16-85 Resolution
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RESOLUTION NO. 16-85
A RESOLUTION AUTHORIZING THE VILLAGE
MANAGER TO ENTER INTO A SEWER AND WATER
LINE COST REIMBURSEMENT WITH BRAND ROAD
INVESTMENT COMPANY LIMITED; 1-270 INVEST-
~.... MENT COMPANY AND HAMILTON J. TEAFORD,
I TRUSTEE.
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I Section 1. The Village Manager be and hereby is authorized
I to contract with and obligate the Village of Dublin for the
purchase by way of reimbursement expenses to Brand Road Invest-
I ment Company Limited; 1-270 Investment Company and Hamilton
J. Teaford, Trustee for certain sewer and waterline improvements
per the attached Sewer Line Agreement and attached Exhibits
A, B, C and D.
Section 2. That the form of said reimbursement agreement shall
be subject to approval of the Law Director.
Section 3. This agreement shall take effect and be in force
from the earliest period permitted by law.
Passed this 7th day of October , 1985.
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Attest:
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I -lr~Uo ~. \{~~
C erk of Co nc~
I hereby certify that copies of thi~ O:dinance/Resolutit'm
were posted in the Village of Dublin 10 accordance With
Section 731.25 of the Ohio Revised Code.
I . ?A/hl//x'? 7?J. 7LA/GI~
Clerk of Council
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SEWER LINE AGREEMENT < l"fll"r r~ V'~;."..r)
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THIS AGREEMENT, made and entered into this ____ day of ,
1985, by and among THE VILLAGE OF DUBLIN, OHIO, an Ohio municipal
corporation classified as a Village (hereinafter called "Dublin"),
"... and BRAND ROAD INVESTMENT CO., LTD., an Ohio limited partnership, I-270
- INVESTMENT COMPANY, an Ohio corporation, and HAMILTON J. TEAFORD,
TRUSTEE, (hereinafter collectively called "D~velopers").
WITNESSETH:
WHEREAS, Developers own and intend to develop certain tracts of
land totalling approximately 700 acres situated in the Village of
Dublin, Franklin County, Ohio, and located northeast and southwest of
Brand Road and east and west of Coffman Road in Dublin, which tracts
of land are described in Exhibits A, B, and C, attached hereto and
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made a part hereof and hereinafter referred to as the "Tracts for
Development"; and
WHEREAS, Dublin intends to provide sewer service to a large
",..... portion of its community, including those areas in or near the Tracts
for Development; and
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WHEREAS, Dublin is presently without funds with which to totally
finance the cost of the sewer mains and related facilities necessary
to carry out its intention to provide sewer service to those areas in
or near the Tracts for Development; and
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WHEREAS, if Dublin will agree as hereinafter provided to
reimburse Developers for their costs incurred and, contingent upon
construction of the West Branch Sewer, to allocate to Developers and
their successors and assigns for use in the Tracts for Development a
portion of the capacity of the sewer main and related facilities,
Developers are willing, at their cost, to construct a sewer main and
related facilities which will be connected to and become part of the
r- sanitary sewer system of Dublin in order to provide sewer service to
.~ the Tracts for Development and other areas of northern Dublin, which
sewer main (hereinafter called the "sewer main") shall extend from
point A to point B as shown on the attached plat marked Exhibit D,
attached hereto and made a part hereof (said sewer is a part of the line
commonly referred to as the North Fork of the Indian Run Sanitary Sewer),
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in accordance with the plans and specifications prepared by Evans,
Mechwart, Hambleton and Tilton, Inc. and approved by Dublin.
NOW, THEREFORE, in consideration of the foregoing and of the
covenants and agreements hereinafter set forth, Dublin and Developers
do hereby agree as follows:
",... 1. Developers shall arrange, contract for and cause to be done
- such engineering and construction work as shall be necessary in order
to design and construct said sewer main and related facilities (all
hereinafter called the "new sewer facilities"). Developers have caused
Evans, Mechwart, Hambleton and Tilton to prepare design plans for the
new sewer facilities, which plans are entitled NORTH FORK INDIAN RUN
SANITARY TRUNK SEWER, consisting of twelve (12) pages and dated
November 19, 1980 (hereinafter called the "Plans"), which plans and
specifications have been submitted to and approved by the Dublin
Engineer. As of the date hereof, Developers have solicited bids from
responsible contractors for the construction work to be done by
Developers in accordance with the provisions of Paragraph 1 hereof and
,..... have awarded or will shortly award contracts for such construction work
to the lowest and best bidder or bidders as determined by Developers.
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2. Developers shall cause construction of the new sewer
facilities to be commenced within sixty (60) days of the date of
execution of this agreement by Dublin and Developers, and shall there-
after cause such construction to be diligently prosecuted to completion
in accordance with said Plans.
3. Upon completion of construction of the new sewer facilities
and acceptance thereof by Dublin, Developers shall convey to Dublin
title to the new sewer facilities. Certification by the Dublin
Engineer that the new sewer facilities have been constructed in
accordance with the Plans shall constitute an acceptance thereof by
Dublin, and, upon delivery of the instruments conveying title, the
t'" title to the new sewer facilities shall be vested in Dublin and the
~ same shall thereupon be and become a part of Dublin's sewer facilities.
After acceptance of the new sewer facilities by Dublin, Developers
shall have.no liability or responsibility whatsoever in connection
therewith, except that Developers shall cause repairs to be made to
the same necessitated by defects in the original construction which
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appear within a period of one (1) year following the date of such
acceptance. Developers' obligation to make repairs shall be secured
by a performance bond furnished by a surety acceptable to Dublin, said
bond or letter of credit to be in an amount equal to ten percent (10% )
of the total cost of constructing the new sewer facilities.
",... As consideration for the conveyance to Dublin of title to
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--- the new sewer facilities, Dublin shall reimburse Developers for the
direct costs of the construction of the new sewer facilities, which
direct costs (hereinafter called the "Construction costs") shall
include, without limitiation, construction costs, on-site supervision
engineering costs and shall exclude the costs of materials or completed
construction damaged or destroyed for which Developers receive reimburse-
ment by an insurer for such damage or destruction and items which would
normally be considered to be Developers' general overhead expenses in
accordance with generally accepted accounting principles. Reimbursement
of the Construction Costs by Dublin to Developers shall be made as
follows: Any and all funds received by Dublin as fees or other charges
f!""'" for taps and service connections into the sewer main or sewer lines
"- extending from or served by the sewer main between said point A and B,
inclusive of said points and Thirty-three and One Third (33 1/3%) percent
of such fees and charges for said taps and connections extending from
or served by said main extended between point B and Avery Road shall
be paid by Dublin to Developers on a quarterly basis until the earlier
of the tenth anniversary of the date as of which title to the new
sewer facilities is transferred to Dublin by Developers or the time as
of which Developers have been fully reimbursed for the Construction
Costs except that with reference to such fees and charges attributable
to the property presently owned by 1-270 Investment Company included
within said 700 acres, said period shall be extended to the earlier of
the fifteenth anniversary of the date as of which title to the new sewer
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facilities is transferred to Dublin by Developers or the time as of
.... which Developers have been fully reimbursed for the Construction Costs.
In no event shall Dublin pay to Developers any funds collected as fees
or other charges for taps and service connections into sewerlines
extending from point B to Avery Road which are in excess of the costs
of the oversizing of said sewer from point A to point B. Said costs
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of oversizing shall be determined by .theDtib1in engineers. Until such
time as Developers shall have received the payments to which they are
entitled pursuant to this Paragraph 4, Dublin agrees that it will
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establish and maintain an account with its official depository, separate
from all other accounts it may have, that it will deposit therein all
".... funds received by it as fees or other charges for taps and service
'-' connections into the sewer main or sewer lines extending from or served
by the sewer main, and that it will make payments to Developers there-
from in accordance with the foregoing provisions of this Paragraph 4.
After all such payments have been made to Developers, Developers agree
to execute and deliver to Dublin. a full, final and complete release
to the effect that all monies owing Developers, pursuant to this agree-
ment, have been paid. When such release is received, Dublin shall
close the account set forth above and transfer any remaining funds
therein as its Council may direct. Dublin does hereby agree that the
water and sewer surcharge capacity fees provided for in Ordinance No.
81-80, passed May 18, 1981, were not intended to be applicable and
1"""" do not apply to Developers' property.
"- 5. Dublin hereby grants to Developers and such agents and
contractors as Developers may engage in construction of the new sewer
facilities the right to enter upon the right of way of Coffman and
Brand Roads so long as said entry is for the purpose of constructing
the new sewer facilities.
6. At any time during the period of construction of the new
sewer facilities and for a period of one (1) year after acceptance
thereof by Dublin as hereinbefore provided, Dublin may, during normal
business hours and through its duly authorized agents, attorneys or
accounttnts, examine the books and records of Developers pertaining to
the costs incurred by Developers in causing the new sewer facilities
to be designed and constructed.
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7. Developers shall cause their agents and the contractors
....... and subcontractors engaged in construction of the new sewer facilities
to comply with the Workers' Compensation Law of the State of Ohio and
shall indemnify and hold harmless Dublin from any and all claims,
demands, actions or liabilities arising out of personal injury, death
or property damage resulting from the construction work performed or
caused to be performed by Developers pursuant to this agreement.
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8. Hamilton J. Teaford, Trustee, and Brand Road Investment,
Ltd. agree to extend, as they develop their respective grourid, a
water line presently existing in the right-of~way of Coffman Road
south of Brand Road Investment Co., Ltd.'s property. Such line shall
be extended from its present terminus as a sixteen inch line to Brand
",.... Road, then, westerly along Brand Road to the Teaford property as a
~ twelve-inch line, and then through the Teaford property to State Route
745 as a twelve-inch line. Such line may be constructed in phases as
the Teaford property is developed. Dublin shall reimburse the
Developers as follows: an amount equal to the difference in cost
between one-half (~) the cost of construction of an eight-inch water
line and the cost of the water line required to be built by Dublin
for the line in Coffman and Brand Roads and the difference in cost
between the cost of construction of an eight inch water line and the
cost of the water line required to be built by Dublin for the line
through the Teaford property. For purposes of this agreement, one-
half (~) of the cost of construction of an eight-inch water line
,.... shall be deemed to be Twelve Dollars ($12.00) per lineal foot thereof.
I The repayment of such costs shall be made to the Developers upon
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acceptance by Dublin of each phase of the water line construction.
The plans and specifications for such water line and each section
thereof shall be sUbject to the no~~al review and approval of Dublin.
Dub~in further agrees to allow such water line to be constructed
within Coffman Road or Brand Road rights-of-way.
DUBLIN, OHIO BRAND ROAD INVESTMENT CO., LTD.,
icipal cor oration an Ohio limited partnership
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BY: By:
General Partner
BY By:
General Partner
FORM: I-270 INVESTMENT COMPANY,
~ C an Ohio Corporation
o/L~S
BY:
..... SOLICITOR
DUB L I N HAMILTON J. TEAFORD, TRUSTEE
BY: '.
D EVE LOP E R S
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Situated in the state of Ohio, County of Franklin, Village
of Dublin, and in Virginia Military Survey Nos. 3010 and 2543,
all references being to records in the Recorder's Office, Frank-
lin County, Ohio, and being bounded and described as follows:
Beginning at an iron pin in the centerline of Brand Road,
said iron pin being located, South 73- 25' 47- West, a distance
of 533.97 feet from the northeast corner of said virginia Mili-
tary Survey No. 3010, at the northwest corner of virginia Mili-
tary Survey No. 2543, and at a corner of Virginia Military
r Survey No. 2544, said pin also being at the southwest corner of a
3.392 acre tract of land as conveyed to Ronald L. and Sarah R.
- Geese, by deed of record in Deed Book 3261, Page 582;
thence South 47- 38' 24- East, along said centerline of
Brand Road, a distance of 383.14 feet to a point at the north-
westerly corner of the 1.119 acre tract conveyed to Joel R. and
Robin R. Campbell, by deed of record in Official Record 04886
C021
thence South 42- 21' 36- West, along the northwesterly line
of said 1.119 acre tract, a distance of 325.0 feet to the south-
westerly corner of said tract;
thence South 47- 38' 24- East, along the southwesterly line
of said 1.119 acre tract, a distance of 150.0 feet to the south-
easterly corner of said tract;
thence North 42- 21' 36- East, along the southeasterly line
of said 1.119 acre tract, a distance of 325.0 feet to the north-
easterly corner of said tract in the centerline of Brand Road;
thence South 47- 38' 24- East, along said centerline of
;-- Brand Road, a distance of 101.02 feet to the northwesterly corner
of the Arthur Plummer tract, of record in Deed Book 1401, Page
195;
~ thence South 3- 48' 05- West, along the westerly line of
said Arthur Plummer tract, a distance of 1099.94 feet to the
southerly corner of said tract;
thence North 13- 20' 56- East, along the easterly line of
said Arthur plummer tract, a distance of 987.16 feet to a point
in the centerline of Brand Road;
thence with the centerline of Brand Road, the following two
(2) courses:
South 48- 31' 15- East, a distance of 241.57 feet to a
POint1 and,
South 60- 16' 26- East, a distance of 136.53 feet to a
POint1
Continued....
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thence South 29. 371 48- West, with the westerly line of the
tract of land conveyed to Barbara L. Sherwood, by deed of record
in Deed Book 2723, Page 79, a distance of 208.88 feet to a point:
thence South 600 22' 12- East, with the southerly line of
said Sherwood tract, a distance of 208.66 feet to a point:
thence North 290 371 48- East, with the easterly line of
,. said Sherwood tract, a distance of 208.53 feet to a point:
thence with the centerline of Brand Road, the following two
_ ( 2 ) course s : .
South 60. 16' 26- East, a distance of 130.55 feet to a
point: and,
South 550 201 13- East, a distance of 73.84 feet to the
northwesterly corner of the S.P. and J.A. Hartman 1.00 acre
tract:
thence South 350 161 28- West, along the northwesterly line
of said 1.00 acre tract, a distance of 193.04 feet to the south-
westerly corner of said tract:
thence South 550 20' 13- East, along the southwesterly
corner of said 1.00 acre tract, a distance of 225.65 feet to the
southeasterly corner of said tract:
thence North 350 161 28- East, along the southeasterly line
of said 1.00 acre tract, a distance of 193.04 feet to the north-
easterly corner of said tract and being in the centerline of
Brand Road:
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thence South 460 22' 36- East, along said centerline, a
distance of 909.18 feet to the northeasterly corner of the 0.4376
~ acre tract conveyed to Franklin County Commissioners, by deed of
record in Official Record 00161 A20J
thence along the southwesterly line of said 0.4376 acre
tract, the following five (5) courses and distances:
South 47. 081 03- West, a distance of 30.02 feet to a point:
South 280 54' 54- East, a distance of 66.65 feet to a pointJ
South 40. 58' 42- East, a distance of 321.07 feet to a
point;
South 50. 481 37- East, a distance of 51.61 feet to a pointJ
and,
Continued....
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North 520 12' 33- East, a distance of 30.10 feet to a point
in the centerline of Brand Road1
thence South 360 56' 32- East, along said centerline of
Brand Road, 431 . 90 feet to the northwesterly corner of the Count
R. Bower (L.E.) tract7
thence along said Count Bower tract, the following ten (10)
,- courses and distances:
South 550 41' 06- West, a distance of 154.81 feet to a
- POint7
South 210 11' 07- East, a distance of 126.49 feet to a
POint7
South 10 50' 56w West, a distance of 50.60 feet to a point7
South 240 55' 14- West, a distance of 140.01 feet to a
POint7
South 210 42' 58w East, a distance of 81.20 feet to a point7
South 690 12' 52- East, a distance of 109.72 feet to a
POint7
South 440 30' 33w East, a distance of 38.35 feet to a point7
South 400 47' 15- East, a distance of 99.35 feet to a point7
South 730 45' 55w East, a distance of 62.97 feet to a point7
and,
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North 800 33' lOw East, a distance of 253.09 feet to a point
in the centerline of Coffman Road7
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thence South 20 52' lOw west, along said centerline of
Coffman Road, a distance of 49.81 feet to the northeasterly
corner of the 5.904 acre tract conveyed to Dublin Baptist Church,
by deed of record in Official Record 01736 E057
thence along the northerly, westerly and southerly lines of
said 5.904 acre tract, the following seven (7) courses and dis-
tances:
South 87. 15' 43- West, a distance of 300.19 feet to a
point7
North 40. 47' 15- West, a distance of 67.56 feet to a point7
Continued....
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South 230 01' 36w West, a distance of 642.39 feet to a
POint1
South 77. 03' 07. East (a chord bearing and distance), a
distance of 210.00 feet (Delta = 20. 09' 26-, Radius = 600.0
feet), to a POint1
South 87. 07' 50. East, a distance of 300.00 feet to a
point1
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North 470 52' 10- East (a chord bearing and distance), a
~ distance of 28.28 feet (Delta = 900 00' 00-, Radius = 20.0
feet), to a POint1 and,
South 87. 07' 50. East, a distance of 40.00 feet to a point
in the centerline of Coffman Road1
thence South 2. 52' 10. West, along said centerline of
Coffman Road, a distance of 334.55 feet to the northeasterly
corner of the 0.7346 acre tract conveyed toF.S. and P.L. Bostic,
by deed of record in Official Record 04175 A191 .
thence South 880 07' 14- West, along the northerly line of
said 0.7346 acre tract, a distance of 200.00 feet to the north-
westerly corner of said tract1
thence South 2. 52 i 10. west, along the westerly line of
said 0.7346 acre tract, a distance of 160.00 feet to the south-
westerly corner of said tract1
thence South 88. 07'.14- West, with a portion of the north
line of a tract of land conveyed to the Corporation of the Pre-
~. siding Bishop of the Church of Jesus Christ of Latter Day Saints,
by deed of record in Deed Book 3650, Page 518, and a portion of
the north line of -HEMMINGWAY VILLAGE SECTION NO. 1-, recorded in
Plat Book 53, Pages 12 and 13, a distance of 1050.06 feet to a
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thence westerly, with a portion of the north line of said
-HEMINGWAY VILLAGE SECTION NO. 1-, and the north line of -HEM-
MINGWAY VILLAGE SECTION NO. 2-, recorded in plat Book 55, Pages
92 and 93, a distance of 1524.58 feet to a point1
thence North 3. 25' 51- East, with a portion of the east
line of Virginia Military Survey No. 3010, and a portion of the
west line of virginia Military Survey No. 2543, a distance of
1945.50 feet to a point;
Continued....
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thence along the northerly line of the 105.541 acre tract
conveyed to Post Road Investment, by deed of record in Deed Book
3763, Page 784, North 860 59' 04- west, a distance of 1021.89
feet to a concrete corner post at the northeast corner of lands,
now or formerly owned by Mildred P. Orr, et.al., by deed of
record in Deed Book 3633, Page 372;
thence along the northerly line of said Orr lands, North 86.
,.,... 27' 35- West, a distance of 960.27 feet to a concrete post being
a corner of said landsi
~ thence North 3. 49' 26w West, along a portion of the east
line of said Orr lands, a distance of 115.01 feet to a point;
thence North 860 27' 38w West, a distance of 39.00 feet to a
point in the east line of lands, now or formerly owned by Har-
rison Farms, a partnership, by deed of record in Deed Book 3631,
Page 269i
thence along a portion of said east line of Harrison Farms,
North 2. 52~ 51- East, a distance of 864.88 feet to a pointi
thence South 72. 58' 18- West, along the northerly line of
said Harrison Farms, a distance of 1251.48 feet to a point7
thence North 17. 07' 31- West, along the east line nf said
Harrison Farms, a distance of 622.10 feet to a point in the north
line of Virginia Military Survey No. 3010,
thence along said north line, North 72. 10' 43w East, a
distance of 1970.39 feet ~o a post, said post being the southwest
corner of lands, now or formerly owned by Earl D. Gary;
r thence North 710 43' 08w East, continuing with said Virginia
Military Survey Line, a distance of 1202.54 feet to the point of
- beginning, containing 266.00 acres, more or less.
The above description was prepared from records only and
does not represent an actual survey.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
By: -r -L. i. rJUL
Thomas D. Sibba1ds,
Registered Surveyor No. 5908
TDS/ksm.
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Description of a 71.967 Acre Tract
For
John L. McKitrick et al.
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Situated in the State of Ohio. County of Franklin. Village of Dublin.
and bounded and described as follows:
Being part of Virginia Military Surveys No. 2542 and 2543; also being part
of Parcel 1 shown of record in Deed Book 2193, page 428 and Parcels 2 and 3
shown of record in Deed Book 2186. page 554 and 555, the aforementioned
.",.,... references being to a 22.179 Acre Tract and part of a certain 32.59 Acre Tract,
shown of record in Deed Book 1106, page 444, and part of a certain 21 Acre
Tract. shown of record as Parcel 2, in Deed Book 2193, page 428, and as Parcel 1
""-" in Deed Book 2186, page 554, all of the aforementioned records being to the
records of the Recorder1s Office, Franklin County, Ohio and being more particularly
described as follows:
Beginning at a spike in the centerline of Coffman Road, 'said spike being at
the southwesterly corner of the aforementioned 22.179 .Acre Tract, said spike also
being South 00016' West a distance of 3,354.70 feet from the centerline of Brand
Road;
thence, North 0016' East along the westerly line of the aforementioned
22.179 Acre Tract and along the centerline of Coffman Road, a distance of
676.61 feet, to a point, said point being the southwesterly corner of a certain
30 foot strip conveyed to Bonna B. Starkey, by Deed of Record in Deed Book 2561,
page 166;
thence, North 85016' East along the southerly line of the aforementioned
30 foot strip passing an iron pin at 23.55 feet, a distance of 1,305.80 feet
to a point, said point being southerly a distance of 30 feet from a stone post;
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thence, North 85049'18" East, and continuing along the southerly line of
the aforementioned 30 foot strip, a distance of 895'.37. feet to a point;
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thence, North 4.10'42" West, a. distance of 30.0 feet to a point in the
--- northerly line of the aforementioned 32~59 Acre Tract, shown of' record as
Parcell in Deed Book 1106, page 444;
thence, North 85049'18" East, passing a concrete post at 213.84 feet,
a distance of 329.20 feet, to a point, in the north fork of Indian Run and in the
-easterly line of the aforementioned 32.59 Acre Tract;
thence, South 42019' East, 'along'the centerline of said north fork of
Indian Run, a distance of 192.48 feet, to a point;
thence, South 56041'42" East, a distance of 204.66 feet, to a point in the
centerline of said Run;
thence, South 15038'31" East, a distance of 205.92 feet to a point;
thence, South 2037'31" Wes,t, ,a distance of 511'.30 feet to an iron pin in
the centerline of said Run; t
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thence, South 48048' East, a distance of 205.53 feet, to an iron pin in
the centerline of said Run;
thence, South 73003'30" East, a distance of 296.67 feet to a point in the
centerline of said Run;
thence, South 30033'39" West, a distance of 75.35 feet to a point in the
northerly right-of-way line of Interstate Route 1-270;
thence, with a curve to the left, having a radius of 7,623.36 feet, and
along the northerly right-of-way fine of Interstate Route 1-270, the central
"".... angle being 5053'36" the chord to which bears South 64055'20" West, a chord
distance of 784.79 feet to a point in the southerly line of the aforementioned
21 Acre Tract, shown of record as Parcel 2 in Deed Book 2193, page 428;
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thence, South 82051'30" West and along the southerly line of said 21 Acre
Tract, a dist.ance of 819.41 feet to an iron pin in the easterly line of a tract
of land now or formerly owned by The Board of Education of the Washington Local
School District;
thence, North 23011'05" West a distance of 543.72 feet to an iron pin set
in the southeasterly corner. of a 13.832 Acre Tract of .land now or formerly owned
by Welco1I!e Inn Farms, Inc.;
thence, North 11.04' West along the easterly line of said 13.832 Acre Tract,
a distance of ~11.05 feet to an iron pin at the northeasterly corner of said
13.832 Aore Tract;
thence, along the northerly line of said 13.832 Acre Tract South 85010' West
a distance of 1444.81 feet to the place of 'beginning, containing 71..967 acres
more or less; subject to all legal rights-of~ay, easements and restrictions of
record.
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The Plat of Survey is an'integral part of this description and is not to
be separated from it.
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- - _. By ~~~c~
.Registered Surveyor No. 5283
Jun.e 17, 1983
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Description of an 83.373 Acre Tract
For
John L. McKitrick et a1.
Situated in the State of Ohio, County of Franklin, Village of Dublin, and -
being part of that same tract deeded by Luther C. Mitchell, Administrator, to
John L. McKitrick, as the same is shown of record in Deed Book 1089, page 485,
Recorder's Office, Franklin County, State of Ohio, and being more fully described
as follows:
""".... Commencing at a point 150.00' left of Station 751+02.90 of the centerline
of survey for Interstate Route 270, Section 7.47 North, said point being on the
northerly limited access right-of-way line for Interstate Route 270:
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thence, South 81006'28" West.a distance of 13.27 feet to a railroad spike
in the center.of State Route 745, said spike being the true point of beginning;
thence, along the northerly limited access right-of-way line of Interstate
Route 270 South 81006'28" West a distance of 428.99 feet to an iron pin, set;
thence, on said northerly limited access line, along a curve to the left
having a radius of 7623.36 feet and a chord of 1360.45 feet bearing
South 75059'19" West to an iron pin set, said iron pin being 150.00 feet left
of Station 733+25.18 Interstate Route 270, said iron pin being the southeasterly
corner of a 72.702 acre tract deeded to John L. McKitrick by deed recorded in
Deed Book 3557, page 460, Franklin County Recorder's Office;
thence, with the above 72.702 Acre Tract boundary the following seven
courses:
l. North 33033'27" East a distance of 75.35 feet to an iron pin
2. North 70003'42" West a distance of 296.67 feet to an iron pin
3. North 45048'12" West a distance of 205.53 feet to an iron pin
4. North 05037'19" East"a distance of 511.30 feet to an iron pin
f""'" 5. North 12038'43" West a distance of 205.92 feet to an iron pin
6. North 53041 '54" West a distance of 204.66 feet to an iron pin
7. North 39019'12" West a distance of 192.48 feet to an iron pin
"-' ~n the northeasterly corner of said 72.702 Acre Tract and ~n
the south l~ne of a tract of land deeded to Bonna B. Starkey
by deed of record in Deed Book 2561, page 166, Franklin County
Recorder's ~ffice;
thence, with the above Starkey tract boundary the following three courses:
1. South 87057'40" East a distance of 295.97 feet to a fence
corner
2. North 02004'01" West a distance of 755.95 feet to an iron pin
3. North 88026'48" East a distance of 1717.79.feet to a railroad
spike in the centerline. of Ohio State Route 745 (Dublin
Bellepoint Road);
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,
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. .
thence, with the centerline of State Route 745 the following three courses:
1. South 16050'54" East a distance of 724.40 feet to a railroad
spike
2. South 16037'19" East a distance of 418.67 feet to a railroad
spike
3. South 09009'41" East a distance of 595.98 feet to the point of
beginning, containing 83. 373 acres more or less.
Subject to all legal easements and rights-of~ay of record.
",.,.. The Plat of Survey is an integral part of this description and shall not
be $eparated from it.
- This description is based on a field survey made by Dodson-Lindblom
Associates, Inc., Consulting Engineers, Columbus, Ohio.
By x~ ~y lJl.C ~
Registered Surveyor No. 5283
June 18, 1983
.
.
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---'~r---" -~ ........_........... .-_.._ ..u~
. For
.' , John L. McKitrick et al.
t . .
. . .
Situated in the State of Ohio, County of Franklin, Village of Dublin,
being part of Survey No. 2543, Virginia Military Lands, and being part of that
same tract deeded by Luther C. Mitchell, Administrator, to John L. McKitrick,
as the same is shown of record in Deed Book 1089, page 485, Recorder's Office,
Franklin County, State of Ohio, and more fully described as follows:
Beginning at a railroad spike found on the centerline of State Route 745
at the southeast corner of the above tract, same being at the southwest corner
of Scioto Shores Subdivision as recorded in Plat Book 18, page 37, Franklin
County Recorder's Office, Ohio;
"".... thence, North 88005'34" West 1545.04 feet, passing over an iron pin found
at 1475.22 feet, to a point;
- thence, North 38052'00" 'West 146.25 feet to an iron pin set, on the south
limited acceS$ right-of-way of Interstate 270;
thence, on said south limited access right-of-way of Interstate 270, along
a curve to the right having a radius of 7323.36 feet and a chord bearing North
75051'01" East for a distance of 1342.09 feet to a point 150.00 feet right of
Interstate 270 centerline Sta. 746+60.63;
thence, North 81006'28" East 139.37 feet, along the limited access right-
of~ay of Interstate 270, to a point;
thence, North 86049'06" East 100.50 feet, along the limited access right-
of-way of Interstate 270, to a point;
thence, North 81006'28" East 116.42 feet, along the limited access right-
of -way of Interstate 270, to a railroad spike set on the centerline of State
Route 745;
.
thence, Sou.th 8018 '47" West 89.12 fee.t, along the centerline of said State
Route 745, to a railroad spike found;
~ thence, South 3028 '03" West 142.06 fee.t, along the centerline of said State
Route 745, to a railroad spike .found;
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thence, South 0033'27" East 308.51 feet, along the centerline of said State
Route 745 to the point of beginning, containing 13.306 acres more or less.
Subject to all legal easements and right-of-way of record. .
The Plat of Survey is an integral part of.this description and is not
to be ~eparated from it.
This description for this parcel is based upon a field survey made by
Dodson-Lindblom Associates. Inc.. Consulting Engineer.s, Columbu.s. Ohio.
By 4111 JJl.~~
Robert D. McCoy
Registered Surveyor No. 5283
.June 18, 1983
. .
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Description of 8 2.966 Acre Tract
For
John L. McKitrick et 81.
Situated in the State of Ohio. County of Franklin. Village of Dublin.
being part of Survey Number 2542. Virginia Military Lands. and being part of
that same tract deeded to John L. McKitrick. designated Second Parcel, by deed
recorded in Deed Book 1589. page 280, Recorder's Office. Franklin County. Ohio,
an~ being more fully described as follows:
~ Commencing at a railroad spike in the centerline of Coffman Road at the
southwesterly corner of a 71.967 acre tract of land now or formerly owned by
John L. McKitrick et al., said spike being South 00D16' West 3,354.70 feet
-
along the centerline of Coffman Road from the centerline of Brand Road;
thence, North 85DI0' East a distance of 1444.81 feet to an iron pin;
thence, South 11D04' East a distance of 411.05 feet to an iron pin;
thence, South 23Dll '05" East a distance of 54.3.72 feet to an iron pin,
said iron pin being the True Point of Beginning;
thence, North 82051'30" East, along the southerly line of the above mentioned
.71.967 acre tract, a distance of 819.41 feet to a point in the northerly limited
access right-of-way line of Interstate Route 270;
.thence, along.the northerly limited access right-of-way line of Interstate
Route 270 on a curve to the left baving a radius of 7623.36 feet, a chord which
bears South 58057'40" West a chord distance of 794.96 feet -to the southeasterly
corner of a tract of land owned-by The ~oard of Education of the Washington
\ Local School District;
.
thence, North 23011'05" West, with tbe easterly boundary of said Board of
Education tract,-a distance of 335.08 feet to the ~rue Point of Beginning
~ containing 2.966 acres of land more-or less, subject to all legalrights-of~ay,
easements and restrictions of record. -
-
The Plat of Survey-is an ~ntegral part of this description and is not to be
separated from it.
..
This description is based: upon a field survey made by Dodson-Lindblom
Associa'tes, Inc., Consulting Engineers, Columbus, Ohio.
o 41.. ..~
. .' '0
By"- - t!.~
Robert D.' McCoy '. -
-
Registered Surveyor No. 5283
.June 18, 19~3
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EX/,//J3IT L-
~ .78057301 June 18, 1985
. .' .
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DESCRIPTION OF 102.000 ACRES OF LAND LOCATED I
ON THE NORTHEASTERLY SIDE OF BRAND ROAD AND I
EAST OF ASHBAUGH ROAD IN THE VILLAGE OF DUBLIN,
COUNTY OF FRANKLIN, STATE OF OHIO I
situated in the State of Ohio, County of Franklin, Village
of DUblin, being in Virginia Military Surveys No. 2543 and No.
2544, containing 102.000 acres of land, more or less, 88.670 I
acres of said 102.000 acres being part of that tract of land
conveyed to Hamilton J. Teaford, Trustee, by deed of record in
"..., Deed Book 3664, Page 785, and 13.330 acres of said 102.000 acres
being part of that tract of land conveyed to David H. Swanson
'- and Ruth K. Swanson by deed of record in Deed Book 3732, Page
111, both being of record in the Recorder's Office, Franklin
County, Ohio, said 102.000 acres of land being more particularly
described as follows:
Beginning at the point of intersection of the westerly line
of said Survey No. 2543 with the centerline of Brand Road, the
same being in the easterly line of Virginia Military Survey No.
3010, said beginning point being a southwesterly corner of said
Hamilton J. Teaford, Trustee, tract and the southernmost corner
of that 3.392 acre tract of land conveyed to Ronald L. Geese and
Sarah R. Geese by deed of record in Deed Book 3261, Page 582,
Recorder's Office, Franklin County, Ohio;
Thence N-3047'53"E, with the westerly line of said Survey I
I
No. 2543, with the easterly line of said Survey No. 3010, with I
i
the westerly line of said Hamilton J. Teaford, Trustee, tract
and with the easterly line of said 3.392 acre tract, a distance I
of 593.19 feet to the northwesterly corner of said Survey No. I
2543, the same being the northeasterly corner of said Survey No.
3010, an angle point in the southerly boundary of said Survey
No. 2544, the northwesterly corner of said Hamilton J. Teaford, I
ifili" Trustee, tract, the northernmost corner of said 3.392 acre tract I
and an angle point in the southerly boundary of that 85.236 acre I
tract of land conveyed to Elizabeth Ellen Cook (1/2 interest) by I
'-' Certificate of Transfer, of record in Deed Book 3733, Page 879,
Recorder's Office, Franklin County, Ohio;
Thence S-84020'42"E, with a northerly line of said Survey
No. 2543, with a southerly line of said Survey No. 2544, with a
I
northerly line of said Hamilton J. Teaford, Trustee, tract and I
with a southerly line of said 85.236 acre tract, a distance of
1,873.82 feet to an angle point in the northerly boundary of I
said Hamilton J. Teaford, Trustee, tract at the southeasterly I
corner of said 85.236 acre tract, said corner also being a I
southwesterly corner of said David H. Swanson and Ruth K. I
Swanson tract;
Thence N-19037'35"W, with the westerly line of said Swanson
tract and with an easterly line of said 85.236 acre tract, a
distance of 850.47 feet to the northwesterly corner of said
Swanson tract, the same being the southwesterly corner of the
land conveyed to Beatrice C. Dunn by deed of record in Deed Book
1603, Page 359, Recorder's Office, Franklin County, Ohio;
Thence N-88047'14"E, with a northerly line of said Swanson
tract and with the southerly line of said Dunn land, a distance
I"'" of 658.88 feet to a point;
-.... Thence S-22030'00"E, crossing both the southerly line of
said Swanson tract and a northerly line of said Hamilton J.
Teaford, Trustee, tract at a distance of 958.96 feet, a total
distance of 1,570.12 feet to a point;
Thence S-13040'00"E, a distance of 932.63 feet to a point
PAGE 1 OF 2 PAGES
I
. . ... 78057301 June 18, 1985 I
... ~ .
.. , I
~ I
. DESCRIPTION OF 102.000 ACRES OF LAND LOCATED (Cont'd)
I
I
I
in a southerly line of said Hamilton J. Teaford Trustee, tract, I
I
the same being in the northerly line of that 8 acre tract of I
land described in the deed to Jerry G. Spears, III, of record in I
Deed Book 3245, Page 95, Recorder's Office, Frankl in County Ohio;1
I
I
Thence S-86002' 24"W, with a southerly line of said Hamilton I
J. Teaford, Trustee, tract, with the northerly line of said 8
"... acre tract, with the northerly line of that 14.118 acre tract of
land conveyed to Alma S. Wallace by deed of record in Deed Book
3382, Page 564 and with the northerly line of that 13 acre tract
...~ of land conveyed to Erwin M. Distelhorst and Elsie M.
Distelhorst by deed of record in Deed Book 1293, Page 278, both
being of record in the Recorder's Office, Franklin County Ohio,
a distance of 1,209.94 feet to a corner of said Hamilton J.
Teaford, Trustee, tract, the same being the northwesterly corner
of said 13 acre tract;
ThenceS-35031'25''W, with a southeasterly line of said
Hamilton J. Teaford, Trustee, tract and with the northwesterly
line of said 13 acre tract, a distance of 255.44 feet to a point
in the centerline of said Brand Road, the same being a corner of I
said Hamilton J. Teaford, Trustee, tract, and the westernmost
corner of said 13 acre tract;
Thence northwestwardly, with the centerline of said Brand
Road and with the southwesterly boundary of said Hamilton J.
Teaford, Trustee, tract, the following five courses and
distances;
1.) N-39008'10''W, a distance of 60.16 feet to a point;
2.) N-46022'36"W, a distance of 979.98 feet to a point;
"....
3.) N-55020'13"W, a distance of 299.49 feet to a point;
,-- 4.) N-60016'26"W, a distance of 475.74 feet to a point;
5.) N-48031'15"W, a distance of 448.45 feet to a point of
beginning and containing 102.000 acres of land, more or less.
Subject to all rights-of-way, easements and restrictions,
if any, of previous record. Also subject to all legal highways.
BAUER, DAVIDSON & MERCHANT, INC.
Consulting Engineers
.
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fessional SU~~6~~JNO. .6~42
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PAGE 2 OF 2 PAGES
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EXHIBIT
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TO: Councilmembers
FROM: Sherman Sheldon - Village Manager
RE: Proposed Sewer Agreement Resol. No: 16-85
DATE: September 24, 1985
r
.........
The Law Director has met on several occasions with the
Developers Attorney to work out an acceptable agreement
relative to this particular sewer.
Primary revisions to the original Agreement are the
elimination of an annual rate of interest on the unpaid
balance and the condition to allocate a portion of the
capacity to the developer now contains a provisco that the
allocation is contingent upon construction of the West Branch
Sewer.
In item 4. on page no: 3 there is a provision for them to
recover some of the oversizing cost thru a 33t % return on tap
fees collected from Point "B" to Avery Road. I find this
acceptable in that it would permit them a better chance to
recover the oversizing cost and, would leave 66~ % of the fees
collected for any potential Agreement for another sewerline in
the general area.
Should you have any questions, please call Mr. Smith, Law
.,-
Director or myself. A Copy of the revised Agreement is hereto
attached.
'~
Respectfully submi~ted,
A~ A-/d~
Sheldon Sheldon
Village Manager
SS:njz
Attachment:
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