taxes by the owners of those TIF
Parcels which payments are to be deposited into the TIF Fund and used to pay the costs
of constructing those Infrastructure Improvements; and
WHEREAS, in 2001, Ashland identified for this City the proposed location of the full-
service curb cut as provided in that Original Agreement and proposed that said full-
service curb cut would be utilized, along with an access road, the construction costs of
which were originally estimated to be $220,000, to provide access to Ashland's southern
most parking lot; and
WHEREAS, upon review of Ashland's proposed location of the full-service curb cut,
the City's staff determined that a more appropriate location for the full-service curb cut
existed at a more eastern location on Rings Road in alignment with apre-existing break
in the median (the "Curb Cut"); and
WHEREAS, Ashland has agreed to (a) the location of the proposed Curb Cut, (b)
waive its right to select a second curb cut as provided in the Original Agreement, and (c)
reimburse this City for the actual cost of constructing the proposed access road (the
"Access Road") in an amount not to exceed $220,000, provided that the City agrees to
(a) design, construct, install and pay the costs of the Curb Cut, (b) design, construct and
install the necessary access road, and (c) pay any costs of designing, constructing and
installing the Access Road which exceed Ashland's contribution; and
WHEREAS, this Council has determined that the construction of the Curb Cut would
benefit the TIF Parcels and facilitate improved traffic flow in the proximate area of the
TIF Parcels and that the City should authorize the execution of a Development
Agreement to provide for that construction;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, in
' Franklin, Union and Delaware Counties, Ohio, that:
Section 1. The City hereby finds and determines that the construction of the Curb
Cut and the Access Road is necessary and appropriate and in the best interests of the
City to facilitate improved traffic flow in the proximate area of the TIF Parcels. To
facilitate that improved traffic flow and benefit those TIF Parcels, the City determines to
proceed with the design, construction, installation and payment of related costs of the
Curb Cut and the Access Road, all in accordance with the Development Agreement.
The City further determines to supplement the original description of the Infrastructure
Improvements (as described in the TIF Ordinance) to include the Curb Cut and Access
RECORD OF ORDINANCES
D vton Legal Blank Co Form No. 30043
Ordinance No .............127-~02..................................... Passed ...................................Page..2..............,
Road and to provide that the City's portion of the cost of designing, constructing,
installing and paying the related costs of the Curb Cut and the Access Road may be paid
out of monies hereafter on deposit in the TIF Fund.
Section 2. The Development Agreement by and between the City and Ashland Inc.,
in the form presently on file with the Clerk of Council, providing for, among other
things, the construction of the Curb Cut and the Access Road, 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
the Director of Finance. The City Manager and the Director of Finance, for and in the
name of this City, are hereby authorized to execute that Development 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.
Section 3. 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 prepare and sign all agreements and instruments and to take any
other actions as maybe appropriate to implement this Ordinance.
Section 4. 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 5. This Ordinance shall take effect and be in force in accordance with
Section 4.04 of the Dublin City Charter.
Signed:
Mayor -Presiding Officer
Attest:
Clerk of Council
Passed: Q y2 / , 2002
Effective: ~ , 2002
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.
ii
G~ lerk of Council, Dublin, Ohio
Office of the City Manager
5200 Emerald Parkway -Dublin, Ohio 43017-1006
CITY OF DUBLIN Phone: 614-410-4400 -Fax: 614-410-4490 M e m O
To: Members of Dublin City Council _
From: Jane S. Brautigam, City Manager ~o..,r-~ 5 • ~
Date: October 15, 2002
Initiated by: Michael H. Stevens, Director of Economic Development
Re: Ordinance No. 127-02 -Ashland Development Agreement
Summary:
The status of this ordinance has not changed.
Recommendation:
Staff is recommending the adoption of Ordinance No. 127-02 at the October 21, 2002 City Council
meeting.
Office of the City Mana er
5200 Emerald Parkway • Dubin, OH 43017
Phone: 614-410-4400 • Fax: 614-410-4490
CITY OF DUBLIN
Memo
To: Members of the Dublin City Council
From: Jane S. Brautigam, City Managel~~,~, S.
Date: September 30, 2002
Initiated By: Michael Stevens, Director of Economic Development
Re: Ordinance No.127-02 -Ashland Development Agreement
Summary:
The City and Ashland executed an agreement in 1999, which provided that Ashland would dedicate
approximately 6.534 acres of real property to the City and the City would provide Ashland with up to two
curb cuts (one full-service and one right-in/right out) along Ashland's Rings Road Frontage. The agreement
also allowed Ashland to select the location of the two curb cuts.
During 2001, Ashland chose the location of the full service curb cut and notified the City. After reviewing
the selected location of the full-service curb cut, City staff determined that a more appropriate location
existed at a more eastern point on Rings Road in alignment with apre-existing break in the median.
Ordinance No. 127-02 enables the City Manager to sign a Development Agreement with Ashland, Inc. in
which Ashland has agreed to the City's preferred location of the curb cut and will waive its right to select a
second curb cut as provided in the 1999 agreement.
The City has agreed to install a traffic signal on Rings Road and construct an access road to the Ashland
campus. Ashland will reimburse the City for the actual cost of constructing the access road not to exceed
$220,000, the original access road costs for its preferred curb cut location. The estimated construction cost
for the access road and signalization is $651,866.
This project was included in the 2003 - 2007 CIP and the service payments from the Rings/Frantz TIF will
be utilized to fund the improvements.
Ashland's fifty percent share of the access road cost has decreased since City Council received the May 16,
2002 update on this project because the estimated construction cost for the access drive was less than the
preliminary design cost.
Recommendation:
Staff is recommending the adoption of Ordinance No. 127-02 at the October 21, 2002 City Council
meeting.
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into this ZOO'
day of June, 2003, by and between the CITY of DvaLIN, OHIO ("City"), a municipal corporation
duly organized and validly existing under the Constitution and the laws of the State of Ohio
("State") and its Charter, and ASHLAND INC., a Kentucky corporation having offices in Dublin,
Ohio ("Ashland"), under the circumstances summarized in the following recitals.
RECITALS:
WHEREAS, City and Ashland heretofore executed that certain Agreement Between The City
of Dublin and Ashland Inc. effective April 6, 1999 (the "Original Agreement") which Original
Agreement generally provided Ashland would dedicate approximately 6.534 acres of real property
to City and City would provide Ashland with up to two curb cuts (one full-service curb cut and one
right-in/right-out curb cut) along Ashland's Rings Road frontage; and
WHEREAS, in 2001, Ashland identified for City the proposed location of the full-service
curb cut as provided in that Original Agreement and proposed that said full-service curb cut would
be utilized, along with an access road, the construction costs of which were originally estimated to
be $220,000, to provide access to Ashland's southern most parking lot; and
WHEREAS, upon review of Ashland's proposed location of the full-service curb cut, City
determined that a more appropriate location for the full-service curb cut existed at a more eastern
location on Rings Road in alignment with apre-existing break in the median (such full-service
curb cut is identified in Attachment A and referred to herein as the "Curb Cut"); and
WHEREAS, Ashland has agreed to (a) the location of the proposed Curb Cut, (b) waive its
right to select a second curb cut as provided in the Original Agreement, and (c) reimburse City for
the actual cost of constructing the proposed access road in an amount not to exceed $220,000,
provided that City agrees to (a) design, construct, install and pay the costs of the Curb Cut, (b)
design, construct and install the necessary access road (the proposed alignment for such access
road is depicted and identified on Attachment A and referred to herein as the "Access Road"), and
(c) pay any costs of designing, constructing and installing the Access Road which exceed
Ashland's contribution; and
WHEREAS, City has heretofore passed Ordinance No. 83-00 on June 19, 2000 (the "TIF
Ordinance") which exempts certain parcels of real property from taxation, identifies certain public
infrastructure improvements the construction of which will benefit those parcels, creates the
Rings/Frantz Project Municipal Public Improvement Tax Increment Equivalent Fund (the "TIF
Fund") and provides for the payment of certain payments in lieu of taxes by the owners of those
parcels which payments are to be deposited into the TIF Fund and used to pay the costs of
constructing those public infrastructure improvements; and
WHEREAS, pursuant to Ordinance No. 127-02 passed on October 21, 2002 (the
"Ordinance"), City has determined to proceed with the design, construction, installation and
payment of related costs of the Curb Cut and the Access Road and to utilize monies deposited from
time to time in the TIF Fund for such purposes; and
WHEREAS, City and Ashland have determined to enter into this Agreement to provide for
the design, construction, installation and payment of related costs of the Curb Cut and Access
Road, along with other consideration provided for herein;
NOW THEREFORE, City and Ashland covenant, agree and obligate themselves as follows:
Section 1. Ashland's Representations and Agreements.
(a) Representations. Ashland represents that:
(i) the Original Agreement provided that Ashland would be entitled to identify
two curb cuts (one full-service curb cut and one right-in/right-out curb cut) along Ashland's Rings
Road frontage,
(ii) Ashland originally determined to construct an access road from its southern
most parking lotto the full-service curb cut and pay the costs of constructing that access road in the
estimated amount of $220,000 (the "Original Access Road Cost"), and
(iii) Ashland has heretofore donated approximately 6.534 acres of real property
to City in accordance with the Original Agreement.
(b) Agreements. In consideration for City's agreements set forth herein, Ashland
agrees to:
(i) waive its right to select two curb cuts (one full-service curb cut and one
right-in/right-out curb cut) along Ashland's Rings Road frontage,
(ii) allow a single full-service curb cut along Ashland's Rings Road Frontage
which Curb Cut shall be aligned in the location described on Attachment A,
(iii) grant to City a permanent easement (in the form attached hereto as
Attachment B and referred to herein as the "Easement") within thirty (30) days from the date of
Ashland's acceptance and approval of the design of the Access Road corridor submitted by City in
order that City may design, construct and install, or cause to be designed, constructed and installed,
the Access Road substantially in accordance with the alignment depicted on Attachment A,
(iv) within thirty (30) days of the date of receipt of a certificate from City
(substantially in the form attached hereto as Attachment C and referred to herein as the
"Certificate") signed by the City Engineer together with documentation from City evidencing the
total cost of the design, construction and installation of the Access Road as required herein,
reimburse City for all actual costs of designing, constructing and installing the Access Road,
provided such reimbursement shall not exceed the Original Access Road Cost, and provided
-2-
further that Ashland shall have the right to audit such costs, which audit shall be at Ashland's sole
expense,
(v) upon completion of the Access Road and thereafter, cause that portion of
the Access Road within the Easement to remain open, in repair, and free from nuisance, and
(vi) release City from, and further agrees that City shall not be liable for, and
indemnifies City against, all liabilities, obligations, claims, damages, penalties, causes of action,
costs and expenses (including, without limitation, reasonable attorneys' fees and expenses except as
may be limited by law or judicial order or decision entered in any action brought to recover moneys
under this subsection) imposed upon, incurred by or asserted against City on account of Ashland's
ownership, maintenance and repair of the Access Road (excluding that Portion of the Access Road
located within the City's right-of--way, as defined below) after construction of said Access Road is
completed by City; except to the extent that any of the foregoing is attributable to the gross
negligence of City or its officers, employees or agents. In case any action, suit or proceeding is
brought against City for any such reason, Ashland will, at Ashland's expense, cause such action,
suit or proceeding to be resisted and defended by independent counsel approved by City. Further,
City shall promptly give Ashland written notice of any matter as to which City intends to
exercise its rights under this subsection. Ashland shall have the right, but not the obligation, to
control the defense in connection therewith. There shall be no settlement without Ashland's
prior written consent.
Section 2. City's Representations and Agreements.
(a) Representations. City represents that:
(i) it has determined that traffic flow in and around the area depicted on
Attachment A will be facilitated and improved if the Curb Cut is installed in accordance with
Attachment A,
(ii) it has determined that the Access Road will also facilitate traffic flow in and
around the area depicted on Attachment A and that the Access Road is a public improvement as
contemplated in the TIF Ordinance, and
(iii) a portion of the Access Road shall be constructed within the City's existing
right-of--way and outside the Easement (that portion of the Access Road to be constructed within the
City's right-of--way and outside the Easement is depicted and identified on Attachment A and
referred to herein as the "Portion of the Access Road located within the City's right-of-way").
(b) Agreements. City agrees to:
(i) design, construct and install the Access Road and the Curb Cut in
accordance with the alignment depicted on Attachment A,
(ii) act in good faith to substantially complete such design, construction and
installation no later than December 31, 2003,
-3-
(iii) pay all costs of design, construction and installation of the Curb Cut and
Access Road; provided, however, Ashland will reimburse City for certain costs of the Access Road
as otherwise provided herein,
(iv) promptly upon completion of the Access Road, provide the Certificate to
Ashland as provided in Section 1(b)(iv) herein evidencing the total costs of the design, construction
and installation of the Access Road,
(v) upon completion of the Access Road, and thereafter, cause the Portion of the
Access Road located within the City's right-of--way to remain open, in repair and free from
nuisance, and
(vi) act in good faith to substantially complete the design, construction and
installation of the traffic signalization equipment described in Attachment A no later than December
31, 2003.
Section 3. Events of Defaults. If either City or Ashland shall fail to materially comply
with the terms of this Agreement, the non-defaulting party may pursue all remedies now or hereafter
existing at law or in equity to enforce the performance and observance of any obligations or
agreements of this Agreement.
Section 4. Miscellaneous.
(a) Notices. Except as otherwise specifically set forth in this Agreement, all notices,
demands, requests, consents or approvals given, required or permitted to be given hereunder shall be
in writing and shall be deemed sufficiently given if actually received or ifhand-delivered or sent by
recognized, overnight delivery service or by certified mail, postage prepaid and return receipt
requested, addressed to the other party at the address set forth in this Agreement or any addendum
to or counterpart of this Agreement, or to such other address as the recipient shall have previously
notified the sender of in writing, and shall be deemed received upon actual receipt, unless sent by
certified mail, in which event such notice shall be deemed to have been received when the return
receipt is signed or refused. For purposes of this agreement, notices shall be addressed to:
(i) City at:
City of Dublin, Ohio
5800 Shier Rings Road
Dublin, Ohio 43016-7295
Attention: Economic Development Director
-4-
(ii) Ashland at:
Ashland Inc.
5200 Blazer Memorial Parkway
Dublin, Ohio 43107
Attention: Director, Building Services
with a copy to:
Ashland Inc.
3499 Blazer Parkway
Lexington, Kentucky 40509
Attention :Director, Corporate Real Estate
The parties, by notice given hereunder, may designate any further or different addresses to which
subsequent notices, certificates, requests or other communications shall be sent.
(b) Extent of Provisions; No Personal Liability. No representation, warranty, covenant,
agreement, obligation or stipulation contained in this Agreement shall be deemed to constitute a
representation, warranty, covenant, agreement, obligation or stipulation of any present or future
trustee, member, officer, agent or employee of City or Ashland in other than his or her official
capacity. No official executing or approving City's or Ashland's participation in this Agreement
shall be liable personally under this Agreement or be subject to any personal liability or
accountability by reason of the issuance thereof.
(c) Successors. This Agreement shall inure to the benefit of and shall be binding in
accordance with its terms upon City and Ashland and their respective successors and assigns.
(d) Recitals. City and Ashland acknowledge and agree that the facts and circumstances
as described in the Recitals hereto are an integral part of this Agreement and as such are
incorporated herein by reference.
(e) Amendments. This Agreement may only be amended by written instrument
executed by City and Ashland, or their respective successors and assigns.
(fj Entire Agreement. This Agreement, including the Attachments attached hereto,
constitutes the entire agreement between Ciry and Ashland with respect to the terms contained
herein and supersedes all prior understandings, if any, including the Original Agreement, with
respect to the terms contained herein. City and Ashland do not intend to confer any benefits to any
person, firm or corporation other than City and Ashland. No representation or warranty herein may
be relied upon by any person not a party to this Agreement.
(g) Executed Counterparts. This Agreement may be executed in several counterparts,
each of which shall be regarded as an original and all of which shall constitute but one and the same
agreement. It shall not be necessary in proving this Agreement to produce or account for more than
one of those counterparts.
-5-
(h) Severability. In case any section or provision of this Agreement, or any covenant,
agreement, obligation or action, or part thereof, made, assumed, entered into or taken, or any
applicationthereof, is held to be illegal or invalid for any reason,
(i) that illegality or invalidity shall not affect the remainder hereof or thereof, any
other section or provision hereof, or any other covenant, agreement, obligation or action, or
part thereof, made, assumed, entered into or taken, all of which shall be construed and
enforced as if the illegal or invalid portion were not contained herein or therein, and
(ii) each section, provision, covenant, agreement, obligation or action, or part
thereof, shall be deemed to be effective, operative, made, assumed, entered into or taken in
the manner and to the full extent permitted by law.
(i) Captions. The captions and headings in this Agreement are for convenience only
and in no way define, limit or describe the scope or intent of any provisions or sections of this
Agreement.
(j) Governing Law and Choice of Forum. This Agreement shall be governed by and
construed in accordance with the laws of the State of Ohio or applicable federal law. All claims,
counterclaims, disputes and other matters in question between City, its contractors, agents and
employees, and Ashland, its employees and agents, arising out of or relating to this Agreement or its
breach will be decided in a court of competent jurisdiction within Franklin County, Ohio.
(k) Survival of Representations and Warranties. All representations and warranties of
City and Ashland in this Agreement shall survive the execution and delivery of this Agreement.
(The remainder of this page intentionally left blank)
-6-
IN WITNESS WHEREOF, City and Ashland have caused this Agreement to be executed in
their respective names by their duly authorized representatives, all as of the date first written above.
CITY OF DUBLIN, OHIO
Printed: Jane Brautigam
Title: City Manager
By: o,~.~
Printed: Marsha I. Grigsby
Title: Director of Finance
Approved Fo
Printed: Stephen J. Smith
Title: Director of Law
ASHLAND INC.
By: ~,lx-~.1 d.w
Title: r' t - ~ - ~Qcfi
-7-
FISCAL OFFICER'S CERTIFICATE
The undersigned, Director of Finance of the City under the foregoing Agreement, certifies
hereby that the moneys required to meet the obligations of the City during the year 2003 under the
foregoing Agreement have been appropriated lawfully for that purpose, and are in the Treasury of
the City or in the process of collection to the credit of an appropriate fund, free from any previous
encumbrances. This Certificate is given in compliance with Section 5705.41, Ohio Revised Code.
Dated: J v;,~.a, , 2003
Directo f Finance
City of Dublin, Ohio
-8-
EXHIBIT A
DEPICTION OF CURB CUT AND ACCESS ROAD
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ATTACH~iEi~1T B
PERMANENT EASEMENT FOR CONSTRUCTION OF ACCESS ROAD
B-1
EASEMENT
KNOW ALL MEN BY THESE PRESENTS that Ashland Inc., a Kentucky corporation, hereinafter called
"Grantor", having a mailing address of 5200 Blazer Parkway, Dublin, Ohio 43107, in consideration of Ten Dollars ($10.00)
and other valuable consideration paid by the City of Dublin, an Ohio municipal corporation, hereinafter called "Grantee",
having a mailing address of 5800 Shier Rings Road, Dublin, Ohio 43016, receipt of which is hereby acknowledged, hereby
grants:
(a) to Grantee, its successors and assigns forever, a perpetual, non-exclusive easement and right-of--way upon,
over, across and through the tract of land in the City of Dublin, County of Franklin, State of Ohio (the "Pro e described
on Exhibit "A" attached hereto and made a part hereof and identified as the Street Easement and graphically depicted as such
on the survey on "Exhibit B" attached hereto and made a part hereof (the "Easement Area"), for a permanent easement on
which Grantee will design, construct and install an access road (the "Access Road"); and
(b) to Grantee, its contractors, agents and employees, anon-exclusive temporary construction easement and
right-of--way, to the extent needed in accordance with good construction practices, but only during the period of construction
of the access road to be constructed on the Easement Area, upon, over, across and through such portions of the Property as
are necessary for Grantee to design, construct, install and pave said access road.
Ashland shall cause that portion of the Access Road within the Easement Area to remain open, in repair and free
from nuisance.
Ashland hereby releases the City from, and further agrees that City shall not be liable for, and indemnifies the City
against, all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation,
reasonable attorneys' fees and expenses except as my be limited by law or judicial order or decision entered in any action brought
to recover monies under this paragraph) imposed upon, incurred by or asserted against the City on account of Ashland's
ownership, maintenance and repair of the Access Road (excluding any portion of the access road located within the City's right-
of-way) after construction of said access road is completed by the City; except to the extent that any of the foregoing is
attributable to the gross negligence of the City or its officers, employees or agents. In case any action, suit or proceeding in
brought against the City for any such reason, Ashland will, at Ashland's expense, cause such action, suit or proceeding to be
resisted and defended by independent counsel approved by the City. Further, the City shall promptly give Ashland written notice
of any matter as to which the City intends to exercise its rights under this paragraph. Grantor shall have the right, but not the
obligation, to control the defense in connection therewith. There shall be no settlement without Grantor's prior written consent.
Notwithstanding anything herein to the contrazy, Grantor hereby reserves for its benefit and the benefit of its
successors, assigns, customers, agents, employees, licensees and invitees the right to use the Easement Area for any purpose
that will not unreasonably interfere with the Grantee's enjoyment of its rights.
The agreements in this Easement shall run with the land and be binding upon and inure to the benefit of the
respective successors, transferees, and assigns of the Grantor and the Grantee.
This Easement shall be governed by and construed in accordance with the laws of the State of Ohio.
The provisions of this Easement aze for the exclusive benefit of the pazties hereto and not for the benefit of any other
person, nor shall this Easement be deemed to confer any rights, express or implied, upon any third person.
Nothing contained in this Easement nor any acts of the parties hereto shall be deemed or construed by the pazties
hereto or by any third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or any
association between the parties to this Easement.
This Easement shall be deemed to constitute a dedication of the Easement Area to the City.
{H0323135.3}
IN WITNESS WHEREOF, the said Grantor, Ashland Inc. and the said Grantee, the City of Dublin, have hereunto
set their hands this day of 2003.
GRANTOR:
ASHLAND INC.
By:
(Witness)
Its:
(Print Name)
(Witness)
(Print Name) GRANTEE:
CITY OF DUBLIN
By:
(Witness)
Its:
(Print Name)
(Witness)
(Print Name)
STATE OF
COUNTY OF ss:
BE IT REMEMBERED, that on this day of .2003, before me, the subscriber, a Notary
Public in and for said County, personally came the above named Ashland Inc., by
its
Grantor in the foregoing Easement, and acknowledged the signing of the same to be his/her voluntary act and deed, and the
voluntary act and deed of said corporation for the uses and purposes therein mentioned.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day and
year last aforesaid.
Notary Public
My Commission Expires
{H0323135.3 }
STATE OF OHIO,
COUNTY OF FRANKLIN, ss:
BE IT REMEMBERED, that on this day of , 2003, before me, the subscriber, a Notary Public in
and for said County, personally came the above named City of Dublin, by
its Grantee in the foregoing Easement, and acknowledged
the signing of the same to be his/her voluntary act and deed, and the voluntary act and deed of said corporation for the uses
and purposes therein mentioned.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day and
year last aforesaid.
Notary Public
My Commission Expires
Index of Exhibits:
Exhibit A: Legal Description of Easement Area
Exhibit B: Survey
This instrument was prepared by:
{H0323135.3}
EXHIBIT A
PAGE 1 OF 2
DESCRIPTION OF A 1.365 ACRE
PERMANENT STREET EASEMENT
LOCATED NORTH SIDE OF RINGS ROAD, WEST OF PAUL BLAZER PARKWAY,
CITY OF DUBLIN, FRANKLIN COUNTY, OHIO.
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, VIRGINIA MILITARY
SURVEY NUMBER 2419 AND BEING A 1.365 ACRE PERMANENT STREET EASEMENT OUT OF A
15.716 ACRE TRACT OF LAND AS CONVEYED TO THE ASHLAND INC. OF RECORD IN DEED BOOK
2888, PAGE 441, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING, FOR REFERENCE AT A POINT IN THE INTERSECTION OF THE CENTERLINE OF
PAUL BLAZER PARKWAY, 100 FEET WIDE, WITH THE OLD CENTERLINE OF RINGS ROAD;
THENCE, S 84°38'49" W A DISTANCE OF 50.00 FEET WITH THE OLD CENTERLINE OF SAID RINGS
ROAD TO THE SOUTHERLY EXTENSION OF THE WESTERLY RIGHT-OF-WAY LINE OF SAID PAIL
BLAZER PARKWAY;
THENCE N 05°21'46" W A DISTANCE OF 91.17 FEET WITH THE SOUTHERLY EXTENSION LINE OF
SAID WESTERLY RIGHT-OF-WAY OF PAUL BLAZER PARKWAY TO A POINT IN THE NORTHERLY
RIGHT-OF-WAY LINE OF SAID RINGS ROAD;
THENCE WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RINGS ROAD THE FOLLOWING
EIGHT (8) COURSES;
1. SOUTH 39°38'57" WEST, 29.95 FEET, TO A POINT;
2. SOUTH 84°38'49" WEST, 196.26 FEET, TO A POINT;
3. NORTH 05°21'11" WEST, 15.00 FEET, TO A POINT;
4. SOUTH 84°38'49" WEST, 105.00 FEET, TO A POINT;
5. SOUTH 05°21'11" EAST, 15.00 FEET, TO A POINT;
6. SOUTH 84°38'49" WEST, 22.52 FEET, TO A POINT OF CURVATURE;
7. WITH AN ARC OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 05°55'29", A
RADIUS OF 1548.50 FEET, THE CHORD WHICH BEARS SOUTH 81°41'04" WEST, A CHORD
DISTANCE OF 160.05 FEET TO A POINT OF TANGENCY;
8. SOUTH 78°43'20" WEST, 71.55 FEET, TO THE POINT OF BEGINNING;
THENCE, S 78°43'20" W A DISTANCE OF 87.44 FEET WITH THE NORTHERLY RIGHT-OF-WAY LINE
OF SAID RINGS ROAD TO A POINT;
THENCE FROM SAID POINT OVER AND ACROSS SAID 15.716 ACRE TRACT THE FOLLOWING
FIFTEEN (15) COURSES;
1. NORTH 22°52'04" WEST, 92.15 FEET, TO A POINT OF CURVATURE;
2. WITH AN ARC OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 62°40'41", A
RADIUS OF 150.00 FEET, THE CHORD WHICH BEARS NORTH 54°12'24" WEST, A CHORD
DISTANCE OF 156.03 FEET TO A POINT OF TANGENCY;
3. NORTH 85°32'45" WEST, 21.53 FEET, TO A POINT OF CURVATURE;
4. WITH AN ARC OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 47°59'34", A
RADIUS OF 290.00 FEET, THE CHORD WHICH BEARS NORTH 61°32'58" WEST, A CHORD
DISTANCE OF 235.87 FEET TO A POINT;
5. NORTH 86°41'39" WEST, 65.69 FEET, TO A POINT;
6. NORTH 03°18'21" EAST, 37.00 FEET, TO A POINT;
7. SOUTH 86°41'39" EAST, 25.07 FEET, TO A POINT;
8. NORTH 02°59'06" EAST, 94.08 FEET, TO A POINT;
9. NORTH 13°01'53" WEST, 53.93 FEET, TO A POINT;
10. NORTH 86°01'07" WEST, 14.45 FEET, TO A POINT;
11. NORTH 03°58'53" EAST, 16.69 FEET, TO A POINT;
12. SOUTH 86°46'20" EAST, 80.01 FEET, TO A POINT;
13. SOUTH 03°58'53" WEST, 7.61 FEET, TO A POINT OF CURVATURE;
PAGE 2 OF 2
DESCRIPTION OF A 1.365 ACRE
PERMANENT STREET EASEMENT
LOCATED NORTH SIDE OF RINGS ROAD, WEST OF PAUL BLAZER PARKWAY,
CITY OF DUBLIN, FRANKLIN COUNTY, OHIO.
14. WITH AN ARC OF A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 89°31'39", A
RADIUS OF 210.00 FEET, THE CHORD WHICH BEARS SOUTH 40°46'56" EAST, A CHORD
DISTANCE OF 295.76 FEET TO A POINT OF REVERSE CURVATURE;
15. WITH AN ARC OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 75°53'33", A
RADIUS OF 290.00 FEET, THE CHORD WHICH BEARS SOUTH 47°35'59" EAST, A CHORD
DISTANCE OF 356.65 FEET TO A POINT OF BEGINNING, CONTAINING 1.365 ACRES OF
LAND, MORE OR LESS;
THE BASIS OF BEARING USED IN THIS DESCRIPTION IS NORTH 84°38'49" EAST FOR THE
CENTERLINE OF RINGS ROAD AS STATED ON THE CENTERLINE SURVEY PLAT FOR RINGS
ROAD PREPARED BY AND AVAILABLE FROM THE FRANKLIN COUNTY ENGINEER'S OFFICE AND
ALL OTHER BEARINGS CALCULATED FROM THIS MERIDIAN.
THIS DESCRIPTION WAS PREPARED FROM AVAILABLE RECORDS.
A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF.
CITY OF DUBLIN
BY: G ?,Z O ,,~~Nr r rrrr~~,
RR .RYSER, P. A E ~~•,`~'(E OF py/
PROFESSIONAL SURVEYOR NO. 7599 ' • O
i * ~ JERRY L
.o ~ RYSER
a 7599 0: o ;
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EXHIBIT B
CITY t~F DUBLIN EXHIBIT OF 1.365 ACRES
PREPARED BY THE CITY OF DUBLIN, STREET E AS E M E N T
DEPARTMENT OF DEVELOPMENT/ NORTH OF RINGS ROAD, WEST
DIVISION OF ENGINEERING
5800 Shier-Rings Road • Dublin, Ohio 43016-1236 OF PAUL BLAZER PKWK.
Phone (614)410-4600 • Fas (614)761-8506 DUBLIN, OHIO
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A i~ ~ ' ~ AS STATED ON THE CENTERLINE SURVEY PLAT FOR
°1 ~ ° ~ I ~ RINGS ROAD PREPARED BY AND AVAILABLE FROM THE
~ FRANKLIN COUNTY ENGINEER'S OFFICE AND ALL OTHER
c N w ~ ~ . °N'-I'~°, w BEARINGS CALCULATED FROM THIS MERIDIAN.
r wA. C I ~ ~w
a ~ I°o ~ ~ ~ v N I HEREBY CERTIFY THAT:
trJ .d j ~ z ~ THE FOREGOING DRAWING REPRESENTS THE
~ p v I RESULTS OF AN ACTUAL FIELD SURVEY OF
'o THE PREMISES PERFORMED UNDER MY
a Z ~ 9' Rr' RESPONSIBLE SUPERVISION AND THAT THE
No5'2t'4s"w SAID DRAWING IS CORRECT TO THE BEST
of C~ p ~~o
~ ~ `O=~a ~ pAUL BLAZER pK OF MY KNOWLEDGE AND BELIEF.
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DRAWN CHECKED DATE: JOB N0. JE L. RYSER
i JLR KR 6/04/2003 0 0 PROFESSIONAL SURVEYOR N0. 7599
f%1
ATTACHMENT C
COMPLETION CERTIFICATE
,200
Ashland Inc.
5200 Blazer Memorial Parkway
Dublin, Ohio 43107
Attention: Director, Building Services
Dear Sir:
You are hereby notified pursuant to Section 1(b)(iv) of the Development Agreement
dated May , 2003, by and between the City of Dublin, Ohio and Ashland Inc., that the City
has completed construction of the Access Road as described in that Development Agreement.
As shown in the documentation attached hereto, the total cost of the design, construction and
installation of the Access Road was $
In accordance with Section 1(b)(iv) of the Development Agreement, Ashland Inc. is
obligated to reimburse the City an amount equal to $ ,which amount does not exceed
the Original Access Road Cost of $220,000. Pursuant to the Development Agreement, Ashland
Inc. is obligated to remit payment to the City no later than thirty (30) days following receipt of
this Completion Certificate.
Any questions. regarding this letter may be directed to the City Engineer of the City of
Dublin, Ohio at 5800 Shier Rings Road, Dublin, Ohio 43016-7295 or by telephone at (614) 761-
6550.
Sincerely,
City Engineer
City of Dublin, Ohio
Enclosures
cc (w/ encl.): Director, Corporate Real Estate, Ashland Inc.
Economic Development Director, City of Dublin, Ohio
C-1