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Ordinance 12-11RECORD OF ORDINANCES 12 -11 Ordinance No. Passed 1 20 _ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF 3.824 ACRES, MORE OR LESS, FEE SIMPLE INTEREST FROM THE MUIRFIELD VILLAGE GOLF CLUB, SAID ACREAGE LOCATED ON STATE ROUTE 745, CITY OF DUBLIN, COUNTY OF DELAWARE, STATE OF OHIO. WHEREAS, the City of Dublin is preparing to build a water tower to serve its residents; and WHEREAS, after careful study and consideration, certain property owned by the Muirfield Village Golf Club has been determined to be the best site for the water tower; and WHEREAS, as a result, the City of Dublin must obtain a fee simple interest in and to the premises described in the attached Exhibit "A ", and located in the City of Dublin, Delaware County, Ohio; and WHEREAS, the City desires to enter into a real estate purchase contract to acquire the 3.824 acres, more or less, fee simple interest in and to the premises as described in the attached purchase agreement, Exhibit `B ", for the acquisition value of two hundred fifty five six hundred forty dollars ($255,640.00). NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, r7 — of the elected members concurring, that: Section 1. The City Manager is hereby authorized to execute a real estate purchase contract, conveyance documentation and any necessary closing documents related to the acquisition of the 3.824 acres, more or less, fee simple interest, and paying any related costs. Section 2 . This ordinance shall be in effect upon the earliest date provided by law. Passed this k day of !/ 2011. Mayor - Pr id g Officer ATTEST: Clerk of Council CITY OF DUBLIN. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614 -410 -4400 • Fax: 614 - 410 -4490 To: All Members Dublin City Council Fromm: Marsha L Grigsby, City Manager �lh�-- Date: March 24, 2011 Memo Initiated By: Dana L. McDaniel, Deputy City Manager /Director of Economic Development Re: Ordinance 12 -11, Agreement for the Purchase of Acreage from the Muirfield Village Golf Club for Water Tower Site Summary At the first reading of Ordinance 12 -11 on March 14, 2011, City Council inquired as to the negotiated price for the purchase of this property. The total amount of the property to be obtained is 3.824 acres, .172 acres of which is in the PRO (Public Road Occupied). The property was appraised by Homer Appraisal Group, Inc. According to the Horner Appraisal Group, Inc., the highest and best use of the property would be for institutional use, such as a church site, school or other quasi - public use. In their opinion, this is due to 50% of the property being wooded and must be preserved, that the creek that passes through the property is somewhat "problematic," and that the property is bordered by the Bogey Inn and parking lot. After making qualitative adjustments, it is their opinion the property is worth $60,000 per acre. Comparables were presented by both negotiating parties ranging from over $70,000 per acre to just over $90,000 per acre. The Muirfield Village Golf Club believes strongly that the property should be valued closer to $80,000 per acre. They are also concerned that they will have to adjust certain operational procedures for Tournament week to accommodate the lack of access to the sold land. As a result, staff is confident that the price of $70,000 per acre is a reasonable compromise given the position of each party, that the City appreciates the level of cooperation from the Muirfield Village Golf Club, and the need to move the project forward in a timely manner. Recommendation Staff recommends Council passage of Ordinance 12 -11. Please address any questions you may have to Dana McDaniel. 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: Marsha Grigsby, City Manager Nb Date: March 10, 2011 Initiated By: Paul A. Hammersmith, PE, Director of Engineering/City Engineer Barbara Cox, PE, Engineering Manager – Development Memo Re: Ordinance 12 -11 - Agreement for the Purchase of Acreage from the Muirfield Village Golf Club for Water Tower Site Background During the development of the 2007 Community Plan, the need for additional elevated water storage near Dublin Road and Glick Road was identified. Staff performed a site evaluation study and gathered public input on several potential locations for this improvement. Staff recommended the site (previously identified as Site B), as shown on the attached exhibit. City Council endorsed this recommendation by motion on May 24, 2010. The design consultant has performed the necessary survey work to create a legal description and exhibit of the property for the water tower. Legal staff engaged an appraiser to determine the fair market value of the property. The appraised purchase price was $219,120, or 560,000 per net acre, and the City and the Muirfield Village Golf Club (MVGC) have agreed to a purchase price of $255,640. The MVGC Board of Trustees and their legal staff have approved the Purchase Agreement. A copy of the Purchase Agreement is attached for your review and approval. The closing for the property will be scheduled once the necessary Phase 1 Environmental Assessment report is received and the enabling ordinance is effective. We anticipate closing to be before June 30, 2011. Recommendation Staff recommends passage of Ordinance 12 -11, authorizing the purchase agreement with Muirfield Village Golf Club at the second reading/public hearing on March 28, 2011. 1 ;HA V1INEE HILLS t 0C A �r LMDONq, IRG DR DR . E ER 41f 1 kt AGE pR_, E OS Z - Z GL1CK RD t LIBERTY �C 4 1 7 W CA a Q 4q- O 0 m Q� O ti ti 3.824 Acre Tract C. V Z �v � v1R pL M c y q s O D TWP O On pFR � DR (7 " Ordinance 12 -11 W E S Dublin Road Water Tower C1TY OF DUBLIN General Location Ma p co VtVDGE RD pp,R REAL ESTATE PURCHASE AGREEMENT This REAL ESTATE PURCHASE AGREEMENT (this "Agreement ") is made and entered into as of the 28th day of April, 2011 (the "Effective Date ") by and between the City of Dublin, an Ohio municipal corporation, with offices at 5200 Emerald Parkway, Dublin, Ohio 43017 ( "Purchaser "), and Muirfield Village Golf Club, an Ohio non - profit corporation, whose address is 5750 Memorial Drive, Dublin, Ohio 43017 ( "Seller "). Purchaser and Seller are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties." BACKGROUND INFORMATION WHEREAS, Seller is the owner of a certain tract of real property situated in the City of Dublin, County of Delaware and State of Ohio which Seller utilizes as parking land, such parking land real property being approximately 41.260 acres and known as tax parcel 60043229005000 (the "Parking Land Property "), out of which Purchaser seeks to purchase a 3.824 acre tract that is more fully described in the attached Exhibit "A" (said 3.824 acre tract, together with all improvements constructed thereon, and all rights, appurtenances and hereditaments appertaining thereto, the "Premises "); and WHEREAS, Purchaser desires to purchase the Premises from Seller, and Seller desires to sell the Premises to Purchaser, all in accordance with the terms and conditions of this Agreement. AGREEMENT NOW THEREFORE, in consideration of the foregoing and the covenants, warranties, terms and conditions hereinafter set forth, Purchaser and Seller (the "Parties ") agree as follows: 1. Purchase and Sale of Premises Purchaser hereby agrees to purchase and obtain from Seller, and Seller hereby agrees to sell and convey to Purchaser, subject to the satisfaction or waiver by Purchaser of the conditions precedent hereinafter set forth, the Premises. The total purchase price for the Premises (the "Purchase Price ") shall be Two - Hundred Fifty -Five Thousand Six Hundred Forty Dollars ($255,640), payable in cash or by immediately available wired funds at the Closing (as defined in Paragraph 7), subject to such prorations, credits, allowances and other adjustments as are specifically provided for herein. 2. Conditions Precedent Purchaser shall not be obligated to close under this Agreement unless all of the conditions precedent set forth below are satisfied and /or waived in the sole and absolute discretion of Purchaser on or before June 30, 2011 (the "Outside Contingency Satisfaction/Waiver Date "). If any one or any combination or all of the conditions precedent set forth in this Paragraph 2 are not satisfied in favor of and /or waived by Purchaser by a written notice delivered to Seller on or before the Outside Contingency Satisfaction/Waiver Date, this Agreement shall thereupon terminate and both Parties shall thereupon be fully released and relieved from all liability and obligation under this Agreement. The above- referenced conditions precedent shall be as follows: {OXF- 0289.4} (a) Purchaser shall approve of the environmental condition of the Premises as disclosed by a report secured at Purchaser's sole expense and prepared by a certified environmental engineer selected by Purchaser, a copy of which report shall be provided by Purchaser to Seller; (b) Purchaser shall be satisfied, in its sole judgment, with the physical condition of the Premises; (c) Purchaser shall determine, in its sole judgment, that the development and /or use of the Premises is feasible for Purchaser's intended purpose of the construction, maintenance and use of a water tower (the "Intended Purchaser Use "); (d) Purchaser shall successfully obtain lot split approval from Delaware County for the Premises (as to which lot split approval process Seller hereby agrees to cooperate fully with Purchaser at Purchaser's sole expense); and (e) Purchaser shall receive the approval of the Dublin City Council for all obligations under this Agreement. 3. Tests and Engineering Studies For and during the entire period that this Agreement is in effect, Purchaser shall, at its sole cost, have the right through Purchaser's associates, employees and /or contractors and agents to enter upon the Premises and cross the Parking Land Property for access to the Premises for the purpose of surveying, inspecting, making contour surveys of, performing temporary excavations (to be refilled by Purchaser as promptly as the same shall have served their purpose) of and obtaining test borings from the Premises, and for other purposes required by Purchaser, to enable Purchaser to ascertain whether it is feasible to complete the proposed development by it of the Premises. 4. Potential Easements Depending upon the resolution of certain site design issues, Purchaser may require up to two (2) potential easements near the Premises on the Parking Land Property. The first potential easement is a temporary construction easement on the Parking Land Property adjacent to the southern edge of the Premises. This temporary construction easement may be required for staging during the construction of a proposed water tower on the Premises. The second potential easement is a permanent storm water drainage easement that may be required in order to appropriately drain stormwater from the Premises. The area required for such stormwater drainage would be near a currently existing storm water drainage pipe located on the Parking Land Property. The storm water drainage easement would permit Purchaser to connect to, use and maintain such currently existing pipe. If, as a result of additional information gathered during the design process for the proposed water tower, such easements are determined to be necessary, Seller agrees to negotiate in good faith with Purchaser to provide such easements to Purchaser. 5. Evidence of Title (a) Title Commitment Purchaser may, at its sole expense, obtain a commitment (the "Title Commitment ") from a title insurance company licensed to do business in the State of Ohio to issue an ALTA Owner's Title Insurance Policy (Form 6/17/06) in the full amount of the {OXF- 0289.4} 2 Purchase Price (the "Title Policy "). Such Title Commitment may be certified to the Effective Date and may include copies of all recorded documents evidencing title exceptions raised in Schedule B of the Title Commitment. If Purchaser obtains such Title Commitment prior to the Closing, Purchaser may require that the Title Commitment show in Seller good and marketable title to the Real Property, free and clear of the standard printed exceptions contained in Schedule B of said commitment and the Title Policy, and free and clear of all liens, charges, encumbrances and clouds of title, whatsoever, except the following (collectively, the "Permitted Encumbrances "): (i) Matters created by Purchaser; (ii) Zoning ordinances, use restrictions, legal highways and public rights -of- way which do not interfere with the Intended Purchaser Use; (iii) Real estate taxes which are a lien on the Parking Land Property but which are not yet due and payable; and (iv) Easements and restrictions of record acceptable to Purchaser. (b) Survey Purchaser may, at its sole expense, obtain a survey of the Premises (the "Survey," and together with the Title Commitment, the "Title Evidence "). (c) Status of Title; Permitted Encumbrances; Objections Within fifteen (15) days after receipt of the Title Evidence but no later than forty -five (45) days after the Effective Date, Purchaser may provide Seller with written notice of the objections to the extent that the Title Evidence reveals matters other than the Permitted Encumbrances (the " Objections ") which constitute a monetary lien or may interfere with the Intended Purchaser Use. Purchaser's failure to provide written notice of any particular Objection within such time period shall constitute a waiver of Purchaser's right to make that particular Objection. To the extent any such timely noticed Objections constitute a monetary lien against the Premises, Seller shall satisfy those Objections at or before the Closing. For all other timely noticed Objections, Seller shall have a reasonable time, not to exceed thirty (30) days after receipt of written notice thereof, within which to make commercially reasonable efforts to cure or remove such Objections or, in the event such Objections cannot be cured or removed until the Closing, Seller shall provide Purchaser with evidence, satisfactory to Purchaser in its reasonable discretion, that such Objections will be fully cured and /or released at the Closing and /or cooperate with Purchaser and the Title Company in obtaining available endorsements to the Title Policy insuring against the risks associated with same. In the event such Objections are not cured or removed within said thirty (30) day period or in the event Purchaser cannot obtain satisfactory endorsements with respect thereto to the Title Policy, Purchaser shall make its election within five (5) days thereafter by written notice to Seller to either: (i) Accept title to the Premises without cure of such Objections, at which point such uncured Objections shall be Permitted Encumbrances hereunder; or {OXF- 0289.4} 3 (ii) Terminate this Agreement with the Parties thereupon being released and relieved from all liability and obligation under this Agreement. Purchaser's failure to make such election within such time period shall constitute Purchaser's election to accept title to the Premises as provided in clause (a) above. 6. Deed of Conveyance Seller shall convey to Purchaser, at the Closing, good and marketable title in fee simple to the Premises by transferable and recordable general warranty deed (the "Deed "), signed by all parties necessary or reasonably required by the Title Commitment or Purchaser's attorney, free and clear of all defects, mortgages, easements, restrictions, reservations, conditions, agreements, liens and encumbrances other than the Permitted Encumbrances. Seller shall pay the requisite conveyance fee and /or realty transfer tax required by applicable law. 7. Closing and Possession Seller and Purchaser agree that the purchase and sale of the Premises shall be closed (the "Closing ") upon request by Purchaser within five (5) business days after written notice of such request is given by Purchaser to Seller, provided that (a) the Closing shall occur on June 7, 2011 in the event such notice is given by Purchaser on or after May 23, 2011 and on or before May 30, 201 land (b) the Closing shall occur no later than July 29, 2011. The Closing shall be held at a time and place in Franklin or Delaware County, Ohio as shall be selected by Purchaser. At the Closing, Seller shall deliver the Deed and other closing documents reasonably necessary to consummate the transaction contemplated herein, and Purchaser shall pay to Seller the Purchase Price subject to such prorations, credits, allowances and other adjustments as are specifically provided for herein. Purchaser shall be entitled to full and exclusive possession of the Premises from and after the Closing. 8. Closing Expenses Seller shall, at the Closing (unless previously paid), pay by credit against the Purchase Price the cost of all municipal services and utility charges (if any) due through the date of the Closing and the cost to remove any lien or mortgage not assumed by Purchaser. Purchaser shall, at the Closing (unless previously paid), pay the following: (a) Recording fees required for recording the Deed; (b) The costs of furnishing the Title Commitment and the Title Policy, if any; (c) The fee, if any, charged by the title insurance company and /or closing agent for closing the transaction contemplated herein; and (d) The cost of the Survey, if any. 9. Taxes and Assessments Seller shall pay or credit against the Purchase Price all delinquent real estate taxes, together with penalties and interest thereon, all assessments which are a lien against the Premises as of the date of the Closing, both current and reassessed and whether due, or to become due and not yet payable, all use recoupment taxes (agricultural or otherwise) for years through the year of the Closing, if any, and all real estate taxes for years {OXF- 0289.4} 4 prior to the Closing, through the date of the Closing. The proration of undetermined taxes shall be based on a 365 -day year and on the last available tax rate and valuations, giving affect to applicable exemptions, recently voted millage, change in tax rate or valuation, etc., whether or not officially certified, and in the case of any such taxes relating to the Parking Land Property as a whole the amount allocable to the Premises shall be 9.27% of the total amount relating to the Parking Land Property. It is the intention of the Parties in making this tax proration to give Purchaser a credit as close in amount as possible to the amount which Purchaser will be required to remit to the County Treasurer for the period of time preceding the date of the Closing. Upon making the proration provided for herein, Seller and Purchaser agree that the amount so computed shall be final and shall not be subject to later adjustment. Seller warrants that all assessments now a lien are shown on said treasurer's duplicate, that no improvements have been installed by public authority, the cost of which are to be assessed against the Premises in the future, and that, excluding the notice that Seller has regarding the Intended Purchaser Use, Seller has not been notified orally or in writing of possible future improvements by public authority, any part of the cost of which would or might be assessed against the Premises. 10. Representations and Warranties Seller hereby represents and warrants as follows: (a) Seller has not received any written notice or notices from any municipal, county, state or 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 heretofore been corrected; (b) Provided the mortgagee under any mortgage which is a lien on the Premises releases the lien of such mortgage prior to or at the Closing, the execution, delivery and performance of this Agreement, and the consummation of the transaction contemplated herein, will not result in any breach of, or constitute any default under, or result in the imposition of any lien or encumbrance against, the Premises, under any agreement or other instrument to which Seller is a party or by which Seller or the Premises might be bound; (c) No other person or entity other than Purchaser has or will have prior to any termination of this Agreement any right to acquire the Premises or any portion thereof, (d) The execution, delivery and performance by Seller of this Agreement and the performance by Seller of the transaction contemplated herein, and the conveyance and delivery by Seller to Purchaser of possession and title to the Premises, have each been duly authorized by such persons or authorities as may be required, and, prior to or at the Closing, Seller shall provide documentation, in form reasonably satisfactory to Purchaser, evidencing such authorization; (e) From the Effective Date through and until the Closing, Seller shall not enter into any easement, lease or other contract pertaining to the Premises and shall not modify or change the condition of the Premises, unless Purchaser has approved of the same; and (f) Seller is not a "Foreign Person" as that term is defined in the Foreign Investment {OXF- 0289.4} 5 in Real Property Tax Act. 11. Survival of Representations, Warranties and Agreements, Indemnification The representations, warranties and agreements set forth in this Agreement shall not be canceled by performance under this Agreement, but shall survive the Closing and the delivery of the Deed hereunder. All representations and warranties set forth in Paragraph 10 shall be true and correct as of the Effective Date and as of the Closing, and at the Closing, if requested by Purchaser, Seller shall so certify, in writing, in form reasonably requested by Purchaser. Seller hereby agrees to defend, indemnify and hold harmless Purchaser from and against any and all claims, demands, lawsuits, losses, liabilities, damages and expenses of every nature and kind (including, without limitation, attorneys' fees arising by reason of any of the aforesaid or an action against Seller under this indemnity), which Purchaser may sustain at any time by reason of any untruth, breach, misrepresentation or nonfulfillment of any of the representations, warranties or agreements made by Seller in this Agreement or in any documents or agreements delivered in connection with this Agreement or with the Closing. 12. Notices Whenever in this Agreement it shall be required or permitted that notice be given or served by either Party hereto on the other, such notice shall be in writing and shall be deemed served when either delivered in person to the following designated agents for that purpose, or deposited in the United States Mail, by certified or registered mail, postage prepaid, return receipt requested, addressed to the other Party as follows: If to Seller: Muirfield Village Golf Club 5750 Memorial Drive Dublin, Ohio 43017 Attention: Daniel P. Sullivan with copy to: Daniel M. Maher Oxford Resource Partners, LP 41 South High Street, Suite 3450 Columbus Ohio 43215 or such other address as Seller may hereafter designate by written notice to Purchaser. Any notice to be served on Purchaser shall be addressed as follows: If to Purchaser: Marsha I. Grigsby City Manager City of Dublin 5200 Emerald Parkway Dublin, Ohio 43017 with copy to: Stephen J. Smith Schottenstein, Zox & Dunn A Legal Professional Association 250 West Street Columbus Ohio 43215 {OXF- 0289.4} 6 or such other address as Purchaser may hereafter designate by written notice to Seller. 13. Entire Agreement This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior negotiations, discussions, undertakings and agreements between the Parties. This Agreement may be amended or modified only by a writing executed by the Parties. 14. Applicable Law, Venue This Agreement is governed by and will be construed in accordance with the laws of the State of Ohio (regardless of the laws that might be applicable under principles of conflicts of law) as to all matters, including, but not limited to, matters of validity, construction, effect and performance. The Parties consent to the exclusive jurisdiction of the courts of the State of Ohio in Franklin County, and the United States District Court for the Southern District of Ohio, and waive any contention that any such court is an improper venue for enforcement of this Agreement. g . 15. Time of Essence ������ Time is of the essence of this Agreement in all respects. 16. Assignment This Agreement is binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. Any assignment of this Agreement will not relieve the assigning party of its obligations under this Agreement. 17. Invalidity In the event that any provision of this Agreement is held to be invalid, the same will not affect in any respect whatsoever the validity of the remainder of this Agreement. 18. Waiver. Any waiver of a right or default under this Agreement must be in writing. Any waiver of a particular default will constitute a waiver of such default only and not of any other default by the nonwaiving party. Any waiver of a specific right or remedy under this Agreement will constitute a waiver of such right or remedy only and not of any other right or remedy of the waiving party. 19. Headings The subject headings of the various paragraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. {OXF- 0289.4} 7 20. Counterparts This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement, binding on all of the Parties, notwithstanding that all of the Parties are not signatories to the same counterpart. [Remainder ofPage Intentionally Left Blank with Signatures on Following Page] g. , {OXF- 0289.4} 8 ��.. ", $ �s4,'" p, h g. , {OXF- 0289.4} 8 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. Seller MUIRFIELD VILLAGE GOLF CLUB Buyer: CITY OF DUBLIN a political subdivision of the State of Ohio By: Name: Nicholas J. LaRocca Title: General Manager By: _ Name Title: Marsha I. Grigsby Dublin City Manager Approved as to form: Stephen J. Smith, Law Director CERTIFICATE OF AVAILABILITY OF FUNDS I certify that the money required to meet the obligations of the City of Dublin hereunder has hereby been lawfully appropriated for such purpose and is in the treasury or in the process of collection to the credit of this fund, free from an previous obligation or certification as required by Ohio Revised Code §5705.01 to §5705.47. Date Dublin Finance Director {OXF- 0289.4} U-11 -11—;+ N A 11 SURVEY OF ACREAGE TRACT Date, Aily 9.2010 VIRGINIA MILITARY SURVEY NO. 2545 Scale: I" - 100' CITY OF DUBLIN, COUNTY OF DELAWARE, STATE OF OMO ROAD MART J. VALLISTDN, TRUSTEE OF THE MARY t 'WJaSTON TRUST D.R. 7.5 P. 2445 6.053 ACRES (GEED) a � 39 b.l -LL N y e) 1 � i3 n, 3 Z Hie � 8 � m a , 2 ]aa1' 1 00 D 100 200 GRAPHIC SCALE (In feet) 3.824 ACRES (0.172 AC. IN R/W) • 3 /4' I.P. F'ND.(unlese notatl) - C '4y Job No. 2009 -1551 O, ue q BASIS OF BEARINGS: The asntYn'vy of Dubawn- 997e"rt Rood, ey y...�.t...rQ a o: had-g o bee, Vnq of N 16'04'32" Wand based the Otro $tote Plane CoarCiiaots 'AINNERS OFFICE PARR s on System (South Zone) as per NSRS2007, is CONDOMINNIM 0p, a a the basis of bearings far this survey. P.B 22. P. 95 Control for bearings are from the G�1 teorSnales of monuments FCGS 5646 & o FOGS 6546 established by She Fronkgn County Engineenng Department, icing Global Ppsilipa ng procedures and Ta.M' equipment. Notre: 7s This survey wa p using dacoments of r s d, prior Plots of survey, and ab-bl. Field e+idenca. jw Note: 0".Potion. in ge"mi, its wrwey. �r stiff MUIRROX VILLAGE GOLF CLUB 41280400 v, OF PA. 6 Q % s OCHAEL ;* 0. WA! +HICK TE54 1 11. • 3 /4' I.P. F'ND.(unlese notatl) - C '4y 0 - I.P. SET O, p' A = R.R. SPK Ft4D. ey y...�.t...rQ A R.R. SPX. SET Miahpe! A ,Pondvk++ I.P. Set are 13/16" I.O. iron ProJessiood Surxyor Na. X954 pipe with Cap Insarbed EMHT ANC Legal description of 3.824 acre tract (OXF1289.4)