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27-09 Ordinance
RECORD OF ORDINANCES Ordina~zce No. 27-09 Passed , ~0 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PRE-ANNEXATION AGREEMENT DESCRIBING THE INTENTIONS OF THE PARTIES TO ANNEX CERTAIN REAL PROPERTY LOCATED IN JEROME TOWNSHIP, OWNED BY CELTIC CAPITAL, LLC WHEREAS, Celtic Capital LLC ("the Petitioner") is the owner of certain real property located on the west side ofHyland-Croy Road north ofMitchell-Dewitt Road in Jerome Township (the "Property"), being more fully described in the Agreement attached hereto; and WHEREAS, the Property is located adjacent to and beyond the present corporate boundaries of the City of Dublin ("the City"); and WHEREAS, the Property described in the petition for annexation includes significant portions ofHyland-Croy Road right-of--way that would be dedicated to the City; and WHEREAS, the City desires to accept the annexation of the Property and will benefit from the associated Hyland-Croy Road right-of--way that is currently part of the annexation petition. NOW, THEREFORE, BE IT ORDAINED by the Cou it of the City of Dublin, Franklin, Delaware and Union Counties, State of Ohio, ~ of its elected members concurring, that: Section 1. The City Manager is hereby authorized to execute the Pre-Annexation Agreement attached hereto on behalf of the City stating the intention of the parties to accept the annexation of portions of the Hyland-Croy right-of--way and certain lands owned by the Petitioner, as identified in the annexation petition. Section 2. This Ordinance shall take effect and be in force from and after the earliest date permitted bylaw. Passed this day of , 2009. Mayor -Presiding Officer ATTEST: Clerk SZD~ MEYInR9NDUM TO: Dublin City Council Terry D. Foegler, City Manager FROIv1: Stephen J. Smith, Law Director Jennifer D. Readier, Assistant Law Director DATE: June 11, 2009 RE: Ordinance 27-09 - Authorizing a Preannexation Agreement Between Dublin and Petitioner: Celtic Capital LLC INTRODUCTION This Ordinance was discussed at the June 1, 2009 Council meeting. It is being presented to Council on June 15 for a second reading in conjunction with Ordinance 08-09 (Ordinance 08-09 provides for the acceptance of an annexation of 39.8 acres of land on the west side of Hyland- Croy Road north of Mitchell-DeWitt Road in Jerome Township). This annexation is somewhat unusual in that it includes a substantial amount of Hyland-Croy Road right-of-way. This necessitated the signatures of a large number of property owners along Hyland-Croy Road because their ownership extends to the centerline of the road. Ordinance 08-09 is scheduled for a second reading at the June 15 Council meeting as well. The current ordinance under consideration, Ordinance 27-09, provides for the authorization of a preannexation agreement between Dublin and Celtic Capital, the annexation petitioner. As Staff presented at the last meeting, Celtic Capital and Staff worked diligently to provide a preannexation agreement that was acceptable to both parties. Attached is a clean copy of the preannexation agreement, a redlined agreement and corresponding attachments. There have been no revisions to the agreement since the first reading. The Law Department recommends that City Council adopt Ordinance 27-09 authorizing the preannexation agreement with Celtic Capital. SZD~ _lfElfUR-1ND U~Lf TO: Dublin City Council Terry D. Foegler, City Manager FROM: Stephen J. Smith, Law Director Jennifer D. Readler, Assistant Law Director DATE: May 28, 2009 RE: Ordinance 27-09 - Authorizing a Preannexation Agreement between Dublin and Petitioner: Celtic Capital LLC INTRODUCTION This Ordinance is being presented to Council in conjunction with Ordinance 08-09 (Ordinance 08- 09 provides for the acceptance of an annexation of 39.8 acres of land on the west side of Hyland- Croy Road north of Mitchell-DeWitt Road in Jerome Township). This annexation is somewhat unusual in that it includes a substantial amount of Hyland-Croy Road right-of-way. This necessitated the signatures of a large number of property owners along Hyland-Croy Road because their ownership extends to the centerline of the road. Ordinance 08-09 is scheduled for second readigg on June 15, 2009. The current ordinance under consideration, Ordinance 27-09, provides for the authorization of a preannexation agreement between Dublin and Celtic Capital, the annexation petitioner. The primary source of negotiations in the preannexation agreement was the issue of reparations. As you know, it was City Council's desired past policy to leave any annexed territory west of Hyland-Croy Road within township boundaries. As a result, the annexed territory would continue to receive fire and EMS services from the township from which it was annexed (in this case Jerome). During Dublin's consideration of the statement of services for the Celtic Capital property, Jerome Township informed Dublin that their fire levy language is phrased in such a way that the levy does not apply to property that is annexed to another municipality, even if the subject territory is not removed via a Township boundary adjustment. Accordigg to Township Legal Counsel, the fire district for this particular fire and EMS levy does not allow 8ncorporated areas within Jerome Township to be served by the fire district. As a result, Dublin was forced to consider a Township boundary adjustment to ensure fire protection from Washington Township. Washington Township fire representatives spoke at the Union County Commissioners meeting when the annexation was considered and testified that they could service the Celtic Capital property. Once a Township boundary adjustment is granted, a commitment is required by the Ohio Revised Code for the City annexing the territory to pay "reparations" to the township from which the territory is being removed. "Reparations" represent that portion of the real estate taxes to which the township would have been entitled had the land not been annexed. The obligation to pay reparations to the township is incurred if Dublin changes the township boundary after the Memo re. Ord. 27-09 -Celtic Capital Preannexation Agreement. May 28, 2009 Page Two annexation is complete. Again, the adjustment would be needed in this case to ensure that the area is provided with fire and EMS services. In the present situation, in order to simplify the reparations process, the Petitioner, Celtic Capital, attempted to negotiate aone-time payment to Jerome Township in lieu of adhering to the entire twelve year reparations schedule. These negotiations were concluded several months ago and proved unsuccessful. As a result, the City is left with no option other than to create a preannexation agreement between Dublin and Celtic Capital to address the mechanisms and responsibilities for payment of the required reparations. Our goal in negotiating the preannexation agreement was to ensure that the Petitioner/developer (not the City) assumes fiill responsibility for any reparations that are due to the Township over the twelve year reparations period, and that any mechanism for collection does not place an undue burden on the City to collect these payments from future home owners on the property. This has been Dublin's policy in previous annexations for which boundary adjustments were made. We believe the proposed agreement achieves this goal in that Celtic Capital is required to deposit with Dublin an amount that we anticipate will cover the majority of the reparations charges if the land is left vacant. If and when the land is developed, which would result in a higher land value and correspondingly higher property taxes to which the Township would be entitled, the developer/builder would pay Dublin a fee at the time of building permit application that would cover the increased reparations payments for the remaining period of the twelve year reparations schedule (as estimated by the City's Finance Department). Attached to this memorandum is a set of different scenarios of possible reparations payments developed by Celtic Capital's consultant. As you will see, if the property were to develop relatively quickly, the consultant projects that Dublin's potential liability for reparations payments could reach upwards of $100,000.00 (although both the City and Celtic Capital view this as highly unlikely). The slower the property is to develop, the lower the amount of required reparations will be. There has been some discussion as to whether only the inside millage collected by Jerome Township is the basis for the reparations or whether the fire and EMS levy would also be taken into consideration for purposes of the reparations calculations. Under Ohio Revised Code 709.19, Dublin is required to compensate the township for the loss of its land and its tax value for a period of twelve years. While we don't believe the fire and EMS levy should be included as part of the lost tax value to the Township, it is our understanding that Jerome Township may argue that it should remain as a basis for calculations, even though Jerome Township fire and EMS continues to refuse to serve that property (since had the property remained in the unincorporated Township, it would have paid the fire and EMS taxes as well). So, when estimating the reparations payments that Dublin must make to Jerome Township we have included the levy as part of that estimate. In the agreement, we have given Celtic Capital the ability to challenge any Union County land valuation or levy imposition and have agreed to calculate the reparations with any reductions that might result from such a challenge. CONCLUSION AND RECOMMENDATION: The Law Department recommends that City Council adopt Ordinance 27-09 authorizing the preannexation agreement with Celtic Capital. ~ scenano 1-n. worst case scenano - we continue to farm the property and Jerome Township only receives the General Fund (0.40000 mills) portion of the lazes as pan or the reparations Lots Total 35 % of Effective Township Reparations Annual Township Year ols Built Homes Built Remainino Land Value Home Value Market Value Markel Value Rate Mills Taxes Value Taxes Collected 1 2009 0 tarts ground 0 $15,690.00 $0.00 $15,690.00 $5,491.50 0.400000 $1.98 80% $1.58 2 2010 0 fans ground 0 $15,690.00 $0.00 $15,690.00 $5,491.50 0.400000 $1.98 80% $158 3 2011 0 farm ground 0 $15,690.00 $000 $15,690.00 $5,491.50 0.400000 $1.98 80% $1.58 4 2012 0 farm ground 0 $15,690.00 $0.00 $15,690.00 $5,49150 0400000 $198 52.50% $1.04 5 2013 0 farm ground 0 515,69000 $0.00 $15,690.00 $5,491.50 0.400000 $1.98 52.50% $1.04 6 2014 0 farm ground 0 $15,690 00 $0.00 $15,690 00 $5,491.50 0 400000 $1.98 40% $0.79 7 2015 0 farm ground 0 $15,690.00 $000 $15,690.00 $5,491.50 0.400000 $1.98 40% $0.79 8 2016 0 tarts ground 0 $15,690.00 $000 $15,690.00 $5,491.50 0.400000 $198 40% $0.79 9 2017 0 tarts ground 0 $15,690.00 $0.00 $15,690.00 $5,491.50 0.400000 $198 40% $0.79 10 2018 0 farm ground 0 $15 690.00 $0.00 $15,690 DO $5,491.50 0 400000 $1 98 40 % 80.79 11 2019 0 farm ground 0 $15,690.00 50.00 $15,690.00 $5,491.50 0.400000 $1.98 27.50% 50.54 12 2020 0 farts grountl 0 $15,690.00 50.00 $15,690.00 $5,491.50 0.400000 $1.96 27 50 % 0.54 Total Reparatlons Recelved: 511.86 Net Present Value (based on 5%): $9.28 2. Sc enarq 1-B We conhnue to farm the propen and Jerome Townshi receives their entire share of the taxes or 6.204068 mills as part of the reparations. Lots Total 35 % of Effective Township Reparations Annual Township Year Lots Built Homes Built Remaining Land Value Home Value Market Value Market Value Rate Mills Taxes Value Taxes Collected 1 2009 0 farm ground 0 $15,690.00 $0.00 $15,690.00 $5,491.50 6.204068 530.66 80% $24.53 2 2010 0 fans ground 0 $15,690.00 $000 $15,69000 $5,491.50 6.204068 $3066 80% $24.53 3 2011 0 farm ground 0 $15,690.00 $0.00 $15.690.00 $5,491.50 8.204068 $30.66 80% $24.53 4 2012 0 farm ground 0 $15,690.00 $000 815.690.00 $5,491.50 6.204068 $3066 5250% $16.10 5 2013 0 farm ground 0 $15,690.00 $0.00 $15,690.00 $5,491.50 6.204068 $3066 5250% $1610 6 2014 0 farm ground 0 $15,690.00 $0.00 $15,690.00 $5,491.50 6.204068 $3066 40% $12.27 7 2015 0 farm ground 0 $15,690.00 $0.00 $15.690.00 55,491.50 6.204068 83066 40% $1227 8 2016 0 fans ground 0 $15,690.00 $0.00 $15,690.00 55,491.50 6.204068 53066 40% 512.27 9 2017 0 lane ground 0 $15,fi90.00 $0.00 $15,690.00 $5,491.50 6.204068 $3066 40% $12.27 10 2018 0 farm ground 0 515,690.00 $0.00 $15,690.00 $5,491.50 6.204068 530.66 40 % 512.27 11 2019 0 farm ground 0 $15,690.00 $0.00 $15,690.00 $5,491 50 6.204068 $3066 27.50% $8.43 12 2020 0 farm ground 0 $15,690.00 $0.00 $15.690.00 $5,491.50 6 204068 530.66 27.50% 8.43 Total Reparations Received: $183.98 Net P resent Value (b ased on 5%): $143.89 J scenano [-A. best case owls-out scenano using only Ise G eneral Fund (0 40000 mills) portion of fhe taxes as part of the reparations. Lots Total 35% o! Effective Township Reparations Annual Township Year Total Lots Total Homes Remainmo Land Value Home Value Markel Value Market Value Rate Mills Taxes Value Taxes Collected 1 2009 0 farm ground 0 $15,690 00 $0 00 515,690.00 $5,491.50 0.400000 $1.98 80°ro 51.58 2 2010 0 }arm ground 0 $15,690.00 $0.00 $15,690.00 $5,491.50 0,400000 $1.98 80°ro 51 58 3 2011 0 farm ground 0 $15,690.00 $0.00 $15,690.00 $5,491.50 0400000 $1.98 80% 51.58 4 2012 20 0 20 $1,500,000.00 $0.00 $1,500,000.00 $525,000.00 0.400000 3189.00 52.50% $99.23 5 2013 40 12 28 $2, t00,000A0 $6,000,000.00 $8,100,000.00 $2,835,000.00 0400000 $1,020.60 5250°/ $53582 6 2014 28 24 16 $1200,000.00 512,000,000.00 $13,200,000.00 $4,620,000.00 0400000 $1,663.20 40% $655.28 7 2015 16 36 4 5300,00000 $18,000,000.00 $18,300,000.00 $6,405,000.00 0400000 $2,305.80 40% $922.32 8 2016 0 40 0 $0.00 520,000,000.00 $20,000,000.00 $7,000,000.00 0.400000 52,52000 40% 51,008.00 9 2017 0 40 0 $000 $20,000,000.00 $20,000,00000 $7,000,000.00 0.400000 $2,520.00 40% $1,008.00 10 2018 0 40 0 $0.00 $20,000,000.00 $20,000,000.00 $7,000,000.00 0.400000 $2,520.00 40% $1,008.00 11 2019 0 40 0 50.00 $20,000,000.00 $20,000,000.00 $7,000,00000 0.400000 52,520.00 27.50% $693.00 12 2020 0 40 0 50.00 $20,000,000.00 $20,000,000.00 57,000,000.00 0 400000 52,520.00 27 50 % 6$ 93.00 Total Reparatlons Received: 56,637.38 Net Present Value (based on 5 % ): (4,013.71 4. scenano 2-B. Best case build-out scenario using the total 6. 204068 mills as pan of the reparations. Lots Total 35 % of Effective Township Reparations Annual Township Year Total Lots Total Homes Remaining Land Value Home Value Market Value Markel Value Rate Mills Taxes Value Taxes Collected 1 2009 0 farm ground 0 $15,690 00 SO 00 $15,690.00 $5,491.50 6.204068 530.66 80 % $24.53 2 2010 0 farm ground 0 $15,690.00 $0 W 515,690.00 $5,491.50 6 204068 530.66 80 % $24.53 3 2011 0 /arm ground 0 $15,690.00 $0 00 $15,690.00 $5,491 50 6 204068 530.66 80% $24.53 4 2012 20 0 20 $1,500,000.00 $0.00 $1,500,000.00 $525,000.00 6204068 $2,931.42 52.50% $1,539.00 5 2013 40 12 28 $2,100,000.00 $6,000,000.00 $8,100,000.00 $2,835,00000 6204068 $15,82968 52.50% $8,310.58 6 2014 28 24 16 $1,200,000.00 $12,000,000.00 $13,200,000.00 $4,620,000.00 6.204068 $25,79651 40% $10,316.61 7 2015 16 36 4 $300,00000 $18,000,000.00 $16,300,00000 56,405,000.00 6204068 535,76335 40% $14,305.34 8 2016 0 40 0 $0.00 $20,000,000.00 $20,000,000.00 $7,000,000.00 6.204068 $39,085.63 40% $15,634.25 9 2017 0 40 0 $0.00 $20.000,000.00 $20,000,000.00 $7,000,000.00 6.204068 $39,085.63 40% $15,634.25 10 2018 0 40 0 $0.00 $20,000,000.00 $20,000,000.00 $7,000,000.00 6.204068 539,085.63 40% $15,634.25 11 2019 0 40 0 $000 $20,000,000.00 $20,000,000.00 $7,000,000.00 6.204068 $39.085.63 2750% $10,748.55 12 2020 0 a0 0 $0.00 $20,000,000.00 $20,000,000.00 $7,000,000.00 6.204068 $39,065.63 27 50 % $10,746.55 Total Reparatlons Recelved: $107,946.96 Net Present Value (based on 5%): f5$,968.87 ' Build-out scenario's assume 201ots are devebped in 2012 and in 2013 for a total of 40 single family lots and 1 horse per month is completed beginning in 2013 ' Finished lots are valued at $75,000 ' Finished homes are valued at $500,000 total (land and improvements) ' For simplification purposes analysis does not lake into account that !axes are collected in anears ' 2012 CAUV rollback is not includetl In any figures above However, given the scenario it equates to approximately $360.00 - $6,000 of additional value. Parcel Number 17-0024022.000 Parcel Number 17-0024021.000 Current Market Value $14,890 Current Market Value $800 Total Mills Total Taxes Total Mills Total Taxes Total Mills Collected 59.824577 $280.52 Total Mills Collected 59.824577 $15.08 Jerome Twp. General Fund 0.400000 $1.88 Jerome Twp. General Fund 0.400000 $0.10 Jerome Twp. Police 8 Fire 5.804068 27.22 Jerome Twp. Police & Fire 5.804068 1.46 Jerome Twp. Total 6.204068 $29.10 Jerome Twp. Total 6.204068 $1.56 `Mills are reflected as effective rates from Union County Treasurer's Tax Rates " Current values are based on Union County Auditor CAUV valuation Attached are 2 scenario's, each with 2 alternatives, for consideration Scenario 1 -Farm the property for the entire reparations period A. Worst case scenario - we continue to farm the property and Jerome Township only receives the General Fund (0.40000 mills) portion of the taxes as part of the reparations. B. We continue to farm the property and Jerome Township receives their entire share of the taxes or 6.204068 milts as part of the reparations. Scenario 2 -Developing the property in 3-4 years. A. Best case build-out scenario using only the General Fund (0.40000 mills) portion of the taxes as part of the reparations. B. Best case build-out scenario using the total 6.204068 mills as part of the reparations. Given the current market conditions, realistically we believe there is a 50/50 chance of either Scenario 1 or 2 occurring -the property remaining farm ground for 10-12 years vs developing the property in several years. As such both scenario's must be given full consideration. Furthermore, given that Jerome Townships own fire levy is the reason that we must change the boundaries in order to receive fire protection and thus be subject to reparations, and we believe it is the spirit of the annexation law that the township only receive reparations for taxes they would have othervvise received for services they would have had to actually provide, we believe it would be ultimately determined that Jerome Township is only entitled to the non-fire protection portion of the taxes (0.40000 mills) as reparations. As they would have not provided fire protection under their awn levy ruling under ~ scenario or annexation method, and as a result not collected this portion of the taxes once the property was annexed, [he portion of the taxes related to fire protection should not be included in the reparations calculation. As a result, although provided for analysis to show potential maximum valuations, we believe alternative B for both scenario's should be disregarded entirely. At best case the payment's) will be held up for some time until a ruling is made. .UNION. COUNTY-20Q$ TAX. RATES: AMENDED MARCH 2009 Pursuant tc Law, I, Tamara F. Lcwe, Treasurer of ~:_ ^ County, do nete9 p~bli.sh Not>ce of Rate ~ Taxation for tt:e tax year 20Ufi as provided by Section 3^3.08 of t'.^.e Ohio RevisFd Cede. Rates are exp*essed in dol7.ars a^d`cer.ts on eac^ SS, 000 of taxable valuation. General County 3.A0 MRDD 6.20 Mental Health .50 911 .75 Total County 10.85 TAXING DISTRICT COUNTY HEALTH SCHOOL/ JVS TWP/ CORP TOTAL EFFECT/RATE EFFECT/RATE LIBRARY FIRE AGR /RES COM/IND ALLEN TOWNSHIP 1. Ber.jsr..in Logan LSD 10. 35 i.=~ 36. 3C 2.OC 9.EG 60. 50 46 .57;9 97. 9327 . Eai.rbar:Fa LSD 10. 85 25 e3 SO `.3C ?.5C 58. SC 51 .5714 59. a0Ua 3. Marysvi_le E'JSC 10. 95 1 - 59. 06 2.OC 9. 6C 82. ?5 5? .8292 66. 7545 4. Triad LSD 10. 65 _._= 28. 6J 2.CC 9.50 52. 30 41 .9220 93. 1933 CLASBOURNE TOWNSHIP 5. P+or r:ion LSD 10. 85 .2~ 39. 55 9. 1C 5C 60. 55 55 '635 55. =:U6 6. Rich:aced Corcoration 1.0. 85 1.25 _,~. ~_ 4.y~ 1C~CC 1.'..0'; 7"7. 05 6'. .4206 65. 04'.. DARBY TOWNSHIP 7. Fairbanks LSD iU. 35 L < - ..3C 5. 3C 55. 20 49 .'175 50. 8520 c. ~::athar, P1 der LSC 10. 85 1. = 38. 85 3C 14.10 56. 35 51 .50";6 51. 3532 9 Unionvil'__ :er __ C„_ ;0. 1. = 95. ;. .3C 3.95 "i6. C5 =9 .1112 60. 6?55 Fai r'oa r.?s LS DJ•v p' Cis 10. 85 1. _ ~5. 50 1.30 '.9.10 7~. CC 55 .903? 58. 0108 -.. P?ar rr;iFa__banks LSC 1n, 8. 1._. 95. 3.0 ~.?^ 4.90 4. 5C 68. 30 52 .6176 53. 95".9 DOVER TOWNSHIP Fairbanks LSD LC. 85 1. - 55. 5; 9C 63. 80 49 .5302 5C . 3693 ~1. ?]arys'.i.11e _vSD ' 10. 95 L 25 '.+ C5 ~.OC .9U 78. 06 =' X381 62. 2335 13. [JOrth Gnior. LSD 10. 8: 1.35 ?9. =3 4.4G .. ., 50. 95 5. .7936 .,':. 5952 JACKSON TOWNSHIP 13. North ;pion LSC tC. fS 1 J5 39. 55 4. ~iC ~.... 56. 5 ,6 .0598 56. 79? JERCME TOWNSHIP 14. Fairbanks ;. 10. 2`; - ~] 1.30 '. 1~^ 7q. CC `;2 .?674 56. ^>699 15. Jonathan 41der LS.. r 1.0. 85 1._;. ~.. 85 _.30 .C.iC ,-. s5 47 ,971. 50. 3123 16. Wash.Tw./Erankizn CC. DublinCOro-5i P_ia rd CSD 10. 95 82 Tj 14.36 2. 9_• '. 27 69 . 3'03 --. 9926 ~ :6. Plain Ci.'r Corp 10. 85 ..__ .,... 3 5 ...,~ .2 ,., ...OC 71. .E 55 .5'35 54. 5?7U 39. was h..T.ao!Frar.klia Co. Dublin Corp-D.uh 11n CS'v 10. 8°. +2. 50 .3C 19.38 2.95 . 98 6: ,29:3 -s X16"i ;~. Dcbiir Corp-Dublin CS_: 10. 85 X2. 55 ~.3C ... 2.9=~ 38. 00 53 .7785 t;n. C570 LEESIIURG TOWNSHIP C9. A~tysviiie E`JSG 'U 85 .25 59. ;; ~ .- ~ ?6. 65 5. 5:. 2032 ;C. Nnr':^: Uci or. :SD '_0. 6>, _- 33. 53 d f, 4. 50 59. 5= 50 . ~-+'~ S-,.. 55?4 21. :dagn_ti_ Springs Ccrp ':0. 65 ... ._5 s9. .J 4.40 J...., ... 90 65. 45 55 .2598 55. 67-0a LIBERTY TOWNSHIP 22. Marys.iiLe ...SD ` -.0 .25 S~i. C;6 ..C'i - '_5 60. 31 58 "67 r; 61;. 353'. 23. C:orth J^:ion -5D 10. 8_ :.'ti~ 39. 55 9.40 7.15 53. 20 59 .3?8i 55. 21?." MILLCREEK TOWNSHIP Buckeye Yall.ey LSD 10. 85 1.25 34. 84 3 .2C =~3. 3•! 45 .486 46. 98.^3 Fa i.rha -:'rs .., ,, 10. 65 1. - .30 5.20 - 1C `2 .5505 55. 0394 '_6. Mar .~i11e c'1S~ 10. 85 Lc~ .,.. ,.: _. .,_ 5.20 8-.. 36 59 .2189 55. aC32 PARIS TOWNSHIP "[' =airbarks SD-:4ary+='crp 10. 85 1.2= - 5C .'sJ .90 4.3; 63. t0 99 .5633 Si. 5395 i?3rysviiie E'JS~ ~ 1::. 3 1.25 59. 06 ~ ~.CCI ?3. '_6 55 . 6988 c'_. 61?? 2 9. (datysvilie Ccro 101. 85 1.25 59. D5 ,_.CU .9C 4.50 ?3. 06 55 . --._ 63. 6031 TAYLOR TOWNSHIP ;arysvi.le EVSD ':0. 85 25 59 f. ...CO 7.95 81. 1_ =8 .'•045 66. 1909 31. ;lent:^. ;n-or, _SD ',0. 85 ......1 J9. Sr ,.9C ?.95 5-0. UO 54 .'1::;:, .,5. 555E UNION TOWNSHIP 3^_. Ealxban:a LSC 10. 65 .25 95. 5C 1.30 6.30 67. 20 52 ,9586 '. 42"?1 33. Silfo-d Center Co rp 'p. PS 1.25 95. 5C x.30 .._, 1.20 67. 20 52 .586 ".2. 4^21 WASHINGTON TOWNSHIP 34. Be^:jar:•.in Logan: LSD 10. 35 ^5 36. 80 2.00 8.70 59. 50 97 .3386 47. 9157 35. :ierth l!r:ion 1.SC if,'. 65 _._= 3a. 5! ..SU 6. :'0 54. '7°; 55 .5f.59 f.. C7.3:i YORK TOWNSHIP Beniamin Logan LSD '' 10. 35 1.25 35. 80 '.00 8.90 53. 60 43 .237E 4t. 8C38 i. Narysvilic EvSD 10. 65 1.25 55. 06 ^.00 8.90 8.:. 06 59 .4954 65. 6357 :JCr-h Jnicr. LSD 10. 85 1.25 3?. 55 5.40 8.90 54. 35 55 .5059 55. 0005 5e"". '+c r..'^: Union LSD/~OF Dis t '. D. 95 1.7_~ X9. 55 ;G 8C 67, 85 Si .461C 59. 0242 43. Narysvilie FVSU/~~9UE Dis t 10. 85 1.25 59. 06 _'. 00 .90 84. 96 61 .4705 63. 6596 ^e above "EEfective Rate for 2008" is ,.sod to ccmrote REAL ES'AT= 'i+iCES for the a:a year 2008, F;ayab.le in 2009. The rta! Ra-e fnr 2008" is used to car^pute Perscn.al Prope_ty '"axes tc be i1ed and caid ir. 2003. 'Ccur Real Es'ate greys tax is ccrputed by mu1-'piy:nc the tax o-a].ue of yo'.;r property by the effe~-r_ive rate fo: either Aari~ ^ltural%Res'der.tial or :._:-er, .N h=-r.. _ Certanercial c>~ Ircus ria'. The total rate _,. a co:nbinatio- o`_ rates set as a result o` _=.ecticns in ,'our district `_or :runty, Sch xls, 2'c•.mshios a.^.d Coto rations. NO TREASURER HAS AUTHORITY TO INCREASE OR DECREASE YOUR REAL ESTATE TAX RATE OR TO ADJUST VALUATION OR ASSESSMENT. UNION COUNTY TREASURER ngAP.LA~E 24 _ TF.CSOOOE STR'1'F; CF OrIZO DTESiS CC'1^POSITE REGF7:`I'ICi DI ! i?C'CCk FEFO P." FOF THI; T'.:<. YEAft _'OOft _ CO i1NT1 U[710N COUt•)'I'Y VF1M F][:R 811 'I`T,?'LNC; GTST_RI:;T N(Jt9 t1~R. 01!1?0 -T~.:~tFdG OIST~IL'T: JEIt~ME TWP-D716i,[N"SD/FRA.C'O -- I:EV'i _.. YEAR / DESCFIPTION TF.?: P.EDUC'1'lOtJ :'OMPOSITE 1'f'E'Gr'1'.I'~J:. RATE 'A(°1'i) f? F PC9'OF FF.`Pt, " . _ U1JIT # 108U~J UNiC? i:O UN'I'Y _ GF.NE TtAL F'UNG ~.90G :{}:f YX!: Si?: 3.400000 _ :.'.i)0 :•]ENTAL IiEALTH G RETr".RD:'.TIDAJ 3. EDi: ,1.259293 x.77?6 ~i: _ 2009 ~ MEN'1'PL HF..PLTtI 5 EETAP,CFTION _.9GG ~.15818i 7.Gr03c0 _ 200%? 4-1-1 EMERI EWC'i 0.750 ..09476'_ .6?'.1139 "u08 ?1ENI'P.L N.EAL'PIi 0.500 0.000;00 .50000,1 SF1B TOTAL 10,850 O.i?5/=.' 9.3,71:5 UNIT ~ 21460 D(JCtT.IN CSC) GENERAL FUND 9.9U1i :{::?.}:X}:}::{ 4.900000 -_ .L9?6 CURRENT EXPENSE 3.600 0.7_3545 .~9523i~ _ 1.976 CURRENT E}:?EN,^;E 1. SOU 0."'235-1 .914'oE 1976 C.URREIaT EXPE?dSE: 9.50(7 U.7^ ;545 ~ . "'"! LE•'y3 _ 1976 :;UP.kEDIT E}:DENSE 3.000 11.7_3595 .d"_'.93x,5 _ ~ :L97ti CCIRRF.NT EXPENSE _.9DC 0.7'L354S .801'li5 _ 1978 CURRENT F.XPENuE 3.0001 0.7']500 .439300 _ _ 1982 CUR?ENT F. ):PEIJSE '.SCO 0.646^-.50 1..237925 _ 19E.5 CUFP.ENT EXPE?JSE 9.500 ii. E;°_1.949 1..698979 1986 C(.1RF.ENT F.}:PEIJSI: 2.000 ,1.618736 .?6291.'6 19911 CURRENT EXPF.NSF., 8.900 (1.5381001 -).I5985n` _ 159? BOND/HIGH SCHL(527,040,000) 0.530 X:!XYX};X.:{ .530000 _- 1.99.^_ BOND/MID SCIiLI$12,790,OOi)) 6.650 ?:XXX};?:i:Y. .E50000 1999 F30ND (510, ol,'_, 000! 0.4::0 {:}:i;X:;}:a .43060:, _ 1.994 CURRENT EXPEtJSF. 7.900 0.41°.537 -1.545657 1996 60ND (S6i , 900, 000) 0. 7P,fJ Y'•:`{:ii{kY; .2901)00 _ 1998 ::URREN'I' ET'PENSE ?.600 ~.355~59 ._00059 ^OOC HOND ;JEi7, 900, X00) 3.390 >:1}:X}'A:•:X 3.35^.0000 _ ~00•i POND (59E,d"'?.6'3) 0.9~U ....};?:}:i:~ ._20000 _ 2005 CURRENT IY:PENSLI 7.900 O.1G.L 514 F,. L 5615 _ 200E HOIJD ($50,66'0,0001 1.UD0 .,;:r.}:~;?:kK 1.000000 _ _ sDB ToTaL ~=5eo G_9+?a3i aD.757t3,; UNIT $ 30070 TO Li.ES CAREER e ?'ECH[J1CAL I:ENT __ 19?e CURRENT EXPEN4_E 1..361' (i. DOC:100 L. 300000 _ _ sus ' 1'o'r:.L 1.306 o.e:G00oo 1.:,ooi~oG UtIIT if 92630 ~7:;R+;ME T!dP -.-GEIdF..RAI; FUTJD - - 0.40t;' :<.:{i:XXK~:X 7 ! 1 (ICr . _ l;U6 9'(1TP.I~ 0:406 O.000OIiD _9QJOi, i1 12/2-/OE 13:;3:55 PAGE '_.3 ----NON-IiES!AG (O'PHI>R) CLASS---- FEDFJCTICN COMPOS_'PE EFFF..CTIVE FACTOF EACTOF. RATE XX:{XXXX}i 3. -700000 0.268436 L.779993 0,183<%16 :.955601 0.075920' .6°.3435 D.0377?y .;811'0 0.191651. 9.3130E9 XX:i); t?:ri?; 4.400000 0.671883 :.1612.'.1 U.e'r1883 .9°.2175 0.6`/l©83 1.509338 O'.6?1.363 .984351 0, f.718E,'. .951539 0.6"19706 .96088 6.587900 1.449100 0.5E>1ti46 ].972.593 0.561646 .476708 0.34151]. 5.860963 :; X:<X}'X}:X .530000 r•{;.;X);x;;x .930000 0.276059 5.714156 ..}:x}:;;XkX .280000 0.217218 `_7.999193 :{}:.{?:X}:XY 3..)90000 Y'LXY.Xi:Si: .920000 O.OS:LSIB -1.9929::8 ,za}:X~:X}: ...000000 0.351868 96.989597 0.000000 _.300v^00 0.000000 _.3r,0000 :(k t {X.;}: . -700000 7.000000 .960006 _"'E050006 ^;TATII GF O IO 12;^_^_/OR 13:53:55 DTE515 CORIPOBITE REDUCTION FACT^R REPOF:T FOR TAE '1'Al. ZE?:R 2609 PAGE 24 __ COUh]T'i Chi;ON COUDiT`t IQUME?ER 30 TAXING DISTRIC'1' NCMBER: 007.7f""~ ±CONTINUEUi TA;iING DIBTF,ICT: JEROME ^'WP-DUALIt7 CSD/FRA CO _ ----------REBiAG' CLASS---------- ----NON-P,ES/AG (DTHERi CLABB---- _ I~GVY YEAR % DESCE2IPTZOtJ Tr.?: P.EDUC~i0P7 CCMFG.°iITE ?:PPECTIVr'. RE'?UCTIOt? COMPOSITE EI'FECTIVP:. RATE E'AC1'OI2 Fi:CTC12 R.'vTE FACTO F; FACTOR 327'IE _ UNIT #I 92E30 - 010 :JEROhlli; TWP EXC PL.~;IC7 C'_TYSDUL'L _ ROAD ANG BRIDGE FU1dD - (OUTBID 1.'_00 XXXXXXX?: 1..2'00000 :{XXXY.X>'X 1.21)0000 UB 'I'OTAI, 1.2'00 O.~J00000 1.200000 G.OC0000 l_200000 -_ UNIT ~ 82630 - 0.0 JEH:OML•' '1'4JP. FIRE _ 1991 FIRE s ?.r?.S. _._100 O.f;OR785 .9`"•S7kG D.39"'122 1.326610 _ 19y:i ~iRE 4,c:;N.S. 10.000 O.ti08'86 3.9121.86 0.'471?^_ 5.028780 200"t M_:LIC~ ]..200 0.1.7;^'!G .i+521:ic 0.Cr70836 1.114995 -°'3UI3 T0'PAL 13.50i~ 0.5711070 5.i1040h~ U.:i68119 £;.530395 ~- UNIT # tilOH6 UNZON COUh1TY I:EALT}{ DIBI'RI~"" _ 149'.a HEP.L`PH 0.750 0.256;8] .561.97.4 f.<64E3o4 .55135_' _ :%002 HE?LTH 0.50D O.1G1?39 .4243?0 0.13.9936 .41)0532 SUB TOTAI. 1.'ti0 O.2ll005 .996399 0.233193 .951989 _ CQt.POSITr U_1.D04 0.9l;7ti'?N ~;~.5:'9.'±7 0.3:1.9551 c8.6w4565 Propert Card Print Page - CHANGF. ORIENTATION TO LANDSCAPE BEFORE PRINTING. CONTINUE Page 1 of 3 JEROME TWP r e a 1. p r o p e r C y r e c o r d UNION COUNTY, OHIO 17-Q0L$0:?2,06. DUBLIN CSD/FRA CO 00170 9/28/09 15:39:20 M,'~RY H SNIDER AUDITOR 7.360DD01091 -------- ----------------------------- sale -------------------- --------eff rate: ---59.69-- ---60.42-----Sa.Sn--'--- 59.82---- -- a/r --- ----------------- 2UU5 SHIRK FRIEDA I TRUSTEE & 9/29/9fl I tax year 2005 2006 2007 2C08 2008 2009 2010 2006 FRIEDA I TRUSTEE 6 9/2.9/9fl I prop cls 110 110 110 110 2007 FRIEDA I TRUSTEE !. 9/29/98 I acres 25.6650 25.665D 25.9610 25 .9610 ZODfl CELTIC CAPTIAL LLC S/06/07 JERO:•1E -- DUBLIN LSD I lar.d1004, 152740 x59510 B91170 8 91170 COE I b1dg100b HYLAND CROP ROAD 5891300 VMS 2925 I tot11U0'~ 152790t 15451Dt 8911701 8 91170t t t t PLAIN CITY OFi 43064 OR '733 PG 617 cauv100$ 2570 2570 19890 1:4890 ------------- Ita~: value: ------ ----- ---- ----------- ---------- ------- ---------- ---------------' 2009 I .!.and 35'! 900 90C 521D 521.0 I bldg 35u. I totl 35z 9001 90Ct 5210t - 521DT, r. t 136-DO-DO-109.DDD I hmst.d3.5@ ------ ------------------------------------------------- ------I 2.5~ h 2010 j hmstd ::b I +eet ta:. 4B.50 9B.94 3'9.2.6 2 80.52 I cauv sav _'730.4fl 2759.94 16,990.9B 165 13-. 3B VACANT -------------- - ------------- --- ---------------------- --- I ---- ------- ----- - - - - 04SP 07RES I I (IPDATED Si 17/07 ------------------------ -------. __. .---------- 98 Frieda I. Shirt, Trustee of the E'rieda I. Shirk I I 'r rust dated the 29th of September 1998. I U' correcr_ion: Frieda Imogene Sh i.rk 1./2 i.n t. and I Audrey s Lawwell 1/2 lat. Per Legal OR 283 PG 552 I 09 0.525 acres split to 11-00^402".100 I 07 Resurvey tc 25.9610 acres 5 Audrey S. Laww e.ll s I old her 1/2 int to Celtic Capital LLC OF2"732 PG966 I 07 Frieda Shirk 1/2 to Celtic Captial OR'I33 PG 61.7 I U8 Recc'd BUR application 03/19/2008 #07-Oif,3 BOR 07-OlOB FOR FINAh DF,C ISION TO PUT VALUE TO SALE PP.ICE OF s' 891,300 I sale# #p mm dd yy to/remarks type/invalid? sale$ co:lar.d co:bldq ~i636 9/29/98 SHiIiF: E'E2LEL`A I 'fEiUS'1'EE OE:! 51990 379 5/03/07 SHIRK FRIENA I TRUSTEE 600E09300 12"i4 (1 9268 5/08/07 SHI12K FLOYC & ETAL 6 CEEX 152~14G 395 5/08/07 r_ELTIC cAP'rIAL LLC DOE 3B3000 15274C yea: land bldg total r.et tax 2006 9D0 900 46.99 °005 900 900 46.50 I 2009 39 L'0 3900 1"14.84 I 2003 602D 6020 3(7~i-36 - - -------- I ------------ -- ----- ------------------------------------------------ I I nYLAr7 D - cROY RD ----------- --------------------------------f------- r.ab # ----- s o i 1 acres m}:t/ac mar}-.et au/ac cauv I FO.4 sLOUNT SILT LOAM, 0-'_?; S 2 .45'8 34,510 85,240 330 87.0 I T 9 1701; r;E:ouN'r SiZrr LOAM, 0-2's S 2 .9473 39, 610 84, 700 320 780 I 9' 6 ES 5ROOF:S'1`ON 5 (1.1'Y :." 1~AY LOA 19 .8822 39, 610 688, 120 650 1::, 92.D I '?' 10 CR CROSBY SILT LGA*1, 0-24, S 9567 34, G10 33, 110 380 360 I 99p WAST WAST-DITCtiF.S-CREh; RS F.TC. .'_'120 5U ]D 5D 1C http://realestate.co.union.oh.us/cgi-bin/db2www.pgm/req.mbr/CARD?stamp=15:34:34&id=93 4/28/2009 Propert Card Print Page - Page 2 of 3 I -- I --------------- ---------- z5 ---------- .961o --------------------- e9l,leo (l003> la,Eeo cauv (e loco I 311 ,910 ( 353) 5,210 I PUB PAVED ST/RD I topo: FLAT I code '.700 I dwl/gar/nc3 105 I -------------------------------- --------------call back: - - -- - sign: V date: 10/03/06 lister:MG -17-0029022.0( CABBY TWP r e a l p r o p e r t y r e c o r d UNION COUNTY, O HIO 7-OOD2D12.7( FAIRBANKS LSD 00070 4128/09 :5:34:32 MARY H St] IDER AUDITOR 1210000054( --------------------------------------- sale ---------------- eff rate: ---55.16-- ---50.95-- ---99.39- ----99.72---- -- a/r -------------------- 2005 LAM VINH T 5 ANH-THO T TRAN 4/03/00 I tax year '005 2006 2007 2006 2008 2009 2010 2006 LAM VINH T b ANH-T'HO T 'L RAN 9/03/00 I prop cls 51] 511 511 511 2007 LAM VINH T & ANH-THO T TRAN 9/03/00 I acres 3.5600 3.5600 3.5600 3.5600 2008 LAM VINH T b ANH-THO T TRAN 9/03/00 DARBY - FAIRBANKS L SD I land100$ 55230 55230 65370 65370 WD I b1dg100~ 288340 288390 261310 261310 11919 BAUSCH RD $290000 vMS 3983 TRP.CT II I tot11003 34357Ct 3935701 326680t 326680t t t t MARYSVILLE OH 43040 OP. 009 PG E72 I ________________ ------ ------------------------- ______Ca:S va ue: - - ---------- --------- ------------- --------- 2009 I land 35'~ 19330 19330 22880 22880 I bldg 35~ 100920 100920 91960 91560 I tctl 35a 120250t 120250t 114350t 114390t t t t 121-00-00-054.006 I hmstd35~5 1:7650 117650 --------------------------------------------------------------- 12. r rb 191.16 192.12 2010 HUSEN WILLIAM J S MELISSA A 2/10/09 parent: 7-0002012 .000 I hmstd rb JT LIVES SUR orig tax year 1996 I net ta>: 9E87.82 5959.98 9941.48 4974.10 11919 BAUSCH RD $276000 I sp-asmnt MARYSVILLE OH 43090 I ----------------------- ------------ SHB+.cons.type.fc.sq-ft value I _ _16 _ 1 BA STUC MU 2196 C *MAIN I I I 26_____ OFP P 1.60 1500 d PORCHH I 1 1 i OFP P 350 3600 f PORCH I 0 0 2 STUC G 624 9900 g GARAGE I I dOFP:160 I 9 P.DD NC DW ET.L i.NG AND HS 97 AUD UE'G NC09 I I I I ___________________________ _____________________________ __ _I 9 i I 96 SPLIT --------------------- -------- I ------------I ~ I 3 I I I ------------------------ 96 split fr 6.96 ac 7-2-12 I I I I C6 Recv'd 3OR application 03/24/2008 fl07-C29A I I I I 01/19/07 - Added 2.53 reduction per application. WD3 I I x_24_ ____ ySTG:624 ----------------------------------------------------------------- ------------I I I 8 saleN Ip mm dd yy to/remarks type/invalid? sales co:land co:bldg I I _ ~' 107 2/06/96 MARY MICHAEL E d KA.'PHY AWAR' 35000 I I 3 276 9/03/00 LAM VINH T b ANH-TIIO T TWD 290000 20110 275510 I I 7 92 2/10/09 HUSEN WILLIAM .: 6 MEL=SSSUR 270000 65370 _________________________________ _______________ 26.310 I ____I I ___ year land bldg tota_ net tax I I ' 2006 19330 100920 120250 5959.98 -------------------------------------- --------- I ----I I I I I I I http://realestate.co.union.oh.us/cgi-bin/db2www.pgm/req.mbr/CARD?stamp=15:34:34&id=93 4/28/2009 Propert Card Print Page - Page 3 of 3 I I I I I I I I I I IcA/1STN./B:21961 I I I I BfOFP:350 6 I I 199 115 I I 111919 BAUSCH RD scale: 1.00' per horiz, 2.00' occupancy 1 SINGLE FAM *DWELLING COMPUTATIONS I DixHt 'snit bl~/Renov replace phy fnc tree sq-ft value I bldg type SHB+consFtxFt area rate grade cond value dpr dpr value story hgt 1 I 1 DWELLING BA F' 2156 A- 1996/A 269"i.SC 5 250940 floor lvl main STUCCO 2196 ":15000 I ? GARAGE _ F 9X29 576 C 2003/E 1070C 3 10380 -------------------- +stry FRAME 176 7000 I ------- ----------------------------------------- ---------------- basement 2176 26100 I acres/ efecty dpth actual efecty extnd influence true subtotal 198100 I frntge frntge dpth fctr rate rate value factor(s) value S_-TINGLE roof GABLE I homesite 1.00 35000 35000 35000 35000 --------------B 1 2 U A-------------------------- I small acr 2.53 @ 12000 30360 30360 plstr/drywall X fireplaces 3100 I road 03 panelled wall X air conditng 3900 I floor/carpet X plumbing 6000 I number of rms 7 gar&carports 9900 I bedrooms 3 ext features 5100 I firepl stacks 1 total value :76100 I firepl opngs 1 I insulation F ALL PUB U'1'I L'S I central heat A A.LL PRIV UTIL'S I F/A PRIV WATER I central a/c A ?UB PAVED ST/RD I std plumbing 1 code 0700 I xtra 3-fxture 1 I xtra 2-fxture 1 I ..------------------~-------------- - -----------------r_a.Ll back: - ~- - - sign: date: 12/06;06 1~ster:MG -------- 7-0002012.7( http://realestate.co.union.oh.us/cgi-bin/db2www.pgm/req.mbr/CARD?stamp=l x:34:34&id=93 4/28/2009 Owner / Leagl Description Owner /Legal Description / 35% Values Payment Status Owner/.Legal Des.c Sor! Analysis Notes /Sales Charge Basis Prior Years' History House Info Land Info Bldg Info Sketch Levy Information Property Card ~~~e~~ EXIT /HOME _RETURN TO SEARCH NEXT PAGE Previous Record Next Record Parcel Number: Owner /Tax Lien Date CELTIC CAPTIAL LLC HYLAND CROY ROAD PLAIN CITY OH 43064 Sale Date/Code/Amount Sale Date/Code/Amount 5/08/07 DOE 891300 Legal Description JEROIvIE -DUBLIN LSD Sale Date/Code/Amount Mail To CELTIC CAPITAL LLC VIvIS 2925 136-00-00-104.000 565 METRO PLACE S STE 480 OR 733 PG 617 DUBLIN OH 43017 Property Class Acres Front Foot New/Zero Current Year AGR-110 25.9610 Next Year - Information reflects county records as of: 4:17 am 04/28/2009 35% Taxable Values Land Buildi batement Land Market Personal Property (Public Utilitvl mestead Discount Basis Ilback:Land (Homesitel Page 1 of 2 Place cursor here fo.r information about_this P 17- M- Main 0024022.000 Transfer /Current Transfer For Following Year Tax Year -------------------- Values Changes ~c Land Building ®~ $710 00~~ ~ D O a~ 5210 ~ ~ ~~ ~ 0 0~ 311910 ~ ~~ ~~ ^ ~ ~L ~ o D a~ 0 ~ 0~ IRollback:BuildinQ(Housel II :Total Mail Sort Code 43017 Rollback Not receiving the 2.5% rollback cauv code R Enrolled in the CAUV program Cauv Application # 1050 CAUV Application Year: 08 http:!/realestate.co.union.oh.us/cgi-bin/db2w-ww.pgm~req.mbr/D1?stamp=1528:46~.id=77 4/28/2009 PRE-ANNEXATION AGREEMENT This Pre-Annexation Agreement ("Agreement") is entered into on , 2009, by and between Celtic Capital LLC, an Ohio limited liability corporation ("the Petitioner") 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 WHEREAS, the Petitioner owns certain real property located on the west side of Hyland- Croy Road, north of Mitchell-Dewitt Road in Jerome Township (the "Property"), being more fully described in the Union 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, the Petitioner 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 for purposes of gaining jurisdiction over a significant portion of the adjacent the Hyland-Croy Road right-of--way. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound, the Parties hereby agree as follows: 1. Annexation: Dublin will accept the annexation of the Property, including the adjacent Hyland-Croy Road right-of--way. 2. Boundary Adjustment: (a) In the event that Dublin elects to file a petition for a boundary adjustment after the acceptance of the Property by City Council, such action will practically result in the exclusion of the Property from Jerome Township jurisdiction. Currently, pursuant to Ohio Revised Code Section 709.19, Dublin must make reparations to Jerome Township of a percentage of the Township taxes that would have been due the Township if annexation had not occurred in the amounts as follows: Years 1 through 3 80.0% Years 4 through 5 52.5% Years 6 through 10 40.0% Years 11 through 12 27.5% After year 12 0% 1 The Patties understand that these percentages may change if the use of the land is altered. (b) If Dublin elects to pursue a Township boundary adjustment, the Petitioner and its successors and assigns hereby agree to compensate Dublin for all reparations payments Dublin is required to make to Jerome Township. To that end, the Petitioner agrees to make a lump sum payment to Dublin upon execution of this Agreement in the amount of five thousand dollars ($5,000.00). (c) If Dublin elects to pursue a Township boundary adjustment, the Petitioner and its successors and assigns agree that in the event any portion of the Property is developed for any use, they will make to Dublin aone-time payment, prior to the submission of a building permit application, in the amount of twelve hundred dollars ($1200.00) per lot, with a density not to exceed forty (40) lots, if necessary to meet any required reparations payments. (d) If Dublin elects to pursue a Township boundary adjustment, the Petitioner and its successors and assigns agree that in the event development commences within three (3) years of the execution of this Agreement, the Petitioner or its successors or assigns will pay to Dublin an additional five thousand dollars ($5,000.00) if necessary to meet any required reparations payments. (e) Dublin will deposit all monies received under this subsection in an Agency Fund maintained by Dublin for the purpose of making reparations payments to Jerome Township. In the event that Dublin does not elect to pursue a Township boundary adjustment, Dublin will reimburse the Petitioner or its successors or assigns for all monies received pursuant to this subsection. Additionally, should Dublin elect to pursue a Township boundary adjustment and based on the payments described in 2(b), (c), or (d) herein, should there be any excess funds after the expiration of the reparations period they shall be returned to the Petitioner. (f) The Petitioner and its successors and assigns agree to reiterate these requirements in any deed subsequently conveying the Property. The Petitioner and its successors and assigns also agree that they will reiterate these requirements in any zoning text in the event the Property is rezoned to a Dublin planned development classification. Finally, the Petitioner and its successors and assigns agree that they will note the per lot payment commitment in any final plat for any portion of the Property. (g) Dublin agrees that the Petitioner and its successors and assigns may challenge the manner in which the Union County Auditor values the Property during the course of the term of this Agreement, including the imposition of any and all levies affecting the Property. In the event that the Union County Auditor lowers the value of the Property based on a challenge by the Petitioner and its successors and assigns, or removes a levy that was otherwise applicable to the Property, Dublin will use the new values as its basis for calculating the reparations payment due to Dublin. However, unless the Union County Auditor lowers the value of the Property or removes any levies as a result of the challenge, the Petitioner and its successors and assigns 2 agree to make any reparations payments presented to them by Dublin in accordance with the terms described herein during the term of this Agreement. 3. Amendments: Given the uncertainties regarding the potential Property development rate and taxes and levies imposed upon the Property, the Parties recognize the possible need to renegotiate the terms of this Agreement in the future. As a result, this Agreement may be amended, modified, or changed by a written agreement properly executed by Parties. These amendments may include, but are not limited to, the exploration of the creation of a Community Authority as a reimbursement mechanism for essential services to the Property. 4. Indemnity: For a period of six (6) years from the execution of this Agreement, Petitioner agrees to indemnify, protect, defend, and hold harmless Dublin from and against all loss, liability, damage, actions, causes of action, or claims for injury, death, loss or damage of whatever nature to any person, property or business interest caused by or resulting from an act or omission of Petitioner or its agents, employees, customers, servants, licensees, tenants, subtenants, guests or invitees in respect to the matters set forth in this Agreement, particularly the reparations outlined above, and from and against any and all costs, expenses or liabilities (including reasonable fees of attorneys, paralegals, experts, court reporters and others) incurred or anticipated by Dublin in connection with any claim, action or proceeding in respect of any such loss, liability, damage, action, cause of action, or claim. 5. City Services: Dublin agrees it can and will supply water and sewer to the Property and that it has the necessary capacity in both its water and sanitary sewer lines to do so in accordance with the Community Plan adopted by Ordinance 58-07 on December 10, 2007, for the future development of the property. 6. Council Action: The foregoing obligations and commitments by Dublin contained herein are contingent and shall be effective and enforceable only upon the approval of all necessary legislation and/or motions by Council and the expiration of all referendum periods applicable thereto. 7. Annlicable 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. 8. Waiver: 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 instrument 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, of the exercise of any right, power or privilege. 3 9. 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 other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 10. 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 duly authorized officers of the parties hereto. 11. Successors and Assigns. This Agreement shall run with the land and be binding upon and inure to the benefit of the respective heirs, personal representatives, successors, transferees, and assigns of the parties hereto. 12. Captions. The captions contained in this Agreement are included only for convenience of reference and do not define, limit, explain or modify this Agreement or its interpretation, construction or meaning and are in no way to be construed as a part of this Agreement. 13. Covenants Run With the Land. It is intended that the covenants, easements, agreements, promises and duties set forth in this Agreement shall be construed as covenants which run with the land. IN WITNESS WHEREOF, the undersigned have set its hand to duplicates hereof, on the day and year first above written. CELTIC CAPITAL LLC CITY OF DUBLIN an Ohio limited liability corporation an Ohio municipal corporation By: Its: STATE OF OHIO COUNTY OF SS By: Terry Foegler Its: City Manager Before me a Notary Public personally came behalf of Celtic Capital LLC, an Ohio limited liability corporation, foregoing Agreement as its voluntary act and deed. who acknowledged the In Witness whereof I have hereunto subscribed my name and affixed my seal on this on 4 day of , 2009. Notary Public STATE OF OHIO COUNTY OF FRANKLIN: S S Before me a Notary Public personally carne the City of Dublin, an Ohio municipal corporation, by Terry Foegler, its City Manager, who acknowledged the foregoing Agreement as his voluntary act and deed on behalf ofthe City. In Witness whereof I have hereunto subscribed my name and affixed my seal on this day of , 2009. Notary Public 5 Exlubit A Union Cowity Auditor Information PRE-ANNEXATION AGREEMENT This Pre-Annexation Agreement ("Agreement") is entered into on , 2009, by and between Celtic Capital LLC, an Ohio limited liability corporation ("the Petitioner") 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 WHEREAS, the Petitioner owns certain real property located on the west side of Hyland- Croy Road, north of Mitchell-Dewitt Road in Jerome Township (the "Property"), being more fully described in the Union 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, the Petitioner 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 for purposes of gaining jurisdiction over a significant portion of the adjacent the Hyland-Croy Road right-of--way. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound, the Parties hereby agree as follows: 1. Annexation: Dublin will accept the annexation of the Property, including the adjacent Hyland-Croy Road right-of--way. 2. Boundary Adjustment: (a) In the et%ent that Dublin'~~ -,~~•-•-°•~+ ;,~+o~+ elects to file a petition for a boundary adjustment after the acceptance of the Property by City Council, ~_'~~-,'~ ~_ ~" •-°~~~~'+ ~~~ +',° n,•„r„-~t. 5 '• ~ ~ ,_ ,_ . ,_ uch action will practically result in the exclusion of the Property from Jerome Township jurisdiction. Currently, pursuant to Ohio Revised Code Section 709.19, Dublin must make reparations to Jerome Township of a percentage of the Township taxes that would have been due the Township if annexation had not occurred in the amounts as follows: Years 1 through 3 80.0% Years 4 through 5 52.5% Years 6 through 10 40.0% Years 11 through 12 27.5% After year 12 0% The Parties understand that these percentages may change if the use of the land is altered. successors and assigns agree that they will note the pti~ri~ e~ payment commitment in any final plat for any portion of the Property. (€g) Dublin agrees that the Petitioner and its successors and assigns may challenge the manner in which the Union County Auditor values the Property during the course of the term of this Agreement, including the imposition of any and all levies affecting the Property. In the event that the Union County Auditor lowers the value of the Property based on a challenge by the Petitioner and its successors and assigns, or removes a levy that was otherwise applicable to the Property, Dublin will use the new values as its basis for calculating the reparations payment due to Dublin. However, unless the Union County Auditor lowers the value of the Property or removes any levies as a result of the challenge, the Petitioner and its successors and assigns agree to make any reparations payments presented to them by Dublin in accordance with the terms described herein during the term ofthis Agreement. 3. Amendments: Given the uncertainties re a,~~ the potential Property development rate and taxes and levies imposed anon the Pronertv. the Parties recognize the possible need to renegotiate the terms of this Agreement in the future. As a result. this Agreement may be amended, moditie~d, or chan~e~d by a ~~--~ritte~n a~re~ement properly exe~cute~d by Parties. These amendments may include, but are not limited to, the exploration of the creation of a Conununity Authority as a reimbursement mechanism for essential services to the Property. 4. Indemnity: For a period of six (6) years from the execution ofthis Agreement, Petitioner agrees to indemnify, protect, defend, and hold harmless Dublin from and against all loss, liability, damage, actions, causes of action, or claims for injury, death, loss or damage of whatever nature to any person, property or business interest caused by or resulting from an act or omission of Petitioner or its agents, employees, customers, servants, licensees, tenants, subtenants, guests or invitees in respect to the matters set forth in this Agreement, particularly the reparations outlined above, and from and against any and all costs, expenses or liabilities (including reasonable fees of attorneys, paralegals, experts, court reporters and others) incurred or anticipated by Dublin in connection with any claim, action or proceeding in respect of any such loss, liability, damage, action, cause of action, or claim. ~5. City Services: Dublin agrees it can and will supply water and sewer to the Property and that it has the necessary capacity in both its water and sanitary sewer lines to do so in accordance with the Community Plan adopted by Ordinance 58-07 on December 10, 2007, for the future development of the property. a-6. Council Action: The foregoing obligations and commitments by Dublin contained herein are contingent and shall be effective and enforceable only upon the approval of all necessary legislation and/or motions by Council and the expiration of all referendum periods applicable thereto. • -5 > , ~,- 7. Applicable Law: This Agreement shall be governed by, construed, and interpreted u7 accordance with the ordinances and laws of Dublin, the State of Ohio and the United States, u1 that order. 8. Waiver: 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 instrument 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, of the exercise of any right, power or privilege. 9. 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 other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 10. Entire Agreement. This Agreement constitutes the entu•e 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 duly authorized officers of the parties hereto. 11. Successors and Assigns. This Agreement shall run with the land and be binding upon and inure to the benefit of the respective heirs, personal representatives, successors, transferees, and assigns of the parties hereto. 12. Captions. The captions contained in this Agreement are included only for convenience of reference and do not define, limit, explain or modify this Agreement or its interpretation, construction or meaning and are in no way to be construed as a part of this Agreement. 13. Covenants Run With the Land. It is intended that the covenants, easements, agreements, promises and duties set forth in this Agreement shall be construed as covenants which run with the land. IN WITNESS WHEREOF, the undersigned have set its hand to duplicates hereof, on the day and year first above written. CELTIC CAPITAL LLC CITY OF DUBLIN an Ohio limited liability corporation an Ohio municipal corporation By: By: Terry Foegler Its: Its: City Manager STATE OF OHIO COUNTY OF : S S Before me a Notary Public personally came behalf of Celtic Capital LLC, an Ohio limited liability corporation, foregoing Agreement as its voluntary act and deed. who acknowledged the In Witness whereof I have hereunto subscribed my name and affixed my seal on this day of , 2009. Notary Public STATE OF OHIO COUNTY OF FRANKLIN: S S Before me a Notary Public personally came the City of Dublin, an Ohio municipal corporation, by Terry Foegler, its City Manager, who acknowledged the foregoing Agreement as his voluntary act and deed on behalf ofthe City. In Witness whereof I have hereunto subscribed my name and affixed my seal on this day of , 2009. on Notary Public EYlubit A Union Cowity Auditor Information Owner /Legal Description / 35% Values place cursor here for information about this page Owner /Legal Desc ~!?tl tit?c`1/y~SIS ,1;'r.~~f,> > Stitt Citt:11~'~f: Basis .'ror Years' Nisi~c~ry ._cttiu it"tics k::3it~C; lr?fcj ;itEtiCt:+ r'.e~.~'I Irrfntrr?~i~iot~ Proerty Card `,,'i~~dt~ tvtah ,.~ EXIT I HOME RETURN TO SEARCH NEXT PAGE Information reflects county records as of: 3:48 am 05/27/2009 Parcel Number: Owner /Tax L,icn Date CELTIC CAPTIAL LLC HYLAND CROY ROAD PLAIN CITY OH 43064 Sale Date/Code/Amount 5/08/07 DOE 64400 Legal Description JEROME -DUBLIN LSD 17- M- Main 0024021.000 Transfer /Current Tax Year 'T'ransfer For Following Year Sale Date/Code/Amount VMS 2925 136-00-00-105.000 OR 733 PG 620 SV 20-453 Property ('lass Current Year AGR-110 Next Year - :lcres 2.1490 Sale Date/Code/Amount Mail To CELTIC CAPITAL LLC 565 METRO PLACE S STE 480 DUBLIN OH 43017-7312 Front Foot New/'/.ero 3S`%, Taxable Values land 280 Building 0 Total 280 Abatement Land Market 21870 Personal Property (Public Utility) Homestead Discount Basis Rollback:Land (Homcsitc) Rollback:l3uilding(House) Rollback:Total -------------------- ~'alucs C'hangcs ~ a 1_and Building d ~~^~ 00^0 ~~^~ Do^a Do^o 00^0 000 00^0 Mail Sort Codc ltollbacl: cauv code C'auv Application # 430177312 Not receiving the 2.S`% rollback R I?nrollcd in the CAL!V program ]050 CAIJV Application Year: 08 Notes: 03SP l.e~~~tl [)isclaimcr Owner /Legal Description / 35% Values place cursor here for information about this page Owner /Legal Desc Sc;il Art:~lysis N~tr~~ t ~~~les L~il7C+ it%iC) E~1c~r~ lr?/~; ~kc~icr; Proporty Card View 11r1a~; Parcel Number: Owner /Tax Lien Date CELTIC CAPTIAL LLC 17- M- Main 0024022.000 Transfer /Current Tax Year Transfer For Following Year EXIT /HOME RETURN TO SEARCH NEXT PAGE ~~ , ". HYLAND CROY ROAD PLAIN CITY OH 43064 Sale Uate/Code/Amount 5/08/07 DOE 891300 Legal Description JEROME -DUBLIN LSD VMS 2925 OR 733 PG 617 Sale DatdCodc/Amount 136-00-00-104.000 Property Class Acres AGR-1 ] 0 25.9610 Sale Date/Code/Amount Ylail To CELTIC CAPITAL LLC 565 METRO PLACE S STE 480 DUBLIN OE1 43017 Front Foot New/Zero Cw•rent Ycar Next Year 3S'%, 'f axable Values Information reflects county records as of: 3:48 am 05/27/2009 1_.and 5210 Building "Total 5210 Abatement Land ~1arl:ct 311910 Personal l'ropcrty (Public Utility) homestead tiscount Basis Rollback:Land (Elomcsitc) Rollback:Building(Housc) Rollback:Total -------------------- Values Changes ~c Land Building d ~~~ 000 00^ 0~^ DO^ 00^ 00^ DO^ Mail Sort Code Rollbacl: cauv code C'auv Application # 43017 Not receiving the 2.5"/„ rollback R I~:nrolled in the ('Al.!V program 1050 CAUV Application Year: 08 Notes: 04SP 07RES Le~~a( I)isclaimcr