Ordinance 68-11RECORD OF ORDINANCES
Ordinance No.
Inc.
__.FDm_&_300_43
Passed 20
68 -11
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTATION
FOR THE ACQUISITION OF A 17.681 ACRES, MORE OR
LESS, FEE SIMPLE INTEREST FROM THE OHIO STATE
UNIVERSITY, AND DECLARING AN EMERGENCY.
WHEREAS, The Ohio State University ( "Ohio State ") owns property south of
Eiterman Road known as Franklin County Parcel No. 273 - 001903, consisting of
approximately 17.681 acres and as more fully described in the legal description
attached hereto as Exhibit "A" (the "Property"); and
WHEREAS, neighboring property owner Nestle USA hie. (d/b /a Nanolab Inc.)
( "Nestle ") is seeking to expand its facilities; and
WHEREAS, Ohio State is willing to sell the Property to the City of Dublin
('Dublin "), and Dublin thereafter plans to sell some of that Property to Nestle to
assist Nestle in its expansion and to further the economic development interests of
Dublin; and
WHEREAS, Dublin desires to execute necessary conveyance documentation to
complete the initial conveyance from Ohio State to Dublin.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, 6 of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute all necessary
conveyance documentation to acquire the Property, an approximate 17.681 acres,
more or less, fee simple interest from Ohio State.
Section 2. Dublin shall acquire the Property for One Million Seven Hundred
Seventy -Eight Thousand Forty -Six Dollars ($1,778,046).
Section 3. This ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public health, safety and welfare. The acquisition of
the property interests described herein is necessary to further economic development
efforts within Dublin and is thus necessary for the immediate preservation of the
public welfare of the citizens of Dublin.
Passed this day of ,! )e e f h Li -_— 2011.
i
O fficer Mayor - Pe ding
ATTEST:
01_� �2 0144 �
Clerk of Council
SZD
MEMORANDUM
TO Dublin City Council
Marsha I. Grigsby, City Manager
FROM Dana McDaniel, Deputy City Manager / Director of Economic Development
Stephen J. Smith, Law Director
Asim Z. Haque
DATE: November 23, 2011
RE: Ordinance No. 68 -11
Acquisition of Property from The Ohio State University
PROJECT BACKGROUND:
Nestle USA Inc. (d/b /a Nanolab Inc.) (" Neste") approached the City of Dublin ( "Dublin ") about
expanding its facilities located at 6625 Eiterman Road. Dublin, in an attempt to assist Nestle and
facilitate economic development in the area, approached The Ohio State University ( "Ohio
State ") to gauge Ohio State's interest in selling the neighboring property (Franklin County Parcel
No. 273 - 001903) (the "Property").
Ohio State determined that it did not have a need for the Property and that it would sell the
Property to Dublin. Dublin, in turn, will retain some acreage from the Property and sell the
remainder to Nestle.
ACQUISITION INTRODUCTION:
The City will be acquiring approximately 17.681 acres from Ohio State. The location of the
Property is depicted in a map attached to this memorandum as Exhibit "A ". The acquisition
specifics are as follows:
Property Interest Acquiring
ACRES
NEGOTIATED
ACQUISITION PRICE
Fee Simple Interest
±17.681
$ 1,778,046
(Franklin County Parcel No.
273 - 001903
In 2009 and 2010, Ohio State had two appraisals performed on the Property. The average of
these two appraisals equal $111,000 per acre. Dublin had an appraisal performed in September,
2011 by The Robert Weiler Company who appraised the Property at $90,000 per acre. As the
result of negotiations, Dublin and Ohio State agreed to a price of $100,500 per acre.
ACTION TO BE AUTHORIZED BY ORDINANCE:
Ordinance 68 -11 would authorize the City Manager to execute all necessary conveyance
documentation to formally acquire the aforementioned property interests. A draft Real Estate
Purchase Agreement is affixed to this memorandum as Exhibit "B ". This draft is not final, and is
subject to negotiation between Dublin and Ohio State. Dublin and Nestle have just begun to
negotiate the terms of a Real Estate Purchase Agreement, and the packet may be supplemented
for the second reading in the event that the agreement is in close to final form.
RECOMMENDATION:
Staff recommends adoption of Ordinance No. 68 -11 by emergency at the second /reading public
hearing on December 14, 2001, as acquiring the Property will facilitate economic development
efforts within Dublin.
2
EXHIBIT
A
17.681 ACRES
Situate in the State of Ohio, County of Franklin, City of Dublin, lying in Virginia Military Survey
Number 6748, being part of that 17.692 acre Tract 2 conveyed to Board of Trustees of the Ohio State
University by deed of record in Deed Book 3674, Page 787, (all references refer to the records of the
Recorder's Office, Franklin County, Ohio) being more particularly described as follows:
BEGINNING at a railroad spike found at the intersection of the centerline of Eiterman Road
(County Road 41)(former centerline of U.S. Route 33 per FRA -33 -0.00 (1950)) with the County Line
common to said Franklin County and Union County, being the northeasterly corner of said 17.692 acre
Tract 2 and in the southerly line of that 6.050 acre Tract 1 conveyed to City of Dublin, Ohio by deed of
record in Official Record 603, Page 516 (Union County);
Thence South 40° 19' 13" East, with the centerline of said Eiterman Road, the northeasterly line
of said 17.692 acre tract, (passing at 1689.72 feet a 1 inch iron pin found in a monument box) a total
distance of 1310.59 to a magnetic nail set in the northerly line of that conveyed to Board of County
Commissioners of Franklin County, Ohio by deed of record in Deed Book 3452, Page 177, being South
81 ° 07' 22" East, a distance of 17.38 feet from a 5/8 inch rebar found on the southwesterly limited access
right -of -way line of U.S. Route 33;
Thence South 81° 07' 22" West, with the southerly line of said 17.692 acre tract, the northerly
line of said 2.417 acre tract and that 8.663 acre tract conveyed to Nanolab Inc. by deed of record in Deed
Book 3674, Page 787, (passing a 3/4 inch iron pipe found at 76.42 feet) a total distance of 556.68 feet to a
3/4 inch iron pipe capped `BIRD & BULL" found;
Thence South 04° 34' 36" East, with said common lines, a distance of 598.18 feet to a 3/4 inch
iron pipe capped "BIRD & BULL" found in the northerly line of that 32.93 acre tract conveyed to Steele
Land Company by deed of record in Official Record 18351A19;
Thence South 85° 21' 50" West, with the line common to said 17.692 and 32.93 acre tracts, a
distance of 343.71 feet to a 314 inch iron pipe found at the southeasterly corner of that 74.503 acre tract
conveyed to City of Dublin, Ohio by deed of record in Instrument Number 200710300187804 (Franklin
County) and Official Record 760, Page 509 (Union County);
Thence North 04° 08' 14" West, with the line common to said 17.692 and 74.503 acre tracts, a
distance of 1718.08 feet to a concrete right -of -way monument found at the southwesterly comer of said
6.050 acre tract, being an angle point in the southwesterly right -of -way line of said Eiterman Road;
Thence South 87° 55' 11" East, with said southwesterly right -of -way line, the line common to
said 17.692 and 6.050 acre tracts, (passing at 59.71 feet a 3/4 inch iron pipe found) a total distance of
120.86 feet to the POINT OF BEGINNING, containing 17.681 acres, more or less.
Subject, however, to all legal rights -of -way and/or easements, if any, of previous record.
2011.
This survey is based on a field survey performed by EMH &T, Inc. in November 2001 and June
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter,
thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
Bearings are based on the Ohio State Plane Coordinate System/South Zone as per NAD83 (1986
Adjustment). Bearings reference the same meridian as the bearings shown on the subdivision plat entitled
"Ballantrae Section 1, Part 1 ", of record in Plat Book 98, Pages 30 and 31, Recorder's Office, Franklin
F rnroori,
County, Ohio, v�jd1Y° ng MJgorth 85° 41'57" East for a portion of Shier Rings Road.
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EVANS, MECHWART, HAMBLETON & TILTON, INC.
HEATHER
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Registered Surveyor No. 8307
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SURVEY OF ACREAGE PARCEL
VIRGINIA MILITARY SURVEY 6748
CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO
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p = STONE FND.
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♦ = R. R, SPK. END.
4 = R.R. SPK. SET
• = P.K. NAIL FIND. LP. Set ore 13/16" I.D. iron
pipe with cop inscribed EMHT INC
100 0 10o zoo
GRAPHIC SCALE (in feet)
BOARD OF TRUSTEES OF THE
OHIO STATE UNIVERSITY
TRACT 2
17.692 AC. (DEED)
D.B. 3674, P. 787 \
Cosgray No. 2
Petition Ditch \
\ 76 42' 5 /B' Rebar
556 -68 N81 *07'22"E
S81'07'2 2W 17.38'
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NANOLAB INC.
ro 8.663 AC. (DECD) \ oP S\
D.B. 3671, P. '787 \
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STELE LAND COMPANY
ORIG, 32.93 AC. (DEED)
O.R. 18351A19
P °rc_. - Dublin COIC / 2011 -1410 / 201114108NDY 02
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BASIS OF BEARINGS.
The Bennogs h arc based n the Ohn, Star II C d'
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System/SOntl Line riper NAD83(1986 A,h sh-rB Be. g- fuenec
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the samcmc'r he bee'g: : h rwn on the Ili -on plat entitled
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Badantrac 5 - 1, Pan I' f rd in PI B >k 9K, 30 and 31.
Recorder'., Office, Franklin Counly. Ohio, with o bearing of N,,nh KS' 41'
UNION CO UNTY \- \a
57" P st Cor e p-Ron of Shier Rings Rnad.
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\ FRANKLIN COUNTY \�
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FE MA NOTE;
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According to the Federal Emergency Management Agency's fl-I
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determined to In, o-ide of the 0.2% annual Chance floodpla n)
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SURVEYNOTE::
This survey ... prcparcd using documents of record, I nor plats of survey,
and observed evidence located by an aonral f cld survey.
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ZONE AE
\FI COOWAV -�
p = STONE FND.
■ = MON. BOX W 11" IP END.
• = 3/4" I.P. END.
o =
1. P. SET
• = MAC. NAIL END.
O = MAC. NAIL SET
♦ = R. R, SPK. END.
4 = R.R. SPK. SET
• = P.K. NAIL FIND. LP. Set ore 13/16" I.D. iron
pipe with cop inscribed EMHT INC
100 0 10o zoo
GRAPHIC SCALE (in feet)
BOARD OF TRUSTEES OF THE
OHIO STATE UNIVERSITY
TRACT 2
17.692 AC. (DEED)
D.B. 3674, P. 787 \
Cosgray No. 2
Petition Ditch \
\ 76 42' 5 /B' Rebar
556 -68 N81 *07'22"E
S81'07'2 2W 17.38'
d
O a\
O y \
NANOLAB INC.
ro 8.663 AC. (DECD) \ oP S\
D.B. 3671, P. '787 \
'e
0
L ---- S71 21 343 71 e a x 5 u
I
i
STELE LAND COMPANY
ORIG, 32.93 AC. (DEED)
O.R. 18351A19
P °rc_. - Dublin COIC / 2011 -1410 / 201114108NDY 02
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City of Dublin
WASHINGTON TWP
Location Map for The Ohio State University Property
on Eiterman Road
[ti 6tYeFk!.'.,
Ord. 68 -11
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