27-06 Ordinance t
RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
2706 Passed ~
Ordinance No.
AN ORDINANCE AUTHORIZING A LAND EXCHANGE
WITH MULTICON BUILDERS, INC. FOR ROADWAY
IMPROVEMENTS, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin and Multicon Builders, Inc. desire to exchange
certain tracts of land to provide for roadway improvements in the City of
Dublin.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, ~ of the elected members concurring that:
Section 1. Dublin City Council authorizes a land exchange with Multicon
Builders, Inc. per the attached Exhibit "A."
Section 2. This ordinance is hereby declared to be an emergency
necessary for the immediate preservation of the public health, safety and
welfare. The reason for such necessity is that the prompt land exchange is
necessary to provide for roadway improvements in the City of Dublin.
Therefore, this ordinance shall go into immediate effect.
Passed this day of , 2006.
ayor -Presiding Officer
ATTEST:
Clerk of Council
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.
L~
e uty Clerk of Council, Dublin, Ohio
~~SCHOTTENSTEIN
ZOX °~c D U N N ~,..~P~
MEMORANDUM
TO: Dublin City Council
Jane S. Brautigam `C~`~---
FROM: Paul A. Hammersmith, PE, Director of Engineering
Stephen J. Smith, Law Director
DATE: April 27, 2006
RE: Land Exchange between City and Multicon Builders, Inc.
Ordinance No. 27-06
SUMMARY:
In conjunction with Dublin City Council's goal to provide for necessary roadway
improvements in the City of Dublin, the City desires to enter into a Land Exchange
Agreement with Multicon Builders, Inc.
RECOMMENDATION:
Legal Staff recommends Council dispense with the public hearing and approve
Ordinance 27-06 as emergency legislation.
jH0670886.1 }
EXH1BtT
LAND SWAP AGREEMENT
~ THIS LAND SWAP AGREEMENT (this "Agreement") is made and entered into on the
day of ~1pRt , 2006 (the "Effective Date"), by and between MULTICON BUILDERS,
INC., an Ohio corporation, whose address is 49~ S. High Street, Ste. 150, Columbus, Ohio
43015 ("Multicon"), and the CITY OF DUBLIN, OHIO, an Ohio municipal corporation, whose
address is 5200 Emerald Parkway, Dublin, Ohio 43017 (the "City").
BACKGROUND INFORMATION
A. The City owns an approximate 15.78 acre tract of unimproved real property
situated in Franklin County, Ohio (said real property, together with all rights, appurtenances and
hereditaments appertaining thereto, shall hereinafter be referred to as the "City Property"). The
City Property is legally described on Exhibit "A" attached hereto and hereby made a part hereof
and is graphically depicted on Exhibit "B" attached hereto and hereby made a part hereof (to the
extent of any inconsistencies between Exhibit "A" and Exhibit "B" attached hereto, Exhibit "A"
shall control); and
B. The City Property is part of a larger tract of real property owned by the City
containing approximately 36.72 acres and known as Tax Parcel No. 274-000013 (said real
property shall hereinafter be referred to as the "Parent Parcel"). The Parent Parcel is graphically
depicted on Exhibit "C" attached hereto and hereby made a part hereof; and
C. Multicon owns an approximate 6.057 acre tract of unimproved real property
situated in Franklin County, Ohio and known as Tax Parcel No. 010-218949 (said real property,
together with all rights, appurtenances and hereditaments appertaining thereto, shall hereinafter
be referred to as the "Multicon Property"). The Multicon Property is legally described on
Exhibit "D" attached hereto and hereby made a part hereof and is graphically depicted on Exhibit
"E" attached hereto and hereby made a part hereof (to the extent of any inconsistencies between
Exhibit "D" and Exhibit "E" attached hereto, Exhibit "D" shall control); and
D. The City desires to extend Tuttle Crossing Boulevard in a westerly direction over
and across the Multicon Property; and
E. Multicon desires io construct a residential development on the City Property; and
F. In consideration of the City's desire to extend Tuttle Crossing Boulevard over the
Multicon Property and Multicon's desire to construct a residential development on the City
Property, the City has agreed to convey to Multicon, the City Property, and Multicon has agreed
to convey to the City, the Multicon Property, on the terms and conditions set forth below.
{H041403710) Land Swap Agreement
Page i of 10
STATEMENT OF AGREEMENT
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration the parties hereby agree as follows:
1. Transfer. The City shall cause the City Property to be transferred and deeded to
Multicon and Multicon shall cause the Multicon Property 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. City Contingencies. This Agreement shall be contingent upon the City (a)
obtaining Dublin City Council approval of this Agreement and (b) obtaining all necessary legal
description and lot split approvals in connection with the conveyance of the City Property from
the City to Multicon (collectively, the "City Contingencies"). The City Contingencies shall be
deemed to have been satisfied or waived, unless on or before sixty (60) days after the Effective
Date (the "Contingency Date"), the City gives Multicon written notice of its failure to satisfy the
same, in which event, this Agreement shall be terminated. The Contingency Date may be
extended by the mutual agreement of the parties.
3. Multicon Contingency. This Agreement shall be contingent upon Multicon
determining that the City Property is suitable for Multicon's intended development. thereof (the
"Multicon Contingency"). The Multicon Contingency shall be deemed to have been satisfied or
waived, unless on or before the Contingency Date, Multicon provides the City with written
notice of its failure to satisfy the same, in which event, this Agreement shall be terminated. Upon
Multicon's completion of its inspections of the City Property, Multicon will have fully inspected
the City Property, will have made all investigations as Multicon deems necessary or appropriate
and will be relying solely upon Multicon's inspection and investigation of the City Property for
all purposes whatsoever, including, but not limited to, the determination of the condition of soils,
subsurface, drainage, surface and groundwater quality, and all other physical characteristics;
availability of permits and approvals (including any necessary zoning approvals for Multicon's
proposed development of the Property); availability and adequacy of utilities (including, but not
limited to, water and sewer); compliance with governmental laws and regulations; access;
encroachments; acreage and other survey matters; availability of curb cuts; and the character and
suitability of the City Property. There have been no representations, warranties, guarantees,
statements of information, express or implied, pertaining to the City Property, its condition, or
any other matters whatsoever made to Multicon by the City or any employee of agent of the City.
The City has not made any representations or warranties to Multicon regarding whether
development of the City Property is permitted or feasible.
4. Access. For and during the entire period that this Agreement is in effect, each
party shall, at its sole cost, have the right, at reasonable times, to enter upon the Multicon
Property and City Property, as applicable, for the purpose of satisfying its contingencies. Each
party shall indemnify and hold the other party harmless for any losses that it may suffer as a
result of it inspections of the other party's property and agrees to repair any damage to such
property resulting from such inspection.
{HOa~ao3z,o~ Land Swap Agreement
Page 2 of 10
5. Evidence of Title/Survey.
(a) Title. Each party shall convey to the other marketable title in fee simple to the
property to be conveyed hereunder by transferable and recordable general warranty deed. Each
party may obtain and pay for an owner's title insurance commitment and policy for the property
to be conveyed to such party hereunder on such terms and conditions as it may desire. 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 transferor thereof marketable title in fee simple to such property free and clear of all liens
and encumbrances except:
(i) those created by the other party;
(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;
(iv) easements and restrictions of record which do not unreasonably interfere with the
such party's proposed use of the property to be conveyed to such party hereunder;
and
(v) monetary liens (which shall be the obligation of the transferor thereof to discharge
prior to or at closing without further objection from the other party).
(b) Survey. Each party may, within thirty (30) days after the Effective Date hereof,
obtain from a registered surveying and/or engineering firm, at its own expense, a survey plat of
the property to be conveyed to such party hereunder.
(c) Defects. In the event that an examination of either the title insurance commitment
(including any endorsements) or any survey obtained hereunder discloses any matter adversely
affecting title to the City Property and/or Multicon Property, or if title to the City Property and/or
Multicon Property is not marketable, or if the City Property and/or Multicon Property is subject
to liens, encumbrances, easements, conditions, restrictions, reservations or other matters not
specifically excepted by the terms of this Agreement, or in the event of any encroachment or
other defect shown by the survey (the foregoing collectively referred to as "Defects"), then the
examining party shall provide written notice of such Defects to the owner of such property on or
before the Contingency Date. The owner of such property shall then have a reasonable time, not
to exceed thirty (30) days after such written notice, within which to cure or remove any such
Defects. In the event that the owner of such property is unable or unwilling to cure or remove
the Defects within said thirty (30) day period, then the owner shall immediately give notice of its
inability to the examining party and thereafter, the examining party shall have ten (10) days after
receipt of such notice within which to make its election to either accept title to such property
subject to such Defects or to withdraw from this transaction and terminate this Agreement.
6. Closing Documents. On the Closing Date (as defined in Section 7 below), the
City shall deliver to Multicon and Multicon shall deliver to the City, as appropriate, duly and
properly executed originals of the following documents:
(H0414037.10~ Land Swap Agreement
Page 3 of 10
(a) General Warranty Deed from the City to Multicon conveying fee simple title to
the City Property;
(b) General Warranty Deed from Multicon to the City conveying fee simple title to
the Multicon Property;
(c) Seller's affidavits regarding liens (mechanics' or others), unrecorded matters and
parties in possession;
(d) 1099Ss and other IRS reporting requirements (including FIRPTA affidavits);
(e) Conveyance fee statements; and
(f) Such other documents as may be reasonably necessary or appropriate to carry out
the terms of this Agreement (including, without limitation, a settlement
statement).
7. Closing Date. The purchase and sale of the City Property and Multicon Property
shall be closed (the "Closing") within thirty (30) days after the Contingency Date, which Closing
date may be extended by agreement of the parties and shall be extended by such time, if any, as
is necessary to cure Defects, as set forth in Section 5 hereof, or obtain any necessary legal
description and/or lot split approvals as set forth in Section 2 hereof (the "Closing Date"). The
Closing shall be at such time and place as the City and Multicon may mutually agree.
8. Possession. As of the Closing Date, the City shall be entitled to full and exclusive
possession of the Multicon Property and Multicon shall be entitled to full and exclusive
possession of the City Property.
9. Adjustments at Closing. On the Closing Date, the parties shall apportion, adjust,
prorate and pay the following items in the manner hereinafter set forth:
(a) Payment for City Property. At the Closing, Multicon shall pay to the City, in
immediately available funds or by cashier's check, Two Hundred Thirteen Thousand Eight
Hundred Fifty Six and 71/100 Dollars ($213,856.71). The City and Multicon acknowledge and
agree that the foregoing sum represents the difference in value between the City Property and
Multicon Property.
(b) Real Estate Taxes-Multicon Property. Multicon shall pay all delinquent real estate
taxes, together with penalties and interest thereon, all assessments which are a lien against the
Multicon Property as of the Closing Date (both current and reassessed, whether due or to become
due and not yet payable), all real estate taxes for years prior to closing, real estate taxes for the
year of Closing, prorated through the Closing Date and all agricultural use tax recoupments for
years through the year of Closing. The proration of undetermined taxes shall be based upon a
three hundred sixty-five (36~) day year and on the last available tax rate, giving due regard to
applicable exemptions, recently voted millage, change in tax rate or valuation (as a result of this
transaction or otherwise), etc., whether or not the same have been certified. It is the intention of
{H0414037.101 Land Swap Agreement
Page 4 of 10
the parties in making this tax proration to give the City a credit as close in amount as possible to
the amount which the City will be required to remit to the County Treasurer for the period of
time preceding the Closing Date hereof. Upon making the proration provided for herein, the
City and Multicon agree that the amount so computed shall be subject to later adjustment should
the amount credited at Closing be incorrect based upon actual tax bills received by the City after
Closing.
(c) Real Estate Taxes-City Property. The parties hereby agree that because the City
Property is exempt from real property taxes, the parties will not prorate real estate taxes at the
Closing with respect thereto.
(d) Multicon Expenses. Multicon shall, at the Closing (unless previously paid), pay
the following: (i) the recording fees required for recording the General Warranty Deed for the
City Property from the City to Multicon, (ii) the cost of furnishing the title commitment and final
policy for the City Property; (iii) one-half the fee charged by the title agency conducting the
Closing, and (iv) the Value Difference in accordance with Section 9(a} above.
(e) City Expenses. The City shall, at the Closing (unless previously paid), pay the
following: (i) the recording fees required for recording the General Warranty Deed for the
Multicon Property from the Multicon to the City; (ii) the cost of furnishing the title commitment
and final policy for the Multicon Property; and (iii) one-half the fee charged by the title agency
conducting the Closing.
(f) Brokers. Multicon hereby warrants and represents to the City that Multicon has
not engaged or dealt with any broker or agent in regard to this Agreement. Multicon agrees to
indemnify the City and hold the City harmless against any liability, loss, cost, damage, claim and
expense (including, but not limited to, attorneys' fees and costs of litigation) which the City shall
ever incur or be threatened with because of any claim of any broker or agent claiming through
Multicon, whether or not meritorious, for any such fee or commission. The City hereby
represents and warrants to Multicon that the City has not engaged or dealt with any broker or
agent in regard to this Agreement. The City agrees to indemnify Multicon and hold Multicon
harmless against any liability, loss, cost, damage, claims and expense (including, but not limited
to, attorneys' fees and cost of litigation) which Multicon may ever suffer, incur, or be threatened
with because of any claim by any broker or agent claiming by, through or under the City,
whether or not meritorious, for any such fee or commission.
l0. 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 11: (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:
(HM14037.10) Land Swap Agreement
Page 5 of 10
If to the City: Jane Brautigam
City Manager
City of Dublin
5200 Emerald Parkway
Dublin, Ohio 43017
(614) 923-5516 (fax)
with copy to: Elaine Darr, Esq.
Schottenstein, Zox & Dunn
A Legal Professional Association
250 West Street
Columbus Ohio 43215
(614) 462-5135 (fax)
If to Multicon: Multicon Company
495 S. High Street, Ste. 150
Columbus, Ohio 43015
Fax ~ - 2~ k a
with copy to: Charles Driscoll
Edwards Land Company
495 South High Street, # 150
Columbus, Ohio 4321 S
(614) 241-2080 (fax)
1 1. Intentionally deleted.
12. No Third Party Benefits. The benefits of this Agreement shall run exclusively to
the City and Multicon 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.
13. Survival of Obligations. 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.
14. Assignment. This Agreement shall be binding upon and inure to the benefit of the
parties hereto, their respective heirs, legal representatives, successors and permitted assigns.
Multicon shall not assign this Agreement without the City's prior written consent, which the City
may withhold in its sole and absolute discretion. The foregoing notwithstanding, Multicon shall
have the right to assign this Agreement to an affiliate of Multicon so long as Multicon remains
fully liable hereunder and provides written notice to the City thereof, together with a copy of the
document whereby this Agreement is assigned from Multicon to such affiliate. For purpose of
this Section 14, the term "affiliate" shall mean any other entity or person directly or indirectly
controlling, controlled by or under common control with Multicon and/or a family member of
Land SLVap Agreement
{H0414037 10 )
Page 6 of 10
such person. An entity or person shall be deemed to control Multicon if the controlling
entity/person owns 10% or more of any class of voting securities (or other ownership interests)
of Multicon or possesses, directly or indirectly, the power to direct or cause the direction of the
management or policies of Multicon, whether through ownership of stock, by contract or
otherwise.
15. 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.
THE CITY AND MULTICON HEREBY WAIVE ANY RIGHTS WHICH THEY MAY
HAVE TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM
BROUGHT BY THE CITY AGAINST MULTICON OR BY MULTICON AGAINST THE
CITY ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THIS AGREEMENT, MULTICON'S DEVELOPMENT OF THE
CITY PROPERTY, AND/OR ANY CLAIM FOR INJURY OR DAMAGE.
16. 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.
17. 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.
18. 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.
19. 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.
20. Amendment. This Agreement shall not be changed, modified, terminated or
amended except by a writing signed by each party to this Agreement.
21. 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.
~~+oa,no3>>o~ Land Swap Agreement
Page 7 of 10
22. 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.
23. 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.
24. 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
no in any way define or affect the meaning, construction or scope of any of the provisions
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.
25. 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.
26. Confidentiality. Multicon shall not disclose the terms, conditions and agreements
contained in this Agreement without the prior written consent of the City. Notwithstanding the
foregoing, Multicon may disclose the terms, conditions and agreements contained in this
Agreement with its attorney and bona fide financial and tax advisors.
27. Representations and Warranties. In addition to any other representation or
warranty contained in this Agreement, Multicon hereby represents and warrants as follows:
(a) Multicon has not received any notice or notices, either orally or in writing, from
any municipal, county, state or any other governmental agency or body, of any
violations of any laws, ordinances, statutes or regulations relating to Multicon
Property;
(b) The execution, delivery and performance of this Agreement, and the
consummation of the transaction contemplated hereby, will not result in any
breach of, or constitute any default under, or result in the imposition of any lien or
encumbrance against, the Multicon Property, under any agreement or other
instrument to which Multicon is a party or by which Multicon or the Multicon
Property might be bound;
(c) Multicon has not received any notice, either orally or in writing, of any change
contemplated in any applicable laws, ordinances or restrictions, or any judicial or
administrative action, or any action by adjacent landowners, which would
prevent, limit or in any manner interfere with the proposed use of the Multicon
Property;
Land Swap Agreement
(H0414037 10 ~
Page 8 of 10
(d) No other person or entity other than the City has or will have any right to acquire
the Multicon Property, or any portion thereof, from Multicon;
(e) The execution, delivery and performance by Multicon of this Agreement and the
performance by Multicon of the transactions contemplated hereunder, and the
conveyance and delivery by Multicon to the City of possession and title to the
Multicon Property, have each been duly authorized by such persons or authorities
as may be required, and on the Closing Date, Multicon shall provide the City with
certified resolutions, or other instruments, in form satisfactory to the City,
evidencing such authorization;
(f) Through and until the Closing Date, Multicon shall not enter into any covenant,
restriction, encumbrance, right of lien, easement, lease or other contract pertaining
to the Multicon Property;
(g) To the best of Multicon's knowledge, there are no underground storage tanks and
no hazardous wastes, substances, or materials (collectively, "Hazardous
Materials") located in, on or about or generated from the Multicon Property which
may require removal or remediation or which may result in penalties under any
applicable law; Multicon shall be responsible for the proper removal and disposal
prior to Closing of any such Hazardous Materials;
(h) Multicon shall not, without the prior written consent of the City, alter the natural
topography and vegetation currently existing on, in or about the Multicon
Property, including, but not limited to the cutting, burning or removal of any
trees, removing any minerals or topsoil, dumping of any soil, fill or other matter,
or altering the natural flow of any water courses located on the Multicon Property;
(i) Multicon is not a "Foreign Person" as that term is defined in the Foreign
Investment in Property Tax Act.
- Multicon hereby agrees to indemnify and hold the City harmless from and against any
and all claims, demands, liabilities, costs and expenses of every nature and kind (including
attorneys' fees) which the City may sustain at any time {i) as a result of, arising out of or in any
way connected with the operation, ownership, custody or control of the Multicon Property prior
to the Closing Date; or (ii) by reason of the untruth, breach, misrepresentation or nonfulfillment
of any of the covenants, representations, warranties or agreements made by Multicon in this
Agreement or in any documents or agreements delivered in connection with this Agreement or
with the closing of the transaction contemplated hereby. If, during the pendency of this
Agreement, the City determines that any warranty or representation given by Multicon to the
City shall be untrue, incorrect or misleading, in whole or in part, the same shall constitute a
default by Multicon hereunder. In such event, the City may give written notice thereof and shall
thereafter have such rights and remedies as may be available to the City as provided herein, at
law or in equity, including, but not limited to, the right to receive compensation for damages
and/or the right to terminate this Agreement.
Land Swap Agreement
(H0414037 70}
Page 9 of 10
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date set forth
below their respective signatures.
THE CITY:
City of Dublin, an Ohio
municipal corporation
B y : vas- ~ . (~~~,~?.~-,tea
Jane Brautigam, City M ager
Date: ~pvt l ce Z~ C~
The foregoing is accepted.
MULTICON BUILDERS, INC.,
an Ohio corpora(tilon f)
Print Name: c:.-~~-.zc.,~.s 02lsc:uc-~-
Its: t~
Date: ~ - z Zov~'
Attachments:
Exhibit "A"- Legal Description of City Property
Exhibit "B"- Graphical Depiction of City Property
Exhibit "C"- Graphical Depiction of Parent Parcel
Exhibit "D"- Legal Description of Multicon Property
Exhibit "E"- Graphical Depiction of Multicon Property
Land Swap Agreement
{H0414037.70}
Page 10 of 10
- EXHIBIT
iS.788 ACR,)tiS
Situated in tiro State of Ohio, County of Frankin, City of Dublin, Virgizua Military Survey Numbet 3094,
being a pert of the 36.748 acre tract conveyed to City of Dublin by deed of record in J~nstntment Number
200211184294003, (ell references are to flee zecords of the Recorder's Offict, Franklin County, Ohio) and being
nuorc particularly described as follows:
Beginning, far reference, at Fraaldiza County Creodtiio Survey Monument Number 7?50, being in the
centerline of Avery Road;
Thence South 84° S I' S7" West, a distance of 1202.66 Poet, partly with the northerly lines of "KENDALL
RIDGE 513CTION 3" as recorded is Plat Book 95, Page 15. and "I~IJNDALL RIDGE SECr1.ON Z" as recorded in
Plat Book 93, Fage 85, to an itoa pia found at floe common corner of Reserve "B" of said "KENDAL);.1tTfX}E
SECTION 2" and said 36.748 sore tract, being In the south line of the 16.94 acre tract conveyed to The Boazd of
Education, Dublin City School District by deed of record ion Instrumtnt Number 199709170045760, and being the
'(RUE POINT OF BBGINNII~IG;
ThGOCe South 03° 03' 05" East, a distance of 1629.56 felt, with the easterly line of said 36.748 acre tract,
and the westerly lines of said "ICEND,A.L.L ItIDC}E SBCTION 2" and "K$NUALL lt>DGL~ SECTION 1" ae
recorded in Flat Book 90, Page 38, to an iron pin set at rho common corner of said 36.748 acre trxet and said
`~ENAAI,L RIDGE SECTTON 1
Thence South 85° 04' 05" West, a distance of 393.81 feet, across said 36.74$ acre tract, to an iron pin set an
tl}e line common to said 36.748 acre tract sad Lot 331 of "13A~IS.ANI'RAE SECTION 3" as rewrde+d in Flat Book
102, Page 4-7, being the line eott~uon to said Virginia 1Vlilitary Survey Number 3004 and Virginia Military Survey
Number 3453;
7ltencc North 05° 03' 19" West, a distance of 1080.60 feet, with the line common to said 36.748 acre pact
and said ``BAI,LANIRA$ SEC`1'ION 3", and with said VMS luxe, to as iron pin found in the easterly line of Lot
319 of said "BALLANIRAIi SECTION 3";
Thence Nortb OS° 12' S4" West, a distance of 545.92 feat, continuing with said eorpanon line, and with said
VMS line, to a concrete post found at the common comer of said 36.748 acre tract, Lot 314 of said
")3ALI.ANIT.AE SECTION 3", the 17.104 acre tract conveyed to City of Dublin by decd of record izz Instrument
Number 200001050004762, and said 16.96 acre tract;
Thence North 84° 51' S7" East, a distance of 452.31 feat, with the lute common to said 36.748 and 16.96
acre tracts, to the TRUE POINT OF BEGINNING, coatnuing 15.788 acres of land, mart ar less,
Subject, howe~r, to all legal rights-of--way and/or easeraez~ts, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30)
inches long with a plastic plug placed in the top bearing the initials EMIIT INC.
Bearings ate based on the Ohio Stan Plane Coordinate System, NAD83. Control for bearings was derived
from cootYlinates of monuments 7748 & 7749, as established by the pranklin County Engineering ]3epartnsent using
Cllobal Positioning System procedures and equipment, ltaving a bearing between them of North 45° 17' 10" East.
,~`',~p,~ OF EVANS, N.CFCH'WART HA.1vf8LE'Y'ON & TII.TON, INC.
, PEgRg~tL amts M. Fearsall ,f/D~ r
" 0,~,~~
~G7$~~Eo,:
y~. Professional Surveyor No. 7,840 etc
is ~ss~s~sat.aoc ~'%.;~~~NAI.SV~~~r .
• EXHIBIT
11/1'L/1Nya 15:16 61q-24
' PAGE 83
• SURVEY OF ACREAGE PARCEL N"`~1f0~"
smt~a>AVnaann~t>p,a~ l9RGlN1A MIL/7ARY SURI/E'Y Na :3004 eawK t''~0'
s~vtaumlaw~axn~atowat¢•roe~ae
s:uw
o~me~ia sQ10piyo~. dTY OF OUBL/N, fRANKUN CDUNn; OH/O, .m,~ raw.tset
7AS Booty o/ fallcol/on, KsfdaB Rid a Section J ~ ,
~ DubJ4r CRy Schaal Okbkt P.e 9~ P, 75 (
I 1&96• Aa '
dlyy o! 0uW/n '/.N. 199709170095760 Jy0i66'
f7. J0~ Ac W _ /Cfs ~
' LN. Tp00010B000476T N ~ 137' f gJZ.J} • S @4S1'O7' ~ • w \77Sa ~ .
hw. Pt. /«md }
• cwJrd. PaJt • re a
s. ~ ~
~ h KendoN Rhlyye Stclkn T ~ n \ ~ ~
wt w I ~ A
nnnec r ~
• m ~
~ .
• MEAA4AN
DR/tom
. M' A~ p A »
• ~
aJ MM Ph /hwd ' ~ .
JJ n
~ z ~ •
~ .
' ~ d r
~ .o
.w 15.788 A~ n• fi n .
. ~
~ .m
• m ~ +
IC~NDRLL R/UGE
~ ~ ~ m v~ BOULEI/ARO
- V5 ~ ~n r .
V p/ 4 ~ m
OL
7J y
' tlJ KendeN Riddgpe Section ! It,
'P.LR Flt, P. J8 .
~ !J
c/er o/ aa/a ,J
J6.1I8 Aa I,
. 'aJ $ I.N 1AT111J80?94A7J y
~ to Vii S 8549.05• M' Jgx81• '
C ~ s» /xa BA•vs`a"!C'A~mvcs eeoiyt e7 soJee al Inc LMIv Stew Prax eoaoha(e
Spfeny MAadl Nt4o' Ar ~6evNye cot dread Dorn aldUlwlN e/ menwna.li
YaK /rV. )7!e d' TJN,.a ulesWlred nr eM /}ente. t2vw.V [ngher
~q arvaanm+r ert
~ I.P /Ml Cend PMdUan.'+y SWIM ad ewb~wnt nei+My a AJainy n.lecr.f aan.•
O ~ IP. ~Si r e/ Ner(n 0.S' IY !O' CoA.
• + NAG Rf¢ tM7.
O - 1uG lLtIC S£r
' yv rRh aW ti,oa.d FLMr~wc ~ i' P ~ ~
~ f
q,
a GRAPHIC SCALE ~
(!N Fff7J q
~d ~ yea
Eddey6 Lmd GY. / Xwrddl ~a+ Mttt Bwndary .9+n+y / roes
Joseph W. Testa, Franklin County Auditor Page ] of 1
- . Geogr~shic lnfot~rratlari S}~s`tem
t7~~~?~ T~~S~
Au~.itor, ~'ran~Iin ~ou~t~y, ship
PID:274-000013 EXHIBIT
City Of Dublin
Temple Ad, Dublin, OH 43002 Image Date: Thu Mar 30 14:27:17 2006
.
f -
1 ~ - ~r _
i
~ / ~ -
_ i
~ - ~ ~ i i ~
i !7 _
_ `
_ -
~2_ r V~ ~ -
Owner Name CITY OF DUBLIN Transfer Date 11/18/2002
Sale Amount $0
Year Built 2002
Site Address TEMPLE RD
Mail Address DUBLIN CITY OF Auditor's Map O110C 016.01
Neighborhood 1.07
5200 EMERALD PKWY School Name Hilliard CSD
DUBLIN OH 43017-1066 Annual Taxes $0.00
Tax District CITY OF DUBLIN-WASH TWP-HILLL4RD CSD
Description AVERY RD
36.7481 ACRES
Auditor's Appraised Values
Assessed Acreage 36.75
Land $0 Exempt Land $2,021,100 Landuse 660 -Owned By Park District
Building $0 Exempt Building $38,700 CAUV $0
Total $0 Exempt Total $2,059,800 Homestead
Property Class Exempt
Building Information Number of Cards 1
Rooms 0 Baths 0 Square Feet 0.0 Fireplaces
Bedrooms 0 Hatf Baths 0 Air Cond. Stories 0.0
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
and data. Users of this map are notified that the public primary information source should be consulted for verification of the information contained
on this map. The county and the mapping companies assume no legal responsibilities for the information contained on this map. Please notify the
Franklin County GIS Division of any discrepancies.
http://209.51.193.87/scripts/mw~dprt.pl?pname=7019&ts=Thu_Mar_30_ 1 x:27:17_2006 0!2006
EXHIBIT
Situated in the State of Ohio, in the County of Franklin and in the Township of
Washington;
Being in V.M.S. No. 3004, and being 6.808 acres from near the south margin of the
Ther1I Clegg 62.480 acre parcel, and being further described as follows: From a railroad
spike set in the centerline of Avery Road (80'), same said railroad spike being on the
westward projection of the south margin of Cara Road (60'); thence proceed S. 08
degrees 22' 00" W. along said Avery Road centerline, 1307.50 feet to a cement nail, the
true point of beginning; thence S. 81 degrees 38' 00" E. 151.17 feet to an iron pin,
passing an iron pin at 40.00 feet; thence N, 83 degrees 29' 21"E. 1,454.74 feet to an iron
pin; thence S. 06 degrees 49' 02" E. 160.00 feet to an iron pin; thence S. 83 degrees 29'
21" W. 1,593.44 feet to an ixon pin; thence N. 81 degrees 38' 00" W. 59.12 feet to a
cement nail in said centerline of Avery Road, and passing an iron pin at 19.12 feet;
thence N. 08 degrees 22' 00" E. along said Avery Road 190,00 feet to the point of
beginning, containing 6.057 acres, more or less.
. EXHIBIT
635 WBrowcsea9e o
~ioe
Corrta~:BOB WYND
614.818.4900 ext. 225
Fax: 818-4902
CONPANIBS
Rte'--_. AVERY
AD
Rte! • ~r.~
E' ~
190.03' ''~2~~`~
e w
N p ~ I~
J W
m
O
C TO
TTV
C ,'1
x cn ~ ~
~ W
p D
m ~ ~ ~
0 2 ~
c ~0 a
of rn Oi < vl = ~
~m~ .~jNV o o aZ O
A~ Dvn n o ytn Z
O o c m
tmirD ~ c m Ax
z Nc~y ~ Z yD
~ ~
~ O
< O
A
tT
U ~
W Jt
Z
SCALE: 1 "=150'
oanw ontc 5/21 /04 973008 QO'09l
C s w An+sEU o~ra .ioe guuecxs 3.Z0. .905
431.IWf1 3'U1f 11-XOO~VA
~ V.V ."KVg1oIN"Vu"or. r " r/n/~.~. ~ Maw w - 4 r.. ~."ti r