12-05 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, Inc. - _ Form No. 30043 _ _
12-OS Passed . 20
Ordinance No.
AN ORDINANCE AUTHORIZING THE PURCHASE OF A 4.63
ACRE, MORE OR LESS, TRACT OF LAND, KNOWN AS
PARCEL NO. 273-001896-00, LOCATED EAST OF EITERMAN
ROAD, TOWNSHIP OF WASHINGTON, COUNTY OF
FRANKLIN, STATE OF OHIO, AND A 12.246 ACRE, MORE OR
LESS, TRACT OF LAND, KNOWN AS PARCEL NO. 39-00-
NSHIP
ITERMAN ROAD TOW
D EAST OF E ,
01004.00 LOCATE
OF JEROME, COUNTY OF UNION, STATE OF OHIO, FROM
BS DEVELOPMENT COMPANY, LLC.
D
WHEREAS a oal of Dublin City Council is to acquire land for continued
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development within the City; and 'I
WHEREAS, the City desires to enter into an agreement to purchase a 4.63 acre, more or I~I~
- re more or less
no. 273-OU1896 00 and a 12.246 ac
less, tract of land, known as parcel
- 1004.00 for continued develo ment within the I,
as arcel no. 39-00 0 P
t of land known
trac
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City for the price of $2,738,131.00; and
WHEREAS, the aforementioned objectives will require the City of Dublin to obtain a fee
simple interest in the 4.63 acre, more or less, tract of land, known as parcel no. 273-
001896-00, located east of Eiterman Road, Township of Washington, County of Franklin,
State of Ohio, and a 12.246 acre, more or less, tract of land, known as parcel no. 39-00-
01004.00, located east of Eiterman Road, Township of Jerome, Union County, State of
I
'bit A and
ched Exlu
Ohio, as described in the atta ,
WHEREAS, it is necessary to amend the annual appropriations ordinance to provide
in authorization for the ac uisition of the ro ert .
ade uate fund q P p Y
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NOW, TH FORE, BE IT ORDAINED by the Council, of the City of Dublin, State
rs concurrin that:
of the elected membe
of Ohio g
Section 1. The City Manager is hereby authorized to execute a Real Estate Purchase
re
h 4.63 ac
ition oft e
ess closin documents related to the ac uts ,
d an nec q
Agreement an y ary g
more or less, and 12.246 acre, more or less, tracts of land and paying any related costs.
Section 2. There be appropriated Two Million Seven Hundred Thirty-Eight Thousand
One Hundred Eighty-One Dollars ($2,738,181.00), for the purchase of acquiring the 4.63 I
n an related
less tracts of land and a
acre, more or less, and 12.246 acre, more or p yl g Y
acquisition costs.
Section 3. This Ordinance shall take effect and be in force from and after the earliest
date permitted by law.
Passed this day of~~Y'/~r , 2005.
Mayor -Presiding Officer
i
ATTEST:
r~---
I hereby certify that copies of this
Clerk of Council Ordinance/Resolution were osted in the
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City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
I
Deput Jerk of Council, Dublin, O io
MEMORANDUM
TO: Dublin City Council
Jane Brautigam
FROM: Stephen J. Smith, Law Director
DATE: February 2, 2005
RE: Purchase of DBS Development Company, LLC Property
Ordinance No. 12-OS
In conjunction with Dublin City Council's goal to acquire land for continued development within
the City, the City desires to acquire a 4.63 acre, more or less, and 12.246 acre, more or less,
tracts of land located east of Eiterman Road from DBS Development Company LLC. The City
and DBS Development Company LLC are continuing to negotiate the amount of compensation.
Legal Staff recommends approval of this Ordinance.
{H0513559.1 }
Continuation of Schedule A GF No. 75200998
4. Legal description of the land:
FRANKLIN COUNTY:
Situated in the County of Franklin in the State of Ohio and in the Township of Washington:
Being a tract of land situated in Virginia Military Survey No. 6748 in Washington Township, Franklin
County, State of Ohio, said tract being part of that tract deeded to C. S. Kennedy as recorded in Deed
Volume 2586, page 88 sud being the land of which City National Bank is the trustee as recorded in Deed
Volume 3065, page 250 in the Franklin County Recorder's Office, said tract being more particularly
described as follows:
Beginning at a nail in the Union-Franklin County Line at its intersection with the centerline of Eiterman
Road (Old U.S.R. 33 presently kuown as County Road 41);
Thence from the place of beginning, South 87° 57' 37" East along the Union
Franklin County Line also
being the southerly boundary or property owned by Warren W. and Helen L. Gorden, a distance of 422.75
feet (passing over a concrete monument at 169.15 feet), to an iron pin in the westerly limited access right-
of-way line of U.S.R. 33 said iron pin being 128.43 feet right of centerline survey Station 1338 / 15.59;
Thence with the westerly limited access right-of-way line Soutt? 22° 16' 46" East, a distance of 605.32 feet to
an iron pin being 114.57 feet right of and radially from centerline survey Station 1344 / 17.81;
Thence continuing along said right-of--way line South 26° 24' 3:3" East, a distance of 289.69 feet to a point
being 103.00 feet, right of and radially from centerline survey Station 1347 / 00.00;
Thence contin~ung along said right-of-way line South 27° 28' S1" East, along the chord of a curve to the left
having a radius of 4009.53 feet an arc length of 182.05 feet, a distance of 182.04 feet to an iron pin in the
northerly boundary of property owned by Theodore H. Wolfe, said iron pin being 103.00 feet right of and
radially from centerline survey Station 1348 / 77.39;
Thence South 81°.12' 27" West, along the northerly boundary of property owned by Theodore H. Wolfe, a
distance of 17.47 feet to an iron pin;
Thence North 40° 18' S0" West, along the centerline of Eiterman Road (County Road 41), a distance of
1309.71 feet to the place of beginning, containing 4.630 acres, more or less.
Subject to all legal right-of--way of previous record including a channel easement as recorded in Deed
Volume 2783, page 312, and a limited access roadway easement as recorded in Deed Volume 1598, page
427.
The above mentioned channel easement contains 0.652 acres. The above mentioned limited access roadway
easement contains 3.023 acres. Leaving a net usable acreage of 0.955 acres, more or less.
The stations and offsets mentioned are as per Ohio Highway Department Project UNI - 33 -20.23, FRA- 33
- 0.00.
The above described tract of land was surveyed by Charles J. Destefani, Registered Surveyor No. 5666 of
Kunze, Games and Street, Inc. in September, 1970.
Chicago Title Insurance
Company
Continuation of Schedule A GF No. 75200998
' UNION COUNTY:
Situated in the County of Union in the State of Ohio and in the; Township of Jerome:
Tract No. l:
Situated in Virginia Military Survey No. 6748 in the Township of Jerome, County of Union, State of Ohio,
and being a portion of 46.75 acre tract of land conveyed to Charles W. and Zadia Gorden by deed of record
in Deed Boolt 128, page 222, Recorder's Office, Union County, Ohio, and 1/2 interest subsequently
conveyed to Warren W. and Helen L. Gorden by deed of record in Deed Book 218, page 110, Recorder's
Office, Union County, Ohio, and bounded and described as follows:
Beginning at an iron pin at the intersection of the County Line between Franklin and Union Counties with
the west Iimited access right-of--way line of U.S. Route 33, as said right-of--way is shown on Sheet 27 of 29 of
Ohio Department Highways right of-way plans for UNI-33-20.23 and FRA-33-0.00, said iron pin being in
the south line of said 46.75 acre tract and said iron pin being 123.43 feet right of centerline station
1338+15.59 of U.S. Route 33;
thence N 87° 57' 37" W along the County Line between Franklin and Union Counties and along a portion
of the south line of said 46.75 acre tract a distance of 541.51 feet to a concrete right-of--way monument at
the southwest corner of said 46.75 acre tract and in the west Iimited access right-of--way line of Eiterman
Road (formerly old U.S. Route 33) as said right~f--way is shown on Sheet 2 of 8 of Ohio Department of
Highways right-of--way plans for UNI-33-23.34 and FRA-33-0.00 (passing a concrete right of-way
monument in the east right-of--way line of Eiterman Road at 253.60 feet);
thence N 3° 53' 25" W along a portion of the west line of said 46.75 acre tract a distance of 832.95 feet to an
iron pin in the curved west limited access right-of-way line of C:i.S. Route 33, said iron pin being 384.36 feet
right of centerline station 1328+08.25 of U.S. Route 33 as shown on Sheet 24 of 29 of Ohio Department of
Highways right-of-way plans for UNI-33-20.23 and FRA-33-0.00 (passing a concrete right of-way
monument in the east limited access rfgh~of--way line of Eiterman Road at 358.35 feet);
thence southeasterly along the curved west linuted access right of--way line of U.S. Route 33 and with a
curve to the right having a radius of 766.51 feet a chord distance of 174.30 feet bearing S 45° 14' S1" E to
an iron pin at the point of tangency of said curve, said iron pin being 312.36 feet right of centerline station
1329+66.98 of U.S. Route 33;
thence S 38° 43' 04" E along the west limited access right-of--way line of U.S. Route 33 a distance of 375.43
feet to an iron pin at the point of curvature of a curve, said iro[t pin being 197.15 feet right of centerline
station 1333+24+29 of U.S. Route 33;
thence southerly along the curved west right of-way line of U.S. Route 33 and with a curve to the right
having a radius of 1380.39 feet a chord distance of 394.63 feet hearing S 30° 29' S4" E to an iron pin at the
point of tangency of said curve, said iron pin being 130.93 feet right of centerline station 1337+13.39 of U.S.
Route 33;
thence S 22° 16' 46" E along the west Iimited access right-of-way line of U.S. Route 33 a distance of 102.23
feet to the place of beginning;
Containing 6.05 acres of land, more or less and being subject to all legal highways, easements and
restrictions of record, including Parce! 4, an easement for highway purposes as conveyed to the State of
Ohio by deed of record in Deed Book 183, page 361, Recorder's Office, Union County, Ohio, and including
Parcel 88 x-2, an easement for channel purposes, as conveyed to the State of Ohio by deed of record in
Deed Boolc 226, page 363, Recorder's Office, Union County, Ohio, leaving a net useable acreage of 3.728
acres of land more or less.
Chicago Title Insurance
Company
Continuation of Schedule A GF No. 75200998
Tract No. 2:
Being a tract of land situated in Virginia Military Survey No. 6748 in Jerome Township, Union County,
State of Ohio, said tract being part of a tract deeded to Warren-Teed Pharmaceuticals Inc. as recorded in
Deed Volume 211, page 608 in the Union County Recorder's Office and in Deed Volume 2498, page 358 in
the Franklin County Recorder's Office, said tract being more particularly described as follows:
Beginning at a paint in the centerline of Eiterman Road (Old U.S.R. 33, presently County Road 1) at a
point North 40° 18' S0" West a distance of 199.56 feet from a nail in the centerline of said Eiterman Road
with its intersection with the Union-Franklin County Line; thence from the place of beginning North 40°
18' S0" West along the centerline of Eiterman Road (County Road 1) a distance of 994.52 feet to a point;
thence North 39° 24! 52" West along the chord of a curve to the right having s radius of 6138.83 feet an arc
length of 190.61 feet a distance of 190.60 feet to a point being the intersection of the centerline of Old U.S.R
33 County Road, and Old County Road 24; thence North 65° 57' S0" East along the centerline of Old
County Road 24, also being the southerly boundary of property owned by George J. Elias a distance of
124.62 feet to a point; thence South 39° 30' S2" East along the rhord of a curve to the left having a radius of
6018.83 feet an arc of 141.23 feet a distance of 141.22 feet to an iron pin in the westerly limited access right-
of-way line of U.S.R 33; thence with the westerly limited access righbof--way line of U.S.R 33 South 72° 18'
20" E along the chord of a curve to the right having a radius of 766.51 feet, an arc leugth of 551.98 feet, a
distance of 540.13 feet to an iron pin the the westerly boundary of property owned by Warren W. and
Helen L. Gorden; thence South 3° 53' 25" East along the westerly boundary of property owned by Warren
W. and Helen L. Gorden a distance of 684.64 feet to the place of beginning, containing 6.196 acres, more or
less.
Subject to all legal right-of--way of previous record including a channel easement as recorded in Deed
Volume 227, page 32, a limited access roadway easement to the State of Ohio and an easement for ingress
and egress as recorded in Deed Volume 227, page 32.
The above mentioned channel easement contains 0.533 acres.
The above mentioned limited access roadway easement contains 3.002 acres.
The above mentioned easement for ingress and egress contains 0.67 acres, leaving a net useable acreage of
2.594 acres, more or less.
The above described tract of land was surveyed by Charles J. Destefani, Registered Surveyor No. 5666 of
Kunze, Games, and Street Inc. in Sept., 1970.
Chicago Title Insurance
Company
DECLARATION OF OFFICIAL INTENT
For Reimbursement of Expenditures from Bonds~'Notes
This is a Declaration of Official Intent under Treasury Regulations Section 1.103-18.
1. The City of Dublin (the City) declares that it reasonably expects that the capital
expenditures described in 2 will be reimbursed with the proceeds of bonds, notes,
certificates, or obligations under a financing lease, installment purchase or loan agreement,
representing a borrowing by the City in the maximum principal amount, for such
reimbursements, of $2,750,000.
2. The capital expenditures to be reimbursed are four the acquisition of land for future
economic development. Specifically, the City will acquire a 4.63 acre, more or less, tract
of land and a 12.25 acre, more or less tract of land located south of S.R. 161/Post Road and
west of U.S. 33/S.R. 161 Road to preserve the economic development capability of the area
near the U.S. 33/S.R. 161 interchange.
3. This Declaration of Official Intent is consistent: with the budgetary and financial
circumstances of the City of this Declaration, in that no money (including the money
advanced to make the expenditures that are to be reimbursed) is, or is reasonably, allocated
on a long-term basis, or otherwise set aside by the City or any other entity, with respect to
the expenditures described in 2.
4. Within 30 days from this date this Declaration of Official Intent shall be made
available as a public record subject to inspection by the general public or at the main
administrative office of the Issuer for reasonable public inspection during all normal
business hours.
The undersigned has been authorized by the City to make and sign this Declaration on
behalf of the City.
Date of Declaration:
(Signature)
Marsha i Crrigshy,~lZty
((_Ttv Mana r/Dire ter of Finance
(Name and Tide)
Caution: This Declaration of Official Intent will not be effective 11n~ SS the notes,
bonds or other obligations providing moneys for the reimbursement are issued and the
reimbursement is made (by an allocation on the books and records identifying the
expenditure as in 2 above) by the later of (a) one year after the date of payment of the
expenditure or (b) one year after the date the property with respect to which the expenditure
is made was placed in service.
P:\DATA\F[NANCE\FORMS\Declaration of Official Intentdoe