138-01 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. 138-01 Passed Zp
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; APPROVING AND AUTHORIZING THE
EXECUTION OF A RELATED SETTLEMENT AGREEMENT, AND
DECLARING AN EMERGENCY.
WHEREAS, on September 17, 2001, this Council passed Ordinance No. 116-01 accepting
a property owners' petition (the "Original Petition") requesting that the City of Dublin,
Ohio (the "City") undertake the design and construction of certain public infrastructure
improvements (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") and assess $1,666,667 of the actual cost of those Improvements against
the real property described in that Original Petition; and
WHEREAS, the Original Petition was executed by all owners of real property to be
assessed, except Kurt C. Proegler and Carol G. Proegler (collectively, the "Proeglers"); and
WHEREAS, subsequent to the filing of the Original Petition, the Proeglers filed certain
claims with the City relating to the design and construction of the Improvements and the
levy and collection of special assessments against their real property; and
WHEREAS, the City and the Proeglers have now settled all claims relating to the design
and construction of the Improvements and the levy and collection of special assessments
against their real property and, consistent with that settlement, have determined to execute
and deliver a petition supplementing the Original Petition and to execute a settlement
agreement; and
WHEREAS, this Council has determined to accept the Petition for Special Assessments
and Affidavit dated November 5, 2001 (which is attached hereto as Exhibit B and by
reference made a part hereof and referred to herein as the "Petition") as executed and filed
by the Proeglers, to confirm the original findings and determinations set forth in Ordinance
No. 116-01 and to approve and authorize the execution of a related settlement agreement
(the "Settlement Agreement");
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
Franklin, Delaware and Union Counties, Ohio, that:
Section 1. Acceptance of Petition and Determinations Relating to the Improvements. This
Council hereby accepts the Petition and confirms its prior findings and determinations set
forth in Ordinance No. 116-01 relating to the design and construction of the Improvements
and the levy and collection of the related special assessments as provided for in the Original
Petition.
Section 2. Approval and Authorization of Settlement Agreement. The Settlement
Agreement by and among the City, Kurt C. Proegler and Carol G. Proegler in the form
presently on file with the Clerk of Council, providing for, among other things, the settlement
and release of all claims relating to and arising out of the design and construction of the
Improvements and the levy and collection of the related special assessments as provided for
in the Original Petition, 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 Settlement
RECORD OF ORDINANCES
Dayton Legal Blank, Ina Form No. 30043
Ordinance No. 1 ~8-01 Passed 20~age 2
Agreement, and the approval of changes thereto by those officials, and their character as not
being substantially adverse to the City, shall be evidenced conclusively by their execution
thereof.
Section 3. Compliance with Omen 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 4. 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 facilitate the delivery of bonds issued in anticipation of the collection
of the special assessments heretofore levied, which is necessary to make timely payments
on the contracts for the construction of the Improvements; wherefore, this Ordinance shall
be in full force and effect immediately upon its passage.
Signed:
ayor -Presiding Officer
Attest:
I`.••
Clerk of Council
Passed: November 2001
Effective: November 2001
f hereby e~rtify tbafi caries of this Ordinance~Reso(ution were hosted in t e
Gty of Dublin in accordance`witq Section 731.25 of the t?i:io Revised {od
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-2-
138-O1 Page 3
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 27001inear
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 33201inear feet 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.
-3-
EXHIBIT B
PETI"PION FUR SPECIAL ASSESSMENTS AND AFFIDAVIT
November 5, 2001
To the Council of the City of Dublin, Ohio:
Wltl~tZl:AS, the owners of certain real property executed and submitted a Petition for Special
Assessments and Affidavit dated September 17, 2001 (the "Original Petition") to the Council ofthe
City of Dublin, Ohio (the "City") which included reference to the Property (as described below);
and
WtI>iRI~AS, Kurt C. Proegler and Carol G. Proegler (the "Property Owners"), upon being
duly sworn, depose and state that this Petition for Special Assessments and Affidavit (the
"Supplemental Petition" and, together with the Original Petition, 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 certain real property (as identitied and defined in Exhibit
A and by reference made a part hereof and referred to herein as the "Property") and to supplement
the Original Petition; and
Wt ~azcns, the Property Owners are the sole owners of the Property; and
WI ll:R1iAS, the Property Owners acknowledge that, in connection with the development of a
substantial portion of the real property described in the Original Petition, which included the
Property, 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 that real property and for the construction of various related public
infrastructure improvements; and
WIll:at:ns, the Property Owners further acknowledge that the Property, at the request of the
Property Owners, was rezoned in connection with the development described in the Agreement; and
WIll;IZI?AS, 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
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 to the Original Petition and by reference made a part
hereof and referred to herein as the "Improvements"); and
WI tlatt?nS, the Cily, by passage of Ordinance No. 43-01 on April 2, 2001, has heretofore
determined the necessity of the Improvements and authorized the constn~ction of the Improvements,
which constn~ction has heretofore commenced; and
rrw~m _..m... _ ee_ ~ _
W[u.w:ns, the Agreement filrtlier provided that a portion of the actual cost of the
Improvements would be assessed against certain real property described in the Agreement, which
includes the Property; and
WII[[Z[iAS, the Property Owners hereby supplement the Original Petition and include herein
by reference all provisions of the Original Petition and petition the City for the constltlction of the
Improvements and further, that a portion of the cost of those Improvements be assessed against the
~ Property in the manner and the amounts described in the Original Petition, 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
Wlu;itl,ns, the Property Owners, fiuther depose and state that this Supplemental Petition and
actions provided for herein and in the Original Petition impose burdens and obligations upon the
Property and provides for special assessments to be levied upon that Property in accordance with the
Petition, and that the Petition is available for inspection at the Oflice of the Clerk of Council of the
City;
Nuw, T[[G[Z1.FOIZJi, the Property Owners hereby petition the Council of the City of Dublin,
Ohio to supplement the Original Petition as follows:
1. .Sj~ecirr/ Assessnretrts. The Property Owners petition the Council for the construction of
the Improvements (as described in Exhibit B to the Original Petition), and in consideration for the
constlUCtion of those Improvements, agree that the Property will receive special benefits from the
construction of the Improvements, and respectfully request that a portion of the actual costs of the
Improvements be assessed upon the Property therefor in proportion to the benefits to the Property,
all pursuant to the method set forth on Exhibit C attached to the Original Petition 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, rIl 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. Durcctiuil of.5j~ecialAssessnteizts. T'he 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), as such provisions are more specifically described in
Section 2 of the Original Petition and included herein by reference.
3. Y~c~~nrent uf,Sj~c~cir~l Assessme~rts. In consideration of the Improvements, the Property
Owners, for themseh-es and their grantees or other successors with respect to the Property, a`,ree to
pay promptly all special assessments levied against the Property as they become due and to disclose
2
to subsequent transferees of the Property the existence of the special assessments, as such provisions
are more specifically described in Section 3 of the Original Petition and included herein by
reference.
4. Action by Council. The Property Owners, for their successors and assigns, further
consent and request that all legislation relating to the acceptance of this Supplemental Petition and
approval of the Lnprovements and assessments be enacted by the Council of the City as soon as
practicable.
S. Waii~ers. 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:
(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 tlu-ougli 727.22 and Sectioi1727.43 of tl~e 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. Notice may be provided to the Property Owners at:
6817 Woerner Temple Road
Dublin, Ohio 43016
IN WI"fNESS WHEREOF, the Property Owners have caused this Supplemental Petition to
be duly executed in their respective names, all as of the date hereinbefore written.
Signed and acknowledged
in the presenc~e7o£ ~ I{uR't' C. Ptzc~~~t,~:R.
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STATE OF OHIO )
SS:
COUNTY OF FRANKLIN )
On this ~ day of November, 2001, before me a Notary Public personally appeared
I{w-t C. Proegler, .and acknowledged the execution of the foregoing instniment, 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 a~~,~ear aforesaid.
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JOAN E. SWARTS
's N ` M ommiss oncES~ yes
p Ohio
y,,~'~1~~~~o,: y ~ 23-0 otary Public
STATE OF F,°,.:~°~~~` )
) SS:
COUNTY OF FRANKLIN )
On this s~ day of November, 2001, before me a Notary Public personally appeared
Carol G. Proegler, and acknowledged the execution of the foregoing instrument, and that the same
is her voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the date and year aforesaid.
O
JOAN E. SWARTS Notary Public
Notary Public, State of Ohio
~ a My Commission E~tires 07-23.05
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Legal Description of Parcel No 27-t-00032
4.216 ACRES
Situated in the State of Ohio, Count~• of Franklin; Citc of Dublin, Virginia `Iilitar~~
Sur<•e~- Number 3-13. being all of that tract of land con~-e~•ed to Kurt C. and Carol G. Proeoler
b~~ deed of record in Official Record ~37I1 (all references being to the records of the
Recorder's Oftice. Franklin Count~~, Ohio) and more particularl~• bounded and describes as
follo«•s: "
Beginning at Franklin Count~• Geodetic Sur~•e~• Llonument Dumber 6630 in the
centerline of «'oerner-Temple Road; "
thence South 04° 46" 4=3" East. «•ith the ~t•esterly line of that tract con~-e~-ed to S«•ickard
Enterprises, Inc. b~• deed of record in Official Record 16313114, a distance of ~ ~ 1.~~ feet to an
iron pin found at a northeasterly comer of that tract conveyed to Jim Moro by deed of record in
Ofticial Record 10928C 10;
thence South S2° 28' 39" 1~~'est, ~~•ith a nonherl}• lint of said 1`~foro tract, a distance of
339.92 feet to an iron pin found at a corner thereof;
thence North 03° 11' 10" «'est, «•ith a easterly line of said ivioro tract, , a distance of
364.E 1 feet to a mag nail set in the centerline of «"oerner-Temple Road;
thence North 84' 35' 46" East, «•ith said centerline, a distance of 323.8.5 feet to the Point
of Beginning, containing 4.246 acres of land, more or less, 0.223 acre of «•hich falls «•ithin the
presently occupied right-of-«•a~• of Koerner-Temple Road.
Subject, ho«•ever, to all legal rights-of-«•ays and,'or easements, if any, of pre~•ious record.
Bearings for this description are based on the Ohio State Plane Coordinate System as per
NAD 83. Control for bearings «•as from coordinates of F.C.G.S. iVlonument Numbers >j36 and
775?, establishing a bearing of South 8.5° 44' 20" East bet«•een said Monuments.
EVANS, LIECH«'ART, H.A~iBLETO~' R TILTO~';-I\C.
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Registered Sun~e~~or \o. 786
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Office of the City Manager
5200 Emerald Parkway, Dublin, Ohio 43017-1006
CITY OF DUBLIN Phone: 614-410-4400, Fax: 614-410-4490
Memo
To: Members of Dublin City Council
From: Timothy C. Hansley, City Manager
Subject: Ordinance No. 138-01 An Ordinance Accepting A Property Owner's Petition for the
Special Assessment Relating to the Ballantrae Development
Date: November 15, 2001
Initiated by: Marsha I. Grigsby, Director of Finance 'M~'
As stated in the Ordinance, the original property owners' petition (the Original Petition)
was executed by all of the real property owners included in the Ballantrae rezoning with
the exception of Kurt and Carol Proegler (the Proeglers). The Proeglers have
subsequently decided to execute a petition supplementing the Original Petition and
authorized the execution of a related settlement agreement with regard to certain claims
previously filed.
A settlement agreement has not been drafted but will be based on the terms that have
been agreed to by the Proeglers and the City. The Proeglers have executed a petition
supplementing the Original Petition, they have agreed to dismiss all pending claims with
respect to the special assessment and the City has agreed not to initiate a rezoning with
respect to the Proeglers' property.
If you have any questions, please contact Marsha or Steve Smith.
.e.
T:\Z001\106-ORD 138-01 Memo.doc