057-94 Ordinance
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ORDINANCE NO. 57-94
AN ORDINANCE DECLARING IMPROVEMENTS TO A CERTAIN PARCEL
OF REAL PROPERTY TO BE A PUBLIC PURPOSE, DESCRIBING THE
PUBLIC INFRASTRUCTURE IMPROVEMENTS TO BE MADE TO BENEFIT
,- THAT PARCEL, REQUIRING THE OWNERS THEREOF TO MAKE
SERVICE PAYMENTS IN LIEU OF TAXES, AND ESTABLISHING A
MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT
FUND, FOR THE DEPOSIT OF SUCH SERVICE PAYMENTS, AND
DECLARING AN EMERGENCY.
WHEREAS, Ohio Revised Code Sections 5709.40,5709.42 and 5709.43 provide that this
Council may declare improvements to a parcel of real property located in the City to be a public
purpose, thereby exempting those improvements from real property taxation for a period of time,
specify public infrastructure improvements to be made to benefit that parcel, provide for the
making of service payments in lieu of taxes by the owner thereof, and establish a municipal
public improvement tax increment equivalent fund into which such service payments shall be
deposited; and
WHEREAS, a developer of office buildings (the Developer) intends to acquire certain
real property located in the City, which property is described in Exhibit A hereto (the Property),
and contemplates making improvements to the Property and this Council expects to make the
public infrastructure improvements described in Exhibit B hereto, that once made would benefit
the Property; and
WHEREAS, the City has determined that it is necessary and appropriate and in the best
interests of the City to provide for service payments in lieu of taxes with respect to the Property
pursuant to Section 5709.42 of the Ohio Revised Code; and
WHEREAS, notice of this proposed ordinance has been delivered to the Board of
Education of each affected School District in accordance with Section 5709.40 of the Ohio
Revised Code;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
Franklin, Union and Delaware Counties, Ohio, that:
Section 1. Pursuant to and in accordance with the provisions of Ohio Revised Code
Section 5709.40, this Council hereby finds and determines that 100% of the increase in true
value of the Property subsequent to the effective date of this ordinance (which increase in true
value is hereinafter referred to as the "Improvement" as dermed in Section 5709.40) is a public
purpose, and all of said Improvement is hereby declared to be a public purpose for a period of
30 years and exempt from taxation commencing on the date of passage of this ordinance and
ending on the earlier of 30 years from such date or on the date on which the City can no longer
require service payments in lieu of taxes under Sections 5709.40 and 5709.42 of the Revised
Code, all in accordance with the requirements of said Sections 5709.40 and 4709.42.
Section 2. The public infrastructure improvements set forth in Exhibit B hereto and to
be made by the City are hereby designated as those public infrastructure improvements that
uc;ndil, ur that once made wiil benefit, the Fropeny (the Infrastructure Improvements).
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Section 3. As provided in Section 5709.42 of the Revised Code, the owner of the
Improvement is hereby required to, and shall make, service payments in lieu of taxes to the
County Treasurer on or before the final dates for payment of real property taxes, which service
payments shall be deposited in the McKitrick Project Municipal Public Improvement Tax
Increment Equivalent Fund established in Section 4 hereof. The Agreement between the City
and the Developer, in the form presently on file with the Clerk of Council, providing for, among
other things, the payment of such service payments, is hereby approved and authorized with
changes therein not inconsistent with this ordinance and not substantially adverse to this City and
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which shall be approved by the City Manager and Director of Finance. The City Manager and
Director of Finance, for and in the name of this City, are hereby authorized to execute that
Agreement, provided further that the approval of changes thereto by those officials, and their
character as not being substantially adverse to the City, shall be evidenced conclusively by their
execution thereof. This Council further hereby authorizes and directs the City Manager, the
Clerk of Council, the Director of Law, the Director of Finance, or other appropriate officers
of the City, to make such arrangements as are necessary and proper for collection from the
owner of said service payments in lieu of taxes.
Section 4. This Council hereby establishes pursuant to and in accordance with the
""" provisions of Section 5709.43 of the Ohio Revised Code, the McKitrick Project Municipal Public
Improvement Tax Increment Equivalent Fund (the Fund), into which shall be deposited all of
the service payments in lieu of taxes distributed to the City with respect to the Improvements
on the Property by or on behalf of the County Treasurer as provided in Section 5709.42 of the
Ohio Revised Code, and hereby provides that all of the moneys deposited in the Fund shall be
used solely for the following purposes:
(i) To pay the cost of constructing the Infrastructure Improvements; and
(ii) To pay the interest on and principal of bonds or notes issued by the City in order
to finance the Infrastructure Improvements until such notes or bonds are paid in full.
The Fund shall remain in existence so long as such service payments are collected and
used for the aforesaid purposes, after which said Fund shall be dissolved in accordance with said
Section 5709.43.
Section 5. Pursuant to Section 5709.40 of the Ohio Revised Code, the Clerk of this
Council is hereby directed to deliver a copy of this ordinance to the Director of the Department
of Development of the State of Ohio within fifteen days after its passage. On or before March
31 of each year that the exemption set forth in Section 1 hereof remains in effect, the Clerk or
other authorized officer of this City shall prepare and submit to the Director of the Department
"'-'2Si!i'" of Development of the State of Ohio the status report required under Section 5709.40(D) of the
Ohio Revised Code.
Section 6. This Council finds and determines that all formal actions of this Council
concerning and relating to the passage of this ordinance were taken in an open meeting of this
Council and that all deliberations of this Council that resulted in those formal actions were in
meetings open to the public in compliance with the law.
Section 7. This ordinance is declared to be an emergency measure necessary for the
immediate preservation of the public peace, health, safety or welfare of this City and for the
further reason that this ordinance is required to be immediately effective in order to provide for
the funding for the Infrastructure Improvements so that the Infrastructure Improvements may be
constructed as quickly as possible; thereby permitting the Improvement to be constructed as
quickly as possible, providing necessary jobs and employment opportunities and improving the
economic welfare of the people of the City; wherefore, this ordinance shall be in full force and
effect immediately upon its passage.
Signed:
li.~
.... residing Officer
Attest: ~C!..-~
Clerk of Council
Passed: r.,< 0 , 1994 h b ' ffy thot copies of this Ordinance/Resolution were posted in the
Effective: r ..l 0 ,1994 I ere Y cer.1 . d :th Section 731.25 of the Ohio Revised Code.
City of Dubhn In accor once w.
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Clerk of Council, Dublin, OhIO
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
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De~cTjpt:iC\;; c.: c.,; [3.:.;:;J....:..H. JT2C!
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Jon.; 1. }:d:jrrid; fot cl.
Situated in the Stat~ of Oh1o, County oi Franklin, Village of Dublin, anc _
being part of that same tract deeded by Luther C. Mitchell, Administrator. to
John L. McKitrick, as th~ same is sho~~ of record in Deed Book 1089. page 485.
Recorder's Office. Franklin County, State of Ohio. and being more fully described
as f 011 o~'s:
CornmencinE at a point 150.00' left of Station 751+02.90 of the centerline
of survey for Interstate Route 270. Section 7.47 ~orth. said point being on the
onortherly limited access right-of~ay line for Interstate Route 270:
thence. South 81"06'28" ~est a distanceo! 13.27 feet to a railroad spike
in the center,of State ~oute 745, said spike being the true point of beginning;
~ thence, along the northerly limited access right-of-~ay line of Interstate
Route 270 South 8Jo06'28" ~est a distance of .428.99 feet t.o 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
Sout.h 75"59' 19" ~est 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 Recorde~'s Office;
thence, with the above 72.702 Acre Tract boundary the follo~ing seven
courses:
]. ~orth 33"'33'27" :East a distance of 75.35 feet 'to an iron pin
2. :North 70003 '42" ~est a distance of 296..67 feet to an iron pin
3. North 45048'12" ~est a disLance of 205.53 feet t.o an iron pin
.4. North 05"'37'19" :East'a distance 0: 5]1.30 7eet t.o an iron pin
0-107 J 5. };orth 12"'38'~3" ~est c distance of 205.92 feet to sn iron pin
- 6. :North .53~41'54" west a distanc~ of 20L..66 feet to en iron pin
33.316A~- 7. North 39019'12" ~est a distance of 192..48 feet to an iron pir.
~n the northeasterly corner of said 72.702 Acre Tract anc in
~ <:)~ the south line of a tract of land deeded to Bonna ~, Starkey
,?,,~ by deed of record in Deed Book 2561. page 166, Franklin County
'-~ I Recorder's Vffice;
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. - thence, with the above Starkey 'tract boundary the follo~ing three courses:
~UBLI t.J
(J 1. South 87"'57'40" East a distance of 295.97 feet to a fence
"---oR p corner
, 2. l'Jorth 02Cl~'Ol" 'West.a distance of 755.95 feet to an iron pin
3. ~orth 88-26'1+8" East a distance of 1717.79 .feet to II railroad
spike in tbe centerline' of Ohi.o State R.oute 7"5 (Dublin
Bellepoi.nt R.oad);
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1 :. (-;-., f: , \.' ~ :!. 1. ;. t CI:-;i~f::rJ iTJ( c.'f S t G t f: F. 0U 1 f: 7~:. ~L<. f (.J j o.~"ir~r l;,le{ (()UT!'"L!::
l. 5o:.:tr. ]( [ .) 0 I 5 L," Ea 5 t G c5islance (Ii 721.;.~(; fHl 't c. c T Co ~ } T OC C
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2. So~.Jt 1-1 )t."37'19" Eas.t a cistancc of 418.67 fcet to c TeilToae
spike
3. South 09009'41" East a distance of 595.98 feet to the point of
beEinning. containing 83.373 acres more or less.
Subject to all legal easements and rights-of-~ay of record.
Tne Plat of Survey is an.integral part of this description and shall not
be separated from it.
This description is based on a field survey ~de by Dodson-Lindblom
Associates, Inc., Consulting Engineers, Columbus, Ohio.
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=Robert D,; McCo)'
Registered Surveyor No. 5283
June 18, 1983
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v~scriptic~ 0: c 71.~67 Acr~ 1ract
For
John L. }kKitrick et 21.
.Situated in the State of Ohio, County of Franklin. Village of Dublin.
and bounded and described as follo~s:
Being part of Virginia Military Surveys No. 2542 and 2543; also being part
of Parcel 1 sho~~ of record in Deed ~ook 2193, page 428 and Parcels 2 and 3
shown of record in Deed Book 2180, page 554 and 555. the aforementioned
references being to a 22.179 Acre Tract and part of a certain 32.59 Acre Tract,
sho~~ of record in Deed ~ook lIDo, page ~44, and part of a certain 21 Acre
Tract, shown of record as Parcel 2, ~n Deed book 2193. page 428. and as Parcell
in Deed Book 2186, page 554. all of the aforementioned records being to the
recordsoof the ~ecorder1s Office, Franklin County, Ohio and being nore particularly
described as follows:
II/I!I>.. 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
<'-;'fJ:'if:.~.1.iiiF' being South 00016' West a distance of 3,354.70 feet from the centerline of Brand
Road;
thence, ~orth 0016' Last 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 ~onna B. Starkey, by Deed of ~ecord in Deed Book 2561,
page 166;
thence. ~orth 85016' East along the southerly line of the ~forementioned
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 fro~ a stone post;
thence. North 85"49' 18" East, and continuing along the southerly line of
the aforementioned 30 foot strip, a distance of 895.37 feet to 8 point;
t.hence. North 4~10'42" lJest, a distance of 30.0 feet to a point in the
northerly line of ~he aforementioned 32.59 Acre Tract. shown oforecord as
Parcell in Deed book 1100. page ~4~;
thence, ~orth 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 Indi8.D Run and in the
'~sLerly l~ne of the aioremen~ioned 32.39 Acre Tract;
.~ thence, Soutb 42019' East. along theO centerline of said Dorth fork of
Indian ~un, a distance of 192.48 feet, to a point;
thence, South 56-41 '42" East. a dist.ance of 204.60 feet. to a point in t.he
centerline of 681d Run;
thence. South 15-38' 3P' East. a dist.ance of 205.92 feet to a point;
thence. Soutb 2-37'31" Yes.t,.a distance of 511.30 feet to an iron pin 1D
the centerline of said Run; .
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thc cE~teT]jn~ 0~ ~aic ~U~;
thence, Soutf: i3~03'30" East, a distance of 296.67 fcEt t c. C;. J:'= j nr. i:. t.one
centerlinE: of saic Run;
thence, South 30033'39" \Jest, a oistance of 75.35 feet to a point in t.he
northerly right-of-~ay line of Interstate Route 1-270;
t.hence, ~ith a curve to the left, having a radius of 7,623.36 feet, and
along the northerly right-of-~ay line of Interstate Route 1-270, the central
angle being.5053'36" the chota to t,.'hich bears South 64055'20" \.lest, a choro
distance of 784.79 feet to a point in the southerly line of the aforementioned
21 Acre Tract, sh~~ of recoro as Parcel 2 in Deeo Book 2193. page ~28;
thence, South 82~51' 30" 'West and along the southerly line of saio 21 Acre
Tract, a d1st.ance of 819.~lfeet to an iron pin in the easterly line of a tract
of land D~ or formerly o~~ed by The Boaro of Education of the ~ashington 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 ~elcome Inn farms. Inc.;
thence. North 11~04' ~est 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 Acre Tract;
thence, along t.he northerly line of said 13.832 Acre Tract South 85010' 'West
a distance of 1444.81 feet to the place of heginnins. containing 71.967 acres
nore or less; subject to all legal rights-of-~ay. easements and Testrictions of
record.
Tne Plet of Survey is en integral part of this oescription and is not to
be separated from jt.
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J(;Bl
Robert D. }o1cCoy
~ -85 .Registered Surveyor ~o. 5283
II" QQ ,-1 Jun.e 17. .1983
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WASH, Du l3t.11J
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Excepting therefrom the following described 21.284 acre tract:
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Situate in the State of Ohio, County of Franklin, Village of
Dublin, being located in Virginia Military Survey No. 2543 and
being part of the 71.967 acre tract conveyed to 1-270 Investment
Co. , by oeed of record in Official Record 03012 E-16, all refer-
ences being to records in the Recorder's Office, Franklin County,
Ohio, and bounded and described as follows:
Beginning at an iron pin in the centerline. of Cof fman Road
at the northwesterly corner of saio 71.967' ~cre tract, the south-
'Westerly corner of that tract of land conveyed to Bona B. Stark-
ey, by oeed of record in Deed.Book 2561, Page 166;
thence" North 85- 16 ' 00. East, along the southerly line of
said Bona B. Starkey tract, a distance of 1305.80 feet to an
angle point in said line;
thence North 85. .49' 18- East, continuing along said south-
erly line of the Bona B. Starkey tract, a distance of 5.51 feet
to a point;
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thence South 11D 004_' 00. East, a distance of 675.58 feet to
a point at the northeasterly corner of the 13.832 acre tract
conveyed to .John w. McKitrick, et.a1.(3), by oeed of recorCl in
Official Record 02317 F-004i
thence South 85- 10' 00. West, along the northerly line of
said 13.832 acre tract, a oistance of 1444.81 feet to a railroad
spike in the center1 ine of Coffman Road and being the northwest-
erly corner of said 13.832 ~cre tract;
thence North 00 16' 00. East, along said centerline of
Coffman Road, a Ciistance of 676.61 feet to the place of begin-
nin~, containing 21.28~ acres, more or less.
Subject, however, to all legal rights-of-\ljZlY c:nd/or ease-
ments, if any, of previous record.
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IJt:sc=-iT'l~C'.1J C.: Co 2.S.t,( ..l..c.)"t ~!c.n
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Situatec in the State of Ohio, County of Franklin, Vil)ag~ ef Dubli~,
being part of Survey Number 2542, Virginia Military Lands, ano beinf part of
that same tract deeded to John L. ~cKitrick, designated Second Farcel, by deed
recorded in Deed Book 1589, page 280, Recorder's Office, Franklin County, Ohie.
and bein~ more fully described as follo~s:
Commencing at a railroad' spike in the centerline of Coffman Road at the
southwesterly corner of a 71.967 acre tract of land no~ or formerly o~~ed by
John L. McKitrick et al., said spike being South nOo16' ~est 3,354.70 feet
along the centerline of Coffman Road from the centerline of Brand ~oad;
thence, North 85010' East a distance of 1~44.81 feet to an iron Fin;
- thence, South 1]004' East a distance of 411.05 feet ~o an iron pin;
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''- thence, South 23011'05" !.ast a distance of 543.72 feet to an iron pin,
said iron pin being the True Point of Beginning;
thence, ~orth 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 northerl)' limited
access right-of-~ay line of lnterstate Route 270;
thence, along the northerly limited access right-of-~ay line of Interstate
Route 270 on c curve to the Jeft having a radius of 7623.36 feet, a chord ~hich
bears South 58057'40" 'West a chord distance of 794.96 feet to the southeasterl:y
)_I~corner of a tract of land o~~ed by Toe ~oard of Education of the ~ashington
~ocal School District;
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:~8 t.hence, North 23011'05" ~est, lo."ith t.he.easterly boundar)" of said lloerd of
~ducstion tract, a cistance of 335.08 feet to the True Point C'f lleginninf.
~H. containing 2.966 acres of 1and noTe OT less, subject to all Jegel rights-of-~ay,
- easemen~~ and restrictions of record.
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Toe Plat of Survey is an integraJ part of this description ano is not to be
) separated fro~ it.
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This description is based upon a field survey cade by Dodson-Lindblo~
-t)~ Associa~es. Inc., Cc~~~lting E~gineers. Col~nL~us, Ohio.
~ ~y 4/ d 1l!.(J t,
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~ -- Robert D. McCoy fI
Registered Surveyor ~o. 5283
June 18. 1983
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SOUTHEFLY 23.669 J\CRE "IFJ\CT
Situet~ in th~ State of Ohio, County of franklin, Village of
Dublin, beinQ locat~~ in Virginia ~llitary &urvey Nes. 25(2 en~
2543 and being pert of the 34."53 acre tract ent1 part of the
15.532 acre trac~ conveye~ to Board of E~ucation of the.~aahIng-
ten Loc~l School District, by deecs of record in Deed Book 2855,
Page 68 an~ Dee~ Book 2855, Page 65, respectively, ell references
heing to recorda in thp ~ecor6e.r'5 Office, Franklin County, Ohio,
and houn~e~ en6 deEcrlbed ~a follows:
Beginning at a r~11roac spike ~n the centerline of Coffm~n
Roao at a 6outh",,'esterly corner of seid )( .453 acre tract, the
northwesterly corner of the 1.1~9 acre tract conveyed to E.L.
Elankenship, b}' 6eec' of record in Deed Book 3149, pege 493;
thence North 15- 30' 33- East, ~long said centerlIne of
Coff~en Roed, 131.~1 feet to a point:
...... thence South 82- S~. ~2. Eest, 3~'.79 feet to Ii point of
curvature of B curve to the left;
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thence alon~ the ~rc of 8~id curve (Del te c 6f.- 01' 01-,
~adius · 800.0 feet), ~ chor~ bearing an~ ~iEt.nce of North 6~.
OS' ~8- East, 871.62 feet to e point of tanQency;
thence ~orth 31- OS' 17- East, 760.00 feet to a point of
curveture of 6 curve to the richt;
thencE' l' lonf: thE l'I rc of Sl\ ic curve (Suh-Del tc.. E 3. 541 39.,
F~diuF E ]400.0 fE'et), e chor~ be~rin, an6 diEtance of Nort~ 33D
C\]' 37- r..e~t, ~5. ~l feet tc an iron pin et the southeasterly
cornpr cf thE 13.P32 acre tn:ct conveyed to Jor.r. \.. ":cYitrid',
E't.el.(3), t"-y oeE':c of reccrc:' ir: {)ffici~l F:E'C'cr~ C'l?31i f-('~ ane
t>ejrj~ in the \o.lf'stErly line of the il.S'(; EoCrf: trflct C'onvf-Yf-C" tC'"
:::-:2:(' lr.\'cstrl<:nt (c., ~y c.~f-C~ 0i rE'-corc ir: 0ff1cicl fpcorc; 0301;
[-1 ( ;
thencf' SOL'tt 23~' 11' r5- LeEt, clC"ng Ef'ic'. ...'e~tPr}y linE- cf
the il.9fi ~cre trect anc thE westerly linE" of t.he '.~f-f ecn.
t.ract cC'lnveyE'c' to 1-270 !nveEtJ"!'.ent' Cc., by ce~c 0: r~corr' in
OfficiBl Record 03012 F-06, ~ d1~tance of ~7e.F() fePt to en iron
pin 6t the southweeterly lcorner of said 2.966 acrE'- tract end
bE' i ng i.n t.he iiorttl.e~~,rly liii.d. teG tOCCc~S r ight-cf-....~y 1 inE:-()f
Inter6t6te Route 270;
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thence along eai~ right-of-way line of Interstate Route 270,
being the arc of a curve to the left (Sub-Delta · 12- 52' OS-p
~8diuF - 7623.36 feet), a chord bearing 2nd oietanc~ ~f South 49-
32' 26- ~e.t, 170B.63 feet to ~n iron pin at the southeasterly
corner of -WILLO~ GROVE Of DU~LIN CON~INIU~ HOHES, PHASr. 2-P-p
of record in Official Recor~ 0.758 A-DB:
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thence North 5- 59' 33- l'ie ~ t , along the e~~terly line of
said .WILLOW GROVE OF DUBLI~ CONDOMINIU~ HO~ES, PHASES 2-A, 2-D,
:2-E Bn~ 2-F, ~ cH E tance of 657.57 feet to t.he northeasterly
corner of .WILLOn GROVE OF DUBLI~ CONDOMINIUM BOMES, PHASr.2-A.,
of record in Official Fecord 03661 B-071
thence ~orth 84- 22' 02- 1oie~t, elong the northerly line of
said Condomin i un and the northerly line of · '-;'1 LLOW GROVE; OF
flllBLl~ CON DOl-~ Hi 1m: HO~ES, . PHASE 2-fl., of record in Official
F.ecorc 0-< 3 50' E-01, e ~1astal'c~ of 223.02 feet to an iron pin at
the northeesterly corner of the F.L. elenken~hip 1.199 ecre
trllct;
thence North 82- 53' ..2. l'~e IS t , along the northerly line of
E>~ld l.l~~ ecre tract, a dlastence of 367.00 feet to the pIece of
bpg1nning, containing 23.669 acref, ~ore or less.
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Exhibit B: Description of Public Infrastructure Improvements
MCKITRICK OFFICE BUll.-DING
Public Improvements
The public improvements consist of constructing all or a portion of a new east-west street to
~ ultimately connect Coffinan Road with Dublin Road, with that improvement extending
'"-' approximately 3,000 lineal feet east from Coffinan Road, from a point south of Dublin Coffinan
High School. The public roadway improvements include three-lane pavement, curbs and gutters,
a bridge/culvert crossing over the Indian Run at the eastern end of the street extension, street
lighting, storm sewers, sanitary sewers, water mains, sidewalk and/or bikeways, and landscaping
within the right-of-way. Also included are any necessary improvements to Coffinan Road to
connect the new street to existing pavement. In addition, the public improvements include design
and other related costs, any required land acquisition needed for right-of-way, final plat
preparation as required, erosion and sediment control measures, traffic control devices, grading
and other related work, survey work, soil engineering for the public street, construction staking
and all other matters and activities necessary and appurtenant to those public improvements.
) .
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