105-01 Ordinance ORDINANCE NO.~~-O1
AN ORDINANCE DECLARING IMPROVEMENTS TO
CERTAIN PARCELS OF REAL PROPERTY TO BE A PUBLIC
PURPOSE, DESCRIBING THE PUBLIC INFRASTRUCTURE
IMPROVEMENTS TO BE MADE TO BENEFIT TI-IOSE •
PARCELS, REQUIRING THE OWNER(S) THEREOF TO MADE
SERVICE PAYMENTS IN LIEU OF TAXES, ESTABLISHING A
MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT
EQUIVALENT FUND FOR THE DEPOSIT OF SUCH SERVICE
PAYMENTS, AND APPROVING AND AUTHORIZING THE
EXECUTION OF A TAX INCREMENT FINANCING
AGREEMENT.
WHEREAS, Sections 5709.40, 5709.42 and 5709.43 of the Ohio Revised Code
(collectively, the "Act") provide that this Council may declare improvements to parcels 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 those parcels, provide for the malting of service payments in lieu of taxes by the o~~mers
thereof, and establish a municipal public improvement tax increment equivalent fund into which
such service payments shall be deposited; and
WHEREAS, Grabill & Co. LLC and Dublin Marathon Service Company (the "Oti~~ners")
now o~vn certain real property (as described and depicted on Exhibit A and referred to herein as the
"Property") in the City; and
WHEREAS, the Owners or their successors or assigns have or will develop on the Property
a conunercial retail and office development (the "Project"), and this Council expects to make the
public infrastructure improvements described on Exhibit B hereto, that once made will directly
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, by a resolution adopted by the Board of Education of the Dublin City School
District that Board waived its right to notice and approved the passage of this Ordinance pursuant
to Section 5709.40 of the Ohio Revised Code; and
WHEREAS, this Council finds and determines that notice of this proposed Ordinance leas
been delivered to the Board of Education of the Central Ohio Joint Vocational School District in
accordance with Section 5709.83 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 Section 5709.40 of the
Ohio Revised Code, this Council hereby finds and determines that 100% of the increase in
assessed value of the Property subsequent to the effective date of this Ordinance (which increase in
assessed value is hereinafter referred to as the "Improvement" as defined in Section 5709.40 of the
Ohio Revised Code) is hereby declared to be a public purpose, and shall be exempt from taxation
for a period commencing on the effective date of this Ordinance and ending with the earlier of
thirty (30) years from such effective date or the date on which the City can no longer require
semiannual service payments in lieu of taxes, all in accordance with the requirements of Sections
5709.40 and 5709.42 of the Ohio Revised Code.
Section 2. The public infrastructure improvements described on Exhibit B hereto and to be
made by the City are hereby designated as public infrastructure improvements that directly benefit,
or that once made will directly benefit, the Property (the "Infrastructure Improvements").
Section 3. As provided in Section 5709.42 of the Ohio Revised Code, the then owners of
the Improvement are 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 into the Fund (as defined below) established in Section 4 hereof, all
pursuant to Sections 5709.40 and 5709.42 of the Ohio Revised Code and as provided in Section 4
of this Ordinance. Each payment shall be in the same amount as the real property taxes that would
have been charged and payable against the Improvement (after credit for any payments received by
the City under Section 319.302 of the Ohio Revised Code) had an exemption from taxation not
been granted, and otherwise shall be in accordance with the requirements of the Act. Any late
payments shall be subject to penalty and bear interest at the then current rate established under
Sections 323.121(B)(1) and 5703.47 of the Ohio Revised Code, as the same may be amended from
time to time, or any successor provisions thereto as the same may be amended from time to time
(the payment of penalties and interest aze collectively referred to herein with the payments in lieu of
taxes as the "Service Payments").
The form of the Tax Increment Financing Agreement (the "TIF Agreement") with the City
in the form presently on file with the Clerk of Council, providing for, among other things, the
payment of the Service Payments, is hereby approved and authorized with changes therein not
inconsistent with this Ordinance and not substantially adverse to this City and 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 TIF Agreement
with each of the Owners, provided further that the approval of changes thereto by those officials,
and the character of the changes as not being substantially adverse to the City, shall be evidenced
conclusively by their execution of the TIF Agreement. 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 of the Service Payments from the owners of the Improvement.
Section 4. This Council hereby authorizes and directs the Director of Finance to establish
pursuant to and in accordance with the provisions of Section 5709.43 of the Ohio Revised Code,
the Historic Dublin Parking Municipal Public Improvement Tax Increment Equivalent Fund (the
"Fund"). The Fund shall be maintained in the custody of the City. All Service Payments and any
other payments received by the City under Section 319.302 of the Ohio Revised Code in respect of
the Property shall be deposited into the Fund. The Service Payments shall be used solely for the
purposes authorized in the Act. The Fund shall remain in existence so long as the Service
Payments are collected and used for the aforesaid purposes, after which the Fund shall be dissolved
in accordance with Section 5709.43 of the Ohio Revised Code.
Section 5. 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
prepare and sign all agreements and instruments and to take any other actions as may be appropriate
to implement this Ordinance.
Section 6. 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 15 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 of Development of
the State of Ohio the status report required under Section 5709.40(E) of the Ohio Revised Code.
Section 7. 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 8. This Ordinance shall be in full force and effect on the eazliest date permitted by
law.
S' ed:
~~'V
P ding Officer
Attest:
Clerk of Council
Passed: , 2001
fio b cr-
Effective: , 2001 {hereby certify that copies of this Ordinance/Reso{ution were posted in Thk
City of Dublin in accordance w:#~ Section 731.25 of the i1t'+ia Revised Code.
-2-
Qa~idn~, ~~~@J
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The following real estate situated in the City of Dublin, County of Franklin and State of
Ollio, as bounded and described as follows:
]ittuat~ 5, 1999
(Town Center I)
I
I DFSCItLYT10N OF A O.Zg3 e~CRE TRACT
A7 TjI~F BpTJTBW~'r GORNgR DUBL~.AYGOHIO ZGT ~.ND BOUTS HtGIi STREET,
3ituat1 1n the State of Ohio. Couryclr of franlclia. Ciry of Dublin, In VirginlaMilitsrY SWCVey No•
1542, hcii~g a portlan of r.,at Na. 143 ~d a perticn ci Lor 142 of d,a Tc~++n plat of pablln, aC
fe-or in Plat Book 1, Page 593, Recorder's Offices Frsriklin Couet~y, Ohio sttd heiug a portion
o(vs d.3 BS seta tract of land tonvnysdeOo De s,Oft~~
p ani~lin Couttity,~Oh
o eoa d tra i bettlb
O'ffiei~l Rococd 124b~, pa8e H 11, R~ r -
btiuA~ad sad described P~ fallo~ws: .
A~:gir~niag ac s railroad spiko found it the Intersection of the south righavt--Way line of HridgG
yt~et~ _ u,g, Rpute 33f5-R. i 61 (6C bust in width) with the east lige of West Mill ~Oo (30 iv`ect in
widtF~1, at the narlhWest earncf of said lot No. 113 and st flu northwest corner ot'sold 0.3$5 acre
(1,9~;t;
U_9. Route 39/S R.
thane N 89° 56' 00" E along the saut~t risltiat'•w+iY Ilea aE Rridge Stetet •
t~;i, long tltc north Ilse of ssld Lot No. 143 and along the north linen of Raid 0.385 sere tract a
disto rro of 166,02 feet to a drill hole found at the intcrscetlan ol'the south tight-of--Way line of
Drid State! - U.S. Roulo 33/S,R• 161 with the west ~ighr-Cfway line of South Higb Sttoet
bubl Road (66 fact ttt widtEs), at the uortheast carAcr of sntd Lo! Na. 143 and u the northeast
come o~ tiaid t1,3 83' Mare trial;
lh,enc~ S 0' 04' ZI" Il I~long tad west tighaof--way lino of 5ouih Hi~1? Street -Dublin Road. slottg
th,a oast tine of salts Lot No. lgj, along a portion cCtho east il,tR of sold Let No. laZ and along
!>i~c east l~ttr of said 0385 acre trams a distenac of 99.54 feet to a I.D. iron pipe Found at the
sonthhast carnet ofaald C.38S sve ttnct and at the northeast corner oFa tract 09`~ceetdtr'S
Psrcdl I to Ciry of Dublin by deed of record in O~aiai RCCOrd 11388, peg ,
a(rcg Franklin County, Ohia;
tl~cnce S 89° 36' 1 S" W erocslag a portlott of ssld Lot No. 142, along a portlat~ of the south lint
of sa{d 0.385 sera ~aC! and along a portion of the nor~h tine of said parcel 1~ s d'tstarlce of 49.20
li:et ~p 3 point;
tEten9e erossleg s pottior ofsiid Lots Nos, iA~ u,d 143 and crossing a portion of said 0.385 seta
tract the following eight courses:
i. N 0° O1' 39" 1 a dts~aaee oF~7.64 feet eo o point;
Z. N 89° 58' 21" W a distance of 14.00 feet to a pointof eurviceute;
9. noRhwes~erly with . eucve to the tialtt, data of Which ls: radius a 5.00 foot, sad dells
= 90. 00' 00", a chord diseaaeo of 7.01 feet bearing N 4a° S'' 21" IN to a .pett?t of
tadgcnoy;
r•" 4, X10° 01' 39'~ 18 a dlrtattcC of 14,00 Psct fn a point;
5, N gga sg~ 21" W a dlstanee of x6.00 feet to a Pvint;
~ ti, S t1' O1' 39" s distapoe of 1+.00 feet to s point pi curysturc+
Peat 1 oft
9 $-139Nt1D Cr1Tp3.000
A-1
_ =
. w. _ _
. ~ 7snna75.1999
i
(Town Center I)
I
I
7. ~outl~westolly wit1+ a curve io tl5a rlgfi; data boaring S `S a01' 395 W t
a
~o1nt
I
delq 90' 00' 00'', d chard distu?ce of 7.07 t
of tang~cYi
' 8, K 89' S6' Zl" W a diYteaaa of of No,fl43 sad m thv west li seoE'saicl 0.385 aarle
Lscta, m 111e rvede listo of said L
I
tract,
t'hcnge N 0' O l' 39° i? along lltie east line of won Ntii1 Lsnt aloa¢ a pottioa of the west line o
srid of N0. 143 and alone a poKiva of the•resi line oT'sai~l Q.] 65 Gera treat a dlst~~ cf 95.99
teat ~ the plaaa o(baginniug; aeC ~ tll
con1~?ining 10,573 sgaarm fact DZ4e opth and,westbv nd y u ba9ed as rho utlioe of tHc
rate one artd resbrietiottis of rnoord. '1'b
~uep rod back of curb, TIo manumani~tioo vrss :ec. or Ne• X697. o [ Gl'. Bird
'The abava d•soriptioa Was peepnrcd by Kevin I« Htoctar, t7h+e survoy
Erot:t 3tt actusl field
& $ull, Tne, Coesrulting Boglneers ~ Surveyors, Columbus Chic, $ssis oP
s y parl'Grnzatl under his supecylSion o~ 6aid atr7V 69° 56'`00' B,Qa~d a'll other
bcs 'Aga is the south lira of ~r~dga 5utct, being
6ee~ls~gi based open this mc~idian,•
oT o
,~,,~p:~. ti,0
!Ce in L. aaxttt IGE~lihl
C1h'o Sutveyatt17S9~ ehXTi:~ ~
~ ~~s 7ae~a
i
i
i
rAs~ z oEz
A-2
, .
(Town Center I)
I
i
I
I
I
so'
BRIDGE' SY'REET U.S.R. 33 - S. R 761 .
i QrMI Mo?~ lawns
bo'
RR S/ike i'aWA 7~C.0t'
• OubtTA MarorAan Ssrvres ~ ~ ti
~ Pe~i~ai~J ~ ~ ~ 0,~5 Ae. ~ ,
t ~ nPiar LOT 14J O, R. t~d6f, Pp. N 1z ~ i
~j ~ R x e ' a1~3 R~ ~ ~ ,
~ ~ - ~ 8 N ~l7~ K J " ~ d ~ ~
~ 8 ~ ~ u
b - ; A? 8D~!'21' W ~ ~ ~
~ x.00' ~ 1t 00 q
_ Od aald ~3 AN~?3.T~00s ~
fit \ pr O. r.79 Ac, z D Q
~ ~
^ li7.oo' seaJe'~~" w IA?o
l.0. ro~xe• !e+ ~~eC ~YAI
>A P t Fpun1
cot ~s~
qty at Aublhf
I
~ Peled 1
o.R, Ilsde. PD• N 09
P,N. ?9J-000037
~~~f, Qlr p~._ .
O
i IL~iN
L
.fit 9 ~aa .
aisra or' e~~ArN~s r». euM I.lwa e/ enTS9• Slr~~l.
BeQ~y Iltsw+.d al it ' dl' Q0~ i vx1 a~f
Ofecr 6eorfnla ~n~ a wM tAJ4 a~.n`daw. ~ V
' .~'X IBIT fOR 0.,243 A~E~ST OF HIGH STRL~'ET,
SOUTH o~' Wz^S BRIDG~~~SLINgEDtlld
(Y. J~ S. N0. 2542 ,
/~11 S~Y1A Iwd YVfai bowld 1s ~vasl N. avpal! er
Mr p•eoaved ~aek a/ tW'b. a TMUrna+I! s/e sNes~ ar se!
1 scnl,~ = Jo` ( ~ANU~IRr 5. ra98
C.f. 8b•d sr R u: 9~JL ,he,
1875 w Da.blln- `d~lv Rd 6 r - v. 7Q97
Celunbus, OAIe~ 4 .].i J(svdn C. Baxfe t7hle Surrey~ar K
~fXiUdl~s 1 outllr.d s~~ 0I~7J9
A-3
January l5, 2000
• (Town Center II)
DESCRIPTION OF A 0.]tl7 ACRE TRACT'
AT TH8 S.L, CORNSR O)c WE5T BRIDGE STREET AND FRANKLIN STREET,
DUBLIN, ONIO
Situattd in the State of Onio, County of FrenkJln, Ciry of Dublin, in Virginia Military Survey No.
at°° 2542, beht8 alI of Lot No. 3 and a portion of Lot Na, 2, as thown upon the plat entitled "Elind
Sells' Addition to the Town of Dublin", of record in Plat Book 40, Page 89, Recorder's OKce,
Franklin County, Ohio, :aid Lot Nv. 3 and portion of said Lot No. 2 having been conveyed to
Tha ConigetionaJ Church of Dublin, 0„ by deed of record in Deed Book 569, Fage 109,
Recorder'. Oftce, Franklin County, Ohio, raid uact bounded and described at follows:
ac$inning at a i4" I-D, iron pips Set et the inrerstctitm of the south line of West Bridge Street -
U,S.R. 3] - S.IL l61 (60 feet in width) with the east llna of Franklin Street (66 feet In width) and
at the northwest Comer of said Lot No. 3;
thence N A9° 58' 39" $ .tong the: south line of West Bridt<e Strcct. .loot the north line e(said
Lot No. ~ and along a ponion of the north line of said Lot No, 2 a distance of 89.00 feet to a
point at the northeast comer of said tract conveyed to Thu Contrctional Churt:h of Dublin, 0.
and at the nonhwe:t corner of a tract of land conveyed to Btvice D. 6t Litiian S. Graham by deed
of record In Official Record 29440, Page A O4, Recorder's Office, Franklin County, Ohio, said
point being reforenced by a 1.D. iron pipe found N 00° !6' 15" W a distance of 0.19 feet;
thrnce S 00° 16` t5" E atoog tl,e cast line of said tract convoyed to The Congrctional Church of
Dublin, O. and along the west line of said trait conveyed to Bruce D. k Lillian S. Graham a
distance of 150,10 fort to a railroad spike found in the nonh line of Sells Alley (16.5 feet In
width), in the south line of said Lot No, 2, at the southeast Corner of said tract conveyed to Ttte
Congreronal Church of Dublin, O. and at the southwest corner of the tract conveyed to Bruce D.
~4 Lillian 3, Graham;
~en~ S g9° 42' l2" W along; portion oCSells A1lcy, along a portion of the south line of salrt
I-ot No. 2 and along the aouth lint of said Lot No.) a distance of 88,92 feet to a railroad spiky
found as the lntecsection of:re north line otSells Alley wilt the eaet Tina of Franklin Street and
at the sou~l,wecr corner of said Lot No. 3;
tbcnce N 00° I8' 02" W along Franklin Strt:ct and alone the west line of said Lot No. 3 a
diatance oL ISO,S3 fret to the place of beginning;
taa°w conaining 13,372 equate Get 0.307 arrr) of land mote or less and being subject to all
easemrnt and rcstrietiotu of record.
The above description was prepared by Kevin L. 13aater, Ohio Sutvtyor No. 7697, Of C.F. Bled
6c RJ. Bull, Inc„ Consultint 8n;inters dt Surveyors, Columbus, Ohio, from an actual field
survey performed under his supervision February, 1999. Basis of beatings is the south line of
Walt Bridge Street, being assumed at N 89° 58' 39" E, end all other luetlnaa arc based upon this
metidlan,
~ g~P-~!^ aF oy~o
Kevin L. Butter KEVIN
Ohio Surveyor at7697 it L'
93- Vi
~a~A~
/
s~RveYa`~
Att eahihit of this description it ailuhed hereto and mad. a parr thereof per the Ciry of Dublin
Doveloptnent Departrrtent tequirerocntc.
Pars 1 of 1
49.016.01IDub lin_Twn_Ctr_]1_Northcik
wr.r
A-4
(Town Center II)
WEST BRIDGE STREET ti 60'
J/~' I.O /icn J/~' l~Q l
Plo. ..1 ab~, l~"~ "
N 'J9' E
ea.oo s.,,.,
Pt.tC£ Of BECIM.
fCr? 0.3117 AC. rRACr 1
Ww.r `
` ~
! x
0
yUU~ti
3 V ~a~
~ ~
r Fn
- ~ I O ~ y.~,N
r r
~ r ~ ° ~"2
x - ~ ~ doh
s I z s
lifC C08lCRERONAL ' ELlND ELLS' ADAfTION M
CHURCH OF RUdCtlt Q
CD D.B. 569, Pc rod I TO TffE OWN OF DUBLIN Z
CD P N. ?7J-000026
Z P. B, 4 PC, 89 ~
~ I ~
(W ed 9TH RoMMa R.M•rr r. MaI
"1 Rcirt M I y !rr"I Soil /~MtI S•f
5 89'~2'f2" W
~ p',;,,` SELLS ALLEY 16.5'
rr,.,.
P.hr w urrnrrwr
Rdrr,at e/ • .iN~ LQ
r~ a fn" rp. lww./ R K' [are
C~ nuBUN coMr~uNirr crtuRCw
QR. JIfA2. PG ~ or
P, N. 773-000!1 f
-
6~F~ ~ ~ r oy0
BASIS AF BEARINGS the South Line of W. Bridge
S(., SeJng Assumed of N B9~9' J9' E, and Al! * eA>~EF3 ~
Other Bea-ings Ara 8osed on ThiX Meridlon. ~ X789' ~
POISTEP~
`sORV~`caP
EXHIAIT FOR 0.307 ACRE TRACT
AT THE S. E. CORNER OF W. BRIDGE ST. &
FRANKLIN ST., DUBLIN, OHIO
SG'.LE.• 1 " K 30' JANUARY 15, ?000
C.f Hird do R.J. Bull, lnc. ~~~yN, ~
213-'5 W. Dublin-CranvAfe Rd. 8Y
Col.Imbus, Ohio 432J5 XeviA L. Boxier - Ohlo Survtyor No. 7697
R~ ~ XHIBf7S f:E XlUBIrS OR Tf{ANS>•ER.OttG 99-Of6
arw
A-5
EXHIBIT B
DESCRIPTION OF INFRASTRUCTURE IMPROVEMENTS
The Infrastructure Improvements include: (i) construction of an approximately 60-space
parking lot between Franklin Street and Mill Lane south of West Bridge Street, and (ii)
improvement of a joint City/School District parking lot located as depicted on attached Exhibit
B-1, including resurfacing, landscaping and installation of a sidewalk connection to Darby
Street, and in each case, all other costs and improvements necessary and appurtenant thereto.
wrr.
B-1
IX[III31T I3-1
T~CPIC"PION OP CI"I'Y/SCHOOL D1S"I~IZIC'f 1'AR[~1NG LO"I'
'1,' f ~ tt~^~ ~ + - ' • ~ t ,tom 1 ~ i ~ _ t.~
f ~ t
• is 'Tr. ; ~ ~ 4 a
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i ~ w~ ~ 7s a~
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~•f 01\y R ~ ~ I E{1
~b~ re -v ^ - • ~ ~ • 11 ~ d
13-1-1
Office of the City Manager
5200 Emerald Parkway, Dublin, Ohio 43017-1006
Phone: 614-761-6500 ,Fax: 614-889-0740
Memo
CITY OF DUBLIN
To: Members of Dublin City Council
From: Timothy C. Hansley, City Manager
Subject: Ordinance No. 105-01, Establishment of a Tax Increment Financing District for Town
..w~ Center I and Town Center II
Date: August 30, 2001
Initiated by: Marsha I. Grigsby, Director of Finance
Resolution No. 39-O1 was adopted at the August 27, 2001 City Council meeting and authorized the
City Manager to enter into an agreement (the Agreement) with the Dublin City School District for
the improvement of the parking lot at Indian Run Elementary School. This partnership provides
additional parking to meet the School Districts needs while providing "after hours" parking for
Historic Dublin businesses, a goal of the City.
The Agreement also provided fora "straight" tax increment financing district (TIF) to be established
for Town Center I and Town Center II in Historic Dublin. This Resolution establishes the TIF
district and identifies that the service payments will be used to reimburse the City for the costs to
improve the parking lot at Indian Run Elementary School and to construct a parking lot between
Franklin Street and Mill Lane, south of W. Bridge Street.
If you have any questions, please do not hesitate to contact Marsha.
T:\2001\077-105-O1-ORD MEMO.doc
+w.~.
SQUIRE, SANDERS SL DEMPSEY L.L.P.
1300 Huntington Center
41 South High Street
S(1T TTT1 Z LEGAL Columbus, Ohio 43215-6197
S~DEN COUNSEL Office: +1.614.365.2700
WORLDWIDE Fax: +1.614.365.2499
Direct Dial: +1.614.365.2742
VIA MESSENGER -HAND DELIVERY
August 29, 2001
Marsha Grigsby
Director of Finance
City of Dublin
5200 Emerald Parkway
Dublin, Ohio 43017
Subject: Historic Dublin TIF Ordinance
Dear Marsha:
Enclosed for distribution to Council for a first reading on September 5 is the TIF
ordinance for the Historic Dublin area parking. This ordinance includes all the exhibits.
Very truly yours,
Gregory W. Stype/ss
cc(w/enc.): Anne Clarke, Clerk of Council
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