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31-08 OrdinanceRECORD OF ORDINANCES Bunk. [nc. Form No. 10043 Ordinance No. 31-08 Passed . 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO APRE-ANNEXATION AGREEMENT DESCRIBING THE INTENTIONS OF THE PARTIES TO ANNEX CERTAIN REAL PROPERTY OWNED BY BVH ASSOCIATES, LOCATED IN PERRY TOWNSHIP. WHEREAS, BVH Associates is the owner of certain real property located at 6924 Riverside Drive in Perry Township (the "Property"), being more fully described in the Agreement attached hereto as "Exhibit A"; and WHEREAS, the Property is located adjacent to and beyond the present corporate boundaries of The City of Dublin ("City"); and WHEREAS, BVH Associates desires to annex the Property to the City in order to obtain municipal services to support the Property; and WHEREAS, the City desires to annex the Property in order to obtain and serve the economic potential of the Property and surrounding roadway for its citizens and residents. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring: Section 1. The City Manager is hereby authorized to execute the attached Pre- annexation Agreement on behalf of the City stating the intention of the parties to annex certain lands owned by BVH Associates. Section 2. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. Passed this day of , 2008. Mayor -- Presiding Officer ATTEST: Clerk of Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 CIT7 OF DUBLIN_ ,~ TO: Members of City Council FROM: Jane S. Brautigam, City Manager ~' S %~J DATE: June 12, 2008 ~~ r /-a~wr,~~~,,.J INITIATED BY: Steve Lanaworthy, Director of Land Use and Long Range Plannino- Gary P. Gunderman, Planning Manager RE: Ordinance 31-08 -Pre-Annexation Agreement-BVH Associates Background emo During the May 19, 2008 City Council meeting, additional information was requested regarding the proposed pre-annexation agreement for the BVH Associates' property at Tuller Road and Riverside Drive. In response, the following information and the attached sheets have been provided by Planning and BVH's legal counsel: The proposed construction has not yet been granted a building permit by the State, but the submitted plans assume provision of City water and sewer lines. Without City water and sewer, a new well site would need to be located and approved and a revised sewage disposal system would need to be designed and approved, all of which would probably be located closer to Riverside Drive. • If work is started in accordance with State approved building plans, all building inspections would be completed by the State. • The largest portion of the building addition is located on a current open area in the middle of the existing building. The remaining improvements are related to second story exterior and interior modification. (see attached material) • Depending on the eventual zoning classification that Dublin may impose on the site, the building would not comply with most side andrear yazd setbacks. The average height of about two stories would comply with most Dublin commercial zoning districts. • The proposed plans have been approved by Perry Township Zoning. Given that the additions are all within the current building footprint, no aspect of the development was an issue in its review. • The cell tower is located on the BVH property and contains co-location for three cell phone companies. Two of the three support structures are also on the BVH property near the base of the tower. The third support structure is also close to the base of the tower but on adjacent property. (see attached material) Ordinance 31-08 Pre-Annexation Agreement-BVH Associates June 12, 2008 Page 2 of 2 The proposed agreement would dedicate approximately 50 feet of additional ROW along Riverside Drive. (see attached material) No new signs for the proposed project have been shown, but the sign along Riverside Drive would be within the new ROW dedication area. There is no reason that new signs could not conform to City requirements, but this would require Planning and Zoning Commission review, as this is within the Corridor Development District. The existing building and parking lots encroach up to the property lines in several locations and make City landscape code for the perimeter and other normal buffer requirements impractical. Some interior landscape Vehicular Use Area Requirements may be partially met if Planning can review the layout of the parking area more closely. The Vehicular Use Area screening requirement can be met along the west side by the addition of a wall above grade to the new parking area and the addition of shade trees at the base of the retaining wall. Other Additional Site Landscape Requirements have been met with planting around the base of the building, but many of these will need to be replaced after construction to remain in compliance with Code. In light of Council's discussion and this additional information, the Law Director's office made three revisions to the pre-annexation agreement. The first revision requires that the site come into compliance with the Dublin Landscaping Code, to the extent possible and to the satisfaction of Plannin6 Staff. The second revision requires that all signs on the site come into compliance with the Dublin Code, which requires Planning and Zoning Commission approval. Finally, the third revision requires the two lots that are the subject of the annexation to be combined into one. Recommendation Recognizing the value into the future from bringing this property in the city limits and thereby allowing the City's zoning regulations to be applied to future improvements, Planning recommends Council approval of Ordinance 31-08. Attachments Annotated Air Photo Annotated Site Map Annotated Building Elevations Original Building Elevations Site Photos ~.2Z 0 1-270 ROW Thomas Family, LP Cell tower support buildings Existing Building Unchanged Existing cell tower _- _ _ ~ - - '' k _~ q L - ° ~ ~ '~ ~50 feet ! !~ New '+ Addition ?~ ~ ~ / %j ~I~ / !I Tuller Road - ____ Expanded 2nd Story ----------------- Legend ---- -- --------- --- ----~ ------ ~~ New Parking ----------------_ ® Existing Parking Existing Sign ~ Proposed Right-of-Way Tuller Henderson, LLC Existing cell tower ® City of Dublin corporation limit 0 25 50 100 Feet PROPOSED NORTH AND SOUTH ELEVATIONS Red -new construction RDG"~ rhr '16 Ptf FTl NUY. R:S r_- rc 5'G0.7 :w.~ rYP L....1 E NORTH ELEVATION Red - neuv construction Blue -replacement of existing wall with stone finish + ,,:?:bCY~ CWL ~ , S~t+l54A:T 5h.~YtES l~ ~ +v~~ ~ ~ 1~ f!'Yl ~ TN '-lit O/FX tSt RfAF:Y' FE:.'S +n~Q+F?5r.5H~lit~5 JnC rCD 57~Yi - --~ GAS e:~Gi•: i::}{°?:i.°ii?i.it ~' :• . c ,, // f"_ _- ~~ I ~ i ~ 'I i ~ I I ~.i c ~ . ~ 'i ® ® ® C ' i I 7~ FXST W.SG`AY 'V~ ~ 1 ~({ ffq ~U~~y T . w,u TO'JE ET7E~OED / I 1 ~~%( "` BY 4'p ()P N/v<~R.'AY ~ SOUTH ELEVATION L /v'=i7T1:E '- 5 ~ ~ PROPOSED EAST AND WEST ELEVATIONS Red - ne+v construction Blue -stone exterior added r q 1 ~ - Red -new construction ~~ •--, .snH:rs cc:as Blue -replacement of existing wall ~~ o~4,.Rp,:4R."5 with stone exterior finish '"" "1 ` ~ '"mot "`~~`' gg ` w. 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East Side North side Cell Tower West Side Entrance North side Adjacent Area REDLINED AMENDED AGREEMENT PRE-ANNEXATION AGREEMENT This Pre-Annexation Agreement ("Agreement") is entered into on , 2008, by and between BVH Associates LLC ("BVH") and the City of Dublin ("Dublin"), an Ohio municipal corporation, whose principal mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017 (referred to collectively as "Parties"). RECITALS WHEREAS, BVH owns certain real property located at 6924 Riverside Drive in Perry Township (the "Property"), being more fully described in the Franklin County Auditor's information attached as Exhibit "A" and incorporated herein; and WHEREAS, the Property is located adjacent to and within the present corporate boundaries of Dublin; and WHEREAS, BVH desires to annex its Property to Dublin in order to obtain municipal services to support the Property; and WHEREAS, Dublin desires to annex the Property. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound, the Parties hereby agree as follows: 1. Annexation: BVH is subject to the Perry Township and/or State of Ohio Building Codes and the Perry Township Zoning Code. At the time of execution of this Agreement, BVH is finalizing the building plans and will gain the necessary building permits and zoning approval from Perry Township and/or the State of Ohio as soon as is reasonably practical. BVH will submit an annexation petition, pursuant to Ohio Revised Code Section 709.02, to the Franklin County Commissioners within seven (7) days of obtaining the necessary building permits and zoning approval from Perry Township and/or the State of Ohio. If BVH does not submit an annexation petition by that deadline, BVH agrees that the Dublin Law Director may act as BVH's appointed agent and file an annexation petition related to the Property. In that event, BVH will pay all legal costs and fees related to the annexation, including attorney fees and surveyor fees. Dublin waives its annexation filing fee for the Property as the annexation of the BVH Property will fill in an unincorporated area that is completely surrounded by the Dublin corporate limits. Dublin will accept the annexation of the Property. 2. Water and Sewer Services. The Property lies within the Exclusive Dublin Expansion Area. Upon the filing of the annexation petition, Dublin will provide access to water and sewer services to the site with BVH paying all costs of connecting to the water and sewer system. 3. Boundary Adiustment: It is Dublin's intent to file a petition for a boundary adjustment after the acceptance of the Property by City Council, which will result in the Property conforming to the Washington Township boundaries. Such action will practically result in the exclusion of the Property from Perry Township's jurisdiction. Pursuant to Ohio Revised Code Section 709.19, Dublin must make reparations to Perry Township of a percentage of the ;Hi ~o~sos.~ ; REDLINED AMENDED AGREEMENT Township taxes that would have been due the Township if annexation had not occurred in the amounts as follows: Years 1 through 3 80.0% Years 4 through 5 67.5% Years 6 through 7 62.5% Years 8 through 9 57.5% Years 10 through 12 42.5% After year 12 0% BVH, its successors and assigns, hereby agree to compensate Dublin for all reparations payments Dublin is required to make to Perry Township. BVH, its successors and assigns, will pay any invoice presented to them by Dublin for such reparations within thirty (30) days of receipt of said invoice. 4. Right-of-Way Dedication: Dublin is planning to install a bikepath on the east side of Riverside Drive between Tuller Road and Emerald Parkway a portion of which will be located on the Property. In addition, Dublin is in the planning phases for a road improvement project on Emerald Parkway ("Emerald Parkway Phase 8") which will require BVH to convey right of way to Dublin. BVH, its successors and assigns agree to dedicate any right-of--way necessary for the bikepath and any other right-of--way dedication required by Dublin in conjunction with the Emerald Parkway Phase 8 project at no cost to Dublin, provided the total amount ofright-of--way taken along the east side of Riverside Drive does not exceed approximately fifty (50) feet.~f--tl~e ,~~„~; ~~. ~~ + ~ ~~ n„~,r, ~-~„ ~ n, 1 ,~ ,~. The 'Tmarc-~~1~()l^~~~ tzic~c iT~-n"rc'r`~=~i~-n-~-c~ucrri~r~,`t`,c',~, estimated right-of--way dedication is attached as Exhibit B. 5. Cooperative Development for Future Roadwa r}~Projects. The Parties agree to work jointly with regard to any future roadway development that occurs adjacent to the Property. 6. Landscaping. BVH agrees to bring the Property into compliance with the Dublin Landscaping Code to the extent possible and to the satisfaction of the Dublin Planning Staff. 7. Si ~s. BVH agrees to bring all current and future signs located on the Property into compliance with the Dublin Sign Code, subject to Dublin Planning and Zoning Commission review and approval. 8. Lot Combination. BVH agrees to combine the two lots that are the subject of the annexation within thirty (30) days after the execution of this agreement. 9. Council Action: The foregoing obligations and commitments by Dublin contained herein are contingent and shall be effective and enforceable only upon the approval of all necessary legislation and/or motions by Council and the expiration of all referendum periods applicable thereto. 10. Successors and Assigns: This Agreement shall run with the land and be binding upon and inure to the benefit of the respective heirs, personal representatives, successors, transferees, and assigns of the parties hereto. REDLINED AMENDED AGREEMENT 11. Amendments: This Agreement may be amended, modified, or changed only by a written agreement properly executed by Parties. 12. Applicable Law: This Agreement shall be governed by, construed, and interpreted in accordance with the ordinances and laws of Dublin, the State of Ohio and the United States, in that order. 13. Waiver. No delay or failure on the part of any party hereto in exercising any right, power, or privilege under this Agreement or under any other instruments given in connection with or pursuant to this Agreement shall impair any such right, power, or privilege or be construed as a waiver of any default or any acquiescence therein. No single or partial exercise of any such right, power, or privilege shall preclude the further exercise of such right, power, or privilege, or the exercise of any other right, power or privilege. 14. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable to any extent, such provision shall be enforced to the greatest extent permitted by law and the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted bylaw. 15. Entire Agreement. This Agreement constitutes the entire understanding of the parties hereto 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 duly authorized officers of the parties hereto. IN WITNESS WHEREOF, the undersigned have set their hand to duplicates hereof, on the day and year first above written. BVH ASSOCIATES LLC By: Its: CITY OF DUBLIN An Ohio Municipal Corporation By: Jane S. Brautigam Its: City Manager REDLINED AMENDED AGREEMENT STATE OF OHIO COUNTY OF SS Before me a Notary Public personally came on behalf of BVH Associates, who acknowledged the foregoing Agreement as his voluntary act and deed. In Witness whereof I have hereunto subscribed my name and affixed my seal on this day of , 2008. Notary Public STATE OF OHIO COUNTY OF SS STATE OF OHIO COUNTY OF FRANKLIN: SS Before me a Notary Public personally came the City of Dublin, an Ohio municipal corporation, by Jane S. Brautigam, its City Manager, who acknowledged the foregoing Agreement as her voluntary act and deed on behalf of the City. In Witness whereof I have hereunto subscribed my name and affixed my seal on this day of , 2008. Notary Public 4 REDLINED AMENDED AGREEMENT EXHIBIT A Franklin County Auditor's Information REDLINED AMENDED AGREEMENT EXHIBIT B Right-of-Way Dedication Information PRE-ANNEXATION AGREEMENT This Pre-Annexation Agreement ("Agreement') is entered into on 2008, by and between BVH Associates LLC ("BVH") and the City of Dublin ("Dublin"), an Ohio municipal corporation, whose principal mailing address is 5200 Emerald Parkway, Dublin. Ohio 43017 (referred to collectively as "Parties"). RECITALS WHEREAS, BVH owns certain real property located at 6924 Riverside Drive in Perry Township (the "Property"), being more fully described in the Franklin County Auditor's information attached as Exhibit "A" and incorporated herein: and WHEREAS, the Property is located adjacent to and within the present corporate boundaries of Dublin: and WHEREAS, BVH desires to annex its Property to Dublin in order to obtain municipal services to support the Property: and WHEREAS, Dublin desires to annex the Property. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound, the Parties hereby agree as follows: 1. Annexation: BVH is subject to the Perry Township and/or State of Ohio Building Codes and the Perry Township Zoning Code. At the time of execution of this Agreement, BVH is finalizing the building plans and will gain the necessary building permits and zoning approval from Perry Township and/or the State of Ohio as soon as is reasonably practical. BVH will submit an annexation petition, pursuant to Ohio Revised Code Section 709.02, to the Franklin County Commissioners within seven (7) days of obtaining the necessary building permits and zoning approval from Perry Township and/or the State of Ohio. If BVH does not submit an annexation petition by that deadline, BVH agrees that the Dublin Law Director may act as BVH's appointed agent and file an annexation petition related to the Property. In that event. BVH will pay all legal costs and fees related to the annexation, including attorney fees and surveyor fees. Dublin waives its annexation filing fee for the Property as the annexation of the B VH Property will fill in an unincorporated area that is completely surrounded by the Dublin corporate limits. Dublin will accept the annexation of the Property. 2. Water and Sewer Services. The Property lies within the Exclusive Dublin Expansion Area. Upon the filing of the annexation petition, Dublin will provide access to water and sewer services to the site with BVH paying all costs of connecting to the water and sewer system. 3. Boundary Adiustment: It is Dublin's intent to file a petition for a boundary adjustment after the acceptance of the Property by City Council, which will result in the Property conforming to the Washington Township boundaries. Such action will practically result in the [Iii1tr230b3 ~ exclusion of the Property from Perry Township's jurisdiction. Pursuant to Ohio Revised Code Section 709.19, Dublin must make reparations to Perry Township of a percentage of the Township taxes that would have been due the Township if annexation had not occurred in the amounts as follows: Years 1 through 3 80.0% Years 4 through 5 675% Years 6 through 7 62.S~1o Years 8 through 9 57.5% Years 10 through 12 42.5% After year 12 0% BVH, its successors and assigns, hereby agree to compensate Dublin for all reparations payments Dublin is required to make to Perry Township. BVH, its successors and assigns, will pay any invoice presented to them by Dublin for such reparations within thirty (30) days of receipt of said invoice. 4. Right-of-Way Dedication: Dublin is planning to install a bikepath on the east side of Riverside Drive between Taller Road and Emerald Parkway a portion of which will be located on The Property. In addition. Dublin is in the planning phases for a road improvement project on Emerald Parkway ("Emerald Parkway Phase 8") which will require BVH to convey right of way to Dublin. BVH, its successors and assigns agree to dedicate any right-of--way necessary for the bikepath and any other right-of-way dedication required by Dublin in conjunction with the Emerald Parkway Phase 8 project at no cost to Dublin, provided the total amount of right-of-way taken along the east side of Riverside Drive does not exceed approximately fifty (50) feet. The estimated right-of-way dedication is attached as Exhibit B. 5. Cooperative Development for Future Roadway Projects. The Parties agree to work jointly with regard to any future roadway development that occurs adjacent to the Property. 6. Landscapine. BVH agrees to bring the Property into compliance with the Dublin Landscaping Code to the extent possible and to the satisfaction of the Dublin Planning Staff. 7. Suns. BVH agrees to bring all current and future signs located on the Property into compliance with the Dublin Sign Code, subject to Dublin Planning and Zoning Commission review and approval. 8. Lot Combination. BVH agrees to combine the two lots that are the subject of the annexation within thirty (30) days after the execution of this agreement. 9. Council Action: The foregoing obligations and commitments by Dublin contained herein are contingent and shall be effective and enforceable only upon the approval of all necessary legislation and/or motions by Council and the expiration of all referendum periods applicable thereto. ~xi im_~os.~ 4 2 10. Successors and Assiens: This Agreement shall run with the land and be binding upon and inure to the benefit of the respective heirs, personal representatives, successors, transferees, and assigns of the parties hereto. 11. Amendments: This Agreement may be amended, modified, or changed only by a written agreement properly executed by Parties. 12. Applicable Law: This Agreement shall be governed by, construed, and interpreted in accordance with the ordinances and laws of Dublin, the State of Ohio and the United States, in that order. 13. Waiver. No delay or failure on the part of any party hereto in exercising any right, power, or privilege under this Agreement or under any other instruments given in connection with or pursuant to this Agreement shall impair any such right, power, or privilege or be construed as a waiver of any default or any acquiescence therein. No single or partial exercise of any such right, power, or privilege shall preclude the further exercise of such right, power, or privilege, or the exercise of any other right, power or privilege. 14. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable to any extent, such provision shall be enforced to the greatest extent permitted by law and the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. I5. Entire Agreement. This Agreement constitutes the entire understanding of the parties hereto 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 duly authorized officers of the parties hereto. IN WITNESS WHEREOF, the undersigned have set their hand to duplicates hereof, on the day and year first above written. BVH ASSOCIATES LLC By: Its: CITY OF DUBLIN An Ohio Municipal Corporation By: ~~~ ~ozsoss ~ 3 Jane S. Brautigam Its: City Manager {rmazaos.: ~ 4 STATE OF OHIO COUNTY OF SS Before me a Notary Public personally came on behalf of BVH Associates, who acknowledged the foregoing Agreement as his voluntary act and deed. In Witness whereof I have hereunto subscribed my name and affixed my seal on this day of , 2008. Notary Public STATE OF OHIO COUNTY OF SS STATE OF OHIO COUNTY OF FRANKLIN: SS Before me a Notary Public personally came the City of Dublin, an Ohio municipal corporation, by Jane S. Brautigam, its City Manager, who acknowledged the foregoing Agreement as her voluntary act and deed on behalf of the City. In Witness whereof I have hereunto subscribed my name and affixed my seal on this day of , 2008. Notary Public ,~~uiozsos._ 7 ~ EXHIBIT A Franklin County Auditor's Information Hnmsns s 1 EXHIBIT B Right-of-Way Dedication Information fNUOr.•oss 1 7 C[TY qF DI~BLIS Office of the City Manager 5200 Emerald Parkway, Dublin, Ohio 43017 Phone:614-410-4400 To: Members of Dublin City Council From: Jane S. Brautigam, City Manager Date: May 29, 2008 Re: Ordinance 31-08 - BVH Associates Pre-Annexation Agreement Memo Staff is recommending Council approve a motion on June 2 to postpone Ordinance 31-08 until the June 16 Council meeting in order to allow the applicant's representative additional time to respond to issues raised at the first reading. SCHOTTENSTEIN ZOX&DUNN~~.":, MEMORANDUM TO: Dublin City Council Jane S. Brautigam, City Manager FROM: Stephen J. Smith, Law Director Jennifer D. Readler, Assistant Law Director DATE: May 15, 2008 RE: Ordinance 31-08 -Pre-Annexation Agreement with BVH Associates (The Vet Hospital) BACKGROUND: This office was asked to coordinate a possible preannexation agreement with BVH Associates ("BVH") governing the terms of its annexation to Dublin. As you know, BVH is located at the corner of Riverside Drive and Tuller Road in Perry Township and is surrounded by properties within the Dublin corporate limits. BVH desires to obtain water and sewer services from Dublin. The key terms of the agreement are as follows. TERMS OF THE AGREEMENT: 1. Annexation: The City will accept the annexation. 2. Boundary Adjustment: The petition will be filed as a Majority Owner annexation, so the City, if desired, may change the underlying township designation from Perry to Washington for purposes of providing Washington Township fire and EMS services. The City will file a petition for a boundary adjustment which will result in the BVH Property conforming to the Washington Township boundaries. As such, the City will make reparation payments to Perry Township of a percentage of the Township taxes that would have been due to the Township if the annexation had not taken place. In turn, BVH will reimburse the City for all reparation payments made to the Township. 3. Water and Sewer: In our discussions, BVH has asked if they may receive water and sewer permits prior to annexing, i.e. at the time of filing the annexation petition rather than waiting for the annexation to be completed In light of the concessions made by BVH with regard to right-of--way and bikepath dedications (discussed below), we have made provision for that in the preannexation agreement. 4. Remodeling Plans: BVH has commenced a remodeling project on its property. They are seeking State of Ohio building permit approval. Since they are initiating the review with the State of Ohio (and Perry Township), they will remain the agencies with Memo re Ordinance 31-08 -Pre-Annexation Agreement BVH May 15, 2008 Page Two jurisdiction over the building plans, although BVH has provided us with the remodeling plans to inform us of the scope of the work that is planned. 5. Fee Waiver. BVH has requested that all Dublin annexation fees be waived, which we have incorporated. Typically, waivers have been granted in cases involving islands. 6. Rights-of--Way and Easements. As you know, Dublin is embarking on the Emerald Phase 8 roadway improvements and new bikepath installations that will affect the BVH property. In the preannexation agreement, BVH is required to dedicate approximately 50 feet ofright-of--way at no charge to Dublin. 7. Council Action: All of the obligations and commitments in the Agreement are subject to Council approval. RECOMMENDATION: The Law Department recommends passage of Ordinance 31-08 at the second reading/public hearing on June 2, 2008. ~HI2106?4.8 ;2 y EXHIBIT s PRE-ANNEXATION AGREEMENT This Pre-Annexation Agreement ("AgreemenT') is entered into on 2008, by and between BVH Associates [.LC ("BVH") and the City of Dublin ("Dublin"), an Ohio municipal corporation, whose principal mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017 (referred to collectively as "Parties"). RECITALS WHEREAS. BVH owns certain real property located at 6924 Riverside Drive in Perry Township (the "Property"). being more fully described in the Franklin County Auditor s information attached as Exhibit' :A" and incorporated herein; and WHEREAS, the Property is located adjacent to and wi8rin the present corporate boundaries of Dublin; and WHEREAS, BVH desires to annex its Property to Dublin in order to obtain municipal services to support the Property and WHEREAS, Dublin desires to anncs the Property. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound. the Parties hereby agree as lollows: 1. .Annexation: BVH is subject to the Pcny Township and!or State of Ohio Building Codes and the Perry Township Zoning Codc. At the time of execution of this Agreement, BVH is finalizing the building plans and will gain the necessary building pernti[s and zoning approval from Pcny Township and/or the State of Ohio as soon as is reasonably practical. BVH will submit an annexation petition, pursuant to Ohio Revised Code Section 709.0?, to the Franklin Cowrty Conunissioners within seven (7) days of obtaining the necessary building pcrnrits and zoning approval from Perry Township and/or the State of Ohio. If BVH does not submit an annexation petition by that deadline, BVH agrees that the Dublin Law Director may act as BVH~s appointed went and file an annexation petition related to the Property. In that event, BVH will pay all legal costs and fees related to the annexation, including attorney fees and surveyor fees. Dublin waives its annexation filing fee for the Property as the annexation of the BVH Property will fill in an unincorporated area that is completely surrounded by the Dublin corporate limits. Dublin will accept the annexation of the Property. 2. Water and Sewer Services. The Property lies within the Exclusive Dublin Expansion Area. Upon the filing of the annexation petition, Dublin will provide access to water and sewer services to the site with BVH paying all costs of connecting to the water and sewer system. 3. Boundary Adiushnent: It is Dublin~s intent to file a petition for a boundary adjustment after the acceptance of the Property by City Council, which will result in the Property conforming to the Washington Township boundaries. Such action will practically result in the exclusion of the Property ftom Perry Township's jurisdiction. Pursuant to Ohio Revised Code Section 709.(9, Dublin must make reparations to Perry Township of a percentage of the Township taxes that would have been due the Township if annexation had not occurred in the amomrts as follows: Years 1 through 3 Years 4 through 5 Years 6 through 7 Years 8 through 9 Years 10 through 12 After year 12 8QU% 67.5°jo 6?.~°.~o ~7.~% 42S% a°i° BVH, its successors and assigns, hereby agree to compensate Dublin for all reparations payments Dublin is required to make to Perry Township. BVII, its successors and assigns, will pay any invoice presented to them by Dublin for such reparations within thirty (30) days of receipt of said invoice. 4. Ri;ht-of-Wav Dedication: Dublin is planning to insta}1 a bikepath on the east side of Riverside Drive between Taller Road and Emerald Parkway a portion of w-hick will be located on the Property. In addition, Dublin is in the planning phases for a road improvement project on Emerald Parkway ("Emerald Parkway Phase 8") which will require BVH [o convey right of way to Dublin. BVH, its successors and assigns agree to dedicate any right-of-vvay necessary for the bikepath and any other right-of=vaay dedication required by Dublin in conjunction with the Emerald Parkway Phase 8 project at no cost to Dublin, provided the total amount of right-of=way taken aloe; the east side of Riverside Drive flocs not exceed approximately fifty (50) feet. If the dedication necessitates moving tfte site sign. Dublin shall move it at Dublin~s expense. l~he estimated right-of-way dedication is attached as Exhibit B. 5. Coooerative Development for Future Roadway Protects. The Parties agree to w-ork jointly with regard to airy future roadway development that occurs adjacent to the Property. G. Council Action: The foregoing obligations and commitments by Dublin contained herein are contingent and shall be effective and enforceable only upon the approval of all necessary legislation and/or motions by Council and the expiration of all referendum periods applicable thereto. 7. Successors and Assigns: This Agreement shall run with the land and be binding upon and inure to the benefit of the respective heirs, personal representatives, successors, transferees, and assigns of the parties hereto. 8. Amendments: This Agreement tnay be amended, modified, or changed only by a written agreement properly executed by Parties. 9. Applicable Law: This Agreement shall be governed by, construed, and interpreted in accordance with the ordinances and laws of Dublin, the State of Ohio and the United States, in that order. 10. Waiver. No delay or failure on the part of any party hereto in exercising any right, power, or privilege under this Agreement or under any other instruments given in connection with or pursuant to this Agreement shall impair any such right, power, or privilege or be construed as a waiver of any defau3t or any acquiescence therein. No single or partial exercise of any such right, power, or privilege shall produdc the further exercise of such right, power, or privilege, or the exercise of any other right, power or privilege. l 1. SeverabilitY. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or uncnforccablc to any extent, such provision shall he enforced to the greatest extent pernitted by law and the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to [he greatest extent permitted by law. 12. Entire Aarecmcnt. This Agreement constitutes the entire understanding of the parties hereto 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 duly authorised officers of the parties hereto. IN WITNESS WHEREOF, the undcrsignal have set their hand to duplicates hereof; on the day and year first above written. BVH ASSOCIATES I,LC 6y: Its: CITY OF DUBLIN An Ohio Municipal Corporation By: Jane S. Brautigam Its: City Manager STATE OF OHIO COUNTY OF SS Before me a Notary Public personally came on behalf of BVH Associates, who acknowledged the foregoing Agreement as his voluntary act and deed. [n Witness whereof 3 have hereunto subscribed my name and affixed my seal on this day of , 200&. Notary Public STATE OF OH 10 COUNTY OF SS STATE OF OHIO COUNTY' OF FRANKLIN: SS Before me a Notary Public personally dune the City of Dublin, an Ohio municipal corporation, by lane S. Brautigam, its City U~anagcr, who acknowledged the foregoing Agreement as her voluntary act and deed on behalf of the City. In ~~~ fitness whereof [have hereunto subscribed my name and affixed my seal on this day of , X008. Notarv Public 4 EYHIBIT A Franklin Countv Auditor's information Site Prov 9overnrc Sc't7: +~: c•x Sir .-. .~. _.. _,5 Summary ~ ~ ~ ~ __,~, .n n.:ir_ ~~; , ~ , - - .i Parcel ID Address Index Order Card 212-001246-00 6924 RIVERSIDE DR Street Address 1 of 1 Owner Information Call 614-462-4663 if incorrect BVH ASSOCIATES LLC Value Information Market Land Value 60,700 Agricultural Value 0 Market Impr. Value 0 Market Total Value 60,700 Tax Bill Mailing Information Mail Changes Only -Click Here BVH ASSOCIATES LLC 4590 INDIANOLA AVE COLUMBUS OH 43214 Legal Description RIVERSIDE DRIVE R19 T2 1/4T2 0.817 ACRE 212-0071D -024-01 Sales Data Sale Amount 50 Date 10;08; 7.997 Deed Type QC # of Parcels ?_ Conveyance # Exempt # 908894-D1 Tax Dist 212 PERRY TVJP-DUBLIN C.S.D. School Dist 2513 DUBLIN CSD Land Use (400) COMMERCIAL VACA~JT LAND Neighborhood 00103 2007 Annual Taxes 51.814.18 Building Data Year Built Board of Revision No Homestead No 2.5% Reduction No Assessments No CDQ Year 2007 Total Taxes Paid 5907.09 Prin(j Rack to List (« First < I'rcvioas Nest> Last» Uaua r;pda[ed a~ US/13/2G03 Site Prov governrr Summary Parcel ID Address 212-000494-00 6924 RIVERSIDE DR _~' , , , i -, _ i - .. _._ .. Index Order Card Street Address 1 of 1 Owner Information Call 614-462-4663 if incorrect BVH ASSOCIATES LLC Value Information Market Land Value 139,300 Agricultural Value 0 Market Impr. Value 320,700 MarketTOtal Value 460,000 Sales Data Sale Amount 50 Date iC/03i7997 Deed Type QC # of Parcels 2 Conveyance # Exempt # 908894-M Tax Dist 2?.2 PERRY TbYP-DUBLIN C.S.D. School Dist 2513 DUBLIN CSD Land Use (479J DOG(CA"r KENNELS Neighborhood 00103 2007 Annual Taxes 513,745.98 Tax Bill Mailing Information Mail Changes Onty -Click Here BVH ASSOCIATES LLC 4590 INDIANOLA AVE COLUMBUS OH 43214 Legal Description 6924 RIVERSICE DRIVE R19 T2 1/4T2 0.638 ACRE 212-0071D -024-00 Building Data Year BuiIY 1951 Board of Revision No Homestead No 2.5°!o Reduction No Assessments No CDQ Year 2007 Total Taxes Paid 56,372.99 Print ~ I3ac1: to List j « Firsl < Pres~ious Nc<t > Lrs[ » Cn.`a updaM_d on DS113i200S EXHIBIT B Right-of-Wav Dedication [nfomtation Pracl nrl va Ft'ft BVN q:XtClATfs LLC LWD nr li:c .,. r+.~ DESCREP'1'IOK OF 0.370:\CRE RIGEET-OF-R',4Y FOR THF: ('1'fY OP DIIRi.I Situate) in the County of Franklin, Slate of Ohix and being in the Counship n(Pcrry, in Vuatter 'T'ow'nship 2, Township 2 Nonh, Range I9 l\'cst. Unite) Stars \tihlary f.anda, anJ brine in the LOOD aae pan oC v 1 4?0 acre tract of land mncevtd to RVII :\ssociates LL(', us reconieJ and descrihttl in Inslmment 10971011FI111 )699, n(the Franklin i'nunty Rcenni<r's Office Bccimm~e, for rcfcrenm, at x i'[: nail sc[ in RiccrsiJc Drvc at the sxuthwcs: comtt ofsaid 1 000 acre tract of land convicerd to f3VH .4ssodatcs LLC, also beinc a corner to an 1rJiS acre (Audilori tract of land conveyed to Thomas Family LP. m' r¢oniul u+J dexcrihed in OClicial Record U; I6F15, and nn the cencetlinc of right of m'ay liv 'I'vaer Rd, :mJ the TXf'F. Po/N! 'thence ~ 9°39'I I" £ a Jist:utce of 131.01 feet alms the hrc hnwcen said LUO:) aae tract of land cum cyN to RtT! Associates LLC anJ hctJ ol'Thonus Fatmily LI' to a PK rml x1. T hence S SG°21'19" F: n distance x(700.2? feet Passive t1+c riehl M n'oa of Ria=crsiJr Dri. c at l+i Ob icct, along the granwrs nosh line of sail i.Ofki our !eau and also being the snuthcdy lino of suit Ian) of'ihom;vc Family LP m :m inm pm sr[: Thence 5 9°2346" R' v disWnn: of 110.73 feet auras :h< el:mtors atud L000 verc trul Ix Ilte north line xf a fi3GJ acr< tract xf land mnct_reJ Io the (llv oC Uuhlm us raconied in Uh, ici:J Rcmrd 199(I000ii to iron pin set; 'Chuxe \ 86°21'39" R' a drstm:ce of 50.26 feel aiun:; ;hr north line of said !\ J:? arc :r:ct oC Ion) one: <rcJ to J¢ C'ih' of Dubhn anJ to 4s c.a islu:e ca.; nnht el'++:r: ei Rr. crs~Jc Deice iS.R. 35T and an iron pin set; - lhenw ti 9'21'16" \i' a tirvcmce xf 10.27 feet along the csivnng caz: neiu xl vay of Rivr:+iJc Dricc(SR. 1>J) 0.+a PK n:Jl set in the c Yvrrlinc afTuiie: Raul: l hence V N6°23'39" \\' a Jistancc of 50.73 feet alxng the crnsl:nc u('f ulin' Road to the TRL%F. 'l ite abm'c dew rihcd arcn ronUins 03'0 ::ucs within :he Hank Ou ('name Auduor's iinccl ":mnher ?I?-1101216. xf which U?(IS avcs a within Jie present :nsJ xcaiPlnl .d Rirersidc Drive. Grnnor dwnu title by Instrunsnl 1997I0rI5U1 Ilrryy, in the mmrdx el f=rank Ln Cxanp=. Ohio_ Iron pins indlrrtcJ set arc $.:5"sill" rchars aeith cup smogs) "Dodson. GJJ6, 6oracas & Kipli'. :\ drsdn3 of this Description is atmchcA hereto'vnd male a pan hereof This duscriplion was prepared by Walter 117x+ Do:L nn. Professional $uneynr \"a 6316, Ohin. ::nJ asas base) upon actual sun'eys of the promises p<rfonueJ in October. `007, thrxugh Ianuarv. 2005, aid u{wn uvadabit public records Bcxnnes used m lids Jescnptiun are OaaeJ on Ohio Smtc Plane C.uardinmcs, South 7.one. N.4DIOfi3 11956 udjustmem), and :.e litr the dctcmtinatinn ct angles on!y', with the ccntcr!inc o(Tullcr Road being rick? as NKG?S'J9°`A` as ShOw'n. ~4ahcr A. Dxdsal, P.S. 6416, Ohio Rurgcssti \iptc, inc. ..t" mow' ~ IfYTEIt '. ~' 0. \} i + i ~~ { E\ ~:~~ ~~ c,: r ~")' P ,, RF,E y4 I%XIi':~IT B IrcN~~,A1=_ I,o_)E a c perry Towrl,htp Qtr Tevp 2 T 2 N R 19 W USMI .tc o:: 1 , , , , _ u. ../.,_l+r, , riT- oROH QSFU ~I~ Of -WAY '~ ., . i A6 L )" ) ' c S'. ...~ I n * ). .. 1 i .~ i l/A fN.. .. .. i. _ ... .. . ,, " .. .. .. . ,. y p Pvti ASS) IA . I C - o7q F FR IpF .R ~ I L~ n nr n7 cov r; a .. ..I v - ( I JI19)] (, X28 IaC b9 ~ ~ t I o r rf y '-0.370 ACRES '..00, M.C. ; ~ ~ I U,. • < r y L ~ (q ¢o ac. PFO) . ti 1 ) f of U I L o f r . ' , 2 ~' ~ I . x a l a: n, ~ ... ' o l F - ~ P.0.9 0" a I ~, N ( : 1 ~ < ~ 71 I U. s i - ~ _ ._ i ) ~ _3 ,r fG . 10 1 ' _. .. .. ' : p _- ,l ..:...A,1 ', I 1 CAI ~ Y ) T'J~I. _'? Rupp _.. o..;` _ j _.. ..___ _..__ ___.._ --,.. ._ n .e••. ~ - I I _ _-__ _.. __-_-. un. ..... I `) ' _ WxtrG ~ t .n.it. ~ ~ Y '.. ~C ~I ly 1!a :1 C 'i~ C IN:' 2.t'4 \i "wi ,f . 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