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23-07 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 1 1 Ordinance No 23 -07 Passed 20. AN ORDINANCE DEDICATING CERTAIN LAND TO LTF REAL ESTATE COMPANY, INC. PURSUANT TO AN ECONOMIC DEVELOPMENT AND TAX INCREMENT FINANCING AGREEMENT WHEREAS, the City of Dublin ( "City ") entered into an Economic Development and Tax Increment Financing Agreement ( "Agreement ") with LTF Real Estate Company, Inc. ( "LTF ") on January 5, 2006, in connection with the extension of Emerald Parkway; and WHEREAS, within the Agreement, the City agreed to grant LTF an easement across certain lands ( "Reserve B ") for access to and from Emerald Parkway and the property owned by LTF as described in Exhibit "A" and depicted in Exhibit "B" attached; and WHEREAS, the City has determined, through negotiations with LTF, that transferring a fee simple interest in Reserve B instead of granting an easement to LTF would be preferential to both parties. NOW, THEREFOR BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, the elected members concurring, that: Section 1 . Certain lands ( "Reserve B "), as described in Exhibit A and depicted in Exhibit B (attached), be deeded to LTF Real Estate Company, Inc. Section 2 . The City Manager is hereby authorized to execute all necessary instruments in connection with this transfer of deed. Section 3. This Ordinance shall take effect and be in force on the earliest date provided by law. Passed this the 3y- day of , 2007. Mayor — Presiding Officer ATTEST: C ' Clerk of Council 1 City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614- 410 -4400 •Fax: 614 - 410 -4490 Memo CITY OF DUBLIN To: Members of Dublin City Council From: Jane S. Brautigam, City Managekja,,,, 5, Date: April 3, 2007 Initiated By: Marsha I. Grigsby, Deputy City Manager /Director of Finance Paul Hammersmith, Director of Engineering Re: Ordinance No. 23 -07, An Ordinance Dedicating Certain Land to LTF Real Estate Company, Inc. (Life Time Fitness) Summary: As you will recall, the City entered into an Economic Development and Tax Increment Financing (ED /TIF) Agreement with Life Time Fitness in early 2006 (Ordinance No. 58- 05, passed October 17, 2005). The ED /TIF Agreement provided for the City to acquire and provide to Life Time Fitness any necessary easements over the land that would be located between the eastern edge of Emerald Parkway and the western boundary of their property for an access road and a monument sign. A copy of the ED /TIF Agreement exhibit depicting the area is attached and referenced as Attachment #1. Subsequent to the execution of the ED/TIF Agreement with Life Time Fitness, the City entered into an Agreement (Ordinance No. 41 -06, passed July 3, 2006) with Sawmill Partners Investment Company (Sawmill Partners) whereby Sawmill Partners transferred property to the City in lieu of reimbursing the City for certain costs in connection with the construction of Emerald Parkway Phase 5B. A map depicting the property dedicated to the City, Reserve A and Reserve B, is attached and referenced as Attachment #2. The City had requested Sawmill Partners to dedicate Reserve B to the City in order for the City to meet its obligation to provide Life Time Fitness access between Emerald Parkway 5B and their site. In reviewing Reserve B and the easement that would need to be dedicated to Life Time Fitness, it has been determined that it is in the best interest of both the City and Life Time Fitness for the City to dedicate Reserve B to Life Time Fitness. A map of Reserve B is attached and referenced as Attachment #3. The map highlights the access road to be constructed by Life Time Fitness, the 20 foot easement maintained by the City and the pavement and building setbacks. Recommendation Staff is recommending that Ordinance No. 23 -07 be adopted at the April 23, 2007 City Council meeting. ATTACHMENT 1 I, l J -a q r / / / / / i r r i i i I \ FD2 M/ 13+1 cm or DUBLIN CONCEPT LAYOUT "P'' ftD. Z ed. t An «wr.�, fnc LIFa THE FITNESS e €€a I � I I S��GHVN�,iru�ua�C r k I I R N 0.TOSJ9' E � .rs AcRrs - 4VS ). rDOrD])SW)pS.) 10 • —__ y Ytl $I RR DR[AReDLO[RS r ? y I aefl'"fcRes °a- 1 g ,.ses .eP[s I b s `s anvn eoRars \� p I ]1� Ac_rzD PARRU[RSMP ! if OR. SDDSS got , .Rrm[[ cwrrzD PARmtR.9xP \ m m alp Yr. 1 . Er I- TO 'ARMF/1" J ALRB i ro� °r N� .s c D co Y Z s li tb C A I d 0 E l Og 21 — _ _ lM.Ar Row ra. PA¢s rr. ¢ of ' SECTION 1 ]• I t � q SS�g A I gg ae. v o v¢ AS a w � saRaw R (R/D� S ROza r zr oI me row sazs.ns I a l/ ca 9) itc ve sts I 7 — CI TY OF UBUN ^ 4 \ CITY OF COLUM$U$ 7 7 _ 19647' a 4, J 4 g ATTACHMENT 2 S��GHVN�,iru�ua�C R RR I H 0]'08'56' E 975.43' i Z s li tb C A I d 0 E l Og 21 — _ _ lM.Ar Row ra. PA¢s rr. ¢ of ' SECTION 1 ]• I t � q SS�g A I gg ae. v o v¢ AS a w � saRaw R (R/D� S ROza r zr oI me row sazs.ns I a l/ ca 9) itc ve sts I 7 — CI TY OF UBUN ^ 4 \ CITY OF COLUM$U$ 7 7 _ 19647' a 4, J 4 g ATTACHMENT 2 ATTACHMENT 3 CITY OF DUBLIN PREPARED BY THE CITY OF DUBLIN, ENGINEERING 5800 Shier Rings Road • Dublin, Ohio 43016 -1236 Phone (614)410 -4600 * Fax (614)761 -6506 EXHIBIT AREA BREAKDOWN RESERVE "B" OF EP 5B DUBLIN, OHIO 5.146 AC � O / e ^ 1 0 / �� / ,J /= O ' N / , X < 28.1,3' / // i Q- / T / " W C6 Y / / / / / / / 0 = INDICATES EASEMENT 2.677 AC 88 °20' 18" W 457.16' 16.725 AC AREA OWNED BY THE CITY OF DUBLIN. 0 = INDICATES AREA NEEDED BY LIFE TIME FITNESS. = INDICATES AREA OF "RESERVE B" PER PLAT. DRAWN I CHECKED I DATE: I JOB NO. 1 I.'1DYL�1al.'1N AC JLR I MG 1 03 -28 -07 � SCHOTTENSTEIN ZOMDUNNen,,,. Exhibit "A" Reserve "B" Legal Description Situated in the County of Franklin, in the State of Ohio and in the City of Dublin: Being Reserve "B" of Emerald Phase 5B, as said Reserve "B" is delineated upon the recorded plat thereof, of record in Plat Book No. 110, Page 47 -48 Recorder's Office, Franklin County, Ohio. www D.com Columbm Cleveland Cincmi 250 West Street, Columbus Ohio 43215 253 8 1 P O. Box 165020, Columbus off 43216 5020 1 voice 614 462 1 Fax 614 462 -5135 � SCHOTTENSTEIN ZOX &DUNNc.. . Exbibit "B" ., SZD,.m Columbus Cleveland Cincmmd 250 West Stmet, Columbus Ohio 43215 253 8 1 P O. Boa 165020, Columbus, off 43216 5020 1 voice 614 462 1 Fax 614 4625135