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66-07 Resolution
RECORD OF RESOLUTIONS 1 1 1 Resolution No. 66-07 (Amended) Passed , 20 A RESOLUTION ADOPTING A STATEMENT REGARDING POSSIBLE INCOMPATIBLE LAND USES AND ZONING BUFFER FOR A PROPOSED ANNEXATION OF 5.352 ACRES, MORE OR LESS, FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF DUBLIN, OHIO AS REQUIRED BY SECTION 709.023(C) OF THE OHIO REVISED CODE (PETITIONER: COSTNER CONSULTING COMPANY; PROPERTY ADDRESS, 7679 POST ROAD, DUBLIN, OH 43016) WHEREAS, a petition for an Expedited II method of annexation of 5.352 acres, more or less, from Washington Township, Franklin County was filed in the offices of the Board of County Commissioners of Franklin County, Ohio on October 22, 2007, by Stephen D. Martin, Attorney/Agent for Petitioner, Costner Consulting Company; and WHEREAS, the Expedited II method of annexation, pursuant to Section 709.023(C) of the Ohio Revised Code, requires that within 20 days of the petition being filed, the municipality to which annexation is proposed must adopt an ordinance or resolution relating to land uses and buffers if the territory proposed to be annexed is currently subject to either county zoning pursuant to Chapter 303 of the Ohio Revised Code or township zoning pursuant to Chapter 519 of the Ohio Revised Code; and WHEREAS, the territory proposed for annexation is currently subject to township zoning pursuant to Chapter 519 of the Ohio Revised Code; and WHEREAS, pursuant to Section 709.023(C) of the Ohio Revised Code, this resolution must state that should (a) the territory be annexed and (b) subsequently becomes subject to municipal zoning, and (c) the municipal zoning permits uses in the annexed territory that the municipal corporation determines are clearly incompatible with the uses permitted under current county or township zoning in the adjacent land remaining in the township from which the territory was annexed, then the Dublin City Council will require, in the zoning ordinance permitting the incompatible uses, the owner of the annexed territory to provide a buffer separating the use of the annexed territory and the adjacent land remaining within the township; and WHEREAS, pursuant to Section 709.023(C) of the Ohio Revised Code, "buffer" includes open space, landscaping, fences, walls, and other structured elements; streets and street rights-of--way; and bicycle and pedestrian paths and sidewalks; and WHEREAS, Section 153.004(D) of the Dublin Codified Ordinances requires that upon annexation, the annexed territory be automatically rezoned to R-Rural District subject to regulations and procedures contained in the City of Dublin Zoning Code and amendments; and WHEREAS, the territory proposed for annexation is adjacent to the City of Dublin along the west side and is adjacent to Washington Township on all other sides. Section 1. The City of Dublin hereby adopts the following statement for the 5.352 acres, more or less, in Washington Township, Franklin County: NOW, THERE BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Should the territory (a) be annexed and (b) subsequently become subject to zoning pursuant to the Dublin Codified Ordinances, and (c) the municipal zoning permits uses in the annexed territory that Dublin City Council determines are clearly incompatible with the uses permitted under current county or township zoning in the adjacent land remaining in the RECORD OF RESOLUTIONS 1 66-07 (Amended) Resolution No. Page 2 Pressed . 20 township from which the territory was annexed, then the Dublin City Council will require, in the zoning ordinance permitting the incompatible uses, the owner of the annexed territory to provide a buffer separating the use of the annexed territory and the adjacent land remaining within the township should land adjacent to the territory be determined to be unincorporated territory. Section 2. This resolution shall be effective immediately upon its passage as provided under Section 4.04(a) of the Revised Charter. Passed this day of /V p (~ ~{~Y~?f,/, 2007. 1 1 Mayor -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. Degdt~y Clerk of Council, Dublin, Ohio CTfY OF DUBLIN_ Office of the City Manager X200 Emerald Parkway • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 TO: Members of Dublin City Council FROM: Jane S. Brautigam, City Manager DATE: November 1, 2007 Memo INITIATED BY: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Steve Langworthy, Director Land Use and Long Range Planning Gary P. Gunderman, Planning Manager Barbara A. Cox, P.E., Engineering Manager -Development Stephen J. Smith, Director of Law RE: Resolution No. 65-07 (Amended} - A Resolution Adopting a Statement of Services for a Proposed Annexation of 5.352 acres, More or Less, from Washington Township, Franklin County, to the City of Dublin, Ohio. (Petitioner: Costner Consulting Company; Property address -7679 Post Road) Summary Resolution No. 66-07 (Amended) - A Resolution Adopting A Statement Regarding Possible Incompatible Land Uses and Zoning Buffer for a Proposed Annexation of 5.352 acres, More or Less, from Washington Township, Franklin County, to the City of Dublin, Ohio as Required by Section 709.023(C) of the Ohio Revised Code. (Petitioner: Costner Consulting Company; Property address -7679 Post Road) On October 22, 2007, attorney/agent Stephen D. Martin filed an annexation petition, on behalf of Costner Consulting Company with the Franklin County Commissioners. The petition is for 5.352 acres of land, located on the south side of SR 161 between Houchard Road and Cosgray Road in Washington Township, and is to be annexed into the City of Dublin. The petition was filed pursuant to R.C. 709.023, which is also known as the "Expedited II" annexation method. This property was the subject of apre-annexation agreement approved by the City Council on June 18, 2007. Under this process the City must within twenty days after the petition is filed, adopt a resolution relating to municipal services, and adopt a resolution relating to land uses and zoning buffers, if the territory proposed to be annexed is currently subject to either county or township zoning. Amended Resolutions No. 65-07 and 66-07 have been prepared for those purposes and for your consideration. The Franklin County Commissioners must grant the proposed annexation, without a hearing, so long as certain criterian in R.C. 709.023 have been established. Memo to Council re Costner Annexation November 1, 2007 Page 2 of 3 Background Z©IVIIVG and e©MMURrITYPLAN The current Washington Township zoning classification for this property is R-8, Suburban Residential District, which allows agriculture and single-family dwellings. Upon annexation, the property will be automatically zoned R, Rural District, under the Zoning Code of the City of Dublin. The 1997 Community Plan anticipated annexing this area by the year 2010. The adopted Future Land Use Map calls for Mixed Use Employment Emphasis for the entire tract. The existing adjacent properties include largely undeveloped property to the north, west, east and industrial uses to the south. SERVICE ASSESSMENT • POLICE PROTECTION The City of Dublin has five police districts and deploys a minimum of five cruisers. The subject annexation is located approximately 3.1 driving miles from the Justice Center, the Division of Police headquarters. The City of Dublin provides police and communications services on a twenty-four hour basis and has mutual aid agreements with other jurisdictions. The annexation area will be fully served with these services at the same or similar level now being provided to other areas of the City. • FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE (EMS) The Washington Township Fire Department provides fire protection to this area of Dublin. The closest station is approximately 2.3 miles away at Washington Township Fire Department Station 91 on Shier Rings Road. If changed, the annexation area will be fully served with Fire and EMS at the same or similar level now being provided to other areas of the city. • SOLID WASTE COLLECTION The annexation area will be served with solid waste collection at no additional fee. However, based on the Future Land Use plan, it appears that this property will have a commercial use; therefore, they will be required to use a hired collection service for their solid waste removal. • WATER DISTRIBUTION The property is located within the exclusive annexation area of the Water Service Agreement with the City of Columbus. A 16-inch water main exists at the southeast corner of SR 161 and Cosgray Road. An extension to this property will be needed to provide service. As outlined in the Pre-annexation Agreement, this water system extension has been included for construction in the City's Capital Improvement program for 2008. • SANITARY SEWER (WASTEWATER) COLLECTION The property is located within the exclusive annexation area of the Sanitary Service Agreement with the City of Columbus. This property is located with the tributary area of the South Fork Indian Run trunk sewer. This trunk sewer is currently located north of the Sports Ohio Complex on Cosgray Road. A sewer extension will be necessary to provide service to this project. As Memo to Council re Costner Annexation November 1, 2447 Page 3 of 3 outlined in the Pre-annexation Agreement, this sewer extension has been included for construction in the City's Capital Improvement program for 2448. • STORMWATER MANAGEMENT AND FLOODPLAIN The property is relatively flat and drains north to southwest and is located within the tributary of the South Fork Indian Run watershed as defined by the Stormwater Master Plan. As agreed in the Pre-annexation agreement, an easement on the adjacent City-owned parcel will be needed to access an outlet point for storrnwater drainage on this property. This property is located outside any FEMA designated floodplains. • ROADS AND STREETS The primary road serving this acreage is SR 161, which is classified as a scenic major arterial and is required to have 144 feet of right-of--way per the current Thoroughfare Plan. The proposed Thoroughfare Plan, currently under review, indicates that SR 161 is a major arterial and is planned to have 135-144 feet of right-of--way. As agreed in the Pre-annexation Agreement, an easement on the adjacent City-owned parcel is needed for cross-access to this parcel and 32 feet of right-of--way will be dedicated along the SR 161 frontage. If new roads or streets within a proposed development would be dedicated to the City, they would be maintained to the same or similar level being provided to other areas of the City. This property was identified within the proposed annexation areas of the Community Plan and is located within the exclusive Dublin service area as defined in the water and sewer agreements with the City of Columbus. Recommendation: Approval of Amended Resolutions 65-47 and 66-47 regarding the Statement of Services and Possible Incompatible Land Uses is recommended. Upon City Council's approval these Resolutions will be forwarded to the Franklin County Commissioners for their consideration of the annexation of the 5.352 acres. ~SCHOTTENSTEIN ZOX~DUNN~,~~-. MEMORANDUM TO: Dublin City Council Jane S. Brautigam FROM: Stephen J. Smith, Law Director DATE: October 11, 2007 RE: Resolution Nos. 65-07 and 66-07 - Costner Annexation -Statement of Services and Statement Regarding Possible Incompatible Land Uses and Zoning Buffer Costner Company is the owner of certain real property located on 7679 Post Road in Washington Township (the "Property"). The Property is located adjacent to and beyond the present corporate boundaries of the City of Dublin ("City"). Costner Co. desires to annex the Property to the City in order to obtain municipal services to support the Property. The City has entered into aPre- Annexation Agreement with Costner Co. and the Law Department has prepared the Expedited 2 Petition for Annexation ("Annexation Petition") for filing with the Franklin County Board of Commissioners. Within 20 days after the petition is filed, the municipality to which annexation is proposed must adopt an ordinance or resolution concerning a Statement of Municipal Services and Statement Regarding Possible Incompatible Land Uses and Zoning Buffer Resolutions. The Ohio Revised Code Section 709.02 requires that an accurate legal description of the perimeter and an accLUate map or plat of the territory proposed for annexation be included with the Annexation Petition. In order to ensure the accuracy of the legal description and map, it is necessary to submit the legal description and map to the county engineer's office in wluch the property is located for approval. The surveyor, Paul Clapsaddle, has submitted the legal description and map of the Property to the Franklin County Engineer's Office but the approval has not yet been issued. Therefore, the Law Department is requesting that Resolutions 65-07 and 66-07 be postponed until November 5 in order to obtain the approval and file the Annexation Petition. C1TY OF DUBI.IN_ Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1006 Phone: 614-410-4400 • Fax: 614-410-4490 Memo TO: Members of Dublin City Council FROM: Jane S. Brautigam, City Manager DATE: September 27, 2007 INITIATED BY: Steve Langworthy, Director of Land Use and Long Range Planning Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Steve Langworthy, Director Land Use and Long Range Planning Gary P. Gunderman, Planning Manager Barbara A. Cox, P.E., Engineering Manager -Development Stephen J. Smith, Director of Law RE: Resolutions 65-07 and 66-07 -Annexation of 5.352 Acres +/-, 7679 Post Road, Washington Township (Petitioner -Costner Consulting Company) Summary During the week of September 24, 2007, attorney/agent Stephen D. Martin filed an annexation petition on behalf of Costner Consulting Company with the Franklin County Commissioners. The petition is for 5.352 acres of land, located on the south side of SR 161 between Houchard Road and Cosgray Road in Washington Township, and is to be annexed into the City of Dublin. The petition was filed pursuant to R.C. 709.023, which is also known as the "Expedited II" annexation method. This property was the subject of apre-annexation agreement approved by the City Council on June 18, 2007. Under this process the City must within twenty days after the petition is filed, adopt a resolution relating to municipal services, and adopt a resolution relating to land uses and zoning buffers, if the territory proposed to be annexed is currently subject to either county or township zoning. Resolution Nos. 65-07 and 66-07 have been prepared for those purposes and for your consideration. The Franklin County Commissioners must grant the proposed annexation, without a hearing, so long as certain criteria in R.C. 709.023 have been established. Background Z©IVIIVG and e©MMURrITYPLAN The curY•ent Washington Township zoning classification for this property is R-8, Suburban Residential District, which allows agriculture and single-family dwellings. Upon annexation, the property will be automatically zoned R, Rural District, under the Zoning Code of the City of Dublin. The 1997 Community Plan anticipated annexing this area by the year 2010. The adopted Future Land Use Map calls for Mixed Use Employment Emphasis for the entire tract. The existing Memo to City Council re Costner Annexation September 27, 2007 Page 2 adjacent properties include largely undeveloped property to the north, west, east and industrial uses to the south. SERVICE ASSESS:YIENT • POLICE PROTECTION The City of Dublin has five police districts and deploys a minimum of five cruisers. The subject annexation is located approximately 3.1 driving miles from the Justice Center, the Division of Police headquarters. The City of Dublin provides police and communications services on a twenty-four hour basis and has mutual aid agreements with other jurisdictions. The annexation area will be fully served with these services at the same or similar level now being provided to other areas of the City. • FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE (EMS) The Washington Township Fire Department provides fire protection to this area of Dublin. The closest station is approximately 2.3 miles away at Washington Township Fire Department Station 91 on Shier Rings Road. If changed, the annexation area will be fully served with Fire and EMS at the same or similar level now being provided to other areas of the city. • SOLID WASTE COLLECTION The annexation area will be served with solid waste collection at no additional fee. However, based on the Future Land Use plan, it appears that this property will have a commercial use; therefore, they will be required to use a hired collection service for their solid waste removal. • WATER DISTRIBUTION The property is located within the exclusive annexation area of the Water Service Agreement with the City of Columbus. A 16-inch water main exists at the southeast corner of SR 161 and Cosgray Road. An extension to this property will be needed to provide service. As outlined in the Pre-annexation Agreement, this water system extension has been included for construction in the City's Capital Improvement program for 2008. • SANITARY SEWER (WASTEWATER) COLLECTION The property is located within the exclusive annexation area of the Sanitary Service Agreement. with the City of Columbus. This property is located with the tributary area of the South Fork Indian Run trunk sewer. This trunk sewer is currently located north of the Sports Ohio Complex on Cosgray Road. A sewer extension will be necessary to provide service to this project. As outlined in the Pre-annexation Agreement, this sewer extension has been included for construction in the City's Capital Improvement program for 2008. • STORMWATER MANAGEMENT AND FLOODPLAIN The property is relatively flat and drains north to southwest and is located within the tributary of the South Fork Indian Run watershed as defined by the Stormwater Master Plan. As agreed in the Pre-annexation agreement, an easement on the adjacent City-owned parcel will be needed to access an outlet point for stormwater drainage on this property. This property is located outside any FEMA designated floodplains. Memo to City Council re Costner Annexation September 27, 2007 Page 3 • ROADS AND STREETS The primary road serving this acreage is SR 161, which is classified as a scenic major arterial and is required to have 100 feet of right-of--way per the current Thoroughfare Plan. The proposed Thoroughfare Plan, currently under review, indicates that SR 161 is a major arterial and is planned to have 135-140 feet of right-of--way. As agreed in the Pre-annexation Agreement, an easement on the adjacent City-owned parcel is needed for cross-access to this parcel and 32 feet of right-of--way will be dedicated along the SR 161 frontage. If new roads or streets within a proposed development would be dedicated to the City, they would be maintained to the same or similar level being provided to other areas of the City. This property was identified within the proposed annexation areas of the Community Plan and is located within the exclusive Dublin service area as defined in the water and sewer agreements with the City of Columbus. Recommendation: Approval of Resolutions 65-07 and 66-07 regarding the Statement of Services and Possible Incompatible Land Uses is recommended. Upon City Council's approval, these Resolutions will be forwarded to the Franklin County Commissioners for their consideration of the annexation of the 5.352 acres. _ _ _ Unlon County _ ~ Franklin County x Rp°a ~ P~o~~ GEY ,o"o~ o ub\~n~ o a ~ .c A Slte a Location Map (not to scale) in rn cn S04'45'35"E 56.83' C ~L Place of Beginning _ --R/W m r•- C X N rn Ong; ~o_o~ r~ 3 v ,n 0 n ~ ~ o ~ oo~o r o~', ~ N cD s rn n 5 ~ o z ~ O C o: o? 0 0 o J O_ J J W w w U, co 0 m N -~ Area in Road Right of way is C ~ remainder part of Panasonic r- ~ Co ier of Central Ohio Inc 's ~ $ R/W/ p \° ~ ~ 6.041 acre tract described in ~O'M) purposes / O ~ Instrum(0.689 a10e0j0041001~ <vPRtp,BLeR` ~~ to9e \3i ~243~//~ D ~6 Eos .~a_ p 3~_.,~n6 E o ~ ~S.R• at oh~a'~me ~ Reference ~ ROB' StoteOeed vO/~ r Beginning ~A~N C~~ 4' S7, ~ 5,1 / i -P N1 2'1 S • / f ~UBL1N g Cho~59 2/ „~ ~$ . 3g' 36 4~ o N~ O d 129% ~ •- wChar ~g8 / 5a3. - R~ X59 ~ „ ~1 Z 43 ~1 IZ 0 cNn'.~ J ~ I~ f~ /R,3a 9 44 T%Z7g 1 17„ ~ Dom. °i / i ~ / / / 5.352 Acres/ / / Part of Panasonic Copier of Central Ohio, Inc. s // 6.041 acre tract described in /// Instrument 200103010041007 ,Parcel No. 272-000563 , I TALG Limited LLC Instrument 200a30g020094559 I ~ I< rn lo' ~ ~AA T ~ ~ I LEGEND: I ;/ ~ / / ~ Proposed Area of Annexation RE~'~IVED OCT 1 Q 2007 Franklin County Engineer Dean ~. ~:`ngle. P.E.,P.S. Drawing Prepared By: Paul R. lapsaddle, R.S. 40 SCALE IN FEET 100 50 0 50 100 Paul R. Clapsaddle and Associates REGISTERED ENGINEERS AND SURVEYORS 19019 WEST DARBY ROAD, MARYSVILLE OHIO 43040 (937) 747-2599 Paul R. Clapsaddle, P.E., P.S. ~r~/~~ / Sg4 53'00"W 708.58' JDC Developments LTD Instrument 1Lo 8060150147850 Fishel Industrial Park No. 1 Amended Subdiviosi en78 lot Plat Book 66, p 9 ~ ~a~>,aiOF~~~~' e .,. ~ ~~~®~~e~" wPAUL '•~ ~~~ ,, v: r~ -_~~`.g~LP ~ ~~ ~, .. ; ° @~: o r.3F~t, ~ Proj: ponasonic907 Dwg: PanasonicAnnex907.dwg Scale: 1" = 100 Date: s/2s/o7 Bearings indicated hereon are based upon the north line of Fishel Industrial Park No. 1 being North 84'53'00"East as shown on the Amended Subdivision Plat thereof and recorded in Plat Book 66, page 78 ANNEX. N0. ORD. N0. PROPOSED ANNEXATION OF 5.352 ACRES TO THE CITY OF DUBLIN FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY, OHIO DATE: SCALE: 1 "=100' - - Existing City of Dublin Corporation Line I - - - - - Proposed City of Dublin Corporation Line PROPOSED ANNEXATION From: Washington Township To: City of Dublin STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, V.M.S. 6748 l~-/ 0 Iw ?iN 1'* I rt -, C 3 ~ ~ 0 fi ~ 3 m o tO ~ v o ~ ° o~~ N N ~ N O 0 N W 00 cD Philip S. & Marcia M. Holbrook Instrument 200304110105466 Lot 11 ANNEXA'ri(3N PLAT Bt DECRIPTiON ACCEPTABLE I#EAN C. RINCLE; P.E., F.S. FItANYiJN COUNTY ENGINEER By ~~~Datc i b(~ ~'? SZD SCHOTTENSTEIN ZOX 6r DUNNca ire NELL CHAMBERS 614/462-1090 FAX - 614/228-4881 E-MAIL NCHAMBERS(~SZD COM October 22, 2007 VIA CERTIFIED U.S. MAIL Joyce Robinson, Township Clerk Washington Township 6200 Eiterman Road Du~ulin, Ohio 43016 Anne C. Clark, Clerk Dublin City Council 5200 Emerald Parkway Dublin, Ohio 43017 Re: Annexation Petition for Property Located at 7679 Post Road Dear Clerks: Enclosed is an Annexation Petition for property located at 7679 Post Road, Parcel Identification Number 272-000563-00, owned by Costner Consulting Company fka Digital Imaging Solutions Company and Panasonic Copier of Central Ohio, Inc. Should you have any questions, please do not hesitate to contact me directly. Sincerely, a,~~,~-~ Nell tubers, Paralegal Encl. cc: Tricia C. Bell, Esq. {H0976564 1 } 250 West Street, Columbus, Ohio 43215 ~ Voice: 614.462.2700 ~ Fax: 614.462.5135 ~ www.szd.com Franklin County Where Government Works Commissioners Mary Jo Kilroy, President Paula Brooks Marilyn Brown Economic Development & Planning Department James Schrmmer, Director Application for Annexation Petition txpertrted T)rl.rt Property Information Site Address 7679 Post Road Parcel ID(s) Total Acreage 272-000563-00 5.352 . From Township To Muniapality Washin lson Property Owner Inforrriation=:r°. - ...:, . ., ... ., R .. Name Costner Consultin Com an Address Company and Panasonic Copier of Central Ohio, Inc. $407_ Tartan Fields _Drive/_____ _ _ __ _ . _ _ _ __ _ __ _ Dublin OH Phone # Fax # (614) 628-8400. _____ _.__ _ ____ _ .__ __ ____ ____ _1614)_ 224-3260 __ __ __ 61 Email bcostner comdocinc Attorney/Agent information Name to hen Address Manos, Martin, P.ergram & Dietz Co.. LPA 50 North SanduskX St>=eat. _.._.~___ ._____ _. . __.... _ Delaware H Phone # Fax # (740) 363-1313 _ .___ .__ ..__. _. ________ (740) 362-3288 Email 2 Document The following documents must accompany this applicatwn on letter-sized 8'/," x 11" paper ^ Legal description of property ^ Map/plat of property ^ List of adjacent properties WHOEVER SIGNS THIS PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCUEDURE. Property weer ~ Date William Costner, President F Property Owner Date. Property Owner Date Property Owner Date 280 East Broad Street, Columbus, Ohio 43215-6314 Te1:614-462-3094 Fax: 614-462-7155 www.Franklin[ountyOhio.gov 0276 PROPOSED ANNEXATION OF 5.352 ACRES TO THE CITY OF DUBLIN FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY, OHIO October 8, 2007 The following described 5.352 acre tract of land is situated in the State of Ohio, County of Franklin, Township of Washington, V.M.S. 6748, being part of Panasonic Copier of Central Ohio, Inc.'s original 6.041 acre tract described in Instrument 200103010041007, and said 5.532 acre tract more particularly described as follows: Beginning for reference at a PK nail found at the intersection of the centerline of Dublin- Plain City Road (State Route #161) (variable right of way width) with the south terminus point of the centerline of Fulk Road, said PK nail being in the east line of V.M.S. 6954 and in the west line of V.M.S. 6748, said nail marking the northwest corner of said 6.041 acre tract and the northeast corner of The City of Dublin, Ohio's 157.339 acre tract described in Instrument 199801050001735; Thence South 04°45'35" East 56.83 feet, departing from the centerline of Dublin-Plain City Road, following the east line of V.M.S. 6954 and said 157.339 acre tract and the west line of V.M.S. 6748 and said 6.041 acre tract, to an iron pin found with cap marked "CLAPSADDLE RS #6140" in the south right of way line of Dublin-Plain City Road and at an angle point in the existing corporation limits of the City of Dublin (reference City of Dublin Ordinance 04-98 and Franklin County Recorder Instrument 199803030047299), said iron pin marking the place of beginning; Thence following the south right of way line of said Road along a curve to the left 129.70 feet, said curve having a radius of 583.98 feet, a tangent of 65.12 feet, and a delta of 12°43'31", the chord of which bears North 70°39'36" East 129.43 feet, to a 5/8 inch iron pin found with cap marked "CLAPSADDLE RS #6140"; Thence following the south right of way line of said Road along a curve to the left 278.77 feet, said curve having a radius of 3859.72 feet, a tangent of 139.44 feet, and a delta of 4°08' 17", the chord of which bears North 74°57'15" East 278.71 feet, to an iron pin set; Thence North 72°53'06" East 313.11 feet, continuing with the south right of way line of said Road, to a 1 inch iron pin found at the northwest corner of Charley Paige's 1.6949 acre tract described in Instrument 2007012200123 89; Thence South OS°13'02" East 402.38 feet, following the west line of said 1.6949 acre tract and the east line of said 6.041 acre tract, to a 1 inch iron pipe found in the north line of Lot 11 of Fishel Industrial Park No. 1, Amended Subdivision Plat as recorded in Plat Book 66, page 78; Thence South 84°53'00" West 708.58 feet, following the north line of Lot 11, Lot 10, and Lot 9 of said Fishel Industrial Park and the south line of said 6.041 acre tract, to a 5/8 inch iron pin found with cap marked "CLAPSADDLE RS 6140" at the northwest corner of said Fishel Industrial Park, in the east line of said 157.339 acre tract, in the existing east Corporation line of the City of Dublin, in the west line of V.M.S. 6748, and in the east line of V.M.S. 6954; Thence North 04°45'35" West 257.44 feet, following the west line of said 6.041 acre tract and V.M.S. 6748, the east line of said 157.339 acre tract and V.M.S. 6954, and the existing east Corporation line of the City of Dublin, to the place of beginning, containing 5.352 acres, more or less, and subject to all valid, prior easements and restrictions of record. It is the intent that the above described tract includes all of said 6.041 acre tract that is outside the right of way of Dublin -Plain City Road. Of said 6.041 acre tract, 0.689 acre is within the right of way of Dublin -Plain City Road. The above description was prepared from an actual field survey made under the supervision of Paul R. Clapsaddle, Registered Surveyor #6140 during the month of September 2007. Iron pins set are 5/8 inch by 30 inch reinforcing rods with caps marked "CLAPSADDLE RS #6140." Bearings indicated herein are based on the north line of Fishel Industrial Park No.l being North 84°53'00" East as shown on the Amended Subdivision Plat thereof and recorded in Plat Book 66, page 78. The above description is to be used for Annexation purposes ATTEST: l.~ ~ ~ "(/ Paul R. Cl saddle, R.S. #6140 19019 WeS~t Darby Road Marysville, Ohio 43040 ~~®p6®sss9faa~p~ (937) 747-2599 ~~~s°~Q"C~^O' 1~ O~°~®~~ ~i~ ~ °~~ vpriUL , ~~ ®~ R_ ~~~~'' j, ~ <s r "" ~id~~ - m y ~. fA ~ Yx:'~. ~ f l~ ~ ~ Cj~ OCT 1 0 2007 ~ (~ ~,o: Cb~ 'L e ~e ~`h ~ ~n9ir~t:~r . -,, . A~'+iNEXA'I'ION PLAT 3c DECBIP't'ION AGiCEPTABI.E i3BA~ C• RINGI,E, P.E., P.S. FRANKLIN COUNTY ENGINEER a7 - LEGAL DESCRIPTION (7679 Post Road, Dublin, Ohio - Parcel ID No. 272-000563-00) SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, V.M.S. 6748, BEING ALL OF TERRA NOVA IV PARTNERSHIP'S 1.7011 ACRE TRACT DESCRIBED IN OFFICIAL RECORDS VOLUME 28646, PAGE B02, AND PART OF TERRA NOVA IV, AN OHIO GEI~TERAL PARTNERSHIP'S 4.604 ACRE TRACT (8 ACRES - 1.6949 ACRES - 1.7011 ACRES) DESCRIBED IN OFFICIAL RECORDS VOLUME 28921, PAGE 116, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIJ'~NING AT A PK NAIL FOUND AT THE INTERSECTION OF THE CENTERLINE OF DUBLIN-PLAIN CITY ROAD (STATE ROUTE #161) (VARIABLE RIGHT OF WAY WIDTH) WITH THE SOUTH TERMINUS POINT OF THE CENTERLINE OF WELDON ROAD, SAID PK NAIL BEING IN THE EAST L1NE OF VMS b954 AND IN THE WEST LINE OF VMS 6748, SAID NAIL MARKING THE NORTHWEST CORNER OF SAID ORIGINAL 8 ACRE TRACT AND NORTHEAST CORNER OF THE CITY OF DUBLIN, OHIO'S 157.339 ACRE TRACT DESCRIBED IN INSTRUMENT NUMBER 199801050001735 AND MARKING THE PLACE OF BEGINNING; THENCE FOLLOWING THE NORTH LINE OF SAID 4.604 ACRE TRACT ALONG A CURVE TO THE LEFT ALONG THE CENTERLINE OF DUBLII~T-PLAIN CITY ROAD, HAVING A RADIUS OF 3819.72 FEET, A DELTA ANGLE OF OS° 56' 46", AN ARC LENG'T'H OF 396.14 FEET AND A CHORD WHICH BEARS NORTH 75° 51' 29" EAST 396.23 FEET, TO A POINT OF TANGENCY; THENCE NORTH 72° 53' 06" EAST 321.54 FEET, CONTINUING WITH THE CEN~I'F,RLINE OF DUBLIN-PLAIN CITY ROAD AND FOLLOWING THE NORTH LINE OF SAID 4.604 ACRE TRACT, PASSING AT 143.24 FEET THE NORTHWEST CORNER OF SAID 1.7011 ACRE TRACT, THEREAFTER FOLLOWING THE NORTH LINE OF SAID 1.7011 ACRE TRACT, TO THE NORTHWEST CORNER OF CHARLEY AND ROSALIE A. PAIGE'S 1.6949 ACRE TRACT DESCRIBED IN OFFICIAL RECORDS VOLUME 1994, PAGE G18; THENCE SOUTH OS° 13' 02" EAST 443.26 FEET, FOLLOWING THE WEST LINE OF SAID 1.6949 ACRE TRACT AND EAST LINE OF SAID 1.7011 ACRE TRACT, PASSING AT 40.88 FEET A 1" IRON PIPE FOUND, TO A 1" IRON PIPE FOUND IN THE NORTH LINE OF THE FISHEL INDUSTRIAL. PARK NO. 1, AMENDED SUBDIVISION PLAT AS RECORDED IN PLAT BOOK 66, PAGE 78; THENCE SOUTH 84° 53' 00" WEST 708.58 FEET, FOLLOWING THE NORTH LINE OF SAID FISHEL INDUSTRIAL PARK AND SOUTH LINE OF SAID 1.7011 ACRE TRAC'T', PASSING AT 174.47 FEET A 5/8" IRON PIN FOUND WITH CAP MARKED "CLAPSADDLE RS 6140" AT THE SOUTHWEST CORNER OF SAID 1.7011 ACRE TRACT, THEREAFTER FOLLOWING THE SOUTH LINE OF SAID 4.604 ACRE TRACT AND PASSING AT 384.11 FEET A 5/8" IRON PIN FOUND WITH CAP MAIZI~.ED {H~s~so.~ i "CLAPSADDLE RS 6140" AT THE NORTHWEST CORNER OF SAID FISHEL INDUSTRIAL PARK AND IN THE EAST LII~rE OF SAID 157.339 ACRE TRACT; THENCE NORTH 04° 4S' 3S" WEST 314.27 FEET, FOLLOWING THE WEST LII~TE OF SAID 4.604 ACRE TRACT AND THE EAST LINE OF SAID 157.339 ACRE TRACT, PASSING AT 257.44 FEET A S/8" IIZON PIN FOUND WITH CAP MARKED "CLAPSADDLE RS 6140" IN THE SOUTH RIGHT OF WAY LINE OF STATE ROUTE #I61, TO THE PLACE OF BEGINNING, CONTAINIrtG 6.041 ACRES, MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED FROM AN ACTUAL FIELD SURVEY MADE UNDER THE SUPERVISION OF PAUL R. CLAPSADDLE, REGISTERED SURVEYOR #6140 DURING THE MONTH OF JUNE 1999. IRON PINS SET ARE S/8" BY 30" REINFORCING RODS WITH CAPS MARKED "CLAPSADDLE RS #6140." BEARINGS INDICATED HEREIN ARE BASED UN THE NORTH LINE OF FISHEL INDUSTRIAL PARK NO. 1 BEING NORTH 84° 53' 40" EAST AS SHOWN ON THE AMENDED SUBDNISION PLAT THEREOF AND RECORDED IN PLAT BUUK 66, PAGE 7$. _~p~" ~ 0 ~'`~~~~ c~ ,,~~~~ DB.StrRII''TtON YF.jtIFIED C. tZINGLE. P.E..P_5. BY: ~ ~ 13 ~ ~) (110951750.1 ( LIST OF ADJACENT PROPERTY OWNERS Kenneth W. Fulk, Trustee 93 Grandview Drive Dublin, Ohio 43017 Weldon Holding Co. 316 Murray HiII Road Columbus, Ohio 43228 Robert E. Williams, II 7608 Dublin Plain City Road Plain City, Ohio 43064 Charley Paige 7515 State Route 161E Plain City, Ohio 43064 Philip S. & Marcia M. Holbrook 294 Leland Avenue Columbus, Ohio 43214 JDC Developments Ltd. 5303 West Vienna Road Clio, Michigan 48420 Talg Limited LLC 7672 Fishel Drive N Dublin, Ohio 43016 City of Dublin, Ohio 5200 Emerald Parkway Dublin, Ohio 43017-1066 (H0948664 1 J Sep 26 07 04:30p Paul R. Clapsaddle 9377472599 ai SURVEY FOR PANASONIC COPIER OF CENTRAL OHIO, STATE OF OHIO COUNTY OF FRANKLIN TOWNSHIP OF WASHINGTON V.M.S. 6748 < o < ~ O ~ in Z in ,-17 rn ~ J D ~ A ~ Reference Beglnning ~ _, Place of 0 ~ ~ N O z v O G Q N G1 O ~ O ~ u a -~ O N o ~ ~ w w ~ u, 0 N Lot 9 5.352 Acres Part of Panasonic Copier of Central Ohio, In c.'s 6.041 acre tract descrihed in Instrument 200103010041007 Lot 10 Fishel Industrial Park No. 1 Amended Su6divioien781at plot Book 66, p 9 INC. Lot 11 p.l m 2 3 ~ s ~~° a N b `< O 'D ~A O O w ~ N a N °o w a n LEGEN D: • PK Nail found • 5/8" Iron pin found with cap marked "Clapsaddle RS ~f6140" unless otherwise noted • PK Nail found O 5/e" Iran pin set with cap marked "Clapsaddle RS ((6140" QQ 1" Iron pipe found Reference deeds shown hereon. Bearings indicated hereon are based upon the north line of Fishel Industrial Park No. 1 being North 84'53'00"East as shown on the Amended Subdivision Plat thereof and recorded in Plat Book 66, page 78 SCALE IN FEET 100 50 0 50 100 Paul R. Clapsaddle and Associates RECISTFRED ENGINEERS AND SURVEYORS 18018 NEST DAR6Y ROAD, MARYSNLLE OHIO 43040 (513) 747-2599 Paul R. Clapsaddle, P.E., P.S. I hereby certify that this plat was prepared from an actual field survey made under my supervision and that monuments were placed as indicated heron. n I R. Prek vaw.onk9o7 Dwq: panaeonk807.Ewq Scala 1' ~ 10a' Date: 8/26/07 e, R.S. #614b ~~®paae vesryo~` e~ooP-~E OF ~~°o,. e ~, .°° ~~. "PAUL. ~ / > J R. a * ? ClAPS.ADDIE : ~, 6140 ~ a ~% ~'.9FU15'tE0.~o~• n_' .... _0. ?e. Sep 26 07 04:30p Paul R. Clapsaddle 9377472599 SURVEY FOR PANASONIC COPIER OF CENTRAL OHIO, INC 5.352 ACRES September 26, 2007 p.2 The following described 5.352 acre tract of land is situated in the State of Ohio, County of Franklin, Township of Washington, V.M.S. 6748, being part of Panasonic Copier of Central Ohio, Inc.'s original 6.041 acre tract described in Instrument 200103010041007, and said 5.532 acre tract more particularly described as follows: Beginning for reference at a PK nail found at the intersection of the centerline of Dublin- Plain City Road (State Route #161) (variable right of way width) with the south terminus point of the centerline of Weldon Road, said PK nail being in the east line of V.M.S. 6954 and in the west line of V.M.S. 6748, said nail marking the northwest comer of said 6.041 acre tract and the northeast corner of The City of Dublin, Ohio's 157.339 acre tract described in Instmment 199801050001735; Thence South 04°45'35" East 56.83 feet, departing from the centerline of Dublin-Plain City Road, following the east line of V.M.S. 6954 and said 157.339 acre tract and the west line of V.M.S. 6748 and said 6.041 acre tract, to an iron pin found with cap marked "CLAPSADDLE RS #6140" in the south right of way line of Dublin-Plain City Road, said iron pin marking the place of beginning; Thence following the south right of way line of said Road along a curve to the left 129.70 feet, said curve having a radius of 583.98 feet, a tangent of 65.12 feet, and a delta of 12°43'31", the chord of which bears North 70°39'36" East 129.43 feet, to a 5/8 inch iron pin found with cap marked "CLAPSADDLE RS #6140"; Thence following the south right of way line of said Road along a curve to the left 278.77 feet, said curve having a radius of 3859.72 feet, a tangent of 139.44 feet, and a delta of 4°08' 17", the chord of which bears North 74°57'15" East 278.71 feet, to an iron pin set; Thence North 72°53'06" East 313.11 feet, continuing with the south right of way line of said Road, to a 1 inch iron pin found at the northwest corner of Charley Paige's 1.6949 acre tract described in Instrument 200701220012389; Thence South OS°13'02" East 402.38 feet, following the west line of said 1.6949 acre tract and the east line of said 6.041 acre tract, to a 1 inch iron pipe found in the north line of Lot 11 of Fishel Industrial Park No. 1, Amended Subdivision Plat as recorded in Plat Book 66, page 78; Thence South 84°53'00" West 708.58 feet, following the north line of Lot 11, Lot 10, and Lot 9 of said Fishel Industrial Park and south line of said 6.041 acre tract, to a 5/8 inch iron pin found with cap marked "CLAPSADDLE RS 6140" at the northwest corner of said Fishel Industrial Park and in the east line of said 157.339 acre tract, said iron pin being in the west line of V.M.S. 6748 and in the east line of V.M.S. 6954; Thence North 04°45'35" West 257.44 feet, following the west line of said 6.041 acre tract and V.M.S. 6748, and the east line of said 157.339 acre tract and V.M.S. 6954, to the place of beginning, containing 5.352 acres, more or less, and subject to all valid, prior easements and restrictions of record. The above description was prepared from an actual field survey made under the supervision of Paul R. Clapsaddle, Registered Surveyor #6140 during the month of September 2007. Iron pins set aze 5/8 inch by 30 inch reinforcing rods with caps marked "CLAPSADDLE RS #6140." Bearings indicated herein are based on the north line of Fishel Industrial Park No.l being North 84°53'00" East as shown on the Amended Subdivision Plat thereof and recorded in Plat Book 66, page 78.~ / ATTEST: '~~l~~1.~ cyeueahct~eria,. Paul R. Clap addle, R.S. #6140 / ~ .,~°'~ 'C~ 11'" O ''o,, 19019 West Darby Road ~~°D~:~'p'~ pgOt~~`-~'O~ Marysville, Ohio 43040 ~ R. (937) 747-2599 z' * ~ CLAPS,ADDIE ~; ;0 6140 m ~' ~,. ~°;QFG1g'fEP~' +. ..n. °•.. A. ~~ Costner Annexation JEROME TOWNSHIP DUBLIN DUBLIN Costner Annexation 0 750 1,500 Feet PRE-ANNEXATION AGREEMENT This Pre-Annexation Agreement ("Agreement") is entered into on ~ `"~ ~ 1 2007, by and between Costner Consulting Company, formerly known as Digital Imaging Solutions Company and Panasonic Copier of Central Ohio, Inc. ("Costner Co."), an Ohio corporation, and the City of Dublin ("Dublin"), an Ohio municipal corporation, whose principal mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017 (referred to collectively as "Parties"). RECITALS V/~-IEREAS, Costner Co. is the owner of certain real property located on 7679 Post Road in Washington Township (the "Property"), being more fully described in the Franklin County Auditor's information attached as "Exhibit A" and incorporated herein; and WHEREAS, the Property is Located adjacent to and beyond the present corporate boundaries of Dublin; and WHEREAS, Costner Co. desires to annex the Property to Dublin in order to obtain municipal services to support the Property; and WHEREAS, Dublin desires to annex the Property in order to obtain and serve the economic potential of the Property and surrounding roadway for its citizens and residents. WHEREAS, Costner Co. desires to develop the Property as Mixed Use Employment Emphasis as provided for by the Community Plan's Future Land Use Map with the intent to use the Property as office space . NOW THEREFORE, in consideration of the mutual promises and covenants contained {,, herein, and intending to be legally bound, the Parties hereby agree as follows: .- l~ ~ {~.~ tel. Annexation: Dublin will provide assistance to Costner Co. in annexing the Property to ~ ~~e City. This assistance will include, but not be limited to, the assistance of Dublin's ~ ~, ~ ~,aw Department in any annexation proceedings. -~ ~ o ~ GI ~. Dublin will prepaze and her~sby agrees to file a petition to annex the Property to ' ..~ • o ,~ C the City pursuant to the provisions of Ohio Revised Code Section 709.02 et seq. ~~ _ ~ by either the regular or expedited annexation method to be decided at the sole = _ discretion of Dublin. V O ~ ~ O ' p - = u~ Y. The petition will be filed with the Franklin County Commissioners. -~ . d ' a - ~ c. Dublin shall file the petition for annexation within fourteen (I4) days of execution o •c of this Agreement by the t'arties, with the Parties' understanding that (i) it will not be binding upon Dublin until such time as the City Council of Dublin has passed J legislation approving and authorizing this Agreement after two (2) readings of the ~ ~. a .:~ ~ S S L ~~ -, '~ c '~oso~ro.a ? ,1 d _~ ~.. ~ a n . ..~ -~ -o requisite legislation and a 30 day waiting period after an affirmative vote at the second meeting, and (ii) if such legislation is not passed within 180 days after the date Costner Co. executes this Agreement; this Agreement shall automatically be null and void as to all Parties and of no further force or effect. d. Dublin shall enact the statutorily required municipal service resolution and shall provide, if necessary, witnesses for the hearing before the County Commissioners. e. Dublin shall accept the annexation of the Property in the event the County Commissioners approve such petition. Dublin will waive the annexation fee required when annexing land to the City and plans to include the Property in the territory proposed for the Central Ohio Innovation Center. 2. Land Use: Dublin and Costner Co. believe that the annexation of the Property to Dublin would more closely fit within the development parameters set by Ordinance OS-OS for this area identif ed in "F_.xhibit B". Costner Co. agrees to participate in any future rezoning action prepared for the Central Ohio Innovation Center. Office uses will be permitted uses in such rezoning. 3. Setbacks and Lot Coverage_ Dublin will support lesser setbacks on the Property if the lesser setback is utilized for building placement and not for a surface or structured parking and provided proper application to the Planning and Zoning Commission is made. In addition, Dublin will also support seventy percent (70%) lot coverage calculated on a net of Right-of--Way dedication basis for structures, parking and service areas, pedestrian areas, and other hard- surfaced or paved areas provided proper application to the Planning and Zoning Commission is made and the Property is developed consistent with the development parameters described in Section 2. 4. Ri t-of-Way Dedication: In conjunction with the annexation of the property, Costner Co. will dedicate approximately thirty-two (32) feet of frontage from the Costner property to the City for right-of--way purposes. 5. Utilities: Dublin will extend main water and sewer lines to the Property and Costner Co. will pay its proportionate share of all costs to extend the main lines. The proportionate share of the costs will be determined based on the acreage of the Costner Property as compared to the total acreage that will be served by the main line extenstion. The proportionate share of the costs shall not exceed Thirty Thousand Dollars and No Cents ($30,000.00) and payment made to Dublin at the time Costner Co. pulls their first taps. Costner Co. will be responsible in constructing the service lines from the main lines to any facilities constructed on the property. Currently, Dublin plans to complete such main utility extension in 2008. 6. Stormwater Easement: The City will provide a 20-foot easement in, over, under, across and through its real property along the shared property line, as set forth on the attached "Exhibit C " for the purposes of providing access to the stormwater outlet for the Property. Any (H0407J70.J } installation of stormwater conveyance (swale, ditch or pipe) in this easement will require approval of the City. 7. Access: As State Route 161 is a state facility, the Ohio Department of Transportation ("ODOT") is responsible for access and management of the roadway. Dublin will provide access to the Property according to ODOT mandates. ODOT has indicated that a single access onto State Route 161 may be permitted due to the existing roadway network in the area. If ODOT determines that the appropriate access point is at the shared property line, the City will provide a maximum of thirty (34} foot by fifty (50) foot cross access easement. The approximate location of this easement is shown on the attached "Exhibit C". If a different roadway network exists in the future and is installed prior to development of this parcel, ODOT reserves the right to re-evaluate the access point. 8. Assignment: Costner Co. may assign the benefits of this Agreement, and delegate its obligations hereunder to any person, partnership, corporation or other entity which is a successor or owner of the Property or any part thereof. 9. Council Action: The foregoing obligations and commitments by Dublin contained herein are contingent and shall be effective and enforceable only upon the approval of atl necessary legislation and/or motions by Council and the expiration of alI referendum periods applicable thereto. 10. Amendments: This Agreement may be amended, modified, or changed only by a written agreement properly executed by Parties. Il. Miscellaneous Terms: Nothing contained herein shall restrict either Costner Co. or Dublin from applying additional incentives to the Property to the extent that is economically feasible to do so. 12. Applicable Law: This Agreement shall be governed by, construed, and interpreted in accordance with the ordinances and laws of Dublin, the State of Ohio and the United States, in that order. 13. V~'aiver. No delay or failure on the part of any party hereto in exercising any right, power, or privilege under this Agreement or under any other instruments given in connection with or pursuant to this Agreement shall impair any such right, power, or privilege or be construed as a waiver of any default or any acquiescence therein. No single or partial exercise of any such right, power, or privilege shall preclude the further exercise of such right, power, or privilege, or the exercise of any other right, power or privilege. 14. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable to any extent, such provision shall be enforced to the greatest extent permitted by law and the remainder of this Agreement and the application of such provision to othez persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 15. Entire Agreement. This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, discussions, undertakings and agreements between the parties. This Agreement may be amended or modified only by a writing executed by the duty authorized officers of the parties hereto. IN WITNESS WHEREOF, the undersigned have set their hand to duplicates hereof, on the day and year first above written. COSTNER CONSULTING COMPANY An Ohio Corporation By: Bill Costner Its: President CITY OF DUBLIN An Ohio Municipal Corporation Jane S. Brautigam Its: City Manager (H090T370.3 ) STATE OF c.~~ /, COUNTY OF ~ /tc~A''''P : SS Before me a Notary Public personally came Costnez Consulting Company, an Ohio corporation, by Bill Costner, its President, who acknowledged the foregoing Agreement as his voluntary act and deed on behalf of the corporation. Witneoss whereof I have hereunto subscribed my name and affixed my seal on this ~fG day of ~~~ , 2007. Notary Public NMtry Ptilic, SbM d flAir ~!' ~~ Fkat iMo 6cpratlcc Cap.: STATE OF OHIO 1~•~a•s COUNTY OF ~,~~~~'~ SS Before me a Notary Public personally carne the City of Dublin, an Ohio municipal corporation, by Jane S. Brautigam, its City Manager, who acknowledged the foregoing Agreement as her voluntary act and deed on behalf of the City. In Witness whereof I have hereunto subscribed my name and affixed my seal on this day of. ~,r~P_ , 2007. LINDA L. GLICK Notary Pub11c -State of Ohlo My Commission Expires May 19, 2009 ~HO~omo 3 }