38-09 ResolutionRECORD OF RESOLUTIONS
Daytcn ! ¢gal Blacs. lec_ Porm No. 30045
38-09
Resolution No.
Passed
zv
A RESOLUTION ADOPTING A STATEMENT OF
SERVICES FOR A PROPOSED ANNEXATION OF 5.66
ACRES, MORE OR LESS, FROM JEROME TOWNSHIP,
UNION COUNTY TO THE CITY OF DUBLIN.
WHEREAS, a Regular Annexation petition for 5.66 acres, more or less, from Jerome
Township, Union County to the City of Dublin was filed in the offices of the Union
County Commissioners on August 5, 2009 by Jackson B. Reynolds III,
Attorney/Agent for Petitioners, Kevin and Jocelyn Mullins; and
WHEREAS, Section 709.03 (D) of the Ohio Revised Code requires that, prior to the
hearing of the annexation petition, the Municipal Authority shall adopt a statement
indicating what services the Municipal Corporation will provide to the territory
proposed for annexation and an approximate date by which it will provide services to
the territory proposed for annexation upon annexation; and
WHEREAS, the area proposed for annexation lies within Dublin's exclusive water
and sewer service extension area, as provided under the agreements with the City of
Columbus; and
WHEREAS, the proposed annexation is in conformance with the Dublin Community
Plan, adopted by Council on December 10, 2007.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, ~ of the elected members concurring that:
Section 1. The City of Dublin will provide the following municipal services for the
5.66 acres, more or less in Jerome Township, Union County upon the annexation of
the area to the City of Dublin, Ohio:
Police. The City of Dublin has five police districts and deploys a minimum of five
cruisers. The subject annexation is located approximately 4.3 driving miles from the
Justice Center, the Division of Police headquarters. The annexation area will be fully
served with police and communications services at the same or similar level now
being provided to other areas of the City with similar land use and population.
Fire and EMS. The City of Dublin will provide, cause to provide, or contract with
Washington Township to provide fire protection and EMS services to this area of
Dublin at the same or similar level now being provided to other areas of the City with
similar land use and population. The closest Washington Township station is
approximately 2.2 driving miles away on Brand Road.
Solid Waste Collection. Residential refuse collection services are contracted by the
City and are currently provided at no additional charge.
Street Maintenance. The City's Streets and Utilities Division provides excellent
service in the area of street and road maintenance. The City currently maintains
Hyland Croy Road in the area of this annexation and will continue to do so at the
same levels upon annexation of this property.
Section 2. The City has Water and Sanitary Sewer Service Agreements with the
City of Columbus, and the subject property is within the exclusive service area of both
agreements. Conditioned upon the ability of the City of Columbus to provide water
supply and to provide sufficient sanitary sewerage disposal capacity, sufficient public
water distribution and sanitary sewer collection systems exist in this area to serve this
property. The water distribution and sanitary sewer and wastewater collection will be
RECORD OF RESOLUTIONS
Irtc.. Form No-30045
38-09
Resolution No.
Pas.secf
Page 2
20
available to this site within approximately five years. The remainder of the services
will be available immediately upon annexation.
Section 3. This resolution shall be effective immediately upon passage, as provided
under Section 4.04(a) of the Revised Charter.
Passed this r i~~ day of , 2009.
,~~
ayor -Presiding Officer
ATTEST
J ~/
Clerk of Cotulcil
CITY OF DUBLIN,.
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490
To: Members of Dublin City Council
From: Terry Foegler, City Manager' ~/
Date: August 13, 2009 l
Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning
Paul Hammersmith, P.E., Director of Engineering/City Engineer
Gary Gunderman, Planning Manager
Barbara Cox, P.E., Engineering Manager -Development
Summary
Re: Resolution 38-09 - Adopting a Statement of Services for a Proposed
Annexation of 5.66 Acres from Jerome Township, Union County
(Petitioner: Kevin and Jocelyn Mullins, 8600 Hyland Croy Road)
Memo
On August S, 2009, attorney/agent Jackson B. Reynolds III filed an annexation petition with the
Union County Commissioners on behalf of Kevin and Jocelyn Mullins. The petition is for 5.66 f
acres, not including any additional portion of the rights-of--way of Hyland-Croy Road, located on the
east side of Hyland-Croy Road just north of Dublin Jerome High School in Jerome Township. This
application was the subject of apre-annexation agreement approved by the City of Dublin on March
16, 2009.
The petition was filed pursuant to O.R.C. 709.02, as a "Regular" annexation. The Union County
Commissioners must schedule a hearing not less than 60 or more than 90 days after the filing of the
petition. The Commission's hearing is currently scheduled for October 19, 2009. For a Regular
annexation the City must adopt a Statement of Services, included as Resolution No. 38-09, at least 20
days prior to the Union County hearing.
The Commissioners must adopt a resolution either approving or denying the petition within 30 days
following the hearing. If the petition meets the technical requirements of a Regular annexation the
Commissioners are required to grant the proposed annexation.
Reparations
A Regular annexation permits the City to determine the Township designation of the property after
annexation. In previous annexations, the City has placed properties into Washington Township in
order to secure Washington Township Fire and EMS services. This action requires the City to pay
reparations to Jerome Township on a declining scale over a 12-year period. As has been the case in
most recent annexations the applicant has agreed to pay the required reparations as specified in the
Pre-Annexation Agreement approved in March of this year.
Fee Waiver
The applicant requested that the City waive the annexation fees of $2,670. This was also approved as
part of the Pre-Annexation agreement approved in March. This area is located within a portion of
Jerome Township that is surrounded on three sides by the City of Dublin.
Memo re. Res 38-09 -Annexation -Statement of Services for
8600 Hyland-Croy Road, K. Mullins
August 13, 2009
Page 2 of 3
Background
Zoning and Communit)~ PZmz
The current Jerome Township zoning classification for this property is U-1 Agricultural Low Density
District, which allows agricultural and single-family dwellings on a minimum of 1.5 acres without
public sewer services. Upon annexation, the property will be automatically zoned R, Rural District,
under the Zoning Code of the City of Dublin_ This would allow farm operations and single-family
dwellings on a minimum one-acre lot.
The 2007 Community Plan anticipated annexing this area as had previous Community Plans. The
adopted Future Land Use Map indicates Parks and Open space in this area. The existing adjacent
properties include: Tartan West property to the north, Golf Course to the east and south, Jerome High
School to the south, and Metro Park and large lot single family to the west in Jerome Township.
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 4.3 driving miles from the Justice Center, the Division of
Police headquarters. The City of Dublin provides twenty-four hour police and communications
services and has mutual aid agreements with other jurisdictions. The annexed 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. Most
previous annexations in this area have been transferred from Jerome Township and placed in
Washington Township. The Brand Road station is approximately 2.2 miles fi'om the lot. 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 City of Dublin provides residential solid waste collection at no additional fee. The
annexation area will be served with solid waste services at the same or similar level now being
provided to other areas of the city.
• Water Distribution
The property is located within the Exclusive Dublin Expansion Area of the Water Service
Agreement with the City of Columbus. A 16-inch waterline is located on the east side of Hyland-
Croy Road and will provide service to this property.
• Sanitary Sewer (Wastewater) Collection
The property is located within the Exclusive Dublin Expansion Area within the Sanitary Service
Agreement with the City of Columbus. This property is located in a tributary of the North Fork
Indian Run trunk sewer. This trunk sewer is currently located in the Tartan West subdivision and
will be accessible to the subject property by a sewer line that was extended to the southern
property line of Tartan West in Section 6.
Memo re. Res 38-09 -Annexation -Statement of Services for
8600 Hyland-Croy Road, K. Mullins
August 13, 2009
Page 3 of 3
• Stormwater Management and Floodplain
The property is relatively flat, drains northwest to southeast, and is located in the tributary of the
North Fork Indian Run watershed as defined by the Storn~water Master Plan. This property is not
in a FFMA designated floodplain.
• Roads and Streets
The property is served by Hyland-Croy Road, a minor arterial, with rural character, and is
required to have 100 feet of right-of--way per the cun'ent Thoroughfare Plan. A variable width
median is also panned for Hyland-Croy Road. Any new public roads or streets within a proposed
development would be dedicated to the City, and be maintained to the same or similar level being
provided to other areas of the City.
Recommendation
This property is within the proposed annexation areas of the Community Plan and is located in the
exclusive Dublin Service Area as defined in the water and sewer agreements with the City of
Columbus. Approval of Resolution 38-09 regarding the Statement of Services is recommended.
Upon City Council's approval, This approved Resolution will be forwarded to the Union County
Commissioners for their required hearing.
Mullin'sAnnexation
Case: 09-010
DUBLIN
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Mullin's Annexation
0 400 800 Feet
\tOTiCE OF FI'LI\G OF <\\~EX.ATIO~I PETITION
TO: Ms. Aauie Clark, Clerk of Council
City of Dublin
5200 Emerald Parkway
Dublin. OH 43027
In accordance with the provisions of Section 709.03 of the Ohio Revised Code, you are
hereby notified that, on the 5`h day of August, 2009, at 10:50 a.tn., the undersigned, as Agent for
the Petitioners, filed an Arutexation Petition in the office of the Board of County Comunissioners
of union County, Ohio.
Said Petition prays for annexation to the City of Dublin, Ohio, of 5.56 acres, more or Iess,
in Jerome Township.
A copy of said Petition, with description and plat; is attached hereto and made a part
hereof.
The union County Commissioners will hold a public hearing on the annexation petition
on the 19`~ day of October, 2009 at 9:30 am, in the County Commissioners offices in the County
Office Building Io/cat/ad at 233 West Sixth Street, ~/Iarysvilie, Ohio. !~,
Dated: _ ~~(dGO~ G.~'r~~~~K~r~~ ~'~"'~
Ja son B. Reynolds, III
- ent for Petitioners
RECEIPT OF THE AFOREMEly'I'IONED DOCIJNIENT(S) IS EIEREBY' ACKNObyLEDC~ED
THIS ~~_ day of _/~z~~!/ _ , 20 0~.
CLERIC'S OFFICE
PETITION FOR REGULAR ANNEXATION
TO THE CITY OF DUBLIN, OHIO ~~~~~VE~
OF 5.66+/- ACRES MORE OR LESS
IN THE TOWNSHIP OF JEROME ~~ ` ~ 2a~9
TO THE BOARD OF COUNTY COMMISSIONERS Union County Commissioners
OF UNION COUNTY. OHIO:
The undersigned, petitioners in the premises, and being A MAJORITY OF THE
OWNERS OF REAL ESTATE in the temtory proposed for annexation hereinafter
described, consisting of 5.66+/- acres, more or less, with a total perimeter boundary of
5,153 feet, more or less, in the Township of 3erome which area is contiguous along 2,968
feet of 57%, more or less, and adjacent to the City of Dublin, do hereby request that said
territory be annexed to the City of Dublin according to the statutes of the State of Ohio,
709.02, et seq.
A full and accurate legal description and plat of the requested annexation territory are
attached hereto and made a part hereof.
In support of said Petition, the petitioner states that there is within the territory to be
annexed one (1) property, owned jointly by the undersigned Petitioners.
Jackson B. Reynolds, III and
David Hodge, whose address is 37 W. Broad Street, Suite 725, Columbus, Ohio 43215,
(614) 221-4255 telephone, (614) 221-4409 facsimile, is hereby appointed Agent for the
undersigned Petitioners, as required by Section 709.02 of the Ohio Revised Code. Said
agent is hereby authorized to make any amendment, deletion, and / or supplementation
which is his absolute discretion is necessary or proper under the circumstances then
existing, and in particular to do so in order to correct any discrepancy or mistake noted by
the Union County Engineer in his examination of the Petition and / or Piat. Said
amendment shall be made by the presentation of an amended plat and description to the
Boazd of County Commissioners on, before, or after the date set for hearing on this
Petition.
NAME DATE
j'~ ~~~
Kevin Mullins
ADDRESS
8600 Hyland Croy Road
Plain City. Ohio 43064
Jocelyn Mullins
Page I of I
8600 Hyland Croy Road
Plain City. Ohio 43064
mullinsdublinanx.pet 3117/09
0 300 600
Scale 1" = 300'
August 8, 2008
Prepared for:
Kevin D. Mullins
Property Address: 8600 Hyland Croy Road
PAR. N0. 17-0024037.000
Union Co. GIS/Map 8137-00-00-043.000
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AREA 10 BE ANNEXED
PATRIDGE PROFESSIONAL SURVEYORS
AND ENGINEERS L.L.C.
9464 DUBLIN ROAD
POWELL, OHIO 43065
fAX (814)J99-0010
awuwn iEL. (614)-J99-C031
15'
ANNEXATION PLAT
PLAT SHOWING MAP OF TERRITORY TO BE ANNEXED
A 5.660 ACRE TRACT LOCATED IN V.M.S. 2925,
FROM JEROME TOWNSHIP, UNION COUNTY, OHIO
TO 7HE CITY OF DU6LIN, UNION COUNTY, OHIO
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ANNEXATION PLAT
pPANN B1` &r' AN£NOED:
DA)E: B/B/09 RENSEP.
fUEP. PAEH£0:
HNEEl.- I
ANNEXATION OF 5.660 ACRES
PRESENTLY IN JEROME TOWNSHIP, UNION COLI~ITY
TO THE CITY OF DUBLIN, UNION COUNTY, OHIO
Situated in the State of Ohio, County of Union, Township of Jerome, Vrginia Military Survey No.
2925, and being all of a 4.50 and part of a 1.178 acre tract (Parcel Number 17-0024037.000,
Union Co. GIS/Map No. 137-00-00-043.000) currently owned by Kevin D. Mullins as recorded in
Official Record 117, Page 182, and being more particularly described as follows:
Beginning in the City of Dublin Corporation Line (Ordinance No. 76-01, dated 7123101) at the
northeast corner of said 4.50 acre tract and the southeast comer of Tartan West Section 5, of
record in Plat Book 5, Page 198, and a west line of a tract of ground currently owned by American
Italian Golf Association, of record in Deed Book 223, Page 495;
thence South 05° 33' 30" East 499.15 feet, along the east line of said 4.50 acre tract and west
line of said American Italian Golf Association tract and existing City of Dublin Corporation Line
(Ordinance 76-0'1 ), to a point;
thence South 84° 21' 30" West 1002.63 feet, along the south line of said 4.50 and 1.178 acre
tract and north line of said American Italian Golf Association tract and existing City of Dublin
Corporation Line (Ordinance 76-01), to a point marking a northwest corner of said American
Italian Golf Association tract and the northeast corner of a tract currently owned by Board of
Education of the Dublin City School District, of record in Official Record 80, Page 209;
thence South 84° 35' 01" West 1073.07 feet, along the south line of said 1.178 acre tract and
north line of said Board of Education of the Dublin City School District tract and the existing City
of Dublin Corporation Line (Ordinance 12-98, dated 4/2/98), to a point in the east line of Hyland
Croy Road;
thence North 11 ° 56' 27" West 30.20 feet, along the east line of Hyland Croy Road, to a point in
the north line of said 1.178 acre tract and south line of a 5.784 acre tract currently owned by
Barbara Stroble, of record in Official Record 67, Page 779;
thence North 84° 35' 01" East 1076.43 feet, along the north line of said 1,178 acre tract and south
line of said 5.784 acre tract, to a point;
thence North 84° 21' 30" East 609.72 feet, continuing along the north fine of said 1.178 acre tract
and south line of said 5.784 acre tract, to a point in the west line of said 4.50 acre tract marking
the northeast comer of said 1. i 78 acre tract and southeast corner of said 5.784 acre tract;
thence North 05° 33' 30" West 468.64 feet, along the west line of said 4.50 acre tract and east
line of said 5.784 acre tract, to a point marking the northwest comer of said 4.50 acre tract and
northeast corner of said 5.784 acre tract and in the south line of Tartan West Section 5 and
existing City of Dublin Corporation Line (Ordinance 76-01);
thence North 84° 17' 00" East 392.91 feet, along the north line of said 4.50 acre tract and south
line of Tartan West Section 5 and existing City of Dublin Corporation Line (Ordinance 76-01), to
the place of beginning, containing an area of 5.660 acres.
Corporation lines referenced on are as follows: Ordinance No. 12-98 is recorded in Official
Record 127, Page 550, Ordinance No. 76-01 is recorded in Official Record 305, Page 657.
This above description is for annexation purposes only and not to be used for transfer of property
10008Annex
Jocelyn Mu[Iins
Kevin Mullins
8600 Hyland Croy Rd.
Plain City, OH 43064
SURROUi~DiNG PROPER"I'Y
QW'~tER5
Am Italian Golf Association.
8205 Aaery Rd.
Dublin, OH 43017
3900224034002
Barbara Strobe
8622 Hyland Croy Rd.
Plain City, OH 43064
170024060000
Jackson B. Reynolds, III
David L. Hodge
Smith & Hale LLC
37 E. Broad St.. Suite 725
Columbus. OH 4321
Board of Education
Dublin City School district
7030 Coffman Rd.
Dublin, OH 43017
390029001100
Tartan Development Co
71 i 5 Calabria Pt.
Dublin, OH 43016
3900240401St
City of Dublin
5200 Emerald Parkway
Dublin, OH 43017
170024055101
170024055102
~V LLC =`~4antage Bank
100 E. Nilson Rd., Suite 105
Worthington, OH 43085
390024040152,'390024040153
390024040154
MuilinsdubLrzan.-~ex i.lbl (nct)
3;4;'09 F:Docs/>&hiabels;2004
RECORD OF ORDINANCES
Ordirzar~ce No. 09-09
Passed
20
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 KEVIN AND JOCELYN MULLINS.
WHEREAS, Kevin and Jocelyn Mullins ("the Petitioners") are the owner of certain real
property located at 8600 Hyland Croy 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 Petitioners seek annexation of the Property to the City in order to obtain
municipal services to support the Property; and
WHEREAS, the City desires to accept the annexation of the Property.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
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 certain lands owned by the Petitioners.
Section 2. This Ordinance shall take effect and be in force from and after the earliest date
permitted by law.
Passed this l~'~ day of ,~/tQ y'~~ 2009.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
SCHOTTENSTEIN
ZOXt;DUNN
MEIInR=L~DUM
TO: Dublin City Council
Terry D. Foegler, City Manager
FROM: Stephen J. Smith, Law Director
Jennifer D. Readier, Assistant Law Director
DATE: February 26, 2009
RE: Ordinance 09-09 Pre-Annexation Agreement for 8600 Hyland-Croy Road
(The Mullins Property)
INTRODUCTION:
Kevin and Jocelyn Mullins ("Mr. and Mrs. Mullins") are the owners of 5.660f acres of land
located on the east side of Hyland-Croy Road (8600 Hyland-Croy Road) in Jerome Township,
("the Property"). The Property is not in the City of Dublin ("the City") and does not have public
water and sewer service. This property is similar to a nearby property that was annexed by
Dublin in 2007 owned by Robert and Elaine Horr (8668 Hyland-Croy Road). Mr. and Mrs.
Mullins, through their attorney, David Hodge, approached the City with their desire to annex the
property to the City in order to obtain municipal services. Mr. Hodge requested the negotiation
of apre-annexation agreement prior to Ivlr. and IvIrs. Mullins filing an annexation petition with
the Union County Commissioners.
TERMS OF THE AGREEMENT:
The key terms of the Agreement are as follows:
I. Annexation: The City will accept the annexation and the City will waive its annexation
fees ($2,780) due to the fact that the property generally constitutes an island. If City
Council does not wish to waive its annexation fees, this section may be stricken. In 2007,
Council waived the annexation fees for the Horr annexation referenced above and the
Lorenz property, both of which are similar in nature to the present annexation.
2. Boundary Adjustment: Since the petition will be filed as a regular annexation, the City,
if desired, may chagge the underlying township designation from Jerome to Washington
for purposes of providing Washington Township fire and EMS services. The City may
accomplish this by filing a petition for a boundary adjustment, after the annexation is
effective, which will result in the Property conformigg to the Washington Township
boundaries. If such an option is exercised, the City will make reparation payments to
Jerome Township of a percentage of the Township taxes that would have been due to the
Township if the annexation had not taken place. Under the Agreement, Mr. and Mrs.
Mullins will compensate the City for all reparation payments made to the Township.
Ordinance 09-09 Pre-Annexation Agreement - 8600 Hyland-Croy Road
February 26, 2009
Page 2 of 2
3. Council Action: All of the obligations and commitments in the Agreement are subject to
Council approval.
REC011~ZA~ZENDATION:
The Law Department recommends approval of Ordinance 09-09 and upon approval of the
Ordinance, will forward a copy of the Pre-Annexation Agreement to the City Manager for
execution.
TERESA L.,M~~KHAM
Rr. rOa~,.?. ~.,,._,.; CO.. OHIO
2009 AUG - 5 P t~ ! ~ 21
,~~.0
36~1~6
PRE-ANNEXATION AGREEMENT
This Pre-Annexation Agreement ("Agreement") is entered into on/~/~ ~~ 2009, by and
between Kevin and Jocelyn Mullins ("the Petitioners") and the City of Dublin (" ublid'), an Ohio municipal
corporation, whose principal mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017 (referred to
collectively as "Parties").
RECITALS
WHEREAS, the Petitioners own certain real property located at 8600 Jerome Road in Jerome
Township ([he "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 Petitioners desire to annex the Property to Dublin in order to obtain municipal
services to support the Property; and
WHEREAS, Dublin desires to annex the Property,
NOW TEiEREFORE, in consideration of the mutuai promises and covenants contained herein, and
intending to be legally bound, the Parties hereby agree as follows:
1. Annexation: The Petitioners will submit an annexation petitian, pursuant to Ohio Revised Code
Section 709.02, to the Union County Commissioners and Dublin will accept the annexation of the Property
after the Commissioners' approval Dublin also agrees to waive its annexation fee for this parcel.
2. Boundary Adjustment: I[ is Dublin's intent to file a petition for a boundary adjustment after the
acceptance of the Property by City Council, which will result in the Property conforming to the Washington
Township boundaries. Such action will practically result in the exclusion of the Property from Jerome
Township's 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 amount; as follows:
Years I through 3 80.0%
Years 4 through 5 52~%
Years 6 through 10 40.0%
aR835 PG356
Years I I through IZ 275%
Aftervear (Z 0%
The Parties understand that these percentages may change if the use of the land is altered. The Petitioners
hereby agree to compensate Dublin for all reparations payments Dublin is rzquired to make to Jerome
Township. The Petitioners or their successors and assigns will pay any invoice presented [o thzm by Dublin
for such reparations within thirty (30) days of receipt of said invoice and Dublin will present such invoice as
soon as it becomes aware of the commencement of such reparations or initiates such reparations.
3. 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 nzcessary legislation and/or
motions by Council and the expiration of all refzrendum periods applicable thereto.
4. Amendments: This .4greement may be amended, modified, or changed only 6y a written agreement
properly executed by Parties.
~. Applicable Law: This Agreement shall be governed by, construed, and interpretzd in accordance with
the ordinances and Laws of Dublin, the State of Ohio and the United States, in that order.
6. Waivzr. 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 or"any default or any acquizscence
therein. No singlz 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.
7. 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 shzll be enforced to the greatest extent permitted
by law and the remainder of this Agreemzn[ and the application of such provision to other persons or
circumstances shall not be affected [hereby and shall be enforced to the greatest extent permitted by law.
8. Entire .4oreement. This Agreement constitutes the entire understanding of the parties hereto with
respect to the subject matter hereof and superedes 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.
9. Successors and Assigns. This Agreement shall run with the land and be binding upon and inure to the
benefit of the respective heirs, pzrsonal representatives, successors, transfzrees, and assigns of the parties
hereto.
10. Captions. The captions contained in this Agreement are included only for convenience of referencz
and do not detine, limit, explain or modify this Agreement or its interpretation, construction or meaning and
arc in no way to be construed as a part of this Agreement.
I I . Covenants Run With the Land. It is intended that the covenants, zasements, agreements, promises and
duties set forth in this Agreement shall be construed as covenants which run with the land.
~R835 PG357
l2. "termination of Liability Upon Transfer. If Petitioners should transfer their fee simple
interest in and ownership of the Property, then the liability of the transferor for the breach of any
covenant or provision contained in this Agreement, occurring after the date of such transfer, sha(1
automatically be terminated only upon City's approved written notice.
IN WITNESS WHEREOF, the undersigned have set their hand to duplicates hereof, on the day
and year first above written.
KEVIV vIULLINS ~
Petitioner '
~:
JOCELYN MULLINS
PetitioneL
_~ -
/~ /`'~~~
CITY OF DUBLIti
An Ohio Mya~al Co~ation
By:
Terry D. Fo
Its: City
pR835 ~G358
.HIi0~653? 1
STATE OF OHIO
COUNTY OF (-~~1,'~_ SS
Before me a Notary Public personally came Kevin Mullins, who acknowledged the
foregoing Agreement as his voluntary act and deed.
In Witness whereof I have hereunto subscribed my name and affixed my seal on this ~~T
day of ~, 2009. -
ip''~`~+i PAMELAJWH(THURST ~~ ~~ ~ ,~ ~ _ ~
,_ w .~
* NOTARY PUBLIC, STATE OF ONtO..,, \ \ , i
* MYCOMMlSS10NEXPtRES~6I0tI~t2Notary Public
~~,
TE OF OE{[O
COUi`ITYOF FY`(lm~(tf;.,~ SS
Before me a Notary Public personally came Jocelyn Mullins, who acknowledged the
foregoing Agreement as her voluntary act and deed.
In Witness whereof I have hereunto subscribed my name and affixed my seal on this ;~ ~
day of ~ ~ L , 2009.
t'`~`~c PAMEtA J `NMTHURST ~~ ~ w~
~ ~~~`
* NOTARY PUBLIC, S tRES OSI~~~
* My COMMISSIONEXP Notary Public
~~~~~
STATE OF OHIO
COUNTY OF FR.INKLIN: SS
Before me a Notary Public personally
corporation, by Terry Foegler, its City Manager,
his voluntary act and deed on behalf of the City.
came the City of Dublin, an Ohio municipal
who acknowledged the foregoing Agreement as
In Witness whereof I have
day of ~, 2009.
vEP
.~a00t`c `~a0 V^,~o
my name and affixed my seal on this ocltlFl
~ i' i
Owner! Leagl Description
Owner /Legal Description / 35%
Values
Pa~me!;i JiaiUS
Owner/Legal Desc
Adores ! Sairs
Charge 3asr,
Prior Years' Hisrory
;~cuse In/o
Cann Info
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Precious Record
:A~crt Record
Parcel Number:
Owner /Tax Lien Date
MULLINS KEV[N D
8600 HYLAND CROY RD
PLAIN CITY" OH 43064
Sate Date/Code/Amount
4(02/98
GWD
227000
Legal Description
JERONIE -DUBLIN LSD
44730
88230
132960
VMS 2925 SPLIT ACRES TO 137-00-00-043.000
OR 804 PG 218 SV 10-126
Property Class
Current Year RES-511
Next Year -
Information reflects
county records as oF:
3:45 am 08/01/2009
3J% Taxable Values
Land
Building
Total
Abatement
Land Market
Personal Property (Public litil
Homestead Discount Basis
Rollback:Land (Homesite)
Rollback: Building(House)
Rollback:Total
Nlail Sort Code 430649086
Rollback X
Legal Disclaimer
12250
73840
86090
Page 1 of I
8600 HYLP
PLAIN CIT
Acres Front Foy
5.6780
1
C
C
C
2.J% Rollback based on homesite +
$35 g~36 ~
http:!/realestate.co.union.oh.us/cgi-bin/db2wutiv.pgmlreq.mbr/D(?stam~~ 16:38:59&id=90 8/3/2009
place cursor here for information about this
Pate
17-
0024037.000
Transfer /Current Tar Year Transfer
MULLINS KEV[N D & JOCELYN
JT LIVES
8600 HYLAND CROY RD
PLAIN C[TY OH 43064
Sale Date/Code/Amount Sale I
l 2i09/OS
EX
MULLINS