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Ordinance 24-10RECORD OF ORDINANCES 24 -10 Ordinance No. Passed AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LAND EXCHANGE AGREEMENT WITH WASATCH PARTNERS, LLC. 20 WHEREAS, the City of Dublin desires to acquire the property depicted and described on the attached Exhibit "A" (the "Wasatch Property") from Wasatch Partners, LLC to incorporate into the adjacent City-owned park; and WHEREAS, in exchange for conveying the Wasatch Property to the City, Wasatch Partners, LLC has requested that the City convey to it the property depicted and described on the attached Exhibit `B" (the "City Property"); and WHEREAS, the City is willing to convey the City Property to Wasatch and desires to enter into a land exchange agreement with Wasatch Partners, LLC in substantially the same form as the agreement attached as Exhibit "C" for the purpose ofinemorializing the land exchange; and WHEREAS, Council finds it is in the best interest of the City to enter into the aforementioned land exchange agreement. NOW, THEREFORE, BE IT ORDAINED by the Counc of the City of Dublin, Franklin, Delaware and Union Counties, State of Ohio, of the elected members concurring, that: Section 1. Council hereby authorizes the City Manager to enter into a land exchange agreement with Wasatch Partners, LLC for the exchange of the Wasatch Property for the City Property and to execute any and all documents necessary to effectuate the land exchange agreement. Section 2. This Ordinance shall be effective on the earliest date provided by law. Passed this l s day of 2010. Mayor - Pr idi g 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 4.12(a) of the Revised Charter of the City of Dublin. puty Clerk of Council, Dublin, Ohio SZD MEMORANDUM TO Dublin City Council Terry Foegler, City Manager FROM Stephen Smith, Law Director Jennifer Readler Lesley Avery DATE: June 10, 2010 RE: Ordinance No. 24 -10 - Land Exchange Agreement with Wasatch Partners, LLC PROJECT BACKGROUND: This ordinance authorizes the City Manager to enter into a land exchange agreement with Wasatch Partners, LLC ( "Wasatch "). The City would like to reconfigure the City -owned park located along the banks of the Scioto River. In connection with this reconfiguration, the City desires to acquire an approximately 0.600 acre portion of property from Wasatch for purposes of incorporating it into this park. Wasatch is willing to agree to convey the property to the City provided that the City conveys to Wasatch a piece of City-owned property of similar size in the same general area. PROJECT DETAILS: The City and Wasatch entered into discussions regarding the exchange of properties near the City-owned park located along the Scioto River. The City would like to reconfigure the park by obtaining an approximately 0.600 acre portion of Wasatch's property along the western edge of the park. Wasatch is willing to convey this property to the City provided that the City conveys to Wasatch an approximately 0. 600 acre portion of the park along its northern boundary to Wasatch for incorporation into the Deer Run Estates subdivision. The material terms of the land exchange agreement include: • An exchange of land in fee simple as described above; • The City is not paying any cash at the closing in connection with the land exchange; • Wasatch to be responsible for the payment of real property taxes up to the date of closing. RECOMMENDATION: The Law Department recommends approval of Ordinance No. 24 -10 at its second reading /public hearing on July 1st. R n" 10 IT A �- i m aivle u r n 2740 East Main Street Bexley, Ohio 43209 -2577 (614) 235 -8677 March 24, 2010 Telefax (614) 235 -4559 Email: info @myerssurveying.com 0.600 Acres Part of Parcel 10- 60043307017000 And Parcel 273 - 001054 Situated in the State of Ohio, County of Delaware and Franklin, City of Dublin, being part of Virginia Military Survey Number 2545 and part of the 15.349 Acres conveyed to the Wasatch Partners, LLC in Official Record 494, Page 2604, Recorder's Office, Delaware County, Ohio and in Instrument 200404230091671, Recorder's Office, Franklin County, Ohio; Commencing at a railroad spike found at the southeast corner of Lot 11 of Deer Run Estates, as the same is numbered and delineated upon the record plat of record in Plat Book 18, Page 34, at the southwest corner of Reserve "A" of said Subdivision and in a northerly line of the City of Dublin, Ohio 12.000 Acre tract as conveyed in Deed Volume 630, Page 341 (Delaware County) and in Instrument 199710100117335 (Franklin County); Thence, across said 12.000 Acre tract, the following two (2) courses: South 24° 23' 40" East, 195.00 feet to an iron pipe set; 2. South 60° 20' 24" West, 130.74 feet to a point in a westerly line of said 12.000 Acre tract and in an easterly line of said 15.349 Acre tract; Thence, along an easterly line of said 15.349 Acre tract and a westerly line of said 12.000 Acre tract, South 24° 23' 40" East, 92.78 feet to an iron pipe set at the TRUE POINT OF BEGINNING of the herein described tract; Thence, continuing along an easterly line of said 15.349 Acre tract and a westerly line of said 12.000 Acre tract the following two (2) courses: (Continued) Page 2 0. 600 Acres Part of Parcel 10- 60043307017000 And Parcel 273 - 001054 1. South 24° 23' 40" East, 400.00 feet to 1 inch hollow iron pipe found with an orange cap inscribed "M -E ENG 5- 6872 "; 2. South 00° 09' 34" West, 142.08 feet to 1 inch hollow iron pipe found with an orange cap inscribed "M -E ENG 5- 6872 "; Thence, along a southerly line of said 15.349 Acre tract and a northerly line of said 12.000 Acre tract, South 59° 14' 19" West, 55.12 feet to an iron pipe set and for a reference, (continuing to the northeast corner of Memorial Drive 100 feet wide, as recorded in Plat Book 96, Page 31, Franklin County) continuing along said line, South 59° 14' 19" West, 312.48 feet; thence, along an easterly line of said 15.349 Acre tract and a westerly line of said 12.000 Acre tract, South 12° 23' 24" West, 12198 feet to the northeast corner of said Memorial Drive; Thence, across said 15.349 Acre tract, North 12° 23' 27" West, 547.31 feet to the point of beginning CONTAINING 0.600ACRES (0.523 Acres out of Parcel 10- 60043307017000 and 0.077 Acres out of Parcel 273- 001054), subject however to all legal highways, leases, agreements, easements, restrictions of record and of records in the respective utility offices. Iron pipes set are 30" x 1" O.D. with orange plastic caps inscribed P.S. 6579, unless otherwise noted. The foregoing description was prepared from actual field measurements in accordance with Chapter 4733 -37 Ohio Administrative Code in March 2010. Basis of bearings is the Ohio State Plane Coordinates (North Zone) based on the easterly line of said 15.349 Acre tract held as South 24° 23' 40" East.. Myers Surveying Co., Inc. Albert J. Myd � s, 6579 (112042009) `,..�� IJ1 ldJ/INdC�ISe _ s b Myers Surveying Company, Inc. 2740 East Main Street, Columbus 43209 (Bexley), Ohio 614 - 235 -8677 FAX:614- 235 -4559 A Boundary Survey prepared for and certified to: Wasatch Partners, LLC and /or City of Dublin, Ohio Legal Description: Situated in The State of Ohio, County of Delaware & Franklin, City of Dublin Being Part of Virginia Military Survey #2545 Posted Address: Dublin - Bellepoint Road (745), Dublin, Ohio DEER RUN ES TA TES P. B. 1 8, P. 3 4 N 15- . of P N 62 49 J E L0r I R 150 75' 0' 150' 8 288 ` � E s 6 '. 6255 R S 834 ae' 09 1, N Scale 1" =150 Date: 03/24/2010 5/8" re r fd. R.R. Spk. fd P.O.B. 600 Acres (out of Dublin tract) I" P. a.' ° " ,° f,a�aw "' P.O.C. 0. 00 Acres w/ orangge a LP. fd 'p � 6-6872"8 0 r sa, (out of asa tch tract) 0 �7 N N O I.P. set o ry4 I.P. set Parcel 10- 60043307017001 P.D.B. 0.600 Acres (out of Wasatch tract) D.V. 630, P. 341 Parcel 10- 60043307017000 / O.R. 494, P. 2604 O 0. City of Dublin, Ohio E— �a00.X 12.000 Acres p N Wasatch Partners, LLC 3 s _ 0.523 Acres in U 15.349 Acres r Delaware County U t„ naea+w Z I.P. H. gg °M -E E, G cop C!) 5- 6872" io P � 3 D ELA W ARE C J l ° n° o in N °d FRANKLIN CO. — _ 0.077 Acres in t" n,Naw Franklin County a I.P W. gg o 4P. set ,9 "M r -E ENa a p 5 9 �0r ,�,, s- 6872" / Parcel 273- 001054 5 yy Y Instrument 200404230091671 n$ Parce 29 — 009382 Instr, nt 1997 10 100 1 17335 VV�4 � B! i I 1 S f r9 tl0, b � 3 n e eeae � o o• eee •e ® B N N ` > =M ORIp � — .s. tP �t 1 00' - / a lij ;- We hereby certify that the foregoing Boundary Survey was prepared from actual .field Myers Surveying Co., Inc. measurements in accordance with Chapter 4733 -37 Ohio Administrative Code. Iron pipes set are 30 "xl" O.D. with an orange plastic plug inscribed "P.S. 6579 ", unless otherwise noted. Basis of By lie - bearings is the Ohio State Plane Coordinates (North Zone) based on the easterly line of said �f- -lcgiU 15.349 Acre tract held as South 24 23'40" East. Professional Surveyor Rec. Field DWG Ltr. Ck. Myers Order No. - 1- 12/04/2009 l.. i, nlf} flif }fhiff}ffuf,ifnlf,f,irftt}flll 200912041 M @rj9umZc0 9 „ PAN 2740 East Main Street Bexley, Ohio 43209 -2577 (614) 235 -8677 March 24, 2010 Telefax (614) 235 -4559 Email: info @myerssurveying.com 0.600 Acres Part of Parcel 10- 60043307017001 Situated in the State of Ohio, County of Delaware, City of Dublin, being part of Virginia Military Survey Number 2545 and part of the 12.000 Acres conveyed to the City of Dublin, Ohio in Deed Volume 630, Page 341, Recorder's Office, Delaware County, Ohio (all references made are of said Recorder's Office, unless otherwise noted), said 12.000 Acres also being recorded in Instrument 199710100117335, Recorder's Office, Franklin County, Ohio; Beginning at a railroad spike found at the southeast corner of Lot 11 of Deer Run Estates, as the same is numbered and delineated upon the record plat of record in Plat Book 18, Page 34, at the southwest corner of Reserve "A” of said Subdivision and in a northerly line of said 12.000 Acre tract; Thence, across said 12.000 Acre tract, the following two (2) courses: 1. South 24° 23' 40" East, 195.00 feet to an iron pipe set; 2. South 60° 20' 24" West, 130.74 feet to a point in a westerly line of said 12.000 Acre tract and in an easterly line of the Wasatch 15.349 Acre tract as conveyed in Official Record 494, Page 2604 (Delaware County) and in Instrument 200404230091671 (Franklin County); Thence, along a westerly line of said 12.000 Acre tract and an easterly line of said 15.349 Acre tract, North 24° 23' 40" West, 223.00 feet to a 1 inch hollow iron pipe found with an orange cap inscribed "M -E ENG S- 6872" (passing an iron pipe set for a reference at 10.00 feet) at the northwest corner of said 12.000 Acre tract, the northeast corner of said 15.349 Acre tract and in a southerly line of said Lot 11; Thence, along a northerly line of said 12.000 Acre tract and a southerly line of said Lot 11 the following three (3) courses: (Continued) Page 2 0. 600 Acres Part of Parcel 10- 60043307017001 1, South 81 ° 46' 09" East, 38.25 feet to a 1 inch hollow iron pipe found; 2. North 62° 55' 16" East, 82.88 feet to a 5/8 inch rebar found; 3. North 62° 49' 02" East, 15.20 feet to the place of beginning CONTAINING 0.600ACRES, subject however to all legal highways, leases, agreements, easements, restrictions of record and of records in the respective utility offices. Iron pipes set are 30" x 1" O.D. with orange plastic caps inscribed P.S. 6579, unless otherwise noted. The foregoing description was prepared from actual field measurements in accordance with Chapter 4733 -37 Ohio Administrative Code in March 2010. Basis of bearings is the Ohio State Plane Coordinates (North Zone) based on the easterly line of said 15.349 Acre tract held as South 24 23' 40" East. Myers Surveying Co., Inc. PLC Albert J. M 'ers, .S. 6579 (112042009) .� ALRER a Myers Surveying Company, Inc. 2740 East Main Street, Columbus 43209 (Bexley), Ohio 614 - 235 -8677 FAX:614- 235 -4559 A Boundary Survey prepared for and certified to: Wasatch Partners, LLC and/or City of Dublin, Ohio Legal Description: Situated in The State of Ohio, County of Delaware & Franklin, City of Dublin Being Part of Virginia Military Survey #2545 Posted Address: Dublin - Bellepoint Road (745), Dublin, Ohio DEER RUN ESTATES P. B. 1 8, P. 3 4 ,�y. E oti E „ P 4 L 0T r l , N6 2 Rz , S $ , L g8 ,6 ,E ES E 3 8.25 , N 62 Wasatch Partners, LLC s °as•os•• e d` 5/8" re r fd. R.R. Spk. fd P.D.B. (out of a 1P. RL g f., h.1— o I.P. fd - d 0 P.0. C. 0. °M E ENC 0. 5- 6672" y� nN�� (out of 0. 'I.P. W Fir 1�_y O 2a ✓ .Lp Alf tP. set S P.O.B. 0.600 Acres (out of Wasatch tract) I.P. a.t 4 15 75' 0 ' 150' Scale i" =150 Date: 03/24/2010 700 Acres Dublin tract) 700 Acres Wasatch tract) Parcel 10- 60043307017001 D.V. 630, P. 341 Parcel 10- 60043307017000 \ O.R. 494, P. 2604 , S / c' O aN X Wasatch Partners, LLC 3 d` 15.349 Acres N N Z V „f O D ELA W ARE C O, FRANKLIN CO. L11 O City of Dublin, Ohio ~- 12.000 Acres O 0.523 Acres in U — Delaware County 1" hoNOW N I.P. fd. g °M-E ENC cap S- 6672" 3 YBD �o a' CV o� 0 0.077 Acres fn i" h.mw Franklin County I wl or t w/ orange cop Parcel 273- 001054 Instrument 200404230091671 3 MEMD / N 5- 6872" s e 9 yeti " ag Parce 27S- Instr. nt 199710100117335 VV M //4 w� f "� f �v f Y � e � Ytl kA i 5; We hereby certify that the foregoing Boundary Survey was prepared from actual field measurements in accordance with Chapter 4733 -37 Ohio Administrative Code. Iron pipes set are 30 "xV O.D. with an orange plastic plug inscribed "P.S. 6579 ", unless otherwise noted. Basis of bearings is the Ohio State Plane Coordinates (North Zone) based on the easterly line of said 15.349 Acre tract held as South 24° 23'40" East. .® v FERT n° N Myers Surveying Co., Inc. B Professional Surveyor Myers Order No. - 1- 12/04/2009 L.1 1111111 1111 pil 111/111111 1111111111111111111 200912041 EXHIBIT A frfuersPnrm COMPANY 2740 East Main Street Bexley, Ohio 43209 -2577 (614) 235 -8677 March 24, 2010 Telefax (614) 235 -4559 Email: info @myerssurveying.com 0.600 Acres Part of Parcel 10- 60043307017000 And Parcel 273 - 001054 Situated in the State of Ohio, County of Delaware and Franklin, City of Dublin, being part of Virginia Military Survey Number 2545 and part of the 15.349 Acres conveyed to the Wasatch Partners, LLC in Official Record 494, Page 2604, Recorder's Office, Delaware County, Ohio and in Instrument 200404230091671, Recorder's Office, Franklin County, Ohio; Commencing at a railroad spike found at the southeast comer of Lot 11 of Deer Run Estates, as the same is numbered and delineated upon the record plat of record in Plat Book 18, Page 34, at the southwest comer of Reserve "A" of said Subdivision and in a northerly line of the City of Dublin, Ohio 12.000 Acre tract as conveyed in Deed Volume 630, Page 341 (Delaware County) and in Instrument 199710100117335 (Franklin County); Thence, across said 12.000 Acre tract, the following two (2) courses: 1 South 24° 23' 40" East, 195.00 feet to an iron pipe set; 2. South 60° 20' 24" West, 130.74 feet to a point in a westerly line of said 12.000 Acre tract and in an easterly line of said 15.349 Acre tract; Thence, along an easterly line of said 15.349 Acre tract and a westerly line of said 12.000 Acre tract, South 24° 23' 40" East, 92.78 feet to an iron pipe set at the TRUE POINT OF BEGINNING of the herein described tract; Thence, continuing along an easterly line of said 15.349 Acre tract and a westerly line of said 12.000 Acre tract the following two (2) courses: (Continued) Page 2 0. 600 Acres Part of Parcel 10- 60043307017000 And Parcel 273 - 001054 1, South 24° 23' 40" East, 400.00 feet to 1 inch hollow iron pipe found with an orange cap inscribed "M -E ENG 5- 6872 "; 2. South 00° 09' 34" West, 142.08 feet to 1 inch hollow iron pipe found with an orange cap inscribed "M -E ENG 5- 6872 "; Thence, along a southerly line of said 15.349 Acre tract and a northerly line of said 12.000 Acre tract, South 59 14' 19" West, 55.12 feet to an iron pipe set and for a reference, (continuing to the northeast corner of Memorial Drive 100 feet wide, as recorded in Plat Book 96, Page 31, Franklin County) continuing along said line, South 59° 14' 19" West, 312.48 feet; thence, along an easterly line of said 15.349 Acre tract and a westerly line of said 12.000 Acre tract, South 12° 23' 24" West, 121.98 feet to the northeast corner of said Memorial Drive; Thence, across said 15.349 Acre tract, North 12° 23' 27" West, 547.31 feet to the point of beginning CONTAINING 0.600 ACRES (0.523 Acres out of Parcel 10- 60043307017000 and 0.077 Acres out of Parcel 273- 001054), subject however to all legal highways, leases, agreements, easements, restrictions of record and of records in the respective utility offices. Iron pipes set are 30" x 1" O.D: with orange plastic caps inscribed P.S. 6579, unless otherwise noted. The foregoing description was prepared from actual field measurements in accordance with Chapter 4733 -37 Ohio Administrative Code in March 2010. Basis of bearings is the Ohio State Plane Coordinates (North Zone) based on the easterly line of said 15.349 Acre tract held as South 24 23' 40" East. Myers Surveying Co., Inc. Albert J. Myers, , . 6579 (112042009) ,iaoJIIJ4Y .- •:�.x: �.s, �a'� <1 f n; let Myers Surveying Company, Inc. 2740 East Main Street, Columbus 43209 (Bexley), Ohio 614 -235 -8677 FAX:614- 235 -4559 A Boundary Survey prepared for and certified to: Wasatch Partners, LLC and/or City of Dublin, Ohio Legal Description: Situated in The State of Ohio, County of Delaware & Franklin, City of Dublin Being Part of Virginia Military Survey #2545 Posted, Address: Dublin - Bellepoint Road (745), Dublin, Ohio DEER R UN P. B. 1 8, L 0 T 1 N ESTATE S P. 3 LF o � P N 62 4 � E R 5/8" re9pr fd „j'_R.R. Spk. fd I" hl- UP. td 1" frofow O "/ orange a I.P. fd ", ENG S- 6872" y� 0� 'per Q City of Dublin, Ohio �-- b 0 r 12.000 Acres p LP. set N LP. set _ 'r N P.O.B. 0.600 Acres (out of Wasatch tract) Parcel 10- 60043307017000 O.R. 494, P. 2604 Wasatch Partners, LLC - 15.349 Acres LP set P.O.B. 0 (out of P.Q.C. 0. (out of 4& 150' Scale 1 =150' Date: 03124/2010 600 Acres Dublin tract) 500 Acres asatch tract) Parcel 10- 60043307017001 D.V. 630, P. 341 \sS \- \ O City of Dublin, Ohio �-- a 12.000 Acres p N 0.523 Acres in _ 'r N Delaware County N 1y Z V 1" hDHDw LP. td. w/ o"T9e cop s ee7z " O o o i D ELA W ARE C O. i o C-; I FRANKLIN CO. 0.077 Acres in t^ hdmw Franklin County y LP fd LP. set ,9 "M –E ENG cup _- 1b f 5 -6872" / Parcel 273- 001054 S Instrument 200404230091671 ng Parce 27S-101382 Instr _wnnt 199710100117335 3 �i C- OF v ff , • ' /V f ` ° , ;4LDF-EZT CRk / � r�.. fir. ��" "" • e 6 We hereby certify that the foregoing Boundary Survey was prepared from actual field Myers Surveying Co., Inc. measurements in accordance with Chapter 4733 -37 Ohio Administrative Code. Iron pipes set are 30 "xl" O.D. with an orange plastic plug inscribed "P.S. 6579 ", unless otherwise noted. Basis of By bearings is the Ohio State Plane Coordinates (North Zone) based on the easterly line of said 15 -349 Acre tract held as South 24° 23'40" East. Professional Surveyor Myers Order No. - I- 171/04/2009 [if if lllff till ff lflfffffllfflflllffffl,flffflll 200912041 ■ • mw I ■ i� n1 crsg� o� y COMPAN J 2740 East Main Street Bexley, Ohio 43209 -2577 (614) 235 -8677 March 24, 2010 Telefax (614) 235 -4559 Email: info @myerssurveying.com 0.600 Acres Part of Parcel 10- 60043307017001 Situated in the State of Ohio, County of Delaware, City of Dublin, being part of Virginia Military Survey Number 2545 and part of the 12.000 Acres conveyed to the City of Dublin, Ohio in Deed Volume 630, Page 341, Recorder's Office, Delaware County, Ohio (all references made are of said Recorder's Office, unless otherwise noted), said 12.000 Acres also being recorded in Instrument 199710100117335, Recorder's Office, Franklin County, Ohio; Beginning at a railroad spike found at the southeast corner of Lot 11 of Deer Run Estates, as the same is numbered and delineated upon the record plat of record in Plat Book 18, Page 34, at the southwest corner of Reserve "A" of said Subdivision and in a northerly line of said 12.000 Acre tract; Thence, across said 12.000 Acre tract, the following two (2) courses: 1. South 24° 23' 40" East, 195.00 feet to an iron pipe set; 2. South 60° 20' 24" West, 130.74 feet to a point in a westerly line of said 12.000 Acre tract and in an easterly line of the Wasatch 15.349 Acre tract as conveyed in Official Record 494, Page 2604 (Delaware County) and in Instrument 200404230091671 (Franklin County); Thence, along a westerly line of said 12.000 Acre tract and an easterly line of said 15.349 Acre tract, North 24° 23' 40" West, 223.00 feet to a 1 inch hollow iron pipe found with an orange cap inscribed "M -E ENG S- 6872" (passing an iron pipe set for a reference at 10.00 feet) at the northwest corner of said 12.000 Acre tract, the northeast corner of said 15.349 Acre tract and in a southerly line of said Lot 11; Thence, along a northerly line of said 12.000 Acre tract and a southerly line of said Lot 11 the following three (3) courses: (Continued) Page 2 0. 600 Acres Part of Parcel 10- 60043307017001 1, South 81 ° 46' 09" East, 3 8.25 feet to a 1 inch hollow iron pipe found; 2. North 62° 55' 16" East, 82.88 feet to a 5/8 inch rebar found; 3. North 62° 49' 02" East, 15.20 feet to the place of beginning CONTAINING 0.600ACRES, subject however to all legal highways, leases, agreements, easements, restrictions of record and of records in the respective utility offices. Iron pipes set are 30" x 1" O.D. with orange plastic caps inscribed P.S. 6579, unless otherwise noted. The foregoing description was prepared from actual field measurements in accordance with Chapter 4733 -37 Ohio Administrative Code in March 2010. Basis of bearings is the Ohio State Plane Coordinates (North Zone) based on the easterly line of said 15.349 Acre tract held as South 24° 23' 40" East. Myers Surveying Co., Inc. Albert J • M nOS. 6579 (112042009) ar�dd 11 aA A yH r `.� ERs �x ,,r Myers Surveying Company, Inc. 2740 East Main Street, Columbus 43209 (Bexley), Ohio 614 - 235 -8677 FAX:614- 235 -4559 A Boundary Survey prepared for and certified to: Wasatch Partners, LLC and/or City of Dublin, Ohio Legal Description: Situated in The State of Ohio, County of Delaware & Franklin, City of Dublin Being Part of Virginia Military Survey #2545 Posted Address: Dublin- Bellepoint Road (745), Dublin, Ohio DEER RUN ESTA TES P. B. 1 8, P. 3`4 ,,b.. 02 P L O T 1 1 , X2 88 I6 , E 3 .25 , N ba M-E 7 ii V .. i g ENG yl P.O.B. 0.600 Acres (out of Wasatch tract) I.P. set 4 150' 75' - 0' 150' Scale 1 =150 Date: 03/24/2010 300 Acres Dublin tract) 100 Acres Fasatch tract) Parcel 10- 60043307017001 D.V. 630, P. 341 Parcel 10- 60043307017000 P O,B \ O.R. 494, P. 2604 i °00• r� O �0 1 Wasatch Partners, LLC a s 15.349 Acres Yi V z � ° O DELAWARE CO. ° FRANKLIN Co- w O City of Dublin, Ohio �- 12.000 Acres O 0.523 Acres in CJ -- Delawore County N h.H.. LP. fd ga 5 -6872" 3 a � n0 oN o � 0.071 Acres ui I" i N... Franklin County vt I.P. fd I.P. set ,9 �M-E ENG �� FJ9 .�A , e Y i 5- 6672" Parcel 273- 001054 S G)�• Instrument 200404230091571 ng Parce 275 3� Instr nt 1997101OD117335 1 4' o QF N �� Aj- (P. SAS g PA p. We hereby certify that the foregoing Boundary Survey was prepared from actual field measurements in accordance with Chapter 4733 -37 Ohio Administrative Code. Iron pipes set are 30 "xl" O.D. with an orange plastic plug inscribed "P.S. 6579 ", unless otherwise noted. Basis of bearings is the Ohio State Plane Coordinates (North Zone) based on the easterly line of said 15.349 Acre tract held as South 24° 23'40" East. tJ 62 4 � E 5 R / r 1d R.R. Spk. fd ° P P O,B (out of 4V ° A Myers Surveying Co., Inc. By 6 1,1 41 u y- -Li'iU Professional Surveyor Myers Order No. - 1- 12/04/2009 {II ILIIII LI TILL I { { {If itI IIILLI I {{ 200912041 EXHIBIT C AGREEMENT FOR THE EXCHANGE OF LAND THIS AGREEMENT FOR THE EXCHANGE OF LAND (this "Agreement ") is made and entered into on this day of , 2010 (the "Effective Date "), by and between Wasatch Partners, LLC, an Ohio limited liability company (the "Company"), whose mailing address is 330 W. Spring Street, Suite 400, Columbus, Ohio 43215, and the City of Dublin, Ohio, an Ohio municipal corporation (the "City "), whose mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017. The City and the Company may hereinafter be referred to individually as a "Party ", or collectively as the "Parties." Background Information A. The City is the owner of certain real property consisting of approximately 12 acres of land located in both Delaware County and Franklin County, known as Delaware County Auditor's Parcel Number 60043307017001 and Franklin County Auditor's Parcel Number 293- 0093 82 ( "City Property "). B. The Company is the owner of certain real property consisting of approximately 15.349 acres of land located in both Delaware County and Franklin County, known as Delaware County Auditor's Parcel Number 10- 60043307017000 and Franklin County Auditor's Parcel Number 273 - 001054 ( "Company Property"), which is located adjacent to the City Property. C. The City desires to acquire a 0.600 acre portion of the Company Property to incorporate into the park located on the City Property, which portion is depicted and described on the attached Exhibit A (the "Company Exchange Parcel "). D. The Company will convey the Company Exchange Parcel to the City, provided that the City simultaneously conveys to the Company a 0.600 acre portion of the City Property, which portion is also depicted and described on the attached Exhibit A (the "City Exchange Parcel "). E. The Parties desire to exchange properties pursuant to the terms and conditions set forth in this Agreement. Statement of Agreement NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the foregoing Background Information and as follows: ARTICLE I EXCHANGE OF LAND 1.01 Transfer The City agrees that it shall cause the City Exchange Parcel to be transferred and deeded to the Company, and the Company agrees that it shall cause the Company Exchange Parcel to be transferred and deeded to the City, upon the terms and conditions of this {H1896497.2 } Agreement. The Parties agree that no cash will be paid by or to either Party except as otherwise provided for in this Agreement. The City and the Company agree that the exchange of the properties is a money -free exchange, and for the purposes of such exchange, the City Exchange Parcel and the Company Exchange Parcel are considered to be of equal value such that neither Party shall be required to pay a purchase price to the other Party in connection with the exchange. 1.02 Surveys The Parties have obtained a boundary survey of the City Exchange Parcel and the Company Exchange Parcel, which is attached to this Agreement as Exhibit A. The Parties acknowledges that each has reviewed and approved Exhibit A. 1.03 Contingencies This Agreement shall be contingent upon (a) the City obtaining the approval of the Dublin City Council within sixty (60) days following the Effective Date ( "Contingency Period "), and (b) the City and the Company obtaining the requisite approvals from the appropriate governmental authorities for the lot splits necessary to split the City Exchange Parcel from the City Property and to split the Company Exchange Parcel from the Company Property. ARTICLE II EVIDENCE OF TITLE 2.01 Title Examination (a) The City may obtain, at its own expense, a letter report ( "Letter Report") or an ALTA Commitment for Title Insurance (19 66) (the "Title Commitment ") issued by Stewart Title Guaranty Company ( "Title Insurance Company"), which Letter Report or Title Commitment must show all recorded liens and encumbrances affecting the Company Exchange Parcel and include copies of all documents referenced in the Letter Report or Title Commitment. The Letter Report or Title Commitment obtained by the City must show in the Company good and marketable title to the Company Exchange Parcel, free and clear of all liens, charges, encumbrances and clouds of title, whatsoever, except the following ( "Permitted Encumbrances "): (a) Those created or assumed by the City; (b) Zoning ordinances; (c) Legal highways and public rights -of -way; (c) Real estate taxes which are liens on the respective properties, but which are not yet due and payable; and (d) Covenants, restrictions, conditions and easements of record acceptable to the City. The Letter Report or the Title Commitment, as the case may be, must fully and completely disclose all easements, rights -of -way, and any appurtenant rights and easements affecting the Company Exchange Parcel, as applicable, and show the results of a special tax search and examination for any financing statements filed of record which may affect the properties. {H7896497.2 } 2 (b) The Company may obtain, at its own expense, a Letter Report or Title Commitment issued by the Title Insurance Company, which Letter Report or Title Commitment must show all recorded liens and encumbrances affecting the City Exchange Parcel and include copies of all documents referenced in the Letter Report or Title Commitment. The Letter Report or Title Commitment obtained by the Company must show in the City good and marketable title to the City Exchange Parcel, free and clear of all liens, charges, encumbrances and clouds of title, whatsoever, except the following ( "Permitted Encumbrances "): (a) Those created or assumed by the Company; (b) Zoning ordinances; (c) Legal highways and public rights -of -way; (c) Real estate taxes which are liens on the respective properties, but which are not yet due and payable; and (d) Covenants, restrictions, conditions and easements of record acceptable to the Company. The Letter Report or the Title Commitment, as the case may be, must fully and completely disclose all easements, rights -of -way, and any appurtenant rights and easements affecting the City Exchange Parcel, as applicable, and show the results of a special tax search and examination for any financing statements filed of record which may affect the properties. 2.02 Title Insurance At the Closing (as hereinafter defined), each Party shall have the right to purchase, at its own expense, title insurance coverage for the property to which each respective Party will be taking title. 2.03 Title Defects (a) In the event that an examination of either the Title Commitment /Letter Report discloses any matter adversely affecting title to the Company Exchange Parcel, or if title to the Company Exchange Parcel is not marketable, as determined by Ohio law with reference to the Ohio State Bar Association's Standards of Title Examination, or if the Company Exchange Parcel is subject to liens, encumbrances, easements, conditions, restrictions, reservations or other matters not specifically excepted by the terms of this Agreement (the "Company Parcel Defects "), the City shall provide the Company with written notice of the Company Parcel Defects to which the City objects. The Company shall have ten (10) days following receipt of the written notice to cure or remove the Company Parcel Defects to the reasonable satisfaction of the City. The Company specifically agrees, pursuant to the terms of the Letter Agreement that, at the Closing, the Company shall satisfy or file a partial mortgage release for any mortgages or liens affecting the Company Exchange Parcel. (b) In the event that an examination of either the Title Commitment /Letter Report discloses any matter adversely affecting title to the City Exchange Parcel, or if title to the City Exchange Parcel is not marketable, as determined by Ohio law with reference to the Ohio State Bar Association's Standards of Title Examination, or if the City Exchange Parcel is subject to liens, encumbrances, easements, conditions, restrictions, reservations or other matters not specifically excepted by the terms of this Agreement (the "City Parcel Defects "), the Company shall provide the City with written notice of the City Parcel Defects to which the Company {H1896497.2) 3 objects. The City shall have ten (10) days following receipt of such written notice to cure or remove any such City Parcel Defects to the reasonable satisfaction of the Company. ARTICLE III CLOSING; POSSESSION 3.01 Closing Date The property exchange contemplated herein shall be closed within thirty (30) days following the termination of the Contingency Period, which Closing date may be extended in writing by mutual agreement of the Parties and shall be extended by such time as is necessary to cure any Company Parcel Defects and City Parcel Defects. The Closing shall be at such time and place as the City and the Company may mutually agree upon. 3.02 Limited Warranty Deed At the Closing, the City shall convey to the Company fee simple title to the City Exchange Parcel, and the Company shall convey to the City fee simple title to the Company Exchange Parcel, by validly executed, recordable limited warranty deeds, free and clear of all liens and encumbrances, except the Permitted Encumbrances applicable to each parcel. 3.03 Adjustments at Closing At the Closing, the City and the Company shall apportion, adjust, prorate and pay the following items in the manner hereinafter set forth: (a) Real Estate Taxes and Assessments The Company agrees that it is responsible for the real estate taxes assessed against the Company Exchange Parcel during the 2010 calendar year, up to and including the date of Closing, and preceding calendar years. If the City receives a tax bill for the Company Exchange Parcel for taxes assessed prior to the date of Closing, the Company shall reimburse the City for the amount of the taxes reflected on the tax bill and applicable to the period of time prior to the date of Closing. This reimbursement must be made within thirty (30) days after receipt of written notice from the City requesting reimbursement and providing a copy of the tax bill. (b) The City's Expenses At the Closing (unless previously paid), the City shall pay all costs incurred by the City in connection with the acquisition of the Company Exchange Parcel, including the fees for recording the deed for the Company Exchange Parcel. (c) The Coin n At the Closing (unless previously paid), the Company shall pay all costs incurred by the Company in connection with the acquisition of the City Exchange Parcel, including the fees for recording the deed for the City Exchange Parcel and any releases necessary to release any liens encumbering the Company Exchange Parcel. (d) Brokers Each Party represents and warrants to the other Party that neither Party has dealt with any real estate broker or real estate company that is {H1896497.2 } 4 claiming, or which may be entitled to claim, a commission or fee for services relating to this Agreement. 3.04 Other Documents The Parties agree that such other documents as may be legally necessary or appropriate to carry out the terms of this Agreement shall be executed by the appropriate party at Closing. ARTICLE IV WARRANTIES AND REPRESENTATIONS OF COMPANY 4.01 Warranties and Representation of the Company The Company represents and warrants as follows: (a) No other person or entity other than the Company currently owns or has any legal or equitable interest in the Company Exchange Parcel and no other person or entity other than the City has or will have any right to acquire the Company Exchange Parcel, or any portion thereof; (b) Company is the owner of title to the Company Exchange Parcel, free and clear of any third -party lien; (c) Neither the Company nor any agent, employee or representative of the Company, has received any notice or notices, either orally or in writing, from any municipal, county, state or any other governmental agency or body, of any zoning, fire, health, environmental or building violation, or violation of any laws, ordinances, statutes or regulations relating to pollution or environmental standards, which have not previously been disclosed to the City or otherwise corrected; (d) The execution, delivery and performance of this Agreement, and the consummation of the transaction contemplated hereby, will not result in any breach of, or constitute any default under, or result in the imposition of any lien or encumbrance against the Company Exchange Parcel, under any agreement or other instrument to which the Company is a party or by which the Company might be bound; (e) The execution, delivery and performance by the Company of this Agreement and the performance by the Company of the transactions contemplated hereunder, and the conveyance and delivery by the Company to the City of possession and title to the Company Exchange Parcel have each been duly authorized by such persons or authorities as may be required, and on the date of Closing, the Company shall provide the City with certified resolutions, or other instruments, in form satisfactory to the City, evidencing such authorization; {HI896497.2 } 5 (f) Through and until the date of Closing, the Company shall not enter into any easement, lease or other contract pertaining to the Company Exchange Parcel without the prior written consent of the City; (g) (i) The Company has not used, generated, discharged, released or stored, and will not use, generate, discharge, release or store, any Hazardous Substances on, in or under the Company Exchange Parcel, and has received no notice and has no knowledge of the presence in, on or under the Company Exchange Parcel of any such Hazardous Substances; (ii) to the best of the Company's knowledge, there are no, and will not be, any underground storage tanks at the Company Exchange Parcel, whether owned by the Company or its predecessors in interest; and (iii) to the best of the Company's knowledge, there are no Hazardous Substances, and will not be, on, in or under the Company Exchange Parcel. "Hazardous Substances" means all "hazardous substances" (as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. paragraph 9601 et seq. and the regulations promulgated pursuant thereto, as amended); any other toxic or hazardous waste, material or substance as defined under any other federal, state or local law, rule, regulation or ordinance; petroleum products; asbestos and asbestos - containing material; mold; electrical equipment which contains any oil or dielectric fluid containing polychlorinated biphenyls; and any other pollutant or environmental contaminant; and (h) The Company is not a "Foreign Person" as that term is defined in the Foreign Investment in Property Tax Act. All representations and warranties set forth in this Article IV shall be true and correct as of the Effective Date and as of the date of Closing, and at Closing, if requested by the City, the Company shall certify the same, in writing, in form reasonably requested by the City. 4.02 Breach of Warranties Prior to Closing If, during the pendency of this Agreement, the City determines that any warranty or representation given by the Company under this Agreement shall be untrue, incorrect or misleading, in whole or in part, the same shall constitute a default by the Company. In such event, the City may give written notice thereof and shall have all rights and remedies available to the City, at law or in equity, including, but not limited to, the right to terminate this Agreement and receive compensation for damages or to proceed to Closing for the completion of this transaction. ARTICLE V MISCELLANEOUS PROVISIONS 5.01 Notices Notice from one Party to another relating to this Agreement is effective if made in writing and delivered to the recipient's address set forth below by any of the following means: (i) hand delivery, (ii) registered or certified U.S. mail, postage prepaid, with return {H 1896497.2 } 6 receipt requested, or (iii) Federal Express, UPS, or like overnight courier service. Notice made in accordance with this Section 5.01 is delivered upon receipt or refusal of receipt. The Parties agree that electronic mail shall not constitute a permitted form of notice under this Section 5.01. All notices shall be addressed as follows: (a) If intended for the Company, to Wasatch Partners, LLC 330 W. Spring St Suite 400 Columbus, Ohio 43215 Attn. Robert Walter" (b) If intended for the City, to City of Dublin 5200 Emerald Parkway Dublin, Ohio 43017 Attn: Terry Foegler, City Manager With a copy to Schottenstein, Zox & Dunn Co., LPA 250 West Street Columbus, Ohio 43215 Attn: Stephen T Smith, Law Director 5.02 Survival The terms of this Agreement shall not be cancelled by performance under this Agreement, but shall survive the Closing and the delivery of the deeds of conveyance. 5.03 Governing Law This Agreement is being executed and delivered in the State of Ohio and shall be construed and enforced in accordance with the laws of the State of Ohio. For all litigation, disputes and controversies which may arise out of or in connection with this Agreement, the undersigned hereby waive the right to trial by jury and consent to the jurisdiction of the courts of Franklin County, Ohio. 5.04 Entire Agreement This Agreement constitutes the entire contract between the Parties, and may not be modified except by an instrument in writing signed by both Parties, and this Agreement supersedes all previous agreements, written or oral, if any, between the Parties. 5.05 Time of Essence Time is of the essence of this Agreement in all respects. 5.06 Binding Effect This Agreement shall be binding upon and inure to the benefit of the Parties, their respective heirs, legal representatives, successors and assigns. 5.07 Invalidity In the event that any provision of this Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. {H1896497.2 } 7 5.08 Waiver No waiver of any of the provisions of this Agreement shall be deemed, nor shall the same constitute a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing waiver. No waiver shall be binding, unless executed, in writing, by the Party making the waiver, 5.09 Headings The section headings contained in this Agreement are for convenience only and shall not be considered for any purpose in construing this Agreement. As used in this Agreement, the masculine, feminine and neuter genders, and the singular and plural numbers shall be each deemed to include the other whenever the context so requires. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. CITY: CITY OF DUBLIN, OHIO, an Ohio municipal corporation U Terry Foegler, City Manager Approved as to Form: Stephen J. Smith, Law Director WASATCH PARTNERS, LLC, an Ohio limited liability company By Print Name: Its: {H18964972 } 8 EXHIBIT A Survey and Legal Descriptions of the City Exchange Parcel and the Company Exchange Parcel (To be attached.) {H1896497.2 } fflunr -cL i 7RmMrn t n1 m —m -- 2740 East Main Street Bexley, Ohio 43209 -2577 (614) 235 -8677 March 24, 2010 Telefax (614) 235 -4559 Email: info @myerssurveying.com 0.600 Acres Part of Parcel 10- 60043307017000 And Parcel 273 - 001054 Situated in the State of Ohio, County of Delaware and Franklin, City of Dublin, being part of Virginia Military Survey Number 2545 and part of the 15.349 Acres conveyed to the Wasatch Partners, LLC in Official Record 494, Page 2604, Recorder's Office, Delaware County, Ohio and in Instrument 200404230091671, Recorder's Office, Franklin County, Ohio; Commencing at a railroad spike found at the southeast corner of Lot 11 of Deer Run Estates, as the same is numbered and delineated upon the record plat of record in Plat Book 18, Page 34, at the southwest corner of Reserve "A" of said Subdivision and in a northerly line of the City of Dublin, Ohio 12.000 Acre tract as conveyed in Deed Volume 630, Page 341 (Delaware County) and in Instrument 199710100117335 (Franklin County); Thence, across said 12.000 Acre tract, the following two (2) courses: South 24° 23' 40" East, 195.00 feet to an iron pipe set; 2. South 60° 20' 24" West, 130.74 feet to a point in a westerly line of said 12.000 Acre tract and in an easterly line of said 15,349 Acre tract; Thence, along an easterly line of said 15.349 Acre tract and a westerly line of said 12.000 Acre tract, South 24° 23' 40" East, 92.78 feet to an iron pipe set at the TRUE POINT OF BEGINNING of the herein described tract; Thence, continuing along an easterly line of said 15.349 Acre tract and a westerly line of said 12.000 Acre tract the following two (2) courses: (Continued) Page 2 0. 600 Acres Part of Parcel 10- 60043307017000 And Parcel 273 - 001054 1. South 24° 23' 40" East, 400.00 feet to 1 inch hollow iron pipe found with an orange cap inscribed "M -E ENG 5- 6872 "; 2. South 00° 09' 34" West, 142.08 feet to 1 inch hollow iron pipe found with an orange cap inscribed "M -E ENG 5- 6872 "; Thence, along a southerly line of said 15.349 Acre tract and a northerly line of said 12.000 Acre tract, South 59° 14' 19" West, 55.12 feet to an iron pipe set and for a reference, (continuing to the northeast corner of Memorial Drive 100 feet wide, as recorded in Plat Book 96, Page 31, Franklin County) continuing along said line, South 59° 14' 19" West, 312.48 feet; thence, along an easterly line of said 15.349 Acre tract and a westerly line of said 12.000 Acre tract, South 12° 23' 24" West, 121.98 feet to the northeast corner of said Memorial Drive; Thence, across said 15.349 Acre tract, North 12° 23' 27" West, 547.31 feet to the point of beginning CONTAINING 0.600 ACRES (0.523 Acres out of Parcel 10- 60043307017000 and 0.077 Acres out of Parcel 273- 001054), subject however to all legal highways, leases, agreements, easements, restrictions of record and of records in the respective utility offices. Iron pipes set are 30" x 1" O.D. with orange plastic caps inscribed P.S. 6579, unless otherwise noted. The foregoing description was prepared from actual field measurements in accordance with Chapter 4733 -37 Ohio Administrative Code in March 2010. Basis of bearings is the Ohio State Plane Coordinates (North Zone) based on the easterly line of said 15.349 Acre tract held as South 24° 23' 40" East. Myers Surveying Co., Inc. ��Z��- Albert J. Mye s, 1{l. 6579 (112042009) y ;1:JddJ4edJ - F _ Pf E Myers Surveying Company, Inc. 2740 East Main Street, Columbus 43209 (Bexley), Ohio 614 - 235 -8677 FAX:614- 235 -4559 A Boundary Survey prepared for and certified to: Wasatch Partners, LLC and /or City of Dublin, Ohio Legal Description: Situated in The State of Ohio, County of Delaware & Franklin, City of Dublin Being Part of Virginia Military Survey #2545 Posted Address: Dublin- Bellepoint Road (745), Dublin, Ohio DEER R UN ESTA TE P. B. 1 8, P. 3 4 O.R. 494, P. 2604 0. N 62 J ti L 0 T 1 1 N ¢ � 55 X5 6 R 3 8.25 , N bz N ' 87 °46' 09•' E Wasatch Partners, LLC 3 5/8" re fd R. Spk m I holow LP. fd Bg 1" troAaw "ME 0c., c LP. fd O p S- 6872" y� 0 ,•+�,�� o ° 0 0 N N N N 0 I.P. set z U .� LP. set S 6 , ,L0, 1 J) h P.O.B. 0.600 Acres (out of Wasatch tract) tP. aet „ P I& 150' 75' 0' 150' �+ Scale 1" =150' Date: 03/24/2010 P.O.B. 600 Acres (out of Dublin tract) P.O.C. 0. 00 Acres (out of asatch tract) Parcel 10- 60043307017001 D.V. 630, P. 341 Parcel 10- 60043307017000 \ O.R. 494, P. 2604 a City of Dublin, Ohio E-- t. 12.000 Acres p N Wasatch Partners, LLC 3 " 0.523 Acres in _ 15.349 Acres N Delaware County U N z U .� t^ hoH LP. fd J) h ge "M-E ENG ooP ° 5 -6672" ° D ELA W ARE C O ° Z" N FRANKLIN C0 _ 0.077 Acres in N" hoNOw Franklin County LP. or LP. set w/ or ,9 9 1ti E33 S -6872" / Parcel 273 - 001054 5 9 �Fj• Instrument 200404230091671 4a Parce 27S- -- 1 - 01 - 182 2 '. Instr, nt 1997101001100111 7335 2 5g5 / 3 vMM�g4 +4,,`ypN17F �/ 9f i � _ RIq� - y {P S � P o �¢U We hereby certify that the foregoing Boundary Survey was prepared from actual field measurements in accordance with Chapter 4733 -37 Ohio Administrative Code. Iron pipes set are 30 "xl" O.D. with an orange plastic plug inscribed "P.S. 6579 ", unless otherwise noted. Basis of bearings is the Ohio State Plane Coordinates (North Zone) based on the easterly line of said 15.349 Acre tract held as South 24° 23'40" East. • • ® bO l V Ir v y . t ALBER1 X. Myers Surveying Co., Inc. By yr- -Zc >iU Professional Surveyor Myers Order No. - 1- 12/04/2009 LNLIItAAAIIAAfL6ANNAflAALII 200912041 Mq@rs.9TM00pg CO 2740 East Main Street Bexley, Ohio 43209 -2577 (614) 235 -8677 March 24, 2010 Telefax (614) 235 -4559 Email: info @myerssurveying, com 0.600 Acres Part of Parcel 10- 60043307017001 Situated in the State of Ohio, County of Delaware, City of Dublin, being part of Virginia Military Survey Number 2545 and part of the 12.000 Acres conveyed to the City of Dublin, Ohio in Deed Volume 630, Page 341, Recorder's Office, Delaware County, Ohio (all references made are of said Recorder's Office, unless otherwise noted), said 12.000 Acres also being recorded in Instrument 199710100117335, Recorder's Office, Franklin County, Ohio; Beginning at a railroad spike found at the southeast corner of Lot 11 of Deer Run Estates, as the same is numbered and delineated upon the record plat of record in Plat Book 18, Page 34, at the southwest corner of Reserve "A" of said Subdivision and in a northerly line of said 12.000 Acre tract; Thence, across said 12.000 Acre tract, the following two (2) courses: 1 South 24° 23' 40" East, 195.00 feet to an iron pipe set; 2. South 60° 20'24" West, 130.74 feet to a point in a westerly line of said 12.000 Acre tract and in an easterly line of the Wasatch 15.349 Acre tract as conveyed in Official Record 494, Page 2604 (Delaware County) and in Instrument 200404230091671 (Franklin County); Thence, along a westerly line of said 12.000 Acre tract and an easterly line of said 15.349 Acre tract, North 24 23' 40" West, 223.00 feet to a 1 inch hollow iron pipe found with an orange cap inscribed "M -E ENG S- 6872" (passing an iron pipe set for a reference at 10.00 feet) at the northwest corner of said 12.000 Acre tract, the northeast corner of said 15.349 Acre tract and in a southerly line of said Lot 11; Thence, along a northerly line of said 12.000 Acre tract and a southerly line of said Lot 11 the following three (3) courses: (Continued) Page 2 0.600 Acres Part of Parce110- 60043307017001 1. South 81' 46' 09" East, 38.25 feet to a 1 inch hollow iron pipe found; 2. North 62° 55' 16" East, 82.88 feet to a 5/8 inch rebar found; 3. North 62° 49' 02" East, 15.20 feet to the place of beginning CONTAINING 0.600 ACRES, subject however to all legal highways, leases, agreements, easements, restrictions of record and of records in the respective utility offices. Iron pipes set are 30" x 1" O.D. with orange plastic caps inscribed P.S. 6579, unless otherwise noted. The foregoing description was prepared from actual field measurements in accordance with Chapter 4733 -37 Ohio Administrative Code in March 2010. Basis of bearings is the Ohio State Plane Coordinates (North Zone) based on the easterly line of said 15.349 Acre tract held as South 24° 23' 40" East. Myers Surveying Co., Inc. Albert J. M :trs, S. 6579 / (112042009) .. ZEM Myers Surveying Company, Inc. 2740 East Main Street, Columbus 43209 (Bexley), Ohio 614 - 235 -8677 FAX:614- 235 -4559 A Boundary Survey prepared for and certified to: Wasatch Partners, LLC and/or City of Dublin, Ohio Legal Description: Situated in The State of Ohio, County of Delaware & Franklin, City of Dublin Being Part of Virginia Military Survey #2545 Posted Address: Dublin - Bellepoint Road (745), Dublin, Ohio DEER RUN ESTATE S P. B. 1 8, P. 314 L O T 7 l N t" R°f °w LP. fd g "M -E ENG 5 -6872" P.O.B. 0.600 Acres (out of Wasatch tract) �R 5 R / 5/8" re r fd RR. Spk. fd P.O.B. o O.R. 494, P. 2604 (out of trot °w 06> a�s N'o+ P.O.C. a (out of C l N C1�N p S LP. set �t�C (i'✓ y O � 1 \ 15.349 Acres 'P. Delaware County � LP. set 150' 75' 0' 150' Scale 1 " =150' Date: 03/24/2010 700 Acres Dublin tract) 700 Acres IWasa t ch tract) Parcel 10- 60043307017001 D.V. 630, P. 341 Parcel 10- 60043307017000 \ o O.R. 494, P. 2604 - °�O. City of Dublin, Ohio �aOOa: N 12.000 Acres O Wasatch Partners, LLC 3 N 0.523 Acres in 15.349 Acres _ N Delaware County � rN Lo N V 7" hoXow z LP. fd ''M-E ENG °w 5 -6872" C:1 3 D ELA W ARE C ° � N FRANKLIN CO. - __ _ 0.077 Acres in tin °w Franklin County LP fd LP. set °0p - ~ M 19 9 lti ,�,, -E ENG S- 6872" / Parcel 273 - 001054 g `' y�j• Instrument 200404230091571 ag Parce 293 0 0011 7335 �' Inst. nt 199710110011 2 545 / J�4 �� \ \1 yB`ec ME _ RIAL / 00� 3 � v We hereby certify that the foregoing Boundary Survey was prepared from actual field measurements in accordance with Chapter 4733 -37 Ohio Administrative Code. Iron pipes set are 30 "xl" O.D. with an orange plastic plug inscribed "P.S. 6579 ", unless otherwise noted. Basis of bearings is the Ohio State Plane Coordinates (North Zone) based on the easterly line of said 15.349 Acre tract held as South 24° 23'40" East. r�; . g18ERT . Myers Surveying Co., Inc. By y- 'Lir%Z/ Professional Surveyor Myers Order No. - 1- 12/04/2009 IfkLIILfLlltftLlfftr�IlttLlO kkf,LflLtflll 200912041