61-03 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
61-03
Ordinance No. Passed 24
AN ORDINANCE PROVIDING FOR A CHANGE IN ZONING
FOR 6.4 ACRES LOCATED ON THE SOUTH SIDE OF RINGS
ROAD, APPROXIMATELY 750 FEET EAST OF PAUL G.
BLAZER MEMORIAL PARKWAY, FROM: SO, SUBURBAN
OFFICE AND INSTITUTIONAL DISTRICT AND R-lA,
RESTRICTED SUBURBAN RESIDENTIAL DISTRICT
(WASHINGTON TOWNSHIP CLASSIFICATION), TO: SO,
SUBURBAN OFFICE AND INSTITUTIONAL DISTRICT
(CASE N0.03-0522 -STONEHENGE ON RINGS ROAD
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, of the elected members concurring:
Section 1. That the following described real estate (see attached map marked Exhibit
"A") situated in the City of Dublin, State of Ohio, is hereby rezoned SO, Suburban
Office and Institutional District, and shall be subject to regulations and procedures
contained in Ordinance No. 21-70 (Chapter 153 of the Codified Ordinances) the City
of Dublin Zoning Code and amendments thereto.
Section 2. That application, Exhibit "B", including the list of contiguous and affected
property owners, and the recommendations of the Planning and Zoning Commission,
Exhibit "C", are all incorporated into and made an official part of this Ordinance and
said real estate shall be developed and used in accordance therewith.
Section 3. That this Ordinance shall take effect and be in force from and after the
earliest period allowed by law.
Passed thi r da of l%~U~F,2003.
yor - 'ng Officer
Attest:
L
Clerk of Council
Sponsor: Planning Division
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
?31.25 of the Ohio Revised Code.
k of Council, Dublin, Ohio
Office of the City Manager m
5200 Emerald Parkway • Dublin, Ohio 43017 M e 111
Phone: 614-410-4400 • Fax: 614-410-4490
CITY 4F DUBLIN
TO: Members of Dublin City Council I
FROM: Jane S. Brautigam, City Manager~?,,, ~ . o~-w~•.~
DATE: June 17, 2003
INITIATED BY: Gary P. Gunderman, Assistant Pl~fi
g Director /~"C~-Cr-
RE: Ordinance 61-03 (Case No. 03-0522 -Stonehenge on Rings Road)
SUMMARY:
This property is being rezoned to SO Suburban Office District at the direction of the City
Council. The rezoning is based on a review and agreement made by the City Council as part of
a land exchange between Mo Dioun and the city. This ordinance rezones the 6.4 acres presently
owned by the city and owned by Mo Dioun that will become part of the developed area in the
proposed office park.
On June 5~' the Planning and Zoning Commission recommended approval of this application by
a 6-0 vote with o conditions.
RECOMMENDATION:
Approval of the Ordinance 61-03.
~~C.
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City of Dublin 03-0522
Division of Planning Stonehenge on Rings Road N
Feet
0 250 500
f S
EXHIBIT "B"
REZONING APPLICATION
(Code Section 153.234)
TO EXPIRE
ORDINANCE NO._61-03
Division of Planning CITY COUNCIL 1ST Reading _May 27, 2003
58005hier-Rings Road CITY COUNCIL PUBLIC HEARING G D
Dublin, Ohio 43016.1236 CITY COUNCIL ACTION
Phone/fDD: 614.410.4600
fax: 614.761-6566
Web Site: www.dublin.oh.us
FOR OFFICE USE ONLY
Amount 'Application No: P&Z Date(s): Z tion:
Received: 0 03-0522 ,June 5, 2003
.i T r t~ ~
- Date Received: Received B
Receipt No: MIS Fee No. - y
I 1
Type of Request:
NOTE: Applicants are highly encouraged to contact the Division of Planning at 410-4600 for assistance to discuss the P&Z
review process prior to submitting a formal application.
CHECK THE TYPE OF APPLICATION:2/11/2003
? Composite Plan (§153.058)
? Preliminary Development Plan (§153.056)
d Other (Please Describe)_ Rezone from R1-A, Restricted Suburan Residential District (Washington Township) and SO,
Suburban Office and Institutional District to SO, Suburban Office and Institutional District.
FAX CONFIRMATION WILL FOLLOW THE SUBMISSION OF THIS FORM
PROPERTY INFORMATION:
- 6
Parcel Size:
Tax ID/Parcel Number: Portions of 273-005422, 273-005423, (Acres) 6.4 acres
273-005424, 273-004517, and 273-004518 - - - - - - -
Ali Property Address:
I
Side of Street (N, s, E, w>: South side of Rings Road, approximately 750 feet east of Paul G. Blazer
Memorial Parkway ~
_ _
P rkwa and Rin s Road
it Nearest Intersection: Paul G. Blazer Memorial a
Y g
r _ _
II Distance from Nearest Intersection: 750 FEET, N, S, OW (Circle) from Nearest Intersection III
Existing Land use Development: Currently undeveloped and partially wooded
^r_ - d~
~I Proposed hand Use Development: Seven two-story office buildings: six of 10,560 square feet each and one '1
of 15,000 square feet, for a total of 78,360 square feet. F
Current or Existing Zoning District: Requested Zoning District: SO, Suburban Number of Acres to be Rezoned:
SO and R1-A 'Office and Institutional District ' 6.4 acres
Rezoning Statement:
Ali State briefly how the proposed zoning and development relates to the existing and potential future land use character of the vicinity.
l There are existing office buildings within the area. To the north of the site across Rings Road are
the seven-story Nationwide office building and the one-story Cendant office building. East of the I~
j~ site is the former Witco testing laboratory/office building which fronts on Frantz Road. South of the
site are small office buildings located with the Tuttle Crossing PCD. The proposed development will
help to preserve the wooded corridor along the south side of Rings Road.
I
I~'~
State briefly how the proposed zoning and development relates to the Dublin Community Plan.
The Dublin Community Plan shows this area as office use. The Traffic Analysis Zone (approximately III
40 acres) for this area assumed a maximum density of 9,000 square feet per acre for the whole TAZ.
About 40 percent of the land in this TAZ is owned by the City of Dublin and developed for park or p
service facilitiies (water tower, fire substations, public art). A second water tower may be located in
the future on Blazer Parkway.
If The Community Plan calls for the preservation of rural scenic road corridors, wooded areas, and the
enhancement of riparian corridors. The proposed two-story office buildings will fit in with the
existing office development in the area while maintaining the wooded rural scenic road and river
corridors.
~Ihl
i
N
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Previous Application:
III Has an application for rezoning the property been denied by the City Council within the last two (2) years?
No
Ali If Yes, When? i
' State the basis of reconsideration: I'~,
---.-.~s ._6_
Ij IF A PLANNED DISTRICT IS REQUESTED, IS A COMPOSITE OR PRELIMINARY PLAN ATTACHED? N/A Iii
g - - ~ _....~a
' IF A PLANNED DISTRICT IS REQUESTED, IS THE PROPOSED DEVELOPMENT TEXT ATTACHED? N/A
' p
IV. PLEASE SUBMIT THE FOLLOWING:
? TWO (2) ORIGINAL SIGNED AND NOTARIZED APPLICATIONS AND THIRTEEN (13) COPIES OF THE ORIGINAL APPLICATION
? 14 COPIES OF LEGAL DESCRIPTION
' Legal description of the property to be zoned consists of _2_ page(s). See Attachment 1 ICI
? 14 SETS OF A SCALED, SITE/STAKING PLAN (NOT GREATER THAN 24" x 36") AND 14 SETS OF REDUCED SITE
~ DRAWING(S)
(NOT GREATER THAN 11" X 17") SHOWING:
a. The site and all land 500 feet beyond the boundaries; 'I
b. North arrow and bar scale;
c. Locations, size, and dimensions of all existing and proposed conditions and structures (significant natural features, 14
landsca in structures additions decks access was arkin etc.
P 9, Y , P 9,
' d. Proposed Uses (Regional transportation system, densities, number of dwellings, building/unit types, square footages,
parking/open space, etc.);
e. Existing and proposed zoning district boundaries;
f. Size of site in acres/square feet; and
g. All property lines, setbacks, street centerlines, rights-of-way, easements, and other information related to
the site.
? I'd 14 COPIES OF COUNTY TAX PARCEL ID MAP: (NOT LESS THAN 8'/z' X 11"AND NOT MORE THAN 16" X 20") Ih
Showing contiguous property owners within 500 feet from the perimeter of the area to be rezoned.
i~
? III 14 SETS OF SCALED, DETAILED ARCHITECTURAL ELEVATIONS (IF APPLICABLE)
? li, FOR SIGNS, 14 COPIES OF ACCURATE, SCALED DRAWINGS SHOWING:
a. Location of sign and sign type (wall, ground, projecting, or window)
b. All dimensions of sign, including letter sizes and proposed distance from sign to grade
c. Proposed copy layout and lettering styles (fonts)
d. Materials and manufacturer to be used in fabrication
e. Total area of sign face (including frame)
f. T e of illumination
YP
? I ND L R AMPLE I r hi h t I n r r h r f r t inf rm ti n. In I m n f t r r n m n
MATERIAL A COO S S (co o c ps, p o os, p a s o b oc u e o p oduc o a o) c ude a u ac u e a e a d
number I
CONTIGUOUS PROPERTY OWNERS:
List all neighboring property owners within 300 feet from the perimeter of the property. Information must be in accordance with the
lj County Auditor's current tax list. Electronic copies of property owner lists are encouraged. (Use additional sheets as necessary.) ~I
PROPERTY OWNER
(not Mortgage Company or Tax Service) MAILING ADDRESS ' CITY/STATE/ZIP CODE
L See Attachment 2
I
- -
I,_ _ _ - - -
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III
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VI. PROPERTY OWNER /APPLICANT INFORMATION:
Current Property Owner/Applicant: i
The City of Dublin c/o Ms. Jane Brautigam and The Stonehenge Company c/o Mr. Mo Dioun
i~ Mailing Address: 5200 Emerald Parkway 41 North High Street
(Street, City, State, zip Code) Dublin, Ohio 43017 New Albany, Ohio 43054
Daytime Telephone: (614) 410-4400 Fax: (614) 410-4490
VII. OWNER'S REPRESENTATIVE INFORMATION:
Representative if different from property owner or applicant: MS. Barbara M. Clarke, Planning Director
(Also complete Section IX) ~i
-
_
Mailing Address: 5800 Shier-Rings Road Dublin, Ohio 43016
(Street, Daytime Telephone: City, State, Zip Code)
III Daytime Telephone: (614) 410-4600 Fax: (614) 761-6566
jai
1
~j E-MAIL ADDRESS IF AVAILABLE: bClarke@dUbIln.Oh.US
VIII. PRIMARY CONTACT:
f~ 'i
Who is the primary contact person? MS. Barbara M. Clarke
I, (If different from Owner's Representative and Applicant)
IX. AUTHORIZATION TO VISIT THE PROPERTY: Site visits to the property by City representatives are necessary in order to
process this application. The Owner/Applicant hereby authorizes City representatives to visit, photograph and post a notice on the
property described in this application.
X. UTILITY DISCLAIMER: The City of Dublin will make every effort to provide essential services to the property as needed. However,
the rapid growth of the City of Dublin and northwest Franklin County has stretched the City's capacity to provide these services to the
limit. As such, the City of Dublin may be unable to make all or part of said facilities available to the applicant until some future date.
The Applicant/Owner acknowledges that approval of this request for rezoning by the Dublin Planning and Zoning Commission and/or
Dublin City Council does not constitute a guarantee or binding commitment that the City of Dublin will be able to provide essential
services such as water and sewer facilities when needed by said Applicant.
XI. OWNER AUTHORIZATION FOR AGENT/REPRESENTATIVE:
- - ~ _ a
Ms Jane Brautigam and Mr. Mo Dioun the owner/applicant, hereby authorize Barbara M. Clarke
to act as my agent/representative in all matters
r in nd a royal of this a lication includin modif in the ro'ect and I a ree to be bound b all
ertainin to the ocess a 9 Y 9 P l 9 Y
P g P 9 PP PP
representations and agreements made by_the designated agent.--
'~ignature of Current Property Owner: 5, I Date:
t z 3 03 li
Jane S. Brautigam / Mo Di
XII. APPLICANT'S AFFIDAVIT:
I! I, Marv H. Newcomb, Senior Planner, the applicant/authorized representative, have read and understand the contents of
this application. The information contained in this application, attached exhibits and other information submitted is complete and in all
~ respects true and correct, to the best of my knowledge and belief.
- if L~
Signature of Applicant or ~ of i Date: ~ ~ ~ i
Authorized Representative: i ~ ~ ~
Mary H. ewco b
i
_ _ _ - _ , ~I
~v
Subscribed and sworn to before me this ~ ~ y of / , 20
Notary Pub c
Rezoning Application Page 5 of 5 ' ~ PLA-108 Date 05/22/03
r~-.VPD MARSHALL
v~ y Pi~iic Slate of pt;;p
Attachment 1
ZONING DESCRIPTION
6.4 ACRES
Situated in the State of Ohio, County of Franklin, City of Dublin, Survey Number
2419 of the Virginia Military District and described as follows:
Beginning, for reference, at the intersection of the old centerline for Rings Road
with the centerline for Paul Blazer Parkway;
thence North 84° 37' S6" East, with said old centerline, a distance of 757.78 feet;
thence South 05° 22' 04" East, leaving said old centerline, a distance of 30.00
feet to the southerly right-of-way line for said Rings Road, the True Point of Beginning;
thence North 84° 37' S6" East, with said southerly right-of-way line, a distance of
60.00 feet;
thence South 05° 13' 24" East, a distance of 67.75 feet;
thence South 14° 49' 29" West, a distance of 97.15 feet;
thence South 07° 13' S5" East, a distance of 137.44 feet;
thence South 75° 35' 35" East, a distance of 336.95 feet;
thence South 05° 17' 34" East, a distance of 294.63 feet;
thence South 83° 36' 07" West, a distance of 690.99 feet;
thence North 05° 13' 24" West, a distance of 395.64 feet;
thence North 84° 46' 36" East, distance of 314.01 feet;
thence North 07° 13' 55" West, a distance of 173.41 feet;
thence North 14° 49' 29" East, a distance of 98.24 feet;
thence North 05° 13' 24" West, a distance of 56.98 feet to the True Point of
Beginning and containing 6.4 acres, more or less.
This description was prepared for zoning purposes only.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
JCD:cew/bjk03
05/22/2003 THt 17:02 F,'LX 614 470 9530 `~""""~I`
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Attachment 2
• Stonehenge Co. • City of Dublin
03-0522 Stonehenge Place on c/o Mr. Mo Dioun c/o Ms Jane Brautigam
Rings Rd. 41 N High Street 5200 Emerald Parkway
New Albany, OH 43054 Dublin, OH 43017
Bradenton Equity Partners LLC Hospital Properties, Inc. Interstate Gas Supply, Inc.
6505 Tonbridge Street 3722 Olentangy River Road 5020 Bradenton Avenue
Worthington, OH 43085 Columbus, OH 43214 Dublin, OH 43017
identon Pediatric Building Co.Ltd Continental Capital Fund 1 Ltd B & B Partnership
Box 3505 150 E Broad Street 5050 Bradenton Avenue
Dublin, OH 43016 Columbus, OH 43215 Dublin, OH 43017
Browne Bradenton Company LLC Witco Corporation Bradenton Limited Partnership
C/o Graham Browne 5777 Frantz Road 1533 Lakeshore Drive, Suite 50
6505 Tonbridge Street Dublin, OH 43017 Columbus, OH 43204
Worthington, OH 43085
Duke Construction Kendall -Dublin LLC Americenter of Dublin
5600 Blazer Parkway 5100 Blazer Parkway 39209 6 Mile Road
Dublin, OH 43017 Dublin, OH 43017 Livonia, MI 48152
Heritage Suites of Peoria Alpha Medical Ltd Principal Mutual Life Insurance Co.
1201 Page Drive PO Box 13247 150 E Wilson Bridge Road
Fargo, ND 58103 Kansas City, MO 64199 Worthington, OH 43085
°';ritage Suites of Peoria Circa Music LLC
34 Westrac Drive 5030 Bradenton Avenue
cargo, ND 58103 Dublin, OH 43017
Proximity Report Results Page 1 of 2
~~~~ys~AP~irc ir~rou~~Tior< sY~Trrn•~
Joseph ~lV, Testa
~ucl~tor, rr~llklin Caunt~,r, CJho
Proximity Report Results ~
% -
The selection distance was 500 feet. f ~ ; , 1'
The selected parcel was 273-004518. ~K:~ J ~ ~ r ~ + ~ 3 y
.tr ~ s<.~ t ~ ~ Y r~ -mss
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Image Date: Thu May 22 14:02:07 2003
Disclaimer
This map is prepared for the real property inventory within this county. It is compiled from recorded deeds, survey plats, and other public records anc
this map are notified that the public primary information source should be consulted for verification of the information contained on this map. The coy
mapping companies assume no legal responsibilities for the information contained on this map. Please notify the Franklin County GIS Division of any ~
Proximity Parcels
Hint: To copy this report to another program:
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Parcel C?vrner Name Address
273-005328 ALPHA MEDICAL LTD 5155 BRADENTON AV
273-009762 B & B PARTNERSHIP 5050 BRADENTON AV
273-005331 BRADENTON EQUITY PARTNERS LLC
273-004824 BRADENTON LIMITED PARTNERSHIP 5000 BRADENTON AV
273-009729 BRADENTON PEDIATRIC BUILDING CO LTD 5080 BRADENTON A
273-010031 BROWNE BRADENTON CO LLC 5060 BRADENTON AV
273-010592 BROWNE BRADENTON COMPANY LLC
273-005330 CIRCA MUSIC LLC 5030 BRADENTON AV
http://209.51.193.85/scripts/mw5rer.pl 5/22/2003
Proximity Report Results Page 2 of 2
273 -004517 CITY OF DUBLIN
273-005424 CITY OF DUBLIN
273-005423 CITY OF DUBLIN
273-005422 CITY OF DUBLIN
273-005421 CITY OF DUBLIN
273-005425 CITY OF DUBLIN 5750 PAUL BLAZER PW
273-009731 CONTINENTAL CAPITAL FUND I LTD 5200 RINGS RD
273-010749 DUKE CONSTRUCTION LP
273-007384 HOSPITAL PROPERTIES INC 5700 PAUL BLAZER PW
273-007661 INTERSTATE GAS SUPPLY INC 5020 BRADENTON AV
273-009964 KENDALL-DUBLIN LLC 5100 PAUL G BLAZER PW
273-005329 PRINCIPAL MUTUAL LIFE INSURANCE CO 5025 BRADENTON AV
273-004826 RENNOB INC 4995 BRADENTON AV
273-004518 STONEHENGE CO
273-000572 WITCO CORP 5777 FRANTZ RD
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http://209.51.193.85/scripts/mw5rer.pl 5/22/2003
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Office of the City Manager
5200 Emerald Parkway • Dublin, Ohio 43017
CITY OF DUBLIN Phone: 614-410-4400 • Fax: 614-410-4490
Memo
TO: Members of Dublin City Council
FROM: Jane S. Brautigam, City Manager
DATE: May 22, 2003
INITIATED BY: Barbara M. Clarke~~lanning Director
RE: Ordinance 61-03 -Stonehenge on Rings Road (File No. 03-0522)
SUMMARY:
Section 153.234, AMENDMENTS of the Dublin Codified Ordinance sets forth the
regulations for amendments to the zoning map, commonly known as rezoning applications.
Section 153.234C states that, upon receipt of such an application, City Council shall
transmit it to the Planning and Zoning Commission for study and report.
Following transmission of the Commission's report back to Council, City Council then is
to set a date for the public hearing (2°d reading) on the requested change.
RECOMMENDATION:
Motion to refer Ordinance 61-03 to the Planning and Zoning Commission for review and
recommendation. As City Council is aware, the City is sponsoring this ordinance, and it
' will be scheduled for hearing by the Planning and Zoning Commission on June 5~'. It is
expected to be scheduled for Public Hearing on June 23, 2003.
PLANNING AND ZONING COMMISSION
RECORD OF ACTION
JUNE 5, 2003
F:i ~ ~ (11 i?t 1cs.t
Division of Planning
X800 Shier-Rings Road
'in, Ohio 43016-1236
p(,: /TDD:614-410-4600
Fax: 614-761-6566
Web Site: www.dublin.oh.us
The Planning and Zoning Commission took the following action at this meeting:
5. Rezoning 03-0522 -Stonehenge on Rings Road -100-700 Stonehenge Parkway
Location: 6.4 acres located on the south side of Rings Road approximately 750 feet east
of Paul G. Blazer Memorial Parkway.
Existing Zoning: SO, Suburban Office and Institutional District and R-lA, Restricted
Suburban Residential District (Washington Township classification).
Request: SO, Suburban Office and Residential District.
Proposed Use: Seven two-story office buildings totalling 78,360 square feet.
Applicant: The City of Dublin, c/o Jane Brautigam, 5200 Emerald Parkway, Dublin,
Ohio 43017; and The Stonehenge Company, c/o Mo Dioun, 41 North High Street, New
Albany, Ohio 43054.
Staff Contact: Barbara M. Clarke, Planning Director.
MOTION: To approve this rezoning application because it implements the environmental goals
of the Dublin Community Plan, preserves existing trees and protects the stream corridor to create
a genuine park setting, and allows development in appropriate areas, is consistent with the
Community Plan and with the direction given by City Council, with four con >t>ons:
1) That the site plans conform to Code;
2) That lighting conform to the Dublin Lighting Guidelines;
3) That signage be limited to a six-foot high, 50 square foot monument sign with
directional signage subject to staff approval; and
4) That deed restrictions be recorded to assure the quality expectations are achieved.
* Mo Dioun agreed to the above conditions.
VOTE: 6-0.
RESULT: This rezoning application was approved. It will be forwarded to City Council with a
positive recommendation.
STAFF CERTIFICATION
SUgMIT7ED TO COUNCIte
FOR MEETING ON
- Barbara M. Clarke
Planning Director
Planning and Zoning Commission
Staff Report -June 5, 2003
Page 19
5. Rezoning 03-0522 - Stonehenge on Rings Road -100-700 Stonehenge
Parkway
Location: 6.4 acres located on the south side of Rings Road approximately 750
feet east of Paul G. Blazer Memorial Parkway.
Existing Zoning: SO, Suburban Office and Institutional District and R-lA,
Restricted Suburban Residential District (Washington Township classification).
Request: SO, Suburban Office and Residential District. -
Proposed Use: Seven two-story office buildings totalling 78,360 squaze feet.
Applicant: The City of Dublin, c/o Jane Brautigam, 5200 Emerald Parkway,
Dublin, Ohio 43017 and The Stonehenge Company, c% Mo Dioun, 41 North
High Street, New Albany, Ohio 43054.
Staff Contact: Barbara M. Clarke, Planning Director.
BACKGROUND:
The eastern portion of the site was rezoned to SO, Suburban Office and Institutional
District in 1984. Building permit applications were submitted in April for several 10,560
squaze feet two-story office buildings. During the plan review process, the staff
examined the impacts of the proposed development on the mature trees and Cramer
Creek. The staff initiated discussions of a land swap with the developer because the City
of Dublin owns the adjacent site(s) as a "park," when in fact the developer's parcel is
much more "park-like." Aland swap would allow for a great improvement in the quality
of the park ground, the preservation of the most heavily wooded areas, the maintenance
of existing vegetation along the stream corridor, and the preservation of a scenic road
corridor. Because the developer was receptive to the idea, it was presented to City
Council. City Council approved a land swap with the developer on May 19. City
Council directed the staff to undertake rezoning the City-owned land to the SO, Suburban
Office and Institutional District. Additional development restrictions will be added
separately. (Refer to land swap agreement.)
After recommendation by the Planning Commission, this application will be forwarded to
City Council for public hearing and final vote. Atwo-thirds vote by City Council will be
required to override a negative recommendation made here. If approved by Council, the
rezoning will become effective 30 days after passage.
CONSIDERATIONS:
Site Characteristics:
• The site contains 6.4 acres located on the south side of Rings Road,
approximately 750 feet east of Paul G. Blazer Memorial Parkway. It includes the
southern portion of five lots, four of which are currently owned by the City of
Dublin. These single-family lots were acquired prior to the widening of Rings
Road, and the houses were removed. The site is currently undeveloped and
partially wooded. Cramer Creek runs along the northern edge of the site. There
are trees on both sides of the creek and in fencerows on the property lines. The
Planning and Zoning Commission
Staff Report -June 5, 2003
Page 20
site is 690 feet wide by 300 feet deep. A 60-foot wide swath running
perpendicular to Rings Road will provide access. Turn lanes aze already in place
in Rings Road. The southwestern portion of the site is an overgrown field.
• Currently, the eastern 4.8 acres of the site are zoned SO, Suburban Office and
Institutional District and the western 1.6 acres are zoned Rl-A, Restricted
Suburban Residential District (Washington Township classification). Properties
to the north and east are zoned OLR, Office, Laboratory, and Research District
and contain the Nationwide office building and the Akzo Nobel laboratory. To
the west is vacant property and the water tank/fire substation zoned Rl-A,
Restricted Suburban Residential District. To the south aze several one-story
offices zoned PCD, Planned Commerce District.
• The contract with the developer will include deed restrictions that will be
enforceable by the City of Dublin. The total building azea will be limited to
78,360 square feet. Six buildings are limited to 10,560 square feet apiece, and
one can be up to 15,000 squaze feet. Other deed restrictions will relate to building
architecture and materials, signage, setbacks, parking, easements, drainage,
landscaping, and lighting.
Community Plan Issues:
• This site is surrounded by office, laboratory and governmental uses. The Future
Land Use Plan shows this site as office use.
• The Traffic Analysis Zone (TAZ) for this azea contains 39 acres, and office use at
9,000 squaze feet per acre was assumed in the Community Plan traffic computer
modeling. About 40 percent of the land in this TAZ is owned by the City of
. Dublin and developed for park or limited service facilities.
• The current right-of--way for Rings Road is 100 feet, as required in the
Thoroughfare Plan. Rings Road was widened in 1999 from Frantz Road to the I-
270 bridge and includes four lanes with a median. A bikepath was installed along
the south side of Rings Road as part of the road-widening project.
• The Community Plan calls for the protection of the rural character in Dublin. The
proposed land "swap" will help to preserve the wooded corridor along the south
side of Rings Road. It further recommends the preservation of critical viewsheds.
The rezoning is necessary to implement that goal.
• The protection of the character of scenic roads is a Community Plan goal. This
proposal, by placing most of the development to the south of Cramer Creek, will
allow for the existing wooded frontage to remain relatively undisturbed.
• The preservation of stream valley corridors, wooded areas and fencerow is also
stressed in the Community Plan.
Site Layout:
• One curb cut on Rings Road is proposed within the 60-foot wide frontage. It will
be directly opposite a curb cut into the Nationwide site at the median break. The
driveway will extend south and cross Cramer Creek.
• Seven two-story office buildings are proposed, located south of Cramer Creek. A
15,000 square foot office building will serve as the focal point for the
Planning and Zoning Commission '
Staff Report -June 5, 2003
Page 21
development at the south terminus of the entrance drive. It will also be located
behind a water feature. The six smaller buildings (10,560 square feet apiece)
form a rectangle with parking located internally.
• The site plan shows 316 spaces, which meets Code for general office. Medical
uses would require 392 spaces.
• The City will be responsible for preparing and recording the necessary lot splits
and lot combinations.
Landscaping/Tree Preservation:
• Landscaping needs to meet the requirements of the Landscape Code. A property ~
perimeter buffer between office and residentially zoned property is required
consisting of a six-foot high opaque screen plus one shade tree per 40 feet.
Existing deciduous trees may be used to meet the tree-planting requirement.
• The Landscape Code requires the screening of vehicular use areas, including both
sides of the driveway.
• Detailed landscape plans will be submitted with the building permit application.
• The frontage along Rings Road and the Cramer Creek corridor are heavily
wooded. The developer's original site proposal on the eastern six-acre SO site
would have removed most of the trees along the frontage. This land "swap"
' facilitates preserving the trees along the road and creek. A tree survey is
underway for the land to be swapped. Tree preservation and replacement will
conform to Code, and if necessary, replacement trees will be planted on the City
property. '
Utilities and Storm Water:
• Staff has been working closely with the developer to minimize tree removal for
the utilities.
• A 21-inch sanitary trunk sewer is located along the north side of Rings Road.
With the road widening, an 8-inch line was stubbed southward to serve the project
area. This connection will be used with this proposal.
• A 12-inch waterline is beneath the Rings Road pavement. Open cutting the
pavement and/or median to access this waterline should be avoided. Staff has
been working with the applicant's engineer and the City of Columbus to provide
water via the 20-inch line that extends from Rings Road to the water tank.
• The applicant has been made aware that an additional water tank is shown in the
City's Capital Improvement Program for funding in the future. It is currently
estimated this tower will be needed by 2015.
• This project will meet the requirements of the Stormwater Regulations and
Chapter 151, Floodplain Control. The proposal includes detention basins to
handle the necessary amount of runoff and filtering. A 28-foot culvert (42-feet in
length) will be placed over Cramer Creek for the driveway. This is a studied
creek, and the new crossing will require approval from FEMA. Any fill within
the floodplain will require that an equivalent amount of storage be added to the
floodplain elsewhere in the project area to compensate. No fill can be placed
Planning and Zoning Commission
Staff Report -June 5, 2003
Page 22
within the "floodway plus twenty feet" area. The project has adequate area to
meet these requirements.
Architecture:
• Architecture is not subject to Planning Commission review in the SO District.
However, the site plan and architecture presented will be subject to deed
restrictions that will be enforceable by the City of Dublin, this is part of the land
swap agreement. The proposed buildings are highly detailed and- feature arched
windows with lintels and banding details. They will be constructed of cultured
stone and EIFS with four-sided architectural detailing. The hipped roof is to be
constructed of dimensional shingles.
Lighting/Signs:
• No lighting information has been submitted but the staff recommends that lighting
conform to the Dublin Lighting Guidelines.
• The Code permits a 50 square foot ground sign with a maximum height of 15 feet.
The developer has made a commitment to match other ground signs in the area.
• Staff recommends that a ground sign be limited to six feet in height with a stone
base to match the stone on the building.
STAFF RECOMMENDATION:
Staff believes that this site is appropriate for office development. The great outcome of
this land swap is the ability.to place the office buildings and parking on the least sensitive
portion of the site. The proposal is in keeping with surrounding development and
preserves existing trees along the road and creek. The proposal helps to implement
several strategies of the Community Plan. Staff recommends .approval subject to the
following four conditions:
Conditions:
1) That the site plans conform to Code;
2) That lighting conform to the Dublin Lighting Guidelines;
3) That signage be limited to a six-foot high, 50 square foot monument sign
with directional signage subject to staff approval; and
4) That deed restrictions be recorded to assure the quality expectations are
achieved.
Bases:
1) The proposal implements the environmental goals of the Dublin
Community Plan.
2) The proposal preserves existing trees and protects the stream corridor.
3) The proposal creates a genuine park setting by preserving the
environmentally sensitive areas and allowing development in appropriate
areas.
4) The proposal is consistent with preferred land uses for the area and
produces less traffic overall than projected in the Community Plan
Planning and Zoning Commission
Staff Report -June 5, 2003
Page 23
5) This rezoning is consistent with the direction given by City Council for
zoning land owned by the City of Dublin.
6) Deed restrictions will take the place of typical protections contained in a
planned district.
Special Note:
The staff would like to officially congratulate and thank Mr. Mo Dioun, the office
developer, for his cooperation, generosity, flexibility, and trust in us. Without that, the
City's pazk could never have risen above "mediocre". Thank you, Mr. Dioun.
.
a...,~
Dublin Planning and Zoning Commission D
Minutes -June 5, 2003 RAFT
Page 6
5. Rezoning 03-0522 -Stonehenge on Rings Road -100-700 Stonehenge Parkway
Mr. Gerber made the motion to approve this rezoning application.
Mr. Banchefsky noted this was aCity-initiated application in concert with a private applicant. It
will be necessary for the applicant to agree to the four conditions of the staff report:
1) That the site plans conform to Code;
2) That lighting conform to the Dublin Lighting Guidelines;
3) That signage be limited to a six-foot high, 50 square foot monument sign with directional
signage subject to staff approval; and -
4) That deed restrictions be recorded to assure the quality expectations are achieved.
Mo Dioun, the applicant, agreed to the above conditions.
Mr. Gerber restated his motion to approve this rezoning application, and Mr. Ritchie seconded.
Ms. Boring asked that everyone read the special thank you note included in the staff report. She
also thanked the staff and Mr. Dioun. She said this is going to be an outstanding project because
some beautiful land around it was saved. The vote was as follows: Ms. Boring, yes; Mr.
Zimmerman, yes; Mr. Saneholtz, yes; Mr. Messineo, yes; Mr. Ritchie, yes; and Mr. Gerber, yes.
(Approved 6-0.) Mr. Gerber also thanked Mr. Dioun.
OLR OLR -
OLR
OLR
OLR
SO OLR
OLR CC
SO
SO OLR
CC
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PCD
PCD
PCD PUD PUD
PCD PUD t
PUD
PCD
PCD
PCD PCD PCD PUD
PUD
PUD
PCD
PCD
City of Dublin 03-0522
Division of Planning Stonehenge on Rings Road N
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03-0522
Stonehenge on Rings Road
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03-0522
Stonehenge on Rims Road
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03-0522
Stonehenge on Rings Road
LAND SWAP AGREEMENT
THIS LAND SWAP AGREEMENT (this "Agreement") is made and entered into this
day of ,.,.,.s~ , 2003 (the "Effective Date") by and between the City of Du61in, Ohio, an
Ohio municipal corporation (the "City"), with offices at its City Hall, 5200 Emerald Parkway,
Dublin, Ohio 43017 and Stonehenge Co., an Ohio corporation ("Stonehenge"), with an address
of 41 North High Street, New Albany, Ohio 43205.
BACKGROUND INFORMATION
A. The City owns an approximate ~•2~ acre tract of unimproved real property
situated in Franklin County, Ohio (the "City Swap Tract"), which City Swap Tract comprises a
portion of a four (4) tracts of real property commonly known as Tax Parcel No.s 273-4517, 273-
5424, 273-5423, 273-5422 (collectively, the "City Property"), and is legally described on Exhibit
"A" attached hereto and incorporated by this reference herein. For a graphical depiction of the
City Swap Tract and City Property, see Exhibit "B" attached hereto.
B. Stonehenge owns an approximate ~ ~ acre tract of unimproved real property
situated in Franklin County, Ohio (the "Stonehenge Swap Tract"), which Stonehenge Swap Tract
comprises a portion of a larger tract of real property commonly known as Tax Parcel No. 273-
4518 (the "Stonehenge Property"), and is legally described on Exhibit "C" attached hereto and
incorporated by this reference herein. For a graphical depiction of Stonehenge Swap Tract and
Stonehenge Property, see Exhibit "D" attached hereto.
C. Stonehenge has expressed a desire to develop the Stonehenge Property for office
uses purposes. However, the development of the Stonehenge Property will require the removal
of a number of trees from the Stonehenge Swap Tract which will increase the development costs
thereof.
D. The City desires to preserve the trees on the Stonehenge Swap Tract.
E. The City Swap Tract contains fewer trees than the Stonehenge Swap Tract and is
az conducive to office development.
F. In consideration of the City's desire to preserve the trees on the Stonehenge Swap
Tract and Stonehenge's desire to construct an office development, the City has agreed to convey
to Stonehenge, the City Swap Tract, and Stonehenge has agreed to convey to the City,
Stonehenge Swap Tract, on the terms and conditions set forth below.
STATEMENT OF AGREEMENT
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby
agree as follows:
(H0324173.7 } Land Swap Agreement
Page 1 of 12
1. Transfer. The City shall cause the City Swap Tract to be transferred and deeded
to Stonehenge and Stonehenge shall cause Stonehenge Swap Tract to be transferred and deeded
to the City upon the terms and conditions of this Agreement. The parties agree that no cash will
be paid by or to either party except as otherwise provided for in this Agreement.
2. Contin encies.This Agreement shall be contingent upon the City, at its sole cost
and expense (a) obtaining Dublin City Council approval of this Agreement, (b) receiving reports,
inspections and tests indicating that the condition of Stonehenge Swap Tract is acceptable to the
City, (c) rezoning that portion of the City Swap Tract which is not currently classified as
Suburban Office and Institutional District (SO) to the a SO zoning classification (the portion of
the City Swap Tract located within Tax Parcel No. 273-4517 is, as of the date hereof, zoned SO), ~
and (d) obtaining all necessary lot combination and lot split approvals in connection with the
conveyance of the City Swap Tract from the City to Stonehenge and the Stonehenge Swap Tract
from Stonehenge to the City (collectively, the "City Contingencies"). The City Contingencies
shall be deemed to have been satisfied or waived, unless on or before August 31, 2003, the City
gives Stonehenge written notice of its failure to satisfy the same, in which event, this Agreement
shall be terminated, and each party shall be released from any further liability hereunder. The
date upon which all City Contingencies are either satisfied or waived, pursuant to this Section 2
or otherwise, shall be referred to as the "Contingency Date". Notwithstanding the above, if any
of the City Contingencies remain unsatisfied as of August 31, 2003, despite the City's good faith
efforts to satisfy the same, then the Contingency Date shall be extended for that time period
reasonably necessary to satisfy the City Contingencies.
3. Access.
(a) City Access. For and during the entire period that this Agreement is in effect,
the City shall, at its sole cost, have the right, at reasonable times, through the City's associates,
employees and/or contractors and agents to enter upon the Stonehenge Property and the
Stonehenge Swap Tract for the purpose of satisfying the City Contingencies.
(b) Stonehenge Access. The City shall, simultaneously with the full execution of this •
Agreement, grant to Stonehenge a right of entry (the "Right-of-Entry"), in substantially the form
attached hereto as Exhibit "E", permitting Stonehenge to enter onto that portion of the City
Property where the gravel road is currently located in order to commence and complete its
development on the Development Parcel (as defined in Section 7(b) below), which right of entry
shall be for a duration of up to three (3) years. Stonehenge agrees that, during the pendancy of its
development of the Development Parcel, its construction traffic shall only access the
Development Parcel through the area identified as the "Construction Entrance" on the Exhibit
attached to the Righ-of--Entry. In the event that Stonehenge has not completed its development
of the Development Parcel on or before May 27, 2006, then the City may elect to extend the
duration of the Right-of--Entry for such period of time as is, in the City's opinion, reasonably
necessary for Stonehenge to complete same.
4. Submission Materials. Stonehenge shall, within five (5) days after the Effective
Date, submit to the City the following information and/or materials regarding the Stonehenge
Swap Tract, to the extent the same is available: (a) surveys, site plans, topographical studies, plat
{H0324113.7 } Land Swap Agreement
Page 2 of 12
maps, property descriptions and zoning maps; (b) soils reports; (c) environmental studies; (e) a
copy of the title insurance policy issued upon Stonehenge's acquisition of the Stonehenge Swap
Tract.
5. Evidence of Title.
(a) Stonehenge Swap Tract. Stonehenge shall convey to the City good and marketable
title in fee simple to the Stonehenge Swap Tract by transferable and recordable general warranty
deed. The City may obtain and pay for an owner's title insurance commitment and policy from
Stewart Title Agency of Columbus ("Stewart") for the Stonehenge Swap Tract on such terms and
conditions as the City desires. The title evidence shall be certified to at least the Effective Date
of this Agreement with an endorsement as of 8:00 A.M. on the business day prior to the Closing
Date (as defined below), and shall show in Stonehenge marketable title in fee simple to the
Stonehenge Swap Tract free and clear of all liens and encumbrances except:
(i) those created by the City;
(ii) those specifically set forth in this Agreement;
(iii) general real estate taxes and special assessments which are a lien but are not then
payable or delinquent; and
(iv) easements and restrictions of record which do not unreasonably interfere with the
City's proposed use of the Stonehenge Swap Tract.
If an examination of either the title insurance commitment (including any endorsements
thereof) or survey discloses that Stonehenge does not have good and marketable title to the
Stonehenge Swap Tract and/or shows exceptions to title other than those permitted herein and if
Stonehenge is unable or unwilling to correct such defects or remove such exceptions within
thirty (30) days after receiving notice thereof from the City, the City may take any one or more
of the following actions: (x) waive such exceptions and proceed with the transaction; (y) by
written notice to Stonehenge, give additional time to correct such defects or remove such
exceptions to title, and (z) terminate this Agreement by written notice to Stonehenge. The City
shall not be required to object to any monetary liens, all of which are the responsibility of
Stonehenge to remove prior to or at Closing.
(b) City Swap Tract. The City shall convey to Stonehenge good and marketable title in
fee simple to the City Swap Tract by transferable and recordable general warranty deed. The
City shall obtain and pay for an owner's title insurance commitment and policy from Stewart for
the City Swap Tract. The title evidence shall be certified to at least the Effective Date of this
Agreement with an endorsement as of 8:00 A.M. on the business day prior to the Closing Date
(as defined below), and shall show in the City marketable title in fee simple to the City Swap
Tract free and clear of all liens and encumbrances except:
(i) those created by Stonehenge;
(ii) those specifically set forth in this Agreement;
(iii) general real estate taxes and special assessments which are a lien but are not then
payable or delinquent; and
{r+oszans ~ } Land Swap Agreement
Page 3 of 12
(iv) easements and restrictions of record which do not unreasonably interfere with
Stonehenge's proposed use of the City Swap Tract.
In the event that an examination of either the title insurance commitment (including any
endorsements thereof) discloses that the City does not have good and marketable title to the City
Swap Tract and/or shows exceptions to title other than those permitted herein and if the City is
unable or unwilling to correct such defects or remove such exceptions within thirty (30) days
after receiving notice thereof from Stonehenge, then Stonehenge may take any one or more of
the following actions: (x) waive such exceptions and proceed with the transaction; (y) by written
notice to the City, give additional time to correct such defects or remove such exceptions to title.
Stonehenge shall not be required to object to any monetary liens, all of which are the
responsibility of the City to remove prior to or at Closing.
6. Closing Documents. On the Closing Date (as defined in Section 7 below), the
City shall deliver to Stonehenge and Stonehenge shall deliver to the City duly and properly
executed originals of the following documents:
(a) General Warranty Deed conveying fee simple title to the City Swap Tract from
the City to Stonehenge;
(b) General Warranty Deed conveying fee simple title to the Stonehenge Swap Tract
from Stonehenge to the City (the "Stonehenge Deed")•
(c) Affidavits regarding liens (mechanics' or others), unrecorded matters and parties
in possession;
(d) 1099Ss and other IRS reporting requirements;
(e) Conveyance fee exemption forms for (i) the City Swap Tract, and (ii) the
Stonehenge Swap Tract; and
(fl Such other documents requested by the title company or as may be reasonably
necessary or appropriate to carry out the terms of this Agreement, including, but
not limited to, the deeds described in Section 7(b) below, and such other
easements as may be necessary to develop the Development Parcel. The Parties agree
to cooperate with each other in granting such easements, provided such easements do not,
in the City's opinion, materially and adversely impact the value or use and enjoyment of
any property owned by the City.
7. Deed Restrictions.
(a) Stonehenge Swap Tract. The Stonehenge Deed shall be in form and substance
acceptable to the City and shall include a restriction limiting the use of the Stonehenge Swap
Tract to passive recreational uses and prohibiting hard surface tennis and/or basketball courts
from being located thereon.
{H03241137 } Land Swap Agreement
Page 4 of 12
(b) Creation of Restrictions on Development Parcel. Immediately after the transfer of
the City Swap Tract from the City to Stonehenge, the City Swap Tract and that portion of the
Stonehenge Property which was not conveyed to the City shall, at the City's sole cost and
expense, be combined into a single parcel of real property (collectively, the "Development
Parcel"). Immediately thereafter, Stonehenge shall convey to the City (or a straw entity selected
by the City) by quit claim deed, the Development Parcel. Thereafter, the City (or the straw entity
selected by the City, if applicable), shall re-convey to Stonehenge by quit claim deed, the
Development Parcel, which quit claim deed shall include the following restrictions:
(i) Building Construction Restrictions. The total square footage of building
area on the Development Parcel shall not exceed 78,360 square feet.
(ii) Maximum Number of Buildins?s. The Development Pazcel shall contain
seven (7) buildings, six (6) of which shall contain no more than 10,560
square feet of area and one (1) of which shall contain no more than 15,000
square feet of area.
(iii) Other Restrictions. The Development Parcel shall be subject to
restrictions in the quit claim deed relating to certain matters regarding use,
. building materials, signage, setbacks, perimeter screening, parking,
loading and storage areas, easements, drainage, landscaping, lighting, tree
replacement, site plan approvals and any other matters deemed appropriate
by the City.
The parties agree to cooperate with each other to ensure that the Development Parcel is made subject to
the restrictions contemplated herein and that if the above procedure is not permitted, then the parties shall
jointly determine an alternative method acceptable to the City to ensure that the Development Parcel is
forever made subject to the restrictions contemplated herein.
8. Development Matters.
(a) Except as otherwise provided herein, Stonehenge shall be responsible for any and
all development costs incurred in connection with its development of the Development Parcel.
The foregoing notwithstanding, the City shall reimburse Stonehenge (i) up to $53,000.00 of
Stonehenge's documented costs and expenses incurred in connection with its re-engineering and
re-planning costs associated with the development of the Development Parcel, provided,
however, that such reimbursement shall be reduced by the amount which the City reasonably
demonstrates Stonehenge will save if the City permits Stonehenge to cross the real property
owned by the City located directly adjacent to and west of the City Swap Tract to tap into the
existing water/sewer line located thereon (as opposed to requiring Stonehenge to cross Rings
Road to tap into the existing water line located north of said road) and any other cost savings
facilitated by the City, and (ii) a tree survey of the City Swap Tract.
If all of the contingencies set forth in Section 2 above are timely satisfied or waived, but
the transaction contemplated hereby fails to close due to the default of the City, then the City
shall reimburse Stonehenge for its documented costs and expenses incurred in connection with
its re-engineering and re-planning costs associated with the development of the Development
{N0324113.7 } Land Swap Agreement
Page S of 12
Parcel (which documented expenses shall be provided to the City upon request), provided that
such reimbursement shall not exceed $53,000.00. Upon Stonehenge's receipt of such
reimbursement from the City both parties shall be released from further liability or obligation
hereunder.
(b) The City shall clear the existing underbrush from the Stonehenge Swap Tract in
such manner as the City deems necessary or appropriate. The City further agrees that (i) the City
Property (less the City Swap Tract) shall be limited to passive recreational uses and that no hard
surface tennis and/or basketball courts or parking spaces shall be located thereon, and (ii) the
City shall install corner stonewalls visible from Rings Road in substantially the locations shown
on Exhibit "F" attached hereto and hereby made a part hereof.
9. Closin Date. The closing of the transaction contemplated herein shall take place
within thirty (30) days after the Contingency Date (the "Closing Date"); provided, however, that
if the effective date of the rezoning of the City Swap Tract occurs prior to such date, then the
City may elect to close this transaction upon five (5) days advance notice to Stonehenge.
Notwithstanding anything to the contrary contained herein, the parties may agree in writing to
extend the Closing Date. The closing shall take place at the offices of the City's counsel, at such
time as is mutually acceptable to the parties.
The City and Stonehenge agree to use Stewart as escrow agent in connection with (a) the
closing of the conveyance (and obtaining the owner's commitment of title insurance pursuant to
Section 5 above) for the Stonehenge Swap Tract to the City (the amount of which insurance shall
be equal to the Franklin County Auditor's appraised value the Stonehenge Property multiplied by
a fraction, the numerator of which is the acreage of the Stonehenge Swap Tract and the
denominator of which is the acreage of the Stonehenge Property), and (b) the conveyance of the
City Swap Tract to Stonehenge (the amount of which insurance shall be equal to the Franklin
County Auditor's appraised value the City Property multiplied by a fraction, the numerator of
which is the acreage of the City Swap Tract and the denominator of which is the acreage of the
City Property). At the Closing, the parties agree to prorate all unpaid real estate taxes and
assessments, if any, in accordance with Franklin County community custom.
10. Possession. The City shall be entitled to full and exclusive possession of the
Stonehenge Swap Tract as of the Closing Date. Stonehenge shall be entitled to full and
exclusive possession of the City Swap Tract as of the Closing Date.
11. Notice. Any notice or other communication required or permitted to be given to a
party under this Agreement shall be in writing and shall be given by one of the following
methods to such party at the address set forth at the end of this Section 9: (i) by certified U.S.
mail, return receipt requested and postage prepaid, (ii) by hand delivery in person or by a
nationally recognized overnight courier; or (iii) by facsimile, interconnected computers, or any
other means for transmitting a written communication provided a verifiable written confirmation
can be produced and, if so sent, followed within one (1) business day by a copy sent pursuant to
either (i) or (ii) above. Any such notice shall be deemed to have been given upon receipt or
refusal of receipt. Either party may change its address for notice by giving written notice thereof
to the other party. The address of each party for notice initially is as follows:
iHOSZa„s ~ } Land Swap Agreement
Page 6 of 12
If to the City: Jane S. Brautigam
City Manager
City of Dublin
5200 Emerald Parkway
Dublin, Ohio 43017
(614) 761-6500
(614) 889-0740 (fax)
with copy to: Gregory S. Baker, Esq.
Schottenstein, Zox & Dunn
A Legal Professional Association
41 South High Street, Suite 2600
Columbus Ohio 43215
(614) 462-2344
(614) 462-5135 (fax)
If to Stonehenge: Stonehenge Co.
41 North High Street
New Albany, Ohio 43205
12. Value of the Properties. Neither the City nor Stonehenge has made any
representations or warranties to the other regarding the value of the property to be conveyed to
such party pursuant to the terms of this Agreement. If the fair market of value of the City Swap
Tract exceeds the fair market value of the Stonehenge Swap Tract, then Stonehenge shall be
responsible for the payment of all taxes, if any, associated with such difference in value as well
as any Internal Revenue Service reporting requirements, if any. If the fair market of value of the
Stonehenge Swap Tract exceeds the fair market value of the City Swap Tract, then the City shall
be responsible for the payment of all taxes, if any, associated with such difference in value as
well as any Internal Revenue Service reporting requirements, if any.
13. Brokers. The City and Stonehenge each hereby warrants and represents to the
other that they have not engaged or dealt with any broker or agent in regard to this Agreement.
14. No Third Party Benefits. The benefits of this Agreement shall run exclusively to
the City and Stonehenge and their respective permitted assignees and successors and nothing in
this Agreement shall be construed as granting any right or benefit of any kind to any other party
nor should this Agreement be relied upon in any manner by any such third party.
15. Survival of Obli ations. Except as otherwise provided herein, the representations,
warranties, covenants and obligations made by either party under this Agreement shall survive
the closing of this transaction.
16. Asst nment. This Agreement shall be binding upon and inure to the benefit of the
parties hereto, their respective heirs, legal representatives, successors and permitted assigns.
{HOSZa~,a.~ F ~ Land Swap Agreement
Page 7 of 12
17. Governing Law. This Agreement shall be governed by the laws of the State of
Ohio (regardless of the laws that might be applicable under principles of conflicts of law) as to
all matters, including but not limited to matters of validity, construction, effect and performance.
18. Forum and Venue. All actions regarding this Agreement shall be forumed and
venued in a court of competent subject matter jurisdiction in Franklin County, Ohio and the
parties hereby consent to the jurisdiction of such courts.
19. Entire Agreement. This Agreement and its exhibits and schedules and any
documents referred to herein or annexed hereto constitute the complete understanding of the
parties and merge and supersede any and all other discussions, agreements and undertakings,
either oral or written, between the parties with respect to the subject matter hereof.
20. Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under applicable law, but if any provision
of this Agreement is held to be prohibited by or invalid under applicable law, such provision
shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement.
21. Further Acts. Each of the parties hereto agrees, at any time and from time to time,
upon the request of any other party hereto, to do, execute, acknowledge and deliver, or cause to
be done, executed, acknowledged and delivered, all such further acts, documents and instruments
as may reasonably be required to effect any of the transactions contemplated by this Agreement.
22. Amendment. This Agreement shall not be changed, modified, terminated or
amended except by a writing signed by each party to this Agreement.
23. Waiver. Any waiver of a right under this Agreement must be in writing. Any
waiver of a particular default shall constitute a waiver of such default only and not of any other
default by the nonwaiving party. Any waiver of a specific right or remedy under this Agreement
shall constitute a waiver of such right or remedy only and not of any other right or remedy of the
waiving party.
24. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
25. Force Majeure. Neither of the parties hereto shall be liable under the provisions
of this Agreement for damages on account of strikes, lockouts, accidents, fires, delays in
manufacturing, delays of carriers, acts of God, governmental actions, state of war or any other
causes beyond the control of such party, whether or not similar to those enumerated.
26. Headings. All headings contained in this Agreement are inserted for convenience
of referenced only, shall not be deemed to be a part of this Agreement for any purpose, and shall
not in any way define or affect the meaning, construction or scope of any of the provisions
.;7~;
(H0324113] } Land Swap Agreement
Page 8 of (2
hereof. All schedules and exhibits to this Agreement are incorporated herein and shall be
deemed a part of this Agreement as fully as if set forth in the body hereof.
27. Interpretation. This Agreement is to be deemed to have been prepared jointly by
the parties hereto, and any uncertainty or ambiguity existing herein shall not be interpreted
against any party, but shall be interpreted according to the rules for the interpretation of arm's
length agreements.
28. Representations and Warranties. In addition to any other representation or
warranty contained in this Agreement, Stonehenge, in regard to Stonehenge Swap Tract, hereby
represent and warrant as follows:
(a) To the best of its knowledge, Stonehenge has not received any notice or notices,
either orally or in writing, from any county, state or any other governmental
agency or body, of any zoning, fire, health, environmental or building violation,
or violation of any laws, ordinances, statutes or regulations relating to pollution or
environmental standards, which have not heretofore been corrected; and
(b) To the best of Stonehenge's knowledge, there are no hazardous wastes, hazardous
substances, or hazardous materials located in, on or about or generated from their
property which may require remediation or which may result in penalties under
any applicable law.
(H0324113.7) Land Swap Agreement
Page 9 of 12
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date set forth
below their respective signatures.
THE CITY: STONEHENGE:
City of Dublin, Ohio, an Ohio Stonehenge Co., an Ohio
municipal corporation corporat~
Jane S. Brautigam, City M ager Print am ~ p
Its: t`~2>`.s
Date~vr~ l $ , 2003 Date: ~~o,~vK , 2003
Attachments:
Exhibit "A"- Legal Description of City Swap Tract
Exhibit "B"- Survey of City Swap Tract and City Property
Exhibit "C"- Legal Description of Stonehenge Swap Tract
Exhibit "D"- Survey of Stonehenge Swap Tract and Stonehenge Property
Exhibit "E"- Right of Entry Agreement
Exhibit "F"- Stonewall Locations
.
{H0324113.7 } Land Swap Agreement
Page 10 of ( 2
Lx N ~ arr „q
DESCRIPTION OF A 2.945 ACRE TRACT -
SOL'TII OF RINGS ROAD AND EAST OF PAUL G. BLAZER PARKWAY
IN THE CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
PAGE 1 OF2
SITUATED IN THE STATE OF OHIO, COUNTY OF FRAi\'KLIN, CITY OF DUBLIN,
SURVEY NO. 2419 OF THE VIRGINIA MILITARY DISTRICT AND BEING: 0.529 ACRE
OUT OF THAT 1.00 ACRE TRACT COI~TVEYED TO THE CITY OF DUBLIN OF RECORD
IN INSTRUMENT NUMBER !99905070116258, 0.528 ACRE OUT OF THAT 1.00 ACRE
TRACT CONVEYED TO THE CITY OF DUBLIN OF RECORD IN INSTRU'~NT
NUMBER 199905070116255, 0.527 ACRE OUT OF THAT 1.00 ACRE TRACT CONVEYED
TO THE CITY OF DUBLIN OF RECORD IN INSTRUMENT NUMBER 199908170208927 "
AND, 1361 ACRES OUT OF THAT 2.500 ACRE TRACT CONVEYED TO THE CITY OF '
DUBLIN OE RECORD IN INSTRUMENT NUMBER 2 00004 1 40072 94 3 (ALL REFERENCES
REFER TO THE RECORDS OF THE RECORDERS OFFICE, FRANKLIN COUNTY, OHIO)
AND DESCRIBED AS FOLLOWS:
BEGINNING, FOR REFERENCE, AT THE INTERSECTION OF THE OLD CENTERLINE
FOR RINGS ROAD WITH THE CENTERLINE FOR PAUL G. BLAZER PARKWAY;
THENCE NORTH 84° 37' S6" EAST, WITH SAID OLD CENTERLINE, A DISTANCE OF
416.24 FEET TO A MAG NAIL SET MARKING THE NORTHWESTERLY CORNER OF
SAID 1.00 ACRE TRACT (INSTRUMENT NUMBER 1 99905070 1 1 625 8), THE
NORTHEASTERLY CORNER OF THAT 3.000 ACRE TRACT CONVEYED TO THE CITY
OF DUBLIN OF RECORD IN INSTRUMENT NUMBER 199905130121957;
THENCE SOUTH OS° 13' 24" EAST, WITH THE WESTERLY LINE OF SAID 1.00 ACRE
TRACT, THE EASTERLY LINE OF SAID 3.000 ACRE TRACT, PASSING A 1 S4 II~'CH
IRON PIN FOUND AT 29.86 FEET, A TOTAL DISTANCE OF 351.71 FEET TO AN IRON
PIN SET MARKING THE TRUE POINT OF BEGINI~TING;
THENCE NORTH 84° 46' 36" EAST, ACROSS SAID 1.00 ACRE TRACTS AND ACROSS
SAID 2.500 ACRE TRACT, A DISTANCE OF 314.01 FEET TO AN IItON PIN SET;
THENCE ACROSS SAID 2.500 ACRE TRACT, THE FOLLOWING COURSES;
NORTH 07° 13' S5" WEST, A DISTANCE OF 173.41 FEET TO AN IRON PIN SET;
NORTH 14° 49' 29" EAST, A DISTANCE OF 39.90 FEET TO AN IItON PIN SET IN THE
EASTERLY LINE OF SAID 2.500 ACRE TRACT, THE WESTERLY LINE OF THAT 6.255
ACRE TRACT CONVEYED TO THE STONEHENGE COMPANY OF RECORD TN
INSTRUMENT NUMBER 199812210327874;
THENCE SOUTH OS° ]3' 24" EAST, WITH SAID EASTERLY AND WESTERLY LINES, A
DISTANCE OF 599.83 FEET TO AN IRON PIN SET MARKING A COMMON CORNER
THEREOF, IN THE NORTHERLY LINE OF LOT 7 OF "'TI]'TT'LE CROSSING" AS
RECORDED LNT PLAT BOOK 71, PAGE 100;
THENCE SOUTH 83° 36' 07" WEST, WITH THE SOUTHERLY LINE OF SAID 2.500 ACRE
TRACT AND THE SOUTHERLY LINES OF SAID 1.00 ACRE TRACTS, THE
NORTHERLY LINE OF SAID LOT 7, PASSING A'/. INCH IIiON PIN FOUND AT 33.65
FEET, A h INCH IRON PIN FOUND AT 144.54 FEET, AND'/. INCH IRON PINS FOUND
AT 203.19 FEET, 216.39 FEET, AND 219.32 FEET, A TOTAL DISTANCE OF 321.68 FEET
TO A'1. INCH IRON PII1 FOUND MARKIIdG THE SOUTHWESTERLY CORNER OF SAID
1.00 ACRE TRACT (Il~ISTRUMENT NUMBER 199905070116258), THE SOUTHEASTERLY
CORNER OF SAID 3.000 ACRE TRACT;
THENCE NORTH OS° 13' 24" WEST, WITH THE WESTERLY LINE OF SAID 1.00 ACRE
TRACT, THE EASTERLY LINE OF SAID 3.000 ACRE TRACT, A DISTANCE OF 395.64
FEET TO THE TRUE POINT OF BEGINNING AND CONTAINII~iG 2.945 ACRES, MORE
OR LESS.
DESCRIPTION OF A 2.945 ACRE TRACT
SOUTH OF RINGS ROAD AND EAST OF PAUL G. BLAZER PARKWAY
IN THE CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
PAGE 2 OF 2 -
SUBJECT, HOWEVER, TO ALL LEGAL RIGHTS-OF-WAY AND/OR EASEMENTS, IF
ANY, OF PREVIOUS RECORD.
IRON PINS SET, WHERE INDICATED, ARE IRON PIPES, THIItTEEN SIXTEENTHS
(i3/1~ INCH INSIDE DIAMETER, THIRTY (30) INCHES LONG WITH A PLASTIC PLUG
PLACED IN THE TOP BEARING THE INIT'IAI.S EMHT INC.
THIS DESCRIPTION WAS PREPARED FROM EXISTING RECORDS AND AN ACTUAL
FIELD SURVEY PERFORMED IN MAY 2003.
rww
BEARINGS ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM AS PER
NAD83, SOUTH ZONE.
EVANS, MECHWART, HAMBLETON ~ TILTON, INC.
s~
JOHN C. DODGION
REGLSTERED SURVEYOR N0.8069 o G~ y/o 3 ~ .
JCDCEW/MAYOJ -
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SUR I/EY OF ACREAGE PARCEL S
SUR1/EY NO. 2419
I/IRGIN/A MILITARY DISTRICT
CII~Y OF DUBLiN, FRA~dKL,'N COUt~iTY, OHIO
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DESCRIPTION OF A 2.709 ACRE TRACT
SOUTH OF RINGS ROAD AND EAST OF PAUL G. BLAZER PARKWAY
IN THE CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
PAGE 1 OF 1
SITUATED A THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN,
SURVEY NO. 2419 OF THE VIItGINIA MILITARY DISTRICT AND BEING PART OF
THAT 6.255 ACRE TRACT CONVEYED TO THE STONEHENGE COMPAI3Y OF
RECORD IN INSTRUMENT NUMBER 199812210327874 (ALL REFEREI~TCES REFER TO
THE RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) AND
DESCRIBED AS FOLLOWS:
BEGINNING, FOR REFERENCE, AT THE INTERSECTION OF THE OLD CENTERLINE
FOR RINGS ROAD W[TH THE CENTERLINE FOR PAUL G. BLAZER PARKWAY;
THENCE NORTH 84° 37' S6" EAST, WTTH SAID OLD CENTERLINE, A DISTANCE OF
817.85 FEIrT TO A MAG NAII.. SET MARKING THE TRUE POIN"I' OF BEGLNNL'~IG; ,
THENCE NORTH 84° 37' S6" EAST, CONTINUING WITH SAID OLD CENTERLINE, THE
NORTHERLY LINE OF SAID 6255 ACRE TRACT, A DLSTrLNCE OF 28835 FEET TO THE
NORTHEASTERLY CORNER OF SAID 6.2SS ACRE TRACT, THE NORTHWESTERLY
CORNER OF THAT ORIGII~TAL 18.113 ACRE TRACT CONVEYED TO THE WITCO
CORPORATION OF RECORD IN INSTRUMENT NUMBER 199707280055881;
THENCE SOUTH OS° 17' 34" EAST, WT£H THE EASTERLY LINE OF SAID 6.255 ACRE
TRACT, THE WESTERLY LINE OF SAID 18.773 ACRE TRACT, PASSING A A7CH
Il20N PIN FOUND AT 30.14 FEET, A TOTAL DISTANCE OF 440.29 FEET TO AN IRON
PIN SET;
THENCE ACROSS SAID 6.255 ACRE TRACT, THE FOLLOWING COURSES;
NORTH 75° 35' 35" WEST, A DISTANCE OF 336.95 FEET TO AN IRON PIN SET;
NORTH 07° 13' SS" WEST, A DISTANCE OF 137.44 FEET TO AN IRON PIN SET;
NORTH 14° 49' 29" EAST, A DISTANCE OF 97. ] 5 FEET TO AN IRON PIN SET;
NORTH 05° t3' 24" WEST, A DISTANCE OF 97.75 FEET TO THE TRUE POINT OF
BEGINNING AND CONTAINING 2.709 ACRES, MORE OR LESS, INCLUSIVE OF THE
PRESENT RIGHT-OF-WAY WHICH OCCUPIES 0.199 ACRE.
SUBJECT, HOWEVER, TO ALL LEGAL RIGHTS-OF-WAY AND/OR EASEMENTS, IF
ANY, OF PREVIOUS RECORD-
IRON PINS SET, WHERE INDICATED, ARE IIZON PIPES, THIRTEEN SDCTEENTHS
(13/16) INCH INSIDE DLAMETER, THIRTY (30) INCHES LONG WITH A PLASTIC PLUG
PLACED [_N THE TOP BEARING THE INITIALS EMHT INC.
THIS DESCRIPTION WAS PREPARED FROM EXLSTING RECORDS AND AN ACTUAL
FIELD SURVEY PERFOR'v1ED IN MAY 2003.
BEARINGS ARE BASED ON THE OHIO STATE PLANE COORDLNATE SYSTEM AS PER
NAD83, SOUTH ZONE.
EVANS, MECHWART, HAMBLETON &\/T,II.TON, INC. ` ,~~"oF
o,,
.Y~ a~,,~ ``,~Pl~~~\y, i
JOHN C. DODGION . * ( '
eaw ~ o
REGISTERED SURVEYOR N0.8069 p G~2~ - ~FGi P%f
3 s ,.,.sue. Q,
tcncEwrMwvo~ UqV E~~••
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DESCRIPTION OF A 0.053 ACRE TRACT
SOUTH OF RINGS ROAD AND EAST OF PAUL G. BLAZER PARKWAY IN THE
CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
PAGE i OF I
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN`, SURVEY NO. 2419 OF
THE VIItGINIA MILITARY DISTRICT AND BEING PART OF THAT 6.255 ACRE TRACT
CONVEYED TO THE STONEHENGE COMPANY OF RECORD IN INSTRUMENT
NUMBER 1998 1 22 1 03 27874 (ALL REFERENCES REFER TO THE RECORDS OF THE
RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) AND DESCRIBED AS FOLLOWS:
BEGINNING, FOR REFERENCE, AT THE INTERSECTION OF THE OLD CENTERLINE
FOR RINGS ROAD WITH THE CENTERLINE FOR PAUL G. BLAZER PARKWAY;
THENCE NORTH 84° 37' S6' EAST, WITH SAID OLD CENTERLINE, A DISTANCE OF
737.85 FEET TO A MAG NAIL SET MARKING THE NORTHWESTERLY CORNER OF
SAID 6.255 ACRE TRACT, THE NORTHEASTERLY CORNER OF THAT 2.500 ACRE
TRACT CONVEYED TO THE CITY OF DUBLIN OF RECORD IN INSTRUMENT
NUMBER 200004140072943, THE TRUE POIlVT OF BEGINNING;
THENCE NORTH 84° 3T 56" EAST, CONTINUING WITH SAID OLD CENTERLINE, THE
NORTHERLY LINE OF SAID 6.255 ACRE TRACT, A DISTANCE OF 20.00 FEET TO A
MAG NAIL, SET;
THENCE ACROSS SAID 6.255 ACRE TRACT, THE FOLLOWING COURSES:
SOUTH OS° 13' 24" EAST, A DISTANCE OF 86.98 FEET TO AN IRON PI1Y SET;
SOUTH 14° 49' 29" WEST, A DISTANCE OF 58.34 FEET TO AN IRON PIN SET IN THE
WESTERLY LINE OF SAID 6255 ACRE TRACT, THE EASTERLY LINE OF SAID 2.500
ACRE TRACT;
THENCE NORTH OS° 13' 24" WEST, WITH SAID WESTERLY AND EASTERLY LINES, A
DISTANCE OF 141.74 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING
0.053 ACRE, MORE OR LESS, INCLUSIVE OF THE PRESENT RIGHT-OF-WAY WHICH
OCCUP~S 0.014 ACRE.
SUBIECT, HOWEVER, TO ALL LEGAL RIGHTS-OF-WAY AND/OR EASEMENTS, IF
ANY, OF PREVIOUS RECORD.
IRON PINS SET, WHERE INDICATED, ARE IRON PIPES, THIRTEEN SIXTEENTHS
(13/16) INCH INSIDE DIAMETER, THIRTY (30) INCHES LONG WTfH A PLASTIC PLUG
PLACED IN THE TOP BEARING THE INITIALS EMHT INC. •
THLS DESCRIPTION WAS PREPARED THROUGH THE USE OF EXISTING RECORDS
AIdD AN ACTUAL FIELD SURVEY PERFORMED IN MAY 2003.
BEARINGS ARE BASID OI~T THE OHIO STATE PLANE COORDINATE SYSTEM AS PER
NAD 83, SOUTH ZONE.
EVANS, MECHWART, HAMBLETON & TILTON, II3C.
IOHN C. DODGION
REGISTERED SURVEYOR NO.8069 0 ~~L/3
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SUR I/EY OF ACREAGE PARCEL S
SURi/EY NO. 2419
i//RGINIA M/L l TAR Y D/S TR/C T
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SUR I/EY OF ACREAGE PARCEL S
SUR1/EY NO. 2419
I/IRGIN/A MILlT,4RY DISTRICT
CITY OF GUBUN, FR.
ANKL 1N COUiV T Y, OH,'O
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SUR i/EY OF ACREAGE PARCEL S
SURi~EY NO. 2419
I/IRGIN/A M/LITARY DJSTRICT
CITY OF DUAL/N, FRA!'YKL1i'd CO(iNT? OHtO
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SUR i/EY OF ACREAGE PARCEL S
SUR{/EY ND. 2419
V/RGIN/A M/LITARY DISTRICT
CITY OF CURL lN, FRANKLIN t; OUP T Y, OH.'O
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StonMerrgy Caneeny / StmNtripe Plxe / 10CWJJB/JD738Dr
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Mr. Frank Ciarochi
Director of Development
City of Dublin
5200 Emerald Parkway
Dublin, Ohio 43217
Re: Right of Entry over that portion of an approximately O, t~ acre tract of real
~ property (the "Property") graphically depicted on Exhibit "A" attached hereto (the
"Gravel Road"
Dear Sir/Madam:
The City of Dublin, Ohio, and Ohio municipal corporation (the "City"), hereby grants to
Stonehenge Co., anOt~ ~ Q corporation ("Stonehenge"), and any necessary person designated
by Stonehenge, for the period commencing on May27, 2003 and terminating on the earlier of
May 27, 2006 and the date upon which Stonehenge completes its construction of an office
development on the real property graphically depicted on Exhibit "B" attached hereto (the
"Development Parcel"), the right and permission to enter upon the Gravel Road on the Property
to access the Development Parcel. All activities by Stonehenge and its agents, employees,
contractors, invitees and designees (collectively, the "Agents") shall be performed in a good and
workmanlike manner in accordance with the highest standards in the industry and in
conformance with all applicable governmental laws, rules, ordinances and regulations.
Stonehenge shall restore the Property and Gravel Road to as nearly as practical to the condition
to which the Property and Gravel Road were on the date of its entry thereto and vacate the same
on or before the expiration of this Right of Entry.
Stonehenge shall indemnify and hold the City and its affiliates and their respective agents,
officers, contractors, shareholders and invitees harmless from and against any and all losses,
a liabilities, damages, actions, causes of action or claims for injury, death, loss or damage of
whatever nature to any person or property or business caused by or resulting from any acts or
omissions of, or otherwise in connection with any entries upon the Property by Stonehenge or
any of its Agents. The foregoing indemnify shall include any and all costs, expenses or liabilities
incurred by the City, including, without limitation, reasonable fees of attorneys, paralegals,
experts, court reports and others. If any mechanics' lien is placed on, or threatened against, the
Property or any other property of the City or its affiliates as a result of actions or inaction of, or
any entry or work on the Property by Stonehenge or its Agents, and the same is not removed of
record within twenty (20) days after the filing thereof, the City may, at its option, take such
action as the City deems approprYate, including, without limitation, paying or bonding off the
same, and any costs incurred by the City, including, without limitation, reasonable fees of
attorneys, paralegals, experts, court reporters and others, together with interest thereon at the rate
of twelve percent (12%) per annum from the date incurred by the City until paid by Stonehenge,
shall be due and payable by Stonehenge to the City on demand. Upon request, Stonehenge shall
provide to the City evidence of comprehensive general public liability insurance for claims for
personal injury, death and property damage caused by or resulting from the acts or omissions of,
{H0324113.5) Land Swap Agreement
Page 11 of 12
or otherwise in connection with any entries to the Property by Stonehenge or any of its Agents.
Such insurance shall be in form and substance acceptable to the City. Notwithstanding anything
herein to the contrary, in the event Stonehenge fails to perform any of its obligations hereunder,
then Stonehenge's rights hereunder shall be terminable immediately upon notice from the City to
Stonehenge.
Please acknowledge your agreement with the foregoing by signing this letter where indicated
below and returning a copy to the undersigned.
Very truly yours,
THE CITY OF DUBLIN, OHIO
Print Name: ~Jccn e, S _ Q,r~x,v-};c3Rrv~
Its: G, Ma,,n
ACKNOWLEDGED and AGREED to
this 2:7~ day of {Y1~-~ , 2003.~~(JU-
STONEHENG ~,J orporation
Print a p
Title: -~t-~ f~
{H0324113.5 } Land Swap Agreement
Page 12 of 12
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