116-01 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. 116-01 Passed . 20
AN ORDINANCE ACCEPTING A PROPERTY OWNERS' PETITION
FOR THE IMPROVEMENT OF WOERNER TEMPLE ROAD AND
EITERMAN ROAD BETWEEN CERTAIN TERMINI BY
CONSTRUCTING, EXTENDING, OPENING, IMPROVING, GRADING,
DRAINING, CURBING, LANDSCAPING AND PROVIDING
SIDEWALKS, BIKEWAYS AND LIGHTING SYSTEMS AND ALL
RELATED SEWER AND WATER UTILITY IMPROVEMENTS, AND
PROVIDING ALL RELATED WORK AND APPURTENANCES;
CONFIRMING THE NECESSITY OF AND DETERMINATION TO
PROCEED WITH THE IMPROVEMENT; AND LEVYING SPECIAL
ASSESSMENTS FOR THE IMPROVEMENT; AND DECLARING AN
EMERGENCY.
WHEREAS, the City of Dublin, Ohio (the "City") and Edwards Golf Communities LLC
previously entered into a Development Agreement dated August 14, 2000 (the "Agreement")
generally regarding the development of certain real property located in the southwestern sector
of the City and the construction of related public infrastructure improvements; and
WHEREAS, the Agreement provided that the City would design and construct, or cause to be
designed and constructed, a portion of those public infrastructure improvements including
Woerner Temple Road from Avery Road to Eiterman Road and Eiterman Road from a point 250
feet south of Woerner Temple Road north to Shier-Rings Road, including all related intersection
improvements, utilities (including but not limited to water lines along such roadway
improvements), tunnels and related appurtenances thereto (which public infrastructure
improvements are more specifically described on Exhibit A attached hereto and by reference
made a part hereof and referred to herein as the "Improvements") with $1,666,667 of the actual
cost of those Improvements assessed against real property described in the Agreement; and
WHEREAS, this Council has previously authorized and requested the City Engineer to prepare
plans and specifications for the Improvements, which plans and specification have been prepared
by the City Engineer; and
WHEREAS, the City, by passage by this Council of Ordinance No. 43-01 on Apri12, 2001, has
heretofore determined the necessity of the Improvements and determined to proceed with the
construction and installation of those Improvements, which construction has heretofore
commenced; and
WHEREAS, in accordance with the Agreement, the owners of the lots and lands representing at
least 75% of the area to be assessed for the Improvement have petitioned this Council (which
Petition for Special Assessment and Affidavit dated September 17, 2001 is attached hereto as
Exhibit B and referred to herein as the "Petition") for the construction of the Improvements, and
further, that there be assessed against the Property $1,666,667 of the cost of those Improvements
plus any amount necessary to reflect any financing costs incurred by the City in connection with
the issuance by the City of bonds in anticipation of the collection of the special assessments; and
WHEREAS, this Council hereby accepts the Petition, confirms its prior actions determining the
necessity of the Improvements and determining to proceed with the construction of those
Improvements, and has determined to levy the special assessment as provided in the Petition;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Franklin,
Delaware and Union Counties, Ohio, that:
Section 1. Determinations Relatin tg_o the Improvements. This Council has, by the passage of
Ordinance No. 43-01 on Apri12, 2001 (the "Improvement Ordinance"), determined the necessity
of constructing the Improvements, directed the City Engineer to prepare plans, specifications,
profiles and an estimate of cost of the Improvements (which plans, specifications, profiles and
estimates have been and are now on file in the office of the Clerk of Council), and further
authorized and directed the construction of the Improvements, and such actions heretofore taken
are hereby confirmed. This Council further finds that (a) the Improvements are conducive to the
public health, convenience and welfare of this City and the inhabitants thereof, and (b) the
Property (as described in the Petition) to be assessed as described in Section 2 hereof is specially
benefited by the Improvements.
RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. 116-01 Passed Page 2 . 20
Section 2. Schedule of Assessments; Lew of Special Assessments. A portion of the cost of the
Improvements in the amount of $1,666,667, plus any amount necessary to reflect any financing
costs incurred by the City in connection with the issuance by the City of bonds in anticipation of
~ the collection of the special assessments, shall be assessed against the Property in the manner as
provided in the Petition. The Director of Finance has heretofore prepared a schedule of special
assessments in a manner consistent with the Petition which is on file with the Clerk of Council.
This Council hereby confirms the preparation of that schedule, adopts that schedule and directs
that the schedule be maintained on file in the office of the Clerk of Council. Those special
assessments are levied and assessed upon the Property provided for in the Petition in the
respective amounts set forth in the schedule of special assessments on file, which special
assessments are in proportion to the special benefits and are not in excess of any statutory
limitation.
Section 3. Payrnent of Special Assessments. 'The special assessments to be levied shall be paid
according to the following payment schedule: over a period of 20 years in 40 semi-annual
installments, with interest on the unpaid principal amount of each special assessment at the same
rate or rates of interest as shall be borne by bonds to be issued in anticipation of the collection of
the total of the unpaid special assessments. All special assessments shall be certified by the
Director of Finance to the County Auditor of Franklin County, Ohio, as provided by law to be
placed on the tax duplicate and collected as taxes are collected.
Section 4. Notification of Passage of Ordinance. The Clerk of Council shall cause a notice of
the passage of this Ordinance to be published once in a newspaper of general circulation in this
City and shall keep on file in the office of the Clerk of Council the special assessments. The
Clerk of Council shall also deliver a certified copy of this Ordinance to the County Auditor of
Franklin County, Ohio within 15 days after its passage.
Further, the Clerk of Council shall provide by certified mail a notice of the passage of this
Ordinance to any person owning any portion of the Property which person was not a signatory
on the Petition. Such notice shall also include a certified copy of this Ordinance.
Section 5. Compliance with Open Meeting Requirements. 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 and of
any committees that resulted in those formal actions were in meetings open to the public in
compliance with the law.
Section 6. Effective Date. This Ordinance is declared to be an emergency measure necessary for
the immediate preservation of the public peace, health, safety and welfare of the City, and for the
further reason that this Ordinance is required to be immediately effective in order to issue and
sell bonds in anticipation of the collection of the special assessments, which is necessary to make
timely payments on the contracts for the construction of the Improvements and to sell the bonds
in the most cost effective manner in coordination with other pending bond issues of the City;
wherefore, this Ordinance shall be in full force and effect immediately upon its passage.
Si ed:
eliding Of icer
Attest:
Clerk of Council
Passed: September 2001
Effective: September 2001
I hereby certify that conies of this Ord4nancelR'esolutian were posted in t E
City of Dublin in accordance with Section 731.25 of the t~hio Revised Cod .
CI k ~::"Irt_4, Dublin, Qhio
EXHIBIT A
Description of Improvements
The Improvements shall include of the design and construction of Woerner Temple
Road from Avery Road to Eiterman Road and Eiterman Road from a point approximately 250
feet south of Woerner Temple Road north to Shier-Rings Road, including all related
intersection improvements, tunnels and all related appurtenances thereto. The Improvements
shall also include the design and construction of approximately 2700 linear feet of sanitary
sewer line along Shier-Rings Road, east from Eiterman Road, and all related appurtenances
thereto. The Improvements shall further include the design and construction of approximately
3320 linear feet of water line along Eiterman Road, north from Shier-Rings Road,
approximately 3200 linear feet of water line along Shier-Rings Road, east from Eiterman
Road, and approximately 9901inear feet of water line along Avery Road north and south of
Woerner Temple Road, and all related appurtenances.
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EXHIBIT B
Petition for Special Assessment and Affidavit
F
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T
PETITION FOR SPECIAL ASSESSMENTS AND AFFIDAVIT
September 17, 2001
To the Council of the City of Dublin, Ohio:
WHEREAS, it is represented by Edwards Golf Communities, LLC ("Edwards"), William M.
Thomas, Jr. and Robert T. Thomas ("Thomas"), Dorothy Thomas and National City Bank, as
trustees for the William Marvin Thomas Trust ("Thomas Trust"), Jay W. Liggett, as trustee for the
Jay W. Liggett Trust ("Jay Liggett Trust"), Margarett J. Liggett, as trustee for the Margarett J.
Liggett Trust ("Margarett Liggett Trust") and M/I Schottenstein Homes, Inc. ("M/1 Homes"), that
they, collectively, are the owners (collectively, the "Property Owners") of certain real property
(which real property represents at least 75% of the area described on Exhibit A attached hereto and
by reference made a part hereof and referred to herein as the "Property" which Property is further
referenced herein by various "Subareas"); and
WHEREAS, the Property Owners acting through their respective Authorized Representatives:
Property Owner Authorized Representative
Edwards Peter H. Edwards
Thomas William M. Thomas, Jr.
Robert T. Thomas
Thomas Trust Dorothy Thomas
Gary Moreland, on behalf of National City
Bank
Jay Liggett Trust Jay W. Liggett
Margarett Liggett Trust Margarett J. Liggett
M/I Homes Robert Schottenstein
upon being duly sworn, depose and state that this Petition for Special Assessments and Affidavit
(the "Petition") is, among other things, intended for the purpose of stating facts relating to the
happening of any condition or event that may create an interest or estate in the Property; and
WHEREAS, the Property Owners acknowledge that, in connection with the development of a
substantial portion of the Property, the City of Dublin, Ohio (the "City") and Edwards Golf
Communities LLC previously entered into a Development Agreement dated August 14, 2000 (the
"Agreement") generally providing for the development of a substantial portion of the Property and
for the construction of various related public infrastructure improvements; and
WHEREAS, the Agreement provided that the City would design and construct, or cause to be
designed and constructed, a portion of those public infrastructure improvements which included
Woerner Temple Road from Avery Road to Eiterman Road and Eiterman Road from a point 250
1
' 'f
feet south of Woerner Temple Road north to Shier-Rings Road, including all related intersection
improvements, utilities (including but not limited to water lines along such roadway improvements),
tunnels and related appurtenances thereto (which public infrastructure improvements are• more
specifically described on Exhibit B attached hereto and by reference made a part hereof and referred
to herein as the "Improvements"); and
WxExEAS, the City, by passage of Ordinance No. 43-01 on April 2, 2001, has heretofore
determined the necessity of the Improvements and authorized the construction of the Improvements,
which construction has heretofore commenced; and
WxExEAS, the Agreement further provided that a portion of the actual cost of the
Improvements would be assessed against certain real property described in the Agreement; and
WxExEAS, the Property Owners hereby petition the City for the construction of the
Improvements and further, that $1,666,667 of the cost of those Improvements be assessed against
the Property, provided that such assessment may be increased to include any amount necessary to
reflect any financing costs incurred by the City in connection with the issuance by the City of notes
or bonds in anticipation of the collection of the special assessments; and
WxExEAS, the Property Owners acknowledge and agree that the Property includes all of the
real property to be assessed pursuant to the Agreement and certain additional real property which
shall benefit from the construction of the Improvements; and
WxExEE.as, the Authorized Representatives, on behalf of the respective Property Owners,
further depose and state that this Petition and actions provided for herein impose burdens and
obligations upon the Property and provides for special assessments to be levied upon that Property
in accordance with this Petition, and that the Petition is available for inspection at the Office of the
Clerk of Council of the City;
Now, TxExEFOttE, the Property Owners hereby petition the Council of the City of Dublin,
Ohio as follows:
1. Speciat Assessments The Property Owners state that they are owners of at least 75% of
the Property (as described in Exhibit A). Acting pursuant to Chapter 727, Ohio Revised Code, the
Property Owners petition the Council for the construction of the Improvements (as described in
Exhibit B), and in consideration for the construction of those Improvements, agree that no property,
other than the Property, will receive special benefits from the construction of the Improvements, and
agrees that the Property will receive special benefits from the construction of the Improvements, and
respectfully request that $1,666,667 of the actual costs of the Improvements be assessed upon their
lots and lands therefor in proportion to the benefits to the Property, all pursuant to a method to be
determined by Council and consistent with Exhibit C attached hereto and by reference made a part
hereof. Provided, however, to the extent the Property Owners, or their respective grantees or other
successors with respect to the Property, do not pay the special assessments as levied in the time
period provided for by Ohio law, the Property Owners acknowledge and agree that the City may,
in accordance with Ohio law, issue notes or bonds in anticipation of the collection of those
unpaid special assessments. The Property Owners further agree that in accordance with Ohio
i
period provided for by Ohio law, the Property Owners acknowledge and agree that the City may,
` in accordance with Ohio law, issue notes or bonds in anticipation of the collection of those
unpaid special assessments. The Property Owners further agree that in accordance with Ohio
law, the City may increase those unpaid special assessments by an amount necessary to reflect
any financing costs, including but not limited to, interest and issuance expenses.
2. Duration of Special Assessments. The Property Owners hereby request and agree that
the special assessments and the interest thereon be payable in twenty (20) annual installments of
principal and interest (each annual installment to be payable semi-annually at the time real estate
taxes in Franklin County, Ohio are payable), that the interest on the special assessments be
computed at the same interest rate applicable to the notes or bonds to be issued by the City in
anticipation of collection of the special assessments, and that the annual amounts for principal and
interest be computed utilizing a methodology which produces the same amount, or approximately
the same amount, each year. The Property Owners hereby request that the special assessments and
interest thereon not be certified to the County Auditor for collection any earlier than September of
2001 which will result in a first collection of the special assessments and interest in 2002. The
Property Owners acknowledge and agree that any additional interest costs resulting from delaying
that certification until not earlier than September 2001 will be capitalized and included in the cost of
the Improvements.
3. Payment of Special Assessments. In consideration of the Improvements, the Property
Owners, individually and collectively for themselves and their grantees or other successors with
respect to the Property, agree to pay promptly all special assessments levied against the lots and
lands which collectively constitute the Property as they become due, and agree that the
determination by the Council of the special assessments in accordance with the terms hereof will be
final, conclusive and binding upon the Property Owners and the Property. In further consideration
of the Improvements, the Property Owners covenant and agree to disclose, upon the transfer of the
Property or any portion of the Property to be specially assessed for the cost of the Improvements, in
the deed to the transferee the existence of any outstanding special assessment for the Improvements
and to require that transferee to covenant to disclose that information in any subsequent deed to any
transferee so long as such special assessments remain unpaid. As a condition to each subsequent
transfer while such special assessments remain unpaid, the Property Owners further covenant and
I` agree to provide expressly in the deed to any transferee (a) for the acquisition by such transferee of
the Property subject to any outstanding special assessment and such transferee's assumption of
responsibility for payment thereof and for the waiver by such transferee of any rights that the
undersigned have waived pursuant to this Petition and (b) the requirement that each transferee from
time to time of the Property covenant to include in the deed to any subsequent transferee the
conditions described in clause (a) so long as such special assessments remain unpaid.
4. Action by Council The Property Owners, for their successors and assigns, further
consent and request that all legislation required to be enacted to permit the Improvements to
commence immediately be enacted at one Council meeting.
S. Waivers The Property Owners, individually and collectively, consent and request that
these special assessments be levied and collected without limitation as to the value of the property
assessed, and waive all the following relating to the Improvements and the special assessments:
Y
~
(a) any and all rights, benefits and privileges specified by Sections 727.03
and 727.06 of the Revised Code or by any other provision restricting these special
assessments to 33-1/3% of the actual improved value of the lots and lands as
enhanced by the Improvements to be made;
(b) any and all rights, benefits and privileges specified by Section 727.04 of
the Revised Code or by any other provision limiting special assessments for
reimprovement when a special assessment has been levied and paid previously;
(c) any and all damages or claims for damages of whatsoever kind, character
or description resulting from the Improvements or the making of the Improvements,
including but not limited to all rights, benefits and privileges specified by Sections
727.18 through 727.22 and Section 727.43 of the Revised Code;
(d) any and all resolutions, ordinances and notices required for the making
of the Improvements, including the notice of the adoption of the resolution of
necessity and the filing of estimated special assessments, the equalization of the
estimated special assessments, any increase in the cost of labor and materials over
the estimated cost, and the passage of the assessing ordinance, including but not
limited to notices authorized and required by Sections 727.13, 727.16, 727.17,
727.24 and 727.26 of the Revised Code;
(e) any opportunity to make payment of the special assessments within 30
days of passage of the assessing ordinance as provided by Section 727.30 of the
Revised Code; and
(f) any and all irregularities and defects in the proceedings.
6. Notices. Notices may be provided to the Property Owners as follows:
(a) Edwards at:
Edwards Golf Communities LLC
500 South Front Street
Suite 770
Columbus, Ohio 43215-7619
Attention: Deborah Rurik-Goodwin
(b) Thomas at:
5510 Classic Court
Dublin, Ohio 43017
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,
(c) Thomas Trust at:
Dorothy Thomas
5494 Cara Court,
Dublin, Ohio 43016
and
National City Bank
155 East Broad Street
Columbus, Ohio 43251
Attention: Gary Moreland
(d) Jay Liggett at:
6315 Meaghan Drive
Dublin, Ohio 43106
(e) Margarett Liggett at:
6315 Meaghan Drive
Dublin, Ohio 43106
(fl M/I Homes at:
3 Easton Oval
Suite 500
Columbus, Ohio 43219
Attention: Robert Schottenstein
(The Space Intentionally Left Blank)
5
IN WITNESS WHEREOF, the Property Owners have caused this Petition to be duly
' executed in their respective names, all as of the date hereinbefore written.
Signed and acknowledged EDWARDS GOLF COMMUNITIES, LLC
in the p esence of:
Printed: Peter H. Edwazds
i
/1~~~~~~~ Title: Chairman
~ Witnesses as to Edwards
STATE OF OHIO )
SS:
COUNTY OF FRANKLIN )
On this ~7 day of September, 2001, before me a Notary Public personally appeazed
Peter H. Edwards, the Chairman of Edwards Golf Communities, LLC, and acknowledged the
execution of the foregoing instrument, and that the same is his voluntary act and deed on behalf of
Edwards Golf Communities, LLC and the voluntary act and deed of Edwards Golf Communities,
LLC.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the date and year aforesaid.
Notary Public
O'C,P~"(L
~ s
~~2 ~ ~
~ KENI?RA M. GILGER
• b tJntary uuh~ic State of Ohb
~ ~ Ccn~missfon expires 10-25-01
,I
,~T~'~F..~F ~~~~rrc
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IN WITNESS WHEREOF, the Property Owners have caused this Petition to be duly
executed in their respective names, all as of the date hereinbefore written.
Signed and acknowledged
in the presence of: WILLIAM M. THOMAS, JR. A /
ROBERT T. THOMAS
~ B ~
y~
err Witnesses to Thomas
STATE OF OHIO )
SS:
COUNTY OF FRANKLIN )
On this ~ day of September, 2001, before me a Notary Public personally appeazed
William M. Thomas, Jr., and acknowledged the execution of the foregoing instrument, and that the
same is his voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the date and yeaz aforesaid.
Notes s~
STATE OF OHIO ) ? 2'~ LARRY L. GOODWIN
~ a
~ Notary PubNc, State of Ohio
? My Commission Expires 12-11-04
COUNTY OF FRANKLIN ) ~•~~9~'~.~,•''
.,TF OF 0.
On this ~ day of September, 2001, before me a Notary Public personally appeazed
Robert T. Thomas, and acknowledged the execution of the foregoing instrument, and that the same
is his voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the date and yeaz aforesaid.
Notary Pu is
s°'(P`R~A~ S 's
'-z~~~(I~/`~9<~ LARRY L.GOODWIN
• _ Notary Public, State of Ohio
V : My Commission Expires 12-11-04
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,1 ~
IN WITNESS WHEREOF, the Property Owners have caused this Petition to be duly executed
in their respective names, all as of the date hereinbefore written.
Signed and acknowledged
in the presence of: DOROTHY THOMAS, AS TRUSTEE FOR THE
WILLIAM MARVIN THOMAS TRUST
BY~
NATIONAL CITY BANK, AS TRUSTEE FOR THE
e~ WII.L MARVIN THOMAS TRUST
~rirr ~
b;h~c..:~ ~ B
Wi s as Thomas Trust
~11L ~ ~ ` ~~~~y'~'rinted: ~ -L
Title. - y0 -
STATE OF OHIO ) '
SS:
COUNTY OF FRANKLIN )
On this day of September, 2001, before me a Notary Public personally appeared
Dorothy Thomas, and acknowledged the execution of the foregoing instrument, and that the same is her
voluntary act and deed as trustee and on behalf of the William Marvin Thomas Trust and the voluntary
act and deed of the William Marvin Thomas Trust.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on
the date and year aforesaid.
a„..,.„na...
~ S~
Nota TARRY L. GOODIMN
STATE OF OHIO ) { i• ' ' Notary Public, state of Ohio
~S;P~ .`err My Commission Expires 12.11-04
) SS: ''~TF OF
COUNTY OF FRANKLIN )
On this % r day of Sep,~ember, 2001, before me a Notary Public personally appeared Gary
Moreland, the,Q cSd; , c t ~
~f National City Bank, and acknowledged the execution of the
foregoing instrument, and that the same is his/her voluntary act and deed as trustee and on behalf of the
William Marvin Thomas Trust and the voluntary act and deed of the William Marvin Thomas Trust.
IN WITNESS WHEREOF, I have hereunto su 'bed my name and affixed my official seal on
the date and year aforesaid.
C-~-~-
Notary ubl c
`S
; El1.ING
'r~?',~u11//
~9f~ SUZANNE E1
f Nota~Y Public, State ai Ohio
< f M~ Commission Expires Dec. 27 2004
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;
IN WITNESS WHEREOF, the Property Owners have caused this Petition to be duly
executed in their respective names, all as of the date hereinbefore written.
' Signed and acknowledged
lri the presence of: JAY W. LIGGETT, AS TRUSTEE FOR THE
JAY W. LIGGETT TRUST y ~
l.~~Jl--- BY~ ~v~ 6~~
r~ ~
Witness as to Jay Liggett Trust
STATE OF OHIO )
SS:
COUNTY OF FRANKLIN )
On this day of September, 2001, before me a Notary Public personally appeared
Jay W. Liggett, and acknowledged the execution of the foregoing instrument, and that the same is
his voluntary act and deed as trustee and on behalf of the Jay W. Liggett Trust and the voluntary act
and deed of the Jay W. Liggett Trust.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the date and year aforesaid.
Notary Public
~ ~ HPt~~N~~~,
a~?~.~~1~~/'
~<ss
LARRY L. GOODVNN
Notary Public, State of Ohio
,,~~q;?~~`~--- My Commission Expires 12-11-04
,,.T~ of o~~~,.
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IN WITNESS WHEREOF, the Property Owners have caused this Petition to be duly
executed in their respective names, all as of the date hereinbefore written.
Signed and acknowledged
In the presence of: MARGARETT J. LIGGETT, AS TRUSTEE FOR THE
^ MARGARETT J. LIGGETT TRUST
l~'' 1~CJ.~ By~ ~ r
~ ~ ~y<
r-
Witnesses as to Mazgazett Liggett Tnist
STATE OF OHIO )
SS:
COUNTY OF FRANI{L1N )
On this day of September, 2001, before me a Notary Public personally appeared
Mazgazett J. Liggett, and acknowledged the execution of the foregoing instrument, and that the
same is her voluntary act and deed as trustee and on behalf of the Mazgazett J. Liggett Trust and the
voluntary act and deed of the Mazgazett J. Liggett Trust.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the date and yeaz aforesaid.
9` ~
Notary Publi
e p~....~....,..,.
aaO~PRIA~ S<<`,~o
LARRY L. GOODWIN
Notary Public, State of Ohio
N` ~ My Commission Expires 12-11-04
A ;'~~O'
.,~9T~,OF.,O~,~,
-10-
IN WITNESS WHEREOF, the Property Owners have caused this Petition to be duly
executed in their respective names, all as of the date hereinbefore written.
Signed and acknowledged NUI SCHOTTENSTEIN HOMES, INC.
in the presence of:
By:
Printed: ~ ' ~ '
Title: Q(~ici
Witnesses as to M/I Homes
STATE OF OHIO )
SS:
COUNTY OF FRANKLIN )
On this day o Sep ember, 2001, before me a Notazy Public personally appeazed
Robert Schottenstein, the of M/I Schottenstein Homes, Inc., and
acknowledged the execution of the foregoing instrument, and that the same is his/her voluntary act
and deed on behalf of M/I Schottenstein Homes, Inc. and the voluntary act and deed of the M/I
Schottenstein Homes, Inc.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the date and yeaz aforesaid.
Notazy
NOTARYP
B~C, SFAEE
~ OHlO
h1YCOMMISSION FxpIRES MAY 3, 2003
r..o+
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Exhibit A
Legal Description of the Property
The Property includes the following real property divided into various Subazeas
Subarea Parcel Number Property Owner(s)
1 274-000027 Edwazds
2 274-000237 Edwards
3 274-000295 Edwazds
4 274-000296 Jay Liggett Trust
5 274-000297~`~~- Thomas Trust
6 274-000300 Edwards
7 274-000306 Jay Liggett Trust
8 274-000309 Mazgazett Liggett Trust
9 274-000322 Kurt C. Proegler and Cazol
G. Proegler
10 274-000329 Thomas
11 274-000340 Edwazds
12 274-000341 Edwazds
13 274-000342 Edwazds
14 274-000343 Edwazds
15 274-000344 Edwazds
16 274-000345 Edwazds
17 274-000353 M/I~Homes
A-1
Legal Description of Parcel No. 274-000027
43.639 ACRES
Situated in the State of Ohio, County of Franklin, City of Dublin, Vrginia Military S rvey
Number 3453 ,being part of that tract of land conveyed to Edwards Golf Communities, by
deed of record in Instrument Number , (all references being to the records the
Recorder's Office, Franklin County, Ohio) and more particularly bounded and describ as
follows:
Beginning ,for reference, at a railroad spike found at the northwesterly comer o that
tract conveyed to City of Dublin, Ohio by deed of record in Instrument N ber
200001060004762.
thence South 03° 00' 12" East, with the westerly line of said Gty of Dublin, Ohio tr ct, a
distance of 50.64 feet to the True Point of Beginning for this description;
thence South 03° 00' 12" East, with the westerly line of said City of Dublin, Ohio ct, a
distance of 1075.85 feet to an iron pin found at the southwesterly comer thereof;
thence North 85° 41' S7" East, with the southerly line of said City of Dublin, Ohio ct, a
distance of 661.00 feet to a concrete post found at a northwesterly corner of that tract
conveyed to Anacleto Galli by deed of record in Instrument Number 200002220035230;
thence with the boundary of said Galli tract, the following courses and distances:
South 05° 12' S4" East, a distance of 545.92 feet to an iron pin found;
South OS° 03' 19" East, a distance of 1242.04 feet to an iron pin found; and
South 07° 23' 38" East, a distance of 348.33 feet to an iron pin set in the northerly ight-
of-way line of Woemer-Temple Road;
thence with said northerly right-of--way line, the following courses and distances:
with the arc of a curve to the right (Delta = 61° 27' 42", Radius = 242.84 feet) a hord
bearing and distance of North 60° 33' O5" West, 248.19 feet to an iron pin set;
North 29° 49' S6" West, a distance of 60.05 feet to an iron pin set at a p t of
curvature to the left; and
with the arc of said curve (Delta = 33° 25' 06", Radius = 302.84 feet) a chord b acing
and distance of North 46° ~2' 09"West, 174.14 feet to an iron pin set;
thence crossing said Edwards Golf Communities, LLC tract, the following tours and
distances:
North OS° 15' 38" West, a distance of 1155.58 feet to an iron pin set;
North 09° 40' 13" West, a distance of 85.00 feet to an iron pin set;
A-2
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' /
Legal Description of Parcel No. 274-000237
5.122 ACRES
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey Nu er 3453,
being all of that tract of land conveyed to Robert T. and Janell Thomas by deed of record In Insttume Number
199912290317622, (all references being to the records of the Recorder's Office, Franklin County, Ohio) d more
particularly bounded and described as follows:
`trr Beginning, for ref rence, at Frenltlin County Geodetic Survey Monument Number 8851 In the ce erline of
Rings Road;
thence North 84° 54' S3" West, with the said centerline, a distance of 1375.04 feet to a PK nail fo nd at the
True Point of Beginning for this description;
t+me
thence South 87.59' 44" Wesr, continuing with said centerline, a distance of 348.61 feet to a rnil ad spike
found at the southeasterly corner of that oract conveyed to Hometown Communities by deed of record i Official
Record 26778G02; r~
thence Notch OS° 46' 18" West, with the easterly line of said Hometown Communities tract, a d ance of
559.07 feet to an iron pin found at a comer of that tract conveyed to William M. Jr. and Robett T. Thom by deed
of record in Deed Book 3651, Page 190;
thence with the boudary of said Thomas tract the fotlowin¢ courses and distance:
North 84° 13' 42" East, a distance of 466.07 feet to an iron pin found;
South OS° 46' 18" East, a distance of 177.67 feet to an iron pin found;
South 84° 13' 42" West, a dlstanct of 137.92 feet to an iron pin found;
South 05° 43' S 1" East, a distance of 404.11 feet ro the True Point of Beginning, eontainlnY 8.12 acres of
land, more or less, 0.240 acre of which fatly within the presently occupied right•of•-way of Rinds Road.
Subject, however, to alt legal rlghes-ofways and/or casements, if any, of previous record.
Bearings for this description are based on the Ohio State Plane Coordinate System az per NAD 83. Control
for bearings was tl'om coordinates of F.C.G.S. Monument Numbers 5536 and 7752, establishing a bearing f South
85° 44' 20" East between said Monuments.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
1~
1~,,~,-i;. ~,~h 31.7'-~ co
Matthew A. Kirk
t.~ ReYistered Surveyor No. 7865
MAK:k~unc00
~ - 110-~' S~cPtE OF py/0
~r
MATTHEW A
KIRK
~ Baas ~
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Ensl e•r
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A-3
Legal Description of Parcel No. 274-000295
P.3i5
75.154 ACRES
-2-
e•~
thence North 84° 54' S3" west, with the centerline of said Rings Road, a dicta a of
1034.73 to a mag nail set;
~r
thence across said Edwards Golf Communities LLC tract, the following courses:
North 05' OS' 07" East, a distance of 265.00 feet to an iron pin set;
North 84° 54' 53" West, parallel to the centerline of said Rings Road, a distance of 2.77
feet to an iron pin set;
North 05° 46' 18" West, a distance of 555.07 feet to an iron pin set;
North 84° 13' 42" East, a distance of 129.43 feet to an iron pin set;
North 79° 53' S4" East, a distance of 50.00 feet to an iron pin set;
with a curve to the right, having a central angle of 04° 19' 48" and a radius of 0.00
feet, a chord bearing and distance of South 07° 56' 12" East, 18.89 feet to an iron pin set,
South 50° 46' 18" East, a distance of 35.36 feet to an iron pin set;
North 84° 13' 42" East, a distance of 403.96 feet to an iron pin set at a po t of
curvature;
with a curve to the right, having a central angle of 86° 00' S8" and a radius of 0.00
feet, a chord bearing and distance of South 52° 45' 49" East, 341.05 feet to an iron pin se
North 85° 28' 08" East, a distance of 166.04 feet to an iron pin set in a westerly I e of
that trail as conveyed to Rockford Homes, Inc. of record in Instrument N ber
200008080158120, the easterly line of said Edwards Golf Communities, LLC tract;
thence South 04° 31' S2" East, with said westerly and easterly lines and wi the
r.o.. westerly line of said Ftrsimmons tract, a distance of 742.13 feet to the Point of Beginnin and
containing 19.499 acres of land, more or less, inclusive of the present right-of-way hick
occupies 0.711 acre.
Subject, however, to all legal rights-of-ways andJor easements, if any, of p ious ~
record.
Iron pins set, where indicated, are iron pipes, thirteen-sixteenth (13/16) inch side r.rr
diameter, thirty (30) inches long with a plastic plug placed in the top bearing the itials
EMH&T, INC.
Bearings are based on the Ohio State Plane Coordinate System as per NAD83. Con I for
bearings was from coordinates of FOGS Monument Nos 5536 and 7752, having a bea g of
South 85° 44 20 East between monuments, established by the Franklin County Engin ring
Department, using Global Positioning System procedures and equipment.
Mpl(:bJk/5ept Ol
A-4
75.154 ACRES
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military rvey
Number 3453, being all of that tract of land conveyed to William M. Jr and Robert T. Tho s by
deed of record in Deed Book 3651, Page 190, (all references being to the records the
Recorder's Office, Franklin County, Ohio) and more particularly bounded and descri d as
follows:
i
Beginning at Franklin County Geodetic Survey Monument Number 8851 in the cen rline
of Rings Road;
thence North 84° 54' S3" West, with said centerline, a distance of 1375.04 feet t a PK
nail found at a southeasterly comer of that trace conveyed to Robert T. and Janell Thom s by
deed of record in Instrument Number 199912290317622;
thence with the boundary of said Thomas tract the following courses and distances
North 05° 43' S2" West, a distance of 404.11 feet to an iron pin found;
North 84° 13' 42" East, a distance of 137.92 feet to an iron pin found;
North 05' 46' 18" West, a distance of 177.87 feet to an iron pin found; and
South 84° 13' 42" West, a distance of 486.07 feet to an iron pin found in the ea erfy
line of that tract conveyed to Hometown Communities by deed of record in Official R cord
26778G02;
thence North 05° 46' 18" West, with said easterly line, a distance of 1361.19 feet an
iron pin found at the southwesterly comer of that tract conveyed to Swickard Enterpris Inc.
by deed of record in Official Record 16313J14:
thence North 85° 13' 49" East, with the southerly line of said Swickard Enterpris Inc.
tract, a distance of 1745.58 feet to an iron pir~ pound at a northwesterly comer of that tract
conveyed to Mid-State Development Corp. by deed of record in Official Record 14649J07;
thence South 04° 31' 52" East, with a westerly line of said Mid-State Development orp.
tract and the westerly line of that tract conveyed to John P Fitzsimmons by deed of rec in
Official Record 7316I09, a distance of 2172.16 feet to the Point of Beginning, containing 7 .154
acres of land, more or less, 0.947 acre of which falls within the presently occupied right-o way
of Rings Road.
Excepting there from the following parcel:
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military S rvey
No. 3453 and being out of that 75.154 acre trail as conveyed to Edwards Golf Commu ties,
LLC of record in Instrument Number 200009290198491, (all references refer to the reco s of
the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning at Franklin County Geodetic Survey Monument No. 8851 found i the
centerline of Rings Road, said monument marking the southwesterly comer of that tr as
conveyed to John P. Fitzsimmons of record in Official Record 7316I09, the southeasterly c mer
of said Edwards Golf Communities, LLC tract;
Legal Description of Parcel No. 274-000296
SEP 17 '01 12.51PM EMH&T P Si17
0~2ZZ ACRE
Situated in the State of Ohio, County of Franklin, City of bublin, Virginia Military Survey Number 695 being part
of char [tact of land conveyed to lay W. Liggett, by deed of record in Instrument Number 19990810023411, (a references
being ro the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 2210, located at th centerline
intersection of Cosgray Road and Woerner-Temple Road;
thence North OS° 01' S5" West, with the centerline of said Cosgray Road, a distance of 638.18 feet to a m nail set at
the northwesterly corner of that tract conveyed to lay W, Liggz;: by deed of record on Official Record 1 I937C1 ,the True
Point of Beginning for this description;
thence North OS° O 1' S5" West, continuing with said centerline, a distance of 44.00 feet to a mag nail set; ~
thence North 8a° 52' 14" East, crossing said Liggett tract (Instrument Number 19990810023411), a istance of
220.00 feet to an iron pin set; r.r
thence South OS' 01' S5" East, continuing across said Liggett tract (Instrument Number 1 9 9908 1 0023 4 1 1 a distance
of 44.00 feet to an iron pin sat in a northerly line of that tract conveyed to Marianna B, buck, Trustee by deed record in
Instrument Number 200003170052488;
thence South 84° 52' 14" West, with said northerly lint, a distance of 220.00 feet to the Point of eginning,
containing 0.222 acre of land, more or less, 0.030 acre of which falls within the presently occupied right-of--way f Cose,,ray
Road.
Subject, however, to all legal rights-of--ways and/or easements, if any, of prc~ious record.
$eazings for this description are based ort the Ohio State Plane Coordinate System as per NAD 83. ontrol for
bearings was from coordinates of F.C.C.S. Monument Numbers 5536 and '7752, establishing a bearing of South 8 ° 44' 20"
East between said Monuments.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
'rn.~,~,.I' 0. ~Lh (c 5er' c0
Matthew A. Kirk
Registered Surveyor No. 7865
MAK:km/sept00
ilO~j3 S~PtEOFOy~
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MA
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~ 7865
~0~ ,iEC~tTERcp ~y0
~sS~CNAL S~~zJ raadt
PRELIMINARY
APPROVAL
FRANKLIN COUNTY
ENG NEERiNG DEPT.
DAVE: 5 ~3 00 2Y:
A-5
Legal Description of Parcel No.274-000297
8.171 ACRCS
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Milita Survey
Number 6953, being part of that tract of land conveyed to Richard O. Wiseman by dced of ccord in
Official Record 132801x08, (all references being to the records of the Recorder's Office, Franklin
County, Ohio) and more particularly bounded and described as follows:
Beginning, for reference, at an iron pin set at the notthwcstcrly corner of Lot _ of the
subdivision entitled "Wilbur and Gmma Cramer's first ndilition to the Village of Amlin" f record
in Plat Book 10, Page 98.
thence North 06° 35' 25" West, with the easterly line of that tract conveyed to Jay .Liggett
by deed of record in Deed Book 2547, Page 303, a distance of 1071.62 feet to an iron pin fou
thence Suuth 84° 49' 24" West, with the northerly line of said Liggett tract, a di lance of
598.33 feet to an iron pin scl at the True Point of Beginning for this description;
thence South 84° 49' 24" West, wish said northerly line, a distance of 1061.51 feet t an iron
pin found in the easterly right-of--way littc of the Conrail Railroad;
thence North 39° 16' 17" West, with said easterly right-of--way line, a distance of 340. 4 feet to
a railroad spike found in the centerline of Cosgray Road;
lhencc North OS° 29' 31" West, with said ccntcrlinc, a distance of 68.76 feet to a rails d spike
found at the soutltwcsterly corner of Parcel 2 of that tract conveyed to Shookuh B. Koozek anal by
dced of record in Dced Book 3650, Page 765;
thence North 84° 49' 24" East, with the southerly line of said Parcel 2, a distance of 9 .39 feet
to an iron pin set;
tltcnce Soutlt 47° SO' 47" Gast, crossing sai:: Wiseman tract, 477.39 feet to the True Point ol~
Beginning, co»taining 6.171 acres of land, more or less, 0-047 acre of which falls within the resently
occupied right-of--way of Cosgray Road.
f Subject, however, to all legal rights-of--ways and/or casements, if any, of previous rcco
Bearings For this description arc based on llte Ohio State Plane Coordinate System as r NAD
83. Control for bearings was from coordinates of P.C.G.S. Monument Numbers 5536 a d 7752,
establishing a bearing of Sottth 85° 44' 20" Cast between said Monuments.
rJ_ ~ EVANS, MECHWAR'I',1-IAMBLETON 8c TIL'fON, fN
A~~I ~C !M . ~A Q 22SE~' OV g'~P~E OFO~S/
~.Z~,~\ Matthow A. Kirk MATTHEWA
J egistered Surveyor No. 7865 ~ ~
MAK:kmh¢pt00 \U~~?• .•~erritruon ~ ~
' "fi^0 C~STEAF'
vean.,..igh, P.~., t?~•. mod.^t ~..Q.
Franklin County ^~'°t-
lsn sneer
Data:
A-6
tom.
Legal Description Parcel No. 274-000304
7.294 ACRRS
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Surv Number
6953, being part of Parecl 2 of that tract of land conveyed to Shookuh B. Koozekaaanai by deed o record in
Deed Dook 3650, Pagc 765, (all references being to the records of the Recorder's Office, Frankl 1 County,
Ohio) and more particularly bounded and described as follows:
Begimting, for reference, at Franklin County Geodetic Survey Monument Number 00 9, at the
centerliue intersection of Rings Road and Cosgray Road;
thence North OS° 29' 31" West, with the centerline of said Cosgray Road, a distance of 1793, feet to a
railroad spike found arthe northwesterly corner of that tract conveyed to Richard O. Wiseman by dec of record
in Official Record 13280G08 at the True Point of Beginning for this description;
thence North OS° 29' 3 I" West, continuing with said centerline, a distance of 441.24 feet to mag nail
set
thence crossing said Varcel 2, the following courses and distances:
North 84° 30' 29" East, a distance of 50.00 feet to an iron pin set
North 39° 30' 29" Last, a distance of 49.50 feet to an iron pin set;
North 84° 3U' 29" Cast, a distance of 23.62 feet to an iron pin set at a point of curvature to the fight;
with the arc of said curve (Delta = 47° 38' 44", Radius = 8(5.00 feet) a chord bearing and stance of
South 71° 40' 09" East, 698.76 feet to an iron pin set; and
South 47° SO' 47" East, a distance of 269.44 feet ;o an iron pin set in tltc northerly line of said Wiseman
If:ICt
thence South 84° 49' 24" West, with said nolllterly line, a distance of 929.39 feet to the Tru Point of
Beginning, containing 7.294 acres of land, more or less, 0.304 acre of which falls within the presenU occupied
right-of--way of Cosgray Road.
Subject, however, to all legal rights-of--ways and/or easements, if any, of previous record.
Bearings for this description arc based on the Ohio State Plane Coordinate System as per AD 83.
Control for bearings was from coordiuatcs of F.C.G.S. Monument Numbers 553G and 7752, esta lishinb a
bearing of South 85° 44' 20" East belweeit said Monuments.
,7 _ ~ J0_~ EVANS. MLCI-IWART, I•IAMBLC•TON & TILTON, INC.
~~1~ ~ e,5 , gV1.ot1(1,,,,- z2 S~ P a p aurfi
d U`1' Matthew A_ Kirk ZE pF~
)~~S.ccs~ Registered Surveyor No. 7865 SAP
MnK:kuJjuly(~tl I T ~TM~IA
~ ~ KIRK ~
i ~ Uoscription 1fj65
i"" Verified ~
Bean Rini Ig, ~rSTER
~ n~, P;9.
Franklin Cour;ty ss/C~IAL~
ingineor
Dato:
Legal Description of Parcel No.274-000300
102.978 ACRES
Situated in the State of Ohio, County of Franklin, Gty of Dublin, Yrginia Military Su ey
Numbers 3453 and 6953, being part of that tract of land conveyed to Edwards olf
Communities, LLC by deed of record in Instrument Number (all refere es
being to the records of the Recorder's Office, Franklin County, Ohio) and more particu rly
bounded and described as follows:
'~Irr
Beginning for reference, at Franklin County Geodetic Survey Monument Number 553 at
the norlfieasterly comer of Lot 1 of the subdivision entitled "Oak-Shier Estates" of record in lot
Book 45, Page 120, in the centerline of Shier-Rings Road;
thence 04° 07' 41" East, with the easterly line of said Lot 1, a distance of 30.00 feet a
point on the southerly right-of-way line of said Shier Rings Road;
thence North 85° 44' 20" East, with said southerly right-of-way line, a dlstanc of
1107.98 feet to an angle point;
thence North 85° 41' S7" East, continuing with said southerly right-of-way, a distan of
837.78 feet to a point
thence leaving said southerly right-of-way line, the following courses and distances;
thence South 04° 18' 03" East, a distance of 180.00 feet to a point;
North 85° 41' S7" East, a distance of 160.00 feet to a point;
South 04° 18' 03" East, a distance of 265.00 feet to a point;
South 67° 58' 19" West, a distance of 750.47feet to a point of curvature to the left;
with the arc of said curve (Delta = 159° 54' 00", Radius = 75.00 feet) a chord be ring
and distance of South 11° 58' 41" East, 147.70 feet to a point;
North 88° 04' 19" East, a distance of 476.64 feet to a point;
South 04° 18' 03" East, a distance of 280.00 feet to a point;
South 19° 41' S5" West, a distance of 481.79 feet to a point;
South O1° 38' 14" West, a distance of 260.00 feet to a point on the arc of a curve the
right; ~w
with the arc of said curve (Delta = 05° 04' S0", Radius = 1235.00 feet) a chord ring
and distance of South 28° 53' 06" East, 109.47 feat to an iron pin set; r~
South 05° 40' 46"East, a distance of 287.68 feet to an iron pin set;
A-7
102.978 ACRES
-2-
with the arc of said curve (Delta = 18° 27' 40", Radius = 1165.00 feet) a chord bea "ng
and distance of North 22° 13' Ol" West, 373.75 feet to a point;
North 31° 25' 32" West, a distance of 788.60 feet to a point of curvature to the right
with the arc of said curve (Delta = 13° 41' 07", Radius = 1535.00 feet) a chord be 'ng
and distance of North 24° 48' 29" West, 353.80 feet to a point;
South 27° 52' 12" West, a distance of 180.00 feet to a point;
South 69° 20' 02" West, a distance of 175.00 feet to a point;
South 22° 29' 26" East, a distance of 151.82 feet to a point;
South 05' 14' S7" East, a distance of 180.00 feet to a point;
South 30° 30' 17" West, a distance of 154.03 feet to a point;
South 70° 42' S3" West, a distance of iZ3.69 feet to a point;
South 40° 43' 05" West, a distance of 235.00 feet to a point;
South 72° 31' 09" West, a distance of 185.00 feet to a point;
North 83° 46' 13" West, a distance of 145.00 feet to a point;
North 59° 47' 16" West, a distance of 150.00 feet to a point;
North 35° 37' 41" West, a distance of 170.00 feet to a point;
North 19° 36' 38" West, a distance of 380.00 feet to a point;
North 05° 14' S7" West, a distance of 107.25 feet to a point;
South 84° 45' 03" West, a distance of 91.60 feet to a point;
South 64° 04' O1" West, a distance of 164.88 feet to a point;
South 40° il' 44" West, a distance of 164.93 feet to a point;
South 18° 17' 34" West, a distance of 166.17 feet to a point;
South OS° Ol' S5" East, a distance of 581.69 feet to a point; and
South 84° 52' 14" West, a distance of 200.00 feet to a point at;
North 05° Ol' S5" West, a distance of 44.00 feet to a point; ,,,,,y
South 84° 52' 14" West, a distance of 220.00 feet to a point;
North 05° 01' S5" West, a distance of 1218.11 feet a point;
i
North 84° 45' 03" East, a distance of 2267.76 feet to a point; and
North 04° 07' 41" West, a distance of 603.59 feet to the True Point of Begin ing,
containing 102.978 acres of land, more or less.
Bearings for this description are based on the Ohio State Plane Coordinate Syste as
per NAD83. Control for bearings was from coordinates of Monuments 5536 and 7752, hav g a
bearing of South 8S° 44' 20" East, between said monuments, established by the Franklin C my
Engineering Department.
MAK:bJk/sept0l
AI
Legal Description of Parcel No. 274-000306
0.977 ACRE
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Mil ry
Survey Number 6953, being all of that tract of land conveyed to Jay W. Liggett, by dee of
record in Official Record 11937C14, (all references being to the records of the Recor is
Office, Franklin County, Ohio) and more particularly bounded and described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 2 l0,
located at the centerline intersection of Cosgray Road and Woerner-'temple Road;
thence North OS° O1' S5" West, with the centerline of said Cosgray Road, a distane of
425.38 feet to a mag nail set at a northwesterly corner of that tract conveyed to Mariann B.
Buck, Trustee by deed of record on Instrument Number 200003170052488 at the True Poin of
Beginning for this description; ~
thence North OS° Ol' S5" West, continuing with said centerline, a distance of 2!2.80 et
to a mag nail set at the southwesterly comer of that tract conveyed to Jay W. Liggett by dee of rr.
record in Instrument Number 1 99908 1 00234 1 1;
thence North 84° 52' 14" East, with the southerly line of said Liggett tract, a distant of
200.00 feet to an iron pin found at a northwesterly corner of said Bttek tract;
thence South 05° Ol' S5" East, with a westerly line of said Buck tract, a distance f
212.80 feet to an iron pin set a comer thereof;
thence Sottth 84° 52' 14" West, with a northerly line of said $uck tract, a distance f
200.00 fctt to the True Point of Hcginning, containing 0.977 acres of land, more or less, 0.1 6
acre of which falls within the presently occupied right-of--way of Cosgray Road.
Subject, however, to all legal rights-of--ways and/or easements, if any, of previous recor .
Bearings for this description are based on the Ohio State plant Coordinate System as r
NAD 83. Control for bearings was from coordinates of F.C.G.S. Monument Numbers 5536 d
7752, establishing a bearing of South 85° 44' 20" East between said Monuments.
L-VANS, MECHW~ALRT, HAMBLETON & TILTON, IN ,
Matthew A. Kirk
Registered Surveyor No. 7865 y~pYE OF p~~
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A-8
Legal Description of Parcel No. 274-000309
1.943 ACRES
Situated in the State of Ohio, County of Franklin, City of publin, Virginia Military Survey Number 53,
being part of that tract of land conveyed to Marianna 8. Buck, Trustee, by deed of record in Instrument Nu ber
tae 200003170052488, (alt references being to the records of the Recorder's Office, Franklin County, Ohio) and ore
particularly bounded and described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 2210 located a the
Lr centerline intersection of Cosgray Road and Woemer-Temple Road;
thence North OS° 01' S5" Wtst, with the centerline of said Cosgray Road, a distance of 335.38 feet o a
mag nail set at the True Point of Beginning for this description;
thence Noth OS° O1' S5" West, continuing with said centerline, a distance of 90.00 feet to a mag nail s t at
the southwesterly comer of that tract conveyed to Jay W. Liggett, by deed of record in Official Record 11937C 1
w
thence North Bd° 52' 14" East, with the southerly line of said Liggett tract, a distance of 200.00 feet t an
iron pin set at a comer thereof;
thence North OS° 01' S5" West, with the easterly line of said Liggett tract, a distance of 212.80 feet t an
iron pin found in the southerly line of that tract conveyed to Jay W. Liggett by deed of record in Instrument Nu er
19990810023411;
thence North 84° 52' 14" Fast, with said southerly line, a distance of 220.00 feet to an iron pin set;
thence South OS° O I' 55" East, crossing said Suck tract, a distance of 302.60 feet to an iron pin set;
thence South 84° 52' l4" West, continuing across said Buck tract, a distance of 420.00 Ctet to the T e
Point of Beginning, containing 1.943 acres of land, more or less, 0.062 acre of which falls within the prese ly
occupied right-of--way of Cosgray Road.
Subject, however, to all legal rights•of--ways and/or easements, if any, of previous record.
Bearings for this description are based on the Ohio State Plane Coordinate System as per NAD 83. Cont I
for bearings was from coordinates of F.C_G.S. Monument Numbers 5536 and 7752, establishing a bearing of So h
85° 44' 20" East between said Monuments.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Matthew A, Kirk
i~r Registered Surveyor No. 7865
MAK.knVjuly00 b _ I I ~ _ ~ S.~p?E OF py~
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~ U? ~ MATTHEW q
~ KIRK
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A-9
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Legal Description at' Parcel No. 271-000322
4.246 ACRES
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia ilitazy
Survey Number 3453, being all of that tract of land conveyed to Kurt C. and Carol G. oegler
by deed of record in Official Record 537113, (all references being to the records of the
Recorder's Office, Franklin County, Ohio) and more particularly bounded and descr ed as
follows:
'~.r. Beginning at Franklin County Geodesic Survey Monument Number 6630 the
centerline of Woerner-Temple Road,
thence South 04' 46' 44" East, with the westerly line of that tract conveyed to S ickazd
Enterprises, Inc. by deed of record in Official Record 16313J14, a distance of 551.55 fe to an
iron pin found at a northeasterly comer of that tract conveyed to Jim Moro by deed of re ord in
Official Record 10928C10;
thence South 82° 28' 39'' West, with a northerly line of said IVioro tract, a dist ce of
339.92 feet to an iron pin found at a corner thereof;
thence North 03° 11° 10" West, with a easterly line of said Moro tract, , a dist ce of
564.51 feet to a mag nail set in the centerline of Woerner-Temple Road;
thence North 84° 35' 46" East, with said centerline, a distance of 323.85 feet to th Point
of Beginning, containing 4.246 acres of land, more or less, 0.223 acre of which falls wit the
presently occupied right-of--way of Woerner-Temple Road.
Subject, however, to all legal rights-of--ways and/or easements, if any, of previous r ord.
Bearings for this description aze based on the Ohio State Plane Coordinate System per
NAD 83. Control for bearings w•as from coordinates of F.C.G.S. Monument Numbers 553 and
7752, establishing a beazing of South 85° 44' 20" East between said Monuments.
EVANS, MECHWART, HAM$LETON & TILTON, C.
~r~~ a.~L~ 3G nv~ X40
Matthew A. Kirk
Registered Surveyor No. 7865
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A-10
Legal Description of Parcel No. 274-000329
11.100 ACRES
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Mil y
Survey Number 6953, being part of Parcel 2 of that tract of land conveyed to Shook B.
Kooaekananai by decd of record in Deed Book 3650, Page 765, (all references being t the
~r records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and
described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 49,
at the centerline intersection of Cosgray Rvad and Rings Road;
thence North OS° 29' 3l" West, with said centerline of Cosgray Road, a distan of
2374.88 feet to a mag nail set at the Ttue Foint of Beginning for this description;
thence North OS° 29' 31" West, continuing with said centerline, a distance of 160.0 feet
to a mag nail set;
thence crossing said Pazce12, the following courses and distances:
North 84° 30' 29" East,. a distance of 370.00 feet to an iron pin set;
North 74° 34' S4" East, a distance of 203.04 feet to an iron pin set;
North 53° 29' 30" East, a distance of 217.88 feet to an iron pin set;
North 37° 50' S9" East, a distance of 100.00 feet to an iron pin set;
South 39° 23' 06" East, a distance of 320.00 feet to att iron pin set;
South 56° 55' 26" East, a distance of 425.06 feet to an iron pin set;
South 42° 09' 13" West, a distance of 524.16 feet to an iron pin set;
North 47° 50' 47" West, a distance of 221.50 feet to an iron pin set at a point of cure tore
~ to the left;
with the arc of said curve (Delta = 47° 38' 44", Radius = 935.00 feet) a chord bearin and
distance of North 71 ° 40' 09" West, 755.31 feet to an iron pin set;
South 84° 30' 29" West, a distance of 23.62 feet to an iron pin set;
North SO° 29' 31" West, a distance of 49.50 feet to an iron pin set; and
A-11
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Legal Description of Parcel No. 274-000340
147.194 ACRES
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey Numb 3453
and 6953, being part of that tract of land conveyed to Edwards Golf Communities, LLC by deed of re rd in
Instxvment Number , (all references being to the records of the Recorder's Office, Franklin unty,
Ohio) and more particularly bounded and described as follows:
~ Beginning, for reference, at Franklin County Geodetic Survey Monument Number 6629 in the cente a of
Woerner-Temple Road;
E.
thence South OS° 24' 14" East, across said Roadway, a distance of 30.00 feet to an iron pin se in the
southerly right-of--way of said Woerner-Temple Road, being the True Point of Beginnins for this description;
thence North 84° 35' 46" East, with said southerly right-of--way, a distance of 702.73 feet to an iron in set;
thence across said Edwards Golf Communities tract, the following courses and distances:
South 02° 34' 47" West, a distance of 53.90 feet to an iron pin set;
South 03 ° 45' 37" Bast, a distance of 400.00 feet to an iron pin set;
South 09° 32' 28" East, a distance of 665.50 feet to an iron pin set;
North 84° 49' 24" East, a distance of 940.00 feet to an iron pin set on the arc of a curve to the right;
Northwesterly along the arc of said curve (Delta = 00° 33' 45", Right = 1935.00 feet) s chord be g and
distance of North 03 ° 02' 48" East, 19.00 feet to an iron pin set at a point of tangency;
North 03° 19' 41" East, a distance of 203.37 feet to anvrozt pin set;
South 6S° I S' 24" West, a distance of 140.00 feet to an iron pin set;
North 73° l9' OS" West, a distance of 200.00 feet to an iron pin set;
North 48° 42' 14" West, a distance of 45.00 feet to an iron pia set;
North 17° 2S' 25" West, a distance of 130.00 feet to an iron pin set;
South 63° 40' 42" West, a distance of 105.00 feet to an iron pin set;
South 89° O 1' 28" West, a distance of 105.00 feet to an iron pin set;
North 58° 37' 34" West, a distance of 110.00 feet to an iron pin set;
North 23 ° 26' 34" West, a distance of 110.00 feet to an iron pin set;
North 02° 55' 30" East, a distance of 220.00 feet to an iron pin set;
North 00° S8' 32" West, a distance of 260.00 feet to an iron pits set; and
North 09° Ol' 20" East, a distance of 97.25 feet to an iron pin set in the southerly right-of-wa of said
Woerner-Temple Road;
IF CeE~7't 1~tCy OUT ~-n 4 • OG~O
A-12
.M.~
Legal Description of Parcel No. 274-000341
40.923 ACRES
~ Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey Numb 6953,
being part of that tract of land conveyed to Edwards Golf Communities, LLC by deed of record in Ins ent
Number (all references beinb to the records of the Recorder's Office, Franklin County, O o) and
more particularly bounded and described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 2210 at the ce terline
intersection of Woeiner-Temple Road and Cosgray Road;
thence South OS° 29' 31" East, with the centerline of Cosgray Road, a distance of 30.00 feet to a g nail
set at the True Point of Beginning for this description;
thence North 84° 49' 49" East, with the southerly right-of--way of said Woemer-Temple Road, a dis ce of
527.26 feet to an iron pin set;
thence crossing said Edwards Golf Communities, LLC tract, the following courses and distances:
South 67° 07' 46" East, a distance of 18.36 fret to an iron pin set;
South 53° 35' 35" East, a distance of 135.00 feet to an iron pin set;
South 32° 34' 15" East, a distance of 130.00 feet to an iron pin set;
South 19° 10' 25" East, a distance of 135.00 feet to an iron pin set;
North 84° 30' 29" East, a distance of 560.00 feet to an 'von pin set;
North OS° 29' 31" West, a distance of 150.00 feet to an iron pin set;
North 84° 30' 29" East, a distance of 90.00 feet to an iron pin set; and
North OS° 29' 31" West, a distance of 190.97 feet to an iron pin set in the southerly right-of-way f said
Woerner-Temple Road;
thence North 84° 49' 49" East, with said right-of-~~ay line, a distance of 301.15 feet to an iron pin at a
~a? point of curvature of a curve to the right;
thence southeasterly continuing with said right-of--way Ilne, being with the arc of said curve (Deft = 23°
53' 23", Radius = 242.84 feet) a chord bearing and distance of South 83° 08' 06" East, 100.52 feet to an iron "n set;
Thence crossing said Edwards Golf Communities, LLC tract the following courses and distances:
South 30° 43' 44" West, a distance of 49.64 feet to an iron pin set;
South 27° 47' S3" East, a distance of 210.77 feet to an iron pin set;
South 11° 12' 09" East, a distance of 100.50 feet to an iron pin set;
South 00° 13' 07" West, a distance of 100.50 fees to an iron pin set;
South I S° 59' 04" West a distance of 201.02 feet to an iron pin set;
South 28° 33' S7" East, a di;tancc of 790.00 feet to an iron pin set;
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Legal Description of Parcel No. 274-000342
25.681 ACRES
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military urvey
Number 6953, being part of that tract of land conveyed to Edwards Golf Communities, LLC by eed of
I~ record in Instrument Number , (all references being to the records of the Recorder's ffice,
Franklin County, Ohio) and more particularly bounded and described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 221 at the
centerline intersection of Woerner-Temple Road; and Cosgray Road;
thence South OS° 29' 31" East, with the centerline of said Cosgray Road, a distance of 53.76
feet to a mag nail set at the True Point of Beginning for this description;
thence crossing said Edwards Golf Communities, LLC tract, the following courses and dis ces:
North 84° 30' 29" East, a distance of 50.00 feet to an iron pin set;
South 50° Z9' 31" East, a distance of 49.50 feet to an iron pin set;
North 84° 30' 12" East, a distance of 23.62 feet to an iron pin set at a point of curvatu of a
curve to the right;
Southeasterly along the arc of said curve (Delta = 47° 38' 44", Radius = 935.00 feet) chord
bearing and distance of South 71 ° 40' 09" East, 755,31 feet to an iron pin set at a point of tangency
South 47° 50' 47" East, a distance of 221.50 feet to an iron pin set;
North 42° 09' 13" East, a distance of 524.16 feet to an iron pin set;
South 56° 55' 26" East, a distance of 399.94 feet to an iron pin set; and
South 71° 33' S2" East, a distance of 600.00 feet to an iron pin set in the common tine b een
Virginia Military Survey Number 6953 and 3453;
thence South 06° 34' 07" East, with said common Virginia Military Survey line, a dista ce of
1256.01 feet to an iron pin set;
thence North 47° 50' 47" West, with an easterly line of that tract conveyed to Jay W. Lig tt by
deeds of record in Deed Book 2547, Page 303 and Instrument Number , a dista ce of
1298.31 feet to an iron pin set at a comer thereof;
thence South 84° 49' 24" West, with a northerly line of said Liggett tract, a distance of 95. feet
to an iron pin set;
thence crossing said Edwazds Golf Communities, LLC tract, the following coupes and di ces:
North 47° 50' 47" West, a distance of 746.83 feet to an iron pin set at a point of curve of a
curve to the left;
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Legal Description of Parcel No. 274-000343
Z.s7s Acx>?s
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Milit Survey
Number 3453, being part of that tract of land conveyed to Edwards Golf Communities, LLC b deed of
record in Instrument Number , (all references being to the records of the R order's.
Office, Franklin County, Ohio) and more particularly bounded and described as follows:
t~
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 66 in the
centerline of Woerner-Temple Road;
I~rrr
thence North 84° 35' 46" East, with said centerline, a distance of 337.12 feet to a mag n it set at
the True Point of Beginning for this description;
thence North 04° 11' 18" West, with the easterly line of that tract conveyed to Roger Diane
L. Headlee by deed of record in Official Record 18207E07 and an easterly line of that tract con eyed to
Wanda F. Summers by deed of record in Official Record 33936]06, a distance of 324.85 feet t an iron
pin set at a corner thereof;
thence North 84° 35' 46" East, partially with a southerly line of said Summers tract and artially
crossing said Edwards Golf Communities, LLC tract, a distance of 300.00 feet to an iron pin set;
thence South 58° 30' S2" East, crossing said Edwards Golf Communities, LLC tract, a dis nce of
89.27 feet to an iron pin set;
thence South 03° 45' 37" East, continuing across said Edwards Golf Communities, LLC act, a
distance of 241.29 feet to an iron pin set in the northerly right-of-way line of Woerner-Temple Ro ;
thence South 84° 35' 46" West, with said northerly right-of--way line, a distance of 220.7 feet to
an iron pin found;
thence South 04° 11' 18" East, a distance of 30.00 feet to a mag nail set in the cente ine of
Woemer-Temple Road;
thence South 84° 35' 46" West, with said centerline, a distance of 150.00 feet to the True int of
Beginning, containing 2.575 acres of land, more or less.
A~ Subject, however, to all legal rights of ways and/or easements, if any, of previous record.
Bearings for this description are based on the Ohio State Plane Coordinate System as per D83.
rrr Control for bearings was from coordinates of Monuments 5536 and 7752, having a bearing of So th 85°
44' 20" East, between said monuments, established by the Franklin County Engineering Departure
/EyV~ ANS, MECHWART, HAMBLETON Bc TTLTON, IN
ZP~E ~P oyi
Maahew A. Kirk 5
Registered SurveyorNo. 7865 MATTHEUVA
PR t 1lNAQY KIRK ~
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FRf,NKIIN COUNTY ass/ONAI.SJ~
ENGIN~y~ING Di=PT.
j OATE:BY:
A-15
Legal Description of Parcel No. 274-000344
2.943 ACRES
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military urve
Number 6953, being part of that tract of land conveyed to Edwards Golf Communities, LLC by eed of
A~ record in Instrument Number
Office, Franklin County, Ohio) and more particularly bounded and desgribed as follows of the Re rder's
~rrr Beginning, for reference, at Franklin County Geodetic Survey Monument Number 221 at the
centerline intersection of Woerner-Temple Road and Cosgray Road;
thence North OS' O1' S5" West, with the centerline of said Cosgray Road, a distance of 30 0 feet
to a mag nail at the True Point of Beginning for this description;
thence North OS' Oi' S5" West, continuing with said centerline, a distance of 305.38 f t to a
mag nail set at a southwesterly corner of that tract conveyed to Jay W. Liggett and Marianna B Buck,
Trustee by deeds of record in Official Record 11937C14 and Instrument Number 20000317005248 ;
thence North 84° 52' 14" East, with the southerly line of said Buck tract, a distance of 420. 0 feet
to an iron pin set at a corner thereof;
thence South OS° O1' S5" East, crossing said Edwards Golf Communities, LLC tract, a dis ce of
305.09 feet to an iron pin set in the northerly right-of--way line of Woerner-Temple Road;
thence South 84° 49' 49" West, with said northeriy right-of--way line, a distance of 420.00 eet to
the True Point of Beginning, containing 2.943 acres of land, more or less.
Subject, however, to all legal rights of ways and/or easements, if any, of previous record.
Bearings for this description are based on the Ohio State Plane Coordinate System as per N D83.
Control for bearings was from coordinates of Monuments 5536 and 7752, having a bearing of So 85°
44' 20" East, between said monuments, established by the Franklin County Engineering Departmen
EVANS, MECIIWART, NA1b1BLETON & TILTON, INC
Matthew A. Kirk
iiw Registered Surveyor No. 7865
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A-16
Legal Description of Parcel No. 274-000345
~i
10.529 ACKES
Situated in the State of Ohio, Counry of Franklin, City of Dublin, Virginia Milita Survey
Number 6953, being part of that tract of land conveyed to Edwards Golf Communities, LLC b deed of
record in Instrument Number , (all references being to the records of the R order's
Office, Franklin County, Ohio) and more particularly bounded and described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 4 at the
centerline intersection of Woerner-Temple Road;
thence North OS° 10' 11" West, a distance of 30.00 feet to an iron p;n set in the northerly ght-of-
way line of said Woetner-Temple Road at the True Point of Beginning for this description;
thence South 84° 49' 49" West, with said northerly right-of--way line, a distance of 301.5 feet to
an iron pin set;
thence crossing said Edwards Golf Communities, LLC tract, the following courses and dis nces:
North OS° 29' 31" West, a distance of 469.03 feet to an iron pin set;
North 32° 34' S 1" Ease, a distance of 380.00 feet to an iron pin set;
North ti9° 52' 44" East, a distance of 180.00 feet to an iron pin set;
South 74° S 1' 00" East, a distance of 180.00 feet to an iron pin set;
South 43° 29' 02" East, a distance of 190.00 feet to an iron pin set;
South OS° 43' O1" East, a distance of 280.00 feet to an iron pin set; and
South 30° 43' 44" West, a distance of 439.40 feet to an iron pin set in the northerly right -way
line of Woerner-Temple Road on the arc of a curve to the left;
thence with said northerly right-of--way line and with the arc of said curve (Delta = 26° 1 04",
Radius = 302.84 feet) a chord bearing and distance of North 81° 56' 47" West, 137.71 feet to th True
Point of Beginning, containing 10.529 acres of land, more or less.
Subject, however, to a[I legal rights of ways and/or easements, if any, of previous record.
Bearings for this description are based on the Ohio State Plane Coordinate System as per N 83.
Control for bearings was from coordinates of Monuments 5536 and 7752, having a bearing of Sou 85°
44' 20" East, between said monuments, established by the Franklin County Engineering Department
EVANS, MECHWART, HAMBLETON & TILTON, INC.
• 5
Matthew A. Kirk
" ~ =t ~ - Registered Surveyor No. 7865 ~
~ KIRK ~
•`'~r=1i~iF:_:'•i ~OU~r"b ,a 7865
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A-17
Legal Description of Parcel No. 274-000353
19.499 ACRES
Situated in the State of Ohio, County of Franklin, C(ty of Dublin, virgitua Military Survey No. 3453 and b gout
~ of that 75.!54 acre tract as conveyzd to Edwards Golf Communities, LLC of record is Jnstrtuncnt timber
200009290198491, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and desc ed as
follows:
Beginning at Franklin County Geodcdc Survey Monument No. 8851 found in the centerline of Rings R d, said
monument marking the southwesterly coma of that tract as conveyed to John P. Fitzsimmons of record in Officia eeord
7316109, the southeasterly comer of said Edwards Golf Cotnntuttities, LLC Racr,
thence North 84° 54' S3" West, with the centerline of said Rings Rond, a distance of 1034.73 to a rnng aai et;
thence across said Edwards Golf Comttwnities LLC tract, the following courses:
North OS° 05' 07" East, a distance of 265.00 feet to an iron pia ser,
North 84° 54' S3" West, parallel to the cetterline of said Rings Road, a distance of 42.77 feet to an imn p' set;
North OS° 46' 18" West, a distance of 555.07 feet to art iron pin set;
North 84° 13' 42" East, a distance of 129.43 feet to an iron pin not;
North 79° 53' S4" East, a distance of 50.00 feet to an iron pin set;
with a curve to the tight, having a ceatrni angle of 04° 19' 48" and a radius of 250.00 feet, a chord b g and
distance of South 07.56' 12"East, 18.89 feet to an Iron pin set:
South 50° 46' 18" East, a distance of 35.36 feet to an iron pin set;
North 84° 13' 42" East, a distance of 403.96 feet to an iron pin set nt a point of curvature;
witlt a curve to the right, having a ccntnl angle of 86° 00' S8" and a radius of 250.00 feet, a chord b g and
disanee of South 52° 45' 49" East, 341.05 feet to an iron pin set;
North 85° 28' 08" East, a distance of 166.04 feet to an iron pin set in a westerly line of that tract as c Keyed to
Rockford Homes, Inc. of record in instrument Number 200008080158120, the easterly litre of said Ed Golf
Communities, LLC tracs;
stsa" thence South 04° 31' S2" East, with said westerly sad easterly lines and with the westerly line of said F' itranons
tract, a distatce of 742.13 feet to the Point of Beginning and containing 19.499 acres of land, more or less, iacl ive of the
presentright-of--way which occupies 0.711 acre.
i
Subject, however, to all legal rights-of--ways and/or easements, if any, of previous record.
iron pins set, where indicated, are Iron pipes, thirteen-sixteenth (13/16) inch inside diameter, thirty 0) inches
tong with a plastic plug placed in the top bearing the initials EMH&T, INC.
Bearings are based oa the Ohio State Plane Coordimte System as per NAD83. Control for be was from
coordinates of FCGS Monument Nos 5536 and 7752, having a beating of South 85° 44' ZO" East behveen onumeats,
established by the Franklin County F-ngiaeering Depamaent, usit~q Global Positioning Systtm procedures sad a 'pmem.
.nuunr.,.p
EVANS, MECIiWART. HAMBLETON, Bc TILTON, iNC. OF
a oooeia+
John C. Dodgion ~ 8068
Registered Surveyor No. 8069 3 ~P~O -
/
JCD:km/msy01 ~A V EY~OQ~
A-18
tale
EXHIBIT B
Description of the Improvements
The Improvements shall include of the design and construction of Woerner Temple Road
from Avery Road to Eiterman Road and Eiterman Road from a point approximately 250 feet
south of Woerner Temple Road north to Shier-Rings Road, including all related intersection
improvements, tunnels and all related appurtenances thereto. The Improvements shall also
include the design and construction of approximately 2700 linear feet of sanitary sewer line
along Shier-Rings Road, east from Eiterman Road, and all related appurtenances thereto. The
Improvements shall further include the design and construction of approximately 3320 linear feet
~Wr of water line along Eiterman Road, north from Shier-Rings Road, approximately 32001inear feet
of water line along Shier-Rings Road, east from Eiterman Road, and approximately 990 linear
feet of water line along Avery Road north and south of Woerner Temple Road, and all related
appurtenances.
B-1
a.
1
• EXHIBIT C
Estimate of Special Assessments
Consistent with Ordinance No. 50-00 passed by the Dublin City Council on August 14,
2000, the Property Owners estimate that once the Property is fully developed, the various
Subareas of the Property will be subdivided into lots in accordance with the schedule provided
below.
The current estimated portion of the cost of the Improvements to be assessed against the
Property is $2,726,272.26, which amount includes estimated financing costs, including but not
~r limited to, interest and issuance expenses. Based on the estimated cost of the Improvements and
the method of calculating the portion of the actual costs to be assessed against the various lots
comprising Property as described herein, lots within each Subazea of the Property will be
assessed in accordance with the following schedule:
Estimated Costs Estimated Number Estimated Assessment
Subazea Allocated to Subazea of Lots Against each Lot
1 $281,681.27 112 $2,515.01
2 30,180.14 12 2,515.01
3 279,166.26 111 2,515.01
4 2,515.01 1 2,515.01
5 176,050.79 70 2,515.01
6 601,087.70 239 2,515.01
7 10,060.05 4 2,515.01
8 5,030.02 2 2,515.01
9 20,120.09 8 2,515.01
10 100,600.45 40 2,515.01
11 508,032.29 202 2,515.01
12 188,625.85 75 2,515.01
13 331,981.49 132 2,515.01
14 15,090.07 6 2,515.01
15 17,605.08 7 2,515.01
16 47,785.21 19 2,515.01
17 110,660.50 44 2,515.01
The Property Owners acknowledge that the special assessments provided for herein may
be certified for collection prior to the time that the Property is completely subdivided and
developed. Therefore, the Property Owners acknowledge and agree that the City will be
required, subsequent to such certification, to apportion the assessments between lots which are
subdivided and transferred by the Property Owners. In connection with any such apportionment,
the Property Owners request that the City review the development of the Property up to that
apportionment date, act in good faith to determine the remainder of the development within the
Property (and specifically the applicable Subazea), and apportion the assessment for that
transferred lot in an amount which, based on the expectations on that apportionment date, would
C-1
~
result in all lots within the Property (and specifically the applicable Subarea) thereafter
transferred, would be assessed in substantially the same amount. The Property Owners further
acknowledge and agree that the City shall, in the event that the boundaries of any lot extend into
more than one Subazea, act in good faith to assign the lot to one Subazea and equitably apportion
any remaining assessments among the various Subareas.
The Property Owners further acknowledge that any portion of the Property within a
pazticulaz Subazea that is hereafter dedicated to the City ("City Property") or platted for use as a
public right-of--way (a "Right-of-Way Area") shall not be assessed and that the costs of the
~ Improvements which would have been assessed to such City Property or Right-of--Way Area
6
shall be reallocated in a pro rata manner against all remaining real property located within that
Subazea.
C-2