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42-06 Resolution RECORD OF RESOLUTIONS _ _ __ ___ Dayton Le~B~!2.k,~~" F-.9rm No. 30045 -- - ---------- - ---- ---------- --- ----- - - --- ---- --------.,---------- -- ------- -- -- --------....-...------.-----------.- -- ------- -- - -- 42-06 Resolution No. ,20_ __ ___ - _____n____________ ----------------- ___n__ _____________n_ ------------------------- A RESOLUTION ADOPTING A STATEMENT OF SERVICES FOR A PROPOSED ANNEXATION OF 4.182 ACRES, MORE OR LESS, FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF DUBLIN. WHEREAS, an Expedited Type II annexation petition for 4.182 acres, more or less, from Washington Township, Franklin County to the City of Dublin was filed in the offices of the Franklin County Commissioners on April 4, 2006 by Jackson B. Reynolds III, agent for Petitioner LS Dublin Realty LLC, 635 Brooksedge Boulevard, Westerville, OH 43081; and WHEREAS, Section 709.023(C) of the Ohio Revised Code requires that, prior to the hearing of the annexation petition, the legislative 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 annexation strategy contained in the Dublin Community Plan, adopted by Council on November 17, 1997. NOW, THEREF~E, 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 4.182 acres, more or less in Washington Township, Franklin County immediately 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 2.5 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 located on Shier-Rings Road, .8 miles from the subject site. 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 already maintains right-of-way adjacent to this annexation and will continue to do so at the same levels as other similar streets in the City. RECORD OF RESOLUTIONS -- -------------- Dayton Lega~~1~0_~:"lnc:,,:.~2.r.!:!l~Q._ 30045 _____________ ---------------- ..------------...-..- - ------------------_.__.~ ----------------------- - ___ _____n_________ -- - ---------- 42-06 Page 2 Resolution No. Passed ,20 - - --------------..---+-- -- --- -- ------------ -- ------------------ - - -- ------------ - - -- -------------. ---_.-.- "..----------------------- 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 the 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 available to this site within approximately five years. Section 3. This resolution shall be effective immediately upon passage, as provided under Section 4.04(a) of the Revised Charter. . Passed this / f-th day of ~ ,2006. ~ Mayor - Presiding Officer ATTEST: ~C~ Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Office of the City Manager CITY OF DUBLIN~ 5200 Emerald Parkway · Dublin, OH 43017 Memo Phone: 614-410-4400 · Fax: 614-410-4490 To: Members of City Council From: Jane S. Brautigam, City Manager\..J(.~ RJ~' Date: April 13, 2006 Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Frank Ciarochi, Interim Director of Land Use and Long Range Planning Gary P. Gunderman, AICP Assistant Director of Land Use and Long Range Planning Barbara A. Cox, P.E., Assistant Director of Engineering - Development Stephen J. Smith, Director of Law Re: Resolution 42-06 - A Resolution Adopting a Statement of Services for a Proposed Annexation of 4.182 Acres, more or less, from Washington Township, Franklin County, to the City of Dublin, Ohio. Resolution 43-06 - A Resolution Adopting A Statement Regarding Possible Incompatible land Uses And Zoning Buffer for a Proposed Annexation Of 4.182 Acres, More Or less, from Washington Township, Franklin County to the City Of Dublin, ~ Ohio As Required By Section 709.023(C) Of The Ohio Revised Code. Summary On April 4, 2006, attorney/agent Jackson B. Reynolds III filed an annexation petition on behalf of Petitioner LS Dublin Realty LLC. The petition is for 4.182 acres, more or less of land, located at the northeast corner of Eiterman and Shier-Rings Roads in Washington Township. The petition was filed pursuant to R.C. 709.023, the "Expedited Type II" annexation method. Under this process the City must first, within twenty days after the petition is filed, adopt an ordinance or resolution relating to municipal services. Second, within twenty days after the petition is filed, the City must adopt an ordinance or resolution relating to land uses and zoning buffers, if the territory proposed to be Memo to City Council Re: Resolutions 42-06 and 43-06 April 13, 2006 - Page 2 annexed is currently subject to either county or township zoning. Resolutions Nos. 42-06 and 43-06 have been prepared for these purposes and for your consideration. The Franklin County Commissioners will grant the proposed annexation, without a hearing, if neither the municipality nor the township object to the annexation by ordinance or resolution within twenty-five days of the petition being filed. If neither the municipality nor the township object, the commissioners must grant the proposed annexation without a hearing, if certain criteria in R.C. 709.023 have been established. This proposed annexation is for 4.182 acres, more or less, and includes no right- of-way. Background ZONING AND COMMUNITY PLAN The current Washington Township zoning classification for this property is SR Suburban Residential District, which allows agricultural and single-family dwellings on a minimum of two acres. 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 five- acre lot on this property. The Community Plan anticipated annexing this area by the year 2010. The adopted Future Land Use Map calls for Mixed Use Employment Emphasis for the entire tract. The existing adjacent properties include largely undeveloped property to the west and the Fellowship Baptist Church to the east. The Ballantrae development is south across Shier Rings Road and the new - , Washington Township building is immediately to the north. FUTURE DEVELOPMENT This site is vacant. This area is within the Central Ohio Innovation Center boundaries. The recently proposed elderly housing for Erickson is the second property east of this tract. 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 2.5 driving miles from the Justice Center, the Division of Police headquarters. The City of Dublin provides police and communications services on a twenty-four hour basis and Memo to City Council Re: Resolutions 42-06 and 43-06 April 13, 2006 - Page 3 has mutual aid agreements with other jurisdictions. 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 PROTECTION AND EMERGENCY MEDICAL SERVICE (EMS) The Washington Township Fire Department provides fire protection to this area of Dublin and already provides service to the subject property. The closest station is less than one mile away on Shier-Rings Road. 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 with similar land use and population. . SOLID WASTE COLLECTION The City of Dublin provides residential solid waste collection at no additional fee. However, it appears that this property has an existing commercial use or will have a commercial use. Therefore, they will be required to use a hired collection service for their solid waste removal. . WATER DISTRIBUTION This property is located within the exclusive annexation area of the Water Service Agreement with City of Columbus. An existing 16-inch water line is located on the west side of Eiterman Road and a 12-inch waterline exists on the south side of Shier-Rings Road. . SANITARY SEWER (WASTEWATER) COLLECTION The property is located within the exclusive annexation area within the Sanitary Service Agreement with City of Columbus. This property is tributary to an existing 8-inch sanitary sewer that is located at the southeast corner of the property. This was installed by the City with the improvements to the Shier- Rings and Eiterman Roads intersection. . STORMWATER MANAGEMENT AND FLOODPLAIN This property is located in the Cosgray Creek watershed as defined by the Stormwater Master Plan. This property generally drains to the northeast into the Cosgray Creek, which runs along the north property line and provides the drainage outlet. This property does not contain FEMA designated floodplain for Cosgray Creek. . ROADS AND STREETS The primary roads serving this property are Shier-Rings and Eiterman Roads, which are both classified as scenic roadways on the Thoroughfare Plan. Eiterman Road is classified as a collector road and is required to have 70 feet of right-of-way. Shier-Rings Road is classified as a minor arterial and is required to have 100 feet of right-of-way. Memo to City Council Re: Resolutions 42-06 and 43-06 April 13, 2006 - Page 4 Any new roads or streets, within a proposed development, which would be dedicated to the City, would be maintained to the same degree and extent that these public facilities are maintained in areas with similar land use and population. Recommendation: This property was identified within the proposed annexation areas of the Community Plan and is located within the exclusive Dublin service area as defined in the Water and Sewer Agreements with the City of Columbus. Staff recommends approval of the resolutions regarding the Statement of Services and Possible Incompatible Land Uses. Upon City Council's approval, these resolutions will be forwarded to the Franklin County Commissioners for their consideration of the annexation. 7*1/11:" /(et IC- NOTICE OF FILING OF ANNEXATION PETITION TO: Joyce Robinson, Township Clerk Washington Township 5965 Wilcox Place, Suite B Dublin, OH 43016 In accordance with the provisions of Section 709.023 of the Ohio Revised Code, you are hereby notified that, on the 4th day of April, 2006, the undersigned, as Agent for the Petitioners, filed an Annexation Petition in the office of the Board of County Commissioners of Franklin County, Ohio. Said Petition prays for annexation to the City of Dublin, Ohio, of 4.182 acres, more or less, in Washington Township. A copy of said Petition, with description and plat, is attached hereto and made a part hereof. Dated; 11t/Mt; kson B. Reynolds, I gent for Petitioners RECEIPT OfJHE AFOREME~DOCUMENT(S) IS HEREBY ACKNOWLEDGED THIS 'f day of' , 20 o(P . ~~~ CLE FFICE F:Docs\s&hannex\2006\4.] 82landstrategjestwp.not (4/3!06-ncp) F:,t,CF, I .' EXPEDITED TYPE II PETillON FOR ANNEXATION (SECTION 7~8231 '01) Att,10;2E; TO THE City of Dublin OF 4.182 ACRES MORE OR LESS IN THE TOWNSHIP(~ OF Washington TO THE BOARD OF COUNTY COMMISSIONERS OF Franklin COUNTY, OHIO: The undersigned, petitioners in the premises, and being ALL OF THE OWNERS OF REAL ESTATE in the territory hereinafter described, consisting of _ 4. 182 acres with a total perimeter boundary of 1,716 , more or less, in the Township~) of Washington which area is contiguous along 805' or 47 % and adjacent to the City of Dublin , do hereby pray that said territory be annexed to the City of Dublin according to the statutes of the State of Ohio and that no island of unincorporated area will be created by this annexation. A full and accurate description and a plat of said territory so prayed to be annexed are attached hereto and made part hereof. In support of said Petition, your petitioners state that there is/are within the territory so prayed to be annexed one (1 ) OWNER(S) OF REAL ESTATE. Jackson B. Reynolds, III whose address is 37 West Broad Street, Suite 725, Columbus, Ohio 43215, is hereby appointed Agent for the undersigned Petitioner(s), as required by Section 709.02 of the Revised Code of Ohio. Said agent is hereby authorized to make any amendment and/or deletion which in his absolute and complete discretion is necessary or proper under the circumstances then existing, and in particular to make such amendment in order to correct any discrepancy or mistake noted by the F,..",nklin County Engineer in his examination of the Petition and Plat. Said amendment shall be made by the presentation of an amended plat and description to the Board of County Commissioners on, before, or after the date set for hearing on this Petition. WHOEVER SIGNS THIS PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION PERTAINING TO THE SPECIAL ANNEXATION PROCEDURE SET FORTH IN SECTION 709.023, ALTHOUGH A WRIT OF MANDAMUS MAYBE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY LAW FOR SAID SPECIAL ANNEXATION PROCEDURE. NAME DATE ADDRESS By: 3/-2-(/!00 635 BROOKS EDGE BLVD. , WESTERVILLE, OHIO 43081 Page of I I I I ~i RIR ANlIElCA110N PURPOSES ClHU' I i i jj From: _ington Township I I I I! ; I To: ,.... Cily of Dublin J I _ in the State of Ohto. Cotlnty 01 Franldln, Township of Woahtngton. m tho ~. _---.._.._.._J.__.~ , '.L, ltINjinio IIlItitGry Sutwy Number 3452, ond bei"9 4.182 ocr.. out of the Irac;I of Iond ~ to LS Oublm ReolIy, u.c. (Audltor'o Tox _ Number - .. 272-000356), ~ tho deed -.., in tho Recorder'o Off"lCiol Reeonl 2005122J02702 . ond bei"9 lurther deScribed "" follows: 8eglnnmg .fo< reference at the Fronldm County Monumenl FCGS n52 at lhe i(-='~~-~- I centerline In-.:tion of Shier RIngo Rood and Eltermon Rood, thence with the "1 " __ of eold EItermon _ (being eelabllehed os 0 90 foot wide Righi of ClltPDMlPC UN[ U7t NXS Way), in a north8l1y direction approldmotely 70 feet: . IUt. ~9668 t1lUDl11It MUD. ....... I \: ,_ I ~ j ........ thence In on so8Ier1y direction perpendiculor 10 the aforementioned, E1terman . .... 200' I , , III I .........-----.,... _. a ,_nee 01 approximately 35 foe! to a poInl on the ..sterly right 01 SCAl.Eo I'. IDO' t\ !!'~ J!!N..P-! __. I way of 1I01d _ and being the true point 01 beginning of tho Iond to bo clacribed: ctn' ., W1IUlI I ! thence m a northerly dlrscllon a dIstoncs of approximately 422 foet along the _fW' IIns common to the wseterly fine of the preYIously mentioned LS Dubfin Realty, ~i 0 u.c Inlet, an oxllltmg so8Ier1y corporation fine for the City 01 Dublin. a. H _ by Ordinance Humber 142-01 and recorded in tho _.r's Officiol _ 200507050130816. and eold ..~ right of wO)' lin. of Elterman Rood, I ;j nr.tISHIP IF WASHDG1'DN CICID to a point at the __rty com<< of a 4.640 acre wet of land owned by ;i "'" .... I INDU: .... ... 1!St the T_p of Woahlngtan Ohlo (Off"lCal Record 2004020JOO24250); ....... 1OIIlCEl..... ( 271_' thence with the _rty U... of eold 4.840 ocr. tract and lhe north8l1y tine of " P.k. fMD.. f1U(D ..~ .J eaid LS Dublin Reotty. u.c.. in an easterty direction Q distance of opproximotety & _PIllICT , 3n foe! to a point, eold poInl oleo being the north_ly corner of a 4.823 I acre Inlet of land owned by tho f.Uowohip Bapl/8t Church of Dubfin (Official 0 SI'I KIt JIINIVER 10M FUl.tGl I' I Record 18349 818): '" _ PIll nLIlII . -- @ n:GS ~ fOUIIlI .- ~ -- . 1ICIIln'f IUP 30' Cl1.UlIIA... -- CITY Dr-1IUJIL..DIl thence in a oo_y cl'0AcIi0n approximately 536 foel with the _orty Ii... of J-C:U" WDENT ~~,,: ~ . . . __ UIlE <NlI SCALE) 1I01d f_lp IIapI/et Church 4.823 ocr. wet ond the ...lerty ti... of IE .;;; ~...I>::'r au. 111 ,"~ of......."lloned LS DublIn ReolIy. u.c wet to a point on the __Iy aa. ...ottJWl74a7 comer of lIOid Fsllawship Bapl/el Cl>un:h 4.823 acre troet and on tho northerly righl of wO)' Ino of Shier Ring. Rood (bei"9 J5 foe! from the centertin.): .,:~tlti~~~lj I I thence In . Helsrty direcllon approximately JJ 1 loe! along the north right of I way Uno of Shier Rings Road. being a common line of tho southerly line of said LS Dublin Realty, u.c trocl and an nlellng northerly corporotion In. lor tho City PROPERTY OINERS " ADDRESSES of Dublin, as eotoblished by Ordinance Number 142-01 and recorded in the WlTHIN 500' RADIUS: RecorVr's Officiol Record 200507050130816, to 0 poinl; I""'~-'~ ' 0 0 thence in 0 northwesterly direction approximately 50 feet along the northerly 0 ..:' '. CIllIU8!'~ sat. ';' I right of way Shier Rings Rood to a point in the eastony right of way of i 1 BATES PROPERTY 15. RICHARD P DIPAOlO JR Eilerman Rood. aaid point being J5 feet .oat of the centerline thereof and being MANAGEMENT L TO 8708 IlAI<TRY CT th~ Place of Beginning. containing approximately 4.182 acres, more or Ieee. 101ln;s PSaJIl'DlTY ~T LTlI ~ '1ua:JN":llEAi:fY""UC j I"tL..l.JJIiSHIP wnsr CHlJRCH or JlUSLJN ..cHt ,. RlEGl..E nlJ$1'EE. (TAl. 5600 STANLEY STEEMER PW OUBllN OH 43016 ......"""'" ;1 ..... ",""s ... .... 0lJBUN OH 43016 The above description woe prepared by Protoesionol Surveyor James Page AUDITOR ~ IUGU . .~ 4J82 ACRES DR. 1.349 118 NJJIlTDR PARCEl.. NLIdtR 16. CARL & SUSAN II PALMER 272....,' o.a. ~10233 ....... """""" ....... 174-COW4 2. ~THONY GiOFFRE 8704 SANTRY CT (5-0034), of Pogo Engineering. Inc.. located at 112 E Fifth Street, t14arysville. _1'OIlC[L"""" ~I 27H011lZO JOHN GIOfFRE DUSUN OH 43016 27HlI_ Ohio, in -"arch of 2006. from the best ovailobJe County Records. This I 5282~RO information W09 not derived from an actual field survey. The above description j OUBUN OH 43016 17. DOUGlAS A & KENDElL SANTA CRUZ 11 not valid for the transfer of real property, and is not to be utilized in place 0 3. TOWNSHtP OF WASHINGTON OHIO 8700 BANTRY CT of a boundary survey Cl8 defined by the Ohio Administrative Code in Chapter i OUBUN OH 43016 0 0 5865 wa.coX Pi.. STE 8 4733-37. I i DU8UN OH <t3016 18. HEATHER L PA.SQUAl..E 6724 STONE CIRCLE WAY CITY Dr IlAIUN DHm 4.1.SOU8LINREAlTYUC OUSLIN OH 43016 ~-"""" 835 BROOKSEDGE BlVD llJt. ~40840 WESTERV1llE OH 43081 19_ taUSERL Y A HOWB.L . ,... 5. FELLOWSHIP BAPTIST CHURCH 6712 STONE aRCLE WAY OF DUBlIN OUBUN OH43016 ZIlNING .. SEl1W:K 1Nf'ORMA11ON: 6720 SHIER RINGS RD 20. DONAl.O & JEAN A HOFFMAN DUBLIN OH 43016 8758 STONE CIRCLE WAY ZllNlHG - SR (SlJIIUIlIlIIN RES10EM1W. 0IS11llC1) rUlllJff;fOJf rw - - ftSBlNc:nur 1YP 0U8UN OH 43016 6_ JOHN P RIEGlE TRUSTEE. ETAI.. SETlW:I<S, (SETIW:I<S ""'" PER .......... USE) ctn' ., IItIM.lJt _ON .-..-..-- .--.- 4SOO~RO 21.JENNJFERS SKB.TON ctn' ., JRW./Jf POWEU OH 43065 KURT T 8ENDECK - - - - -cv.-~~ - -- -,---- ------ 6148 STONE aRa.E WAY 7. CITY OF OUBUN OHIO DU8UN otf 43018 ..... S200 EMERALD PKWY PIIClPOSED ~ ---------.~--.T-.-.---.- 0IJ8UN OH 43017 22. JAa( & WARtLYN SEIBERT fROW: WASHINCTON TOWNSHIP .- .-, ---." -.rCl_CI'lI\IDl I a. 0AHIEl J HASSlER 8744 STONe CIRCl.E WAY ( ~~......,. 0. '-'-T-' 0 ClTYIF-...lItlO 00761lANTRY CT DUBlIN OH 43018 10: lHE CITY Of OUBUN OUBUN OH 43016 23. JOSEPH A & ROSEMARV A EWING \ / '\ C1TT.':,."gl>tlD i I . @ @ @ @ @ @ . @ @ @ @. @ I 7 ~~r- 9. ANTHONY BELCASTRO 8740 STONE ORClE WAY 338S RIVER LANOtNGS BL 0U8UN OH C016 / AUIlITllRP...,."........ I I I.J.,@ HlWARll OH 43026 24. THEOOORE P SEKJNGER L-.. ~ @ 274-G0W88 TtJ:~.:ln~~;;. 12 10. DUfFY PROPERTIES LTC 8728 STONE CtRa.E WAY . 27 /\ I I IIlETY PUDmES m .toO .... )- 495 S HtGH ST STE 150 DUBUN OH 43016 -< /' I ~~--- I ~~~ I @ . --'-"-", CCIl.lJM8US OH 43215 25. TaNlTD 11. NORMAN J RANKIN 495 S HIGH ST STE 150 @ .......,. 0 0 @ @ tl6641lANTRY CT COLUMBUS OH 43215 '\ 26 ~_IlII....~W: I I e I OUBUH OH 43016 26. WEBB BOB 8ALl.ANTRAE LLC ~ / --- J I 1--1 I I -_..~-- 12. ROBERT W WOOD JR & NtNA W(X)O 7862 N CENTRAL OR 274-001061 c\D IUTY PllPERTJES l.TD t692 aAHTRY CT LEWIS CENTER OH 43035 ~ \'. \ ~ i nUMES AT kLN<TRoE 01," - ~ .....ni"~1UIIER 0UllUN OH 4301. "",,,,"-..mum @ I 21_~ I 27, ROlIEATC & llHAAON C POWER t _~....... / I (.........r 13. KENNETH E & CONNlE l BECKER S736 TAoIFALGAA LP , \ - "'-17 TlIllI 6688 SANTRY CT OUBlIN OH "3016 ~\~~;~J___ II --- @ / .__,,~ I DIJ6UN OH 43016 1"_ JAAES E & f<AlliERlNE 0001 '\ ~ @).. @-- "- .... 8ANTAY CT DU8IJN OH GJ1G r '~I ._TlRPMCn....j @ . _1OIIlCEl._ -- ~ . 1:74-001016. . 114E lMES AT 8M.l..AfITRA[ _ 27+-C1aU16 1lIlU ....- PLAT'" l)ECI\IPTION 18 t-'(2)" j I' C'" 1lETJ.."'mra m \ ...--.. 1-- -- . ACCEl'fAllLE ~ 7 I I I --...- . DEAN C. RlNGLE. PE.. P.S . I cm IF IIU.UN.... . I ~ 21'-" _ ~lCENGItffiER r- - lB' ~~....... '. \ 1- . - 6 Do1cHt- .Glf7~~-1 \ \ ~sm J-.-'-' By /uYlw "- 'I..f- j I I ' . I \ '~r::;:..-r --- \. \ .-l ANNEXATION PLAT I, . \_ _ 0IIIIIlS I ~ LAND STRATECIES LS DUBLIN REAL TV LLC A.C. 635 _SEllGE BLVD, IlESTEllVILU:, llHID 43081 VIRGINIA MILITARY SURVEY NUMBER 3452, I 3/"'116 VASHIHGTIlN m\INSHIP, FRANKUN C1D<TY, llHID , 8EVtID IIICIIIIiR IlIIJInJ:YIlR: """"" Page Engineering, Inc. PAGE ENGlNEER~ INC. P.o. Box 39<4 112 EOost fifth Street . Ho.rysvKle, Ohlo 43040 i DATE U2 EAST flf'TH STREET , MARYSVn.u:. llHID 430<0 PH. (937) 644-1272 fAX <937> 644-3272 i Ph. <937> 644-1Z72 fAX <931> 644-3272 I E.....IL po~t-.".,t """""'............ - .... 06-17 I H-2 l . r , FOR ANNEXAT10N PURPOSES ONLY From: Washington Township To: The City of Dublin Situated in the State of Ohio, County of Franklin, Township of Washington, in the Virginia Millitary Survey Number 3452, and being 4.182 acres out of the tract of land conveyed to LS Dublin Realty, LLC, (Auditor's Tax Parcel Number 272-000356), by the deed recorded in the Recorder's Official Record 200512230270233, and being further described as follows: Beginning for reference at the Franklin County Monument FCGS 7752 at the centerline intersection of Shier Rings Road and Eiterman Road, thence with the centerline of said Eiterman Road (being established as a 90 foot wide Right of Way), in a northerly direction approximately 70 feet; thence in an easterly direction perpendicular to the aforementioned Eiterman Road, a distance of approximately 35 feet to a point on the easterly right of way of said Road and being the true point of beginning of the land to be described; thence in a northerly direction a distance of approximately 422 feet along the line common to the westerly line of the previously mentioned LS Dublin Realty, LLC tract, an existing easterly corporation line for the City of Dublin, as established by Ordinance Number 142-01 and recorded in the Recorder's Official Record 200507050130816, and said easterly right of way line of Eiterman Road, to a point at the southwesterly corner of a 4.640 acre tract of land owned by the Township of Washington Ohio (Offical Record 200402030024250); thence with the southerly line of said 4.640 acre tract and the northerly line of said LS Dublin Realty, LLC, in an easterly direction a distance of approximately 377 feet to a point, said point also being the northwesterly corner of a 4.823 acre tract of land owned by the Fellowship Baptist Church of Dublin (Official Record 18349 B18); thence in a southerly direction approximately 536 feet with the westerly line of said Fellowship Baptist Church 4.823 acre tract and the easterly line of aforementioned LS Dublin Realty, LLC tract to a point on the southwesterly corner of said Fellowship Baptist Church 4.823 acre tract and on the northerly right of way line of Shier Rings Road (being 35 feet from the centerline); thence in a westerly direction approximately 331 feet along the north right of way line of Shier Rings Road, being a common line of the southerly line of said LS Dublin Realty, LLC tract and an existing northerly corporation line for the City of Dublin, as established by Ordinance Number 142-01 and recorded in the Recorder's Official Record 200507050130816, to a point; thence in a northwesterly direction approximately 50 feet along the northerly right of way Shier Rings Road to a point in the easterly right of way of Eiterman Road, said point being 35 feet east of the centerline thereof and being the Place of Beginning, containing approximately 4.182 acres, more or less. The above description was prepared by Professional Surveyor James Page (S-6034), of Page Engineering, Inc., located at 112 E Fifth Street, Marysville, Ohio, in March of 2006, from the best available County Records. This information was not derived from an actual field survey. The above description is not valid for the transfer of real property, and is not to be utilized in place of a boundary survey as defined by the Ohio Administrative Code in Chapter 4733-37. ANNEXATION PLAT & DECRIPflON ACCEPTABLE DEAN C. RINGLE. P.E.. P,S, FRANKUN COUNTY ENGfNE!:~I{ By ~~!~ Dale POA> . z 'lit, , PROPERTY OWNER LS Dublin Realty LLC 635 Brooksedge Blvd. SURROUNDING PROPERTY Westerville, OH 43081 OWNERS 272-000356 Jennifer S Skelton & Jack & Marilyn Seibert Joseph A & Rosemary A Ewing } '1 T Bendeck L 7 Shire Bings Road E 6744 Stone Circle Way 6740 Stone Circle Way hIlliard, OH 43026 Dublin, OH 43016 Dublin, OH 43016 274-001207 274-001208 274-001209 Theodore P & Rosemarie Sekinger Richard P Dipaolo Jr. Carl & Susan M Palmer 6728 Stone Circle Way 6708 Bantry Court 6704 Bantry Court Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 274-001212 274-001183 274-001184 Douglas A & Kendall Santa Cruz Fellowship Baptist Church of Dublin Township of Washington Ohio 6700 Bantry Court 6720 Shier Rings Road 5965 Wilcox Place, Suite B Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 274-001185 272-000120 272-000619 Bates Property Management Ltd Donald E & Jean A Hoffman City of Dublin Ohio 5500 Stanley Steemer Parkway 6756 Stone Circle Way 5800 Shier Rings Road Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 272-000130 274-001205 274-001088 F: Docs \s&hlabels\2006\landstrategi es- annex.lbl (3/27 /06-ncp) " . ' , . MINUTES OF ACTIONS TAKEN IN WRITING AND WITHOUT A MEETING BY THE SOLE MEMBER OF LS DUBLIN REALTY, LLC The undersigned, being the sole Member of LS Dublin Realty, LLC, an Ohio limited liabilit\ com~ ("Company"), does hereby take the following actions in writing and without a meeting effective the day of December, 2005. The following resolutions regarding the adoption of the Written Declaration, election of the Manager, and the formation of the Company are hereby adopted: RESOLVED, that the Written Declaration in the form attached hereto as Exhibit A be, and it hereby is, adopted as the Written Declaration of the Company and the same be, and it is, incorporated in the Record of Proceedings of the Company; FURTHER RESOLVED, Timothy R. Foley is hereby designated as the Manager of the Company to serve until his successor is duly designated or elected; and FURTHER RESOLVED, that the Manager of the Company be, and he hereby is, authorized to pay on behalf of the Company, all usual, customary and reasonable expenses incurred in connection with the formation of the Company; and FINALL Y RESOLVED, that the Manager of the Company be, and he hereb;. IS. authorized to execute such other documents as necessary to establish and maintain bank accounts in the name of the Company, The following resolutions regarding the acquisition of certain real property by the Com pan;. are hereby adopted: RESOL VED, that the Company be, and it hereby is, authorized and directed to acquire certain real property being a four and seventeen hundredths (4.17) acres parcel. more or less, located at the northeast corner of the intersection of Eiterman Road and Shier Rings Road, Dublin, Ohio as such is labeled and identified in the attached Real Estate Purchase Contract, as amended, attached hereto as Exhibit B (the "Contract"): and FURTHER RESOLVED, that the execution of the Contract and all other past actions in pursuit of fulfilling the Contract and acquiring the Propel1y b) Timolll\ R Foley on behalf of the Company be. and they hereby are, ratified and adopted by the Company; and FURTHER RESOLVED, that the Company be. and it hereby is. authorized ane! directed to pursue the closing on the purchase of the Property pursuant to the terms ane! conditions of the Contract, and upon further terms and conditions as the Members shall deem reasonable (the "Transaction"): and FURTHER RESOLVED. that Timothy R. Foley be. and he hereby is, authorized and directed to execute any doculllents and to take any actions as are reasonabh necessary to adopt, approve, ratify l)r eonsulllmate the Transaction. Incllld\I\~ hut Il,\{ Ilmitcd to. the exccution at closing. of a Settlcmcnt Stall'mcn!: and .- FURTHER RESOLVED, that the Company be, and it hereby is, authorized and directed to obtain a loan from FS Real Estate Development, LLC in the amount of up to One Hundred Twenty Five Thousand and 00/100 Dollars ($125,000.00), for the purpose of acquiring the Property; and FURTHER RESOLVED, that the Company be, and it hereby is, authorized and directed to obtain a loan from National City Bank in the amount of up to Two Hundred Fifty Thousand and 00/1 00 Dollars ($250,000.00) (the "Loan"), for the purpose of acquiring the Property; and FURTHER RESOLVED. that the Company be, and it hereby is, authorized and directed to take any actions as are reasonably necessary to induce National City Bank to provide the Loan, including without limitation, the delivery as collateral for the Loan the Property or any other assets of the Company as it determines necessary to obtain and secure the Loan; and FINALLY RESOLVED, that Timothy R. Foley be, and he hereby is, authorized and directed to take any future actions as may be necessary to acquire the Property, including but not limited to obtaining appropriate zoning for the Company's intended use of the Property, financing to acquire the Property, pledging the Property to secure the acquisition of financing, and executing any and all documents reasonably required to accomplish the acquisition and any required financing. These minutes constitute a complete record of actions taken by the sole Member of the Company to be effective on the date first set forth above. MEMBER: FS REAL EST A TE DEVELOPMENT. LLC an Ohio limited liability company By: S 1\\'I'WIM!-Cnlllp\lS R!-AI !-ST.^ 111)I'VII.OI'MIN I\I.S Illlhllll/(<:all\ ..\1<:1l1h<:r i\1111lll<:\ dilL