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006-01 OrdinanceRECORD OF ORDINANCES Ordinance No ..................06-01................................ Passed .................................................................., ......YES...... AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A 0.685 ACRE, MORE OR LESS, DEED OF EASEMENT TO MOUNT CARMEL HEALTH SYSTEM, LOCATED AT THE SOUTH END OF LIGGETT ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, the City of Dublin has determined the necessity to grant a perpetual Easement consisting of .0685 acre, more or less, to Mount Carmel Health system ("Mount Carmel"), located at the south end of Liggett Road, Dublin, Ohio; and WHEREAS, after Mount Carmel completes the construction of a building on its existing land, as described in "Exhibit A," the Easement area will be used by Mount Carmel as open green space; and WHEREAS, Mount Carmel will keep the Easement area mowed and reasonably free of trash until the property is improved with the first building; and WHEREAS, in connection with the construction of the building, Mount Carmel will landscape the Easement area pursuant to a landscape plan for their property and will continue to maintain the Easement area as green space and landscape area pursuant to such overall landscape plan; and WHEREAS, the City of Dublin will grant a Deed of Easement to Mount Carmel as proposed in Exhibit "B". NOW, THERE>~RE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. Dublin City Council authorizes the City Manager to execute a 0.685 acre, more or less, Deed of Easement to Mount Carmel as described in Exhibit "B". Section 2. This Ordinance is declared to be an emergency measure for the immediate preservation of the public peace, health, safety or welfare, and for the further reason of executing the Deed of Easement; therefore, this Ordinance shall take effect and be in force immediately upon its passage. Passed this ~ day of , 2001. ~ -tom Mayor -- Presiding Officer ATTEST: Clerk of Council i herat±v rnr+~h~ that copies of this Ordnance/Resolution were ~t, .e. ~.,.r'.,.. ~~~ ?5 of ttl~! t~~10 Clty Of Debi?fi 111 tlSet`~'`'~"-~" l (,~/uSt. Ci of Council, Dublin, Ohio P:\DATA\COUNCIL\ORDINANC\2000\06-01 MT. CARMEL EASEMENT.DOC Exhibit A 'i'I~e Collouing ~(2TAL C~'1'n1'C siCuated in l'hQ State of Ohio, County of Cranklin, City oC Uublir~, and being i.ri Virginia hlilitar~~ Surrey c'7457., and being part of Sophia E. Eil'errnan's (now Liggett) tract described in Deed volume 770, Page 97, said tract being more particularly described as follows: Deyinnirig at a spilce L'ound in the centerline of Liggett Road at L•i~e nortlZwest corner of said Eiterman tract, said spike being i.rl l-lte west line oL Virginia tilitary Survey ,$3452 and the east line of Virgitlia Military Survey x`6748, arld also being tl~e southwest corner of Remark's 6.232 acre tract (Deed Volume 3096 Page •99) ; ~ / . thence NortYi` 83 degrees 12' 34" East 1125.23 feet,. along tl~e south line of said 6.232 acre tract to a concrete• post found at the r~ortl~east • corner of said Eiterman tract and being tt~e southeast corner .of the Vicar Company 1_398 acre tact (Official Record 6707 1-,~,7~)~, and being in the west line of the D.L. Lane and R.M. Lame 83.].49 acre tract (Official Record 6787 A-04), passing through an iron pin Found at 974.75 feet;. thence South 4 degrees 48' 25" East 2087. Sl feet, along tl~e west line of said 83:149 acre tract, to an iron pipe set in the northerly right-oL'-way o.C a curve in U.S. Route 33, (U.S. 33 - Sec.0.00); thence along with north right-of-way line ,of said U.S. Route 3 3 the f of Lowing courses thence North 55 degrees 13' 37" West 72.05 feet to an iron pipe set; ,,.., tlier~ce along the arc of a curve, radius of 3759.53 feet a chord bearing of Plortli 49 degrees 57' 19" T~lest 1259.31 feet, to ari iron pipe set; thence Nortli 36 degrees 03' 53" West 211.42 feet to an iron pipe set; _~ thence Nortlz 49 degrees 45' 46" 1~lestt 74.81 feet to an iron • pipe set; thence Nortll 35 degrees X13' 39" West 4 G . 65 feet to ari iron pipe set in. the centerline of Liggett Road marking the southeast corner of. a 0.721 acre tract presently owned by the City of Dublin (O. R. 6769 807); L-1lence Nor'tli 4 degrees o6' 22" West 640.86 feet, along.. said centerline of LiggeL-t Road and the east line of Virginia Military Survey it3452, to the place of beginning, containing 40.108 acres, more oz less, subject to all, valid easements andrictions of record . f"~---- ~~` ~ ~ % 1'2ritt:~d 2~-3 ~... ~ C JJ.Y.IJ~~b11• F.E., P • ' ~ - . .. L~ Q 2 ~ , - :?a 9c;i~ County Engineer ~ .. ~ ~ .--- EXHIBIT DEED OF EASEMENT Know all men by these presents, that the City of Dublin ("Grantor"), in consideration of One Dollar ($1.00) and other good and valuable consideration to it paid by Mount Carmel Health System, including the agreements hereinafter provided, the receipt and sufficiency of which are ~.~.~ hereby acknowledged, does hereby grant to Mount Carmel Health System and its successors and assigns as owners of the real estate described on Exhibit A attached herein (such owners ~~ collectively "Grantee" and the real estate described on Exhibit A attached hereto "Grantee's Property"), a perpetual easement to use the premises described on Exhibit B attached hereto +• ("Easement Area") as an open green space and landscape area in conjunction with the Grantee's Property. In addition, Grantor agrees that the Easement Area shall be treated as green space which is a part of the Grantor's Property solely for the purpose of calculating ratios of building area or other improved area to total land area of the Grantee's Property for zoning and other land use purposes and for the purpose of determining whether the Grantee's Property satisfies any governmental requirements for green space and/or landscape areas. Grantee agrees that, until the Grantee's Property is improved with the first building on the Grantee's Property, Grantee will keep the Easement Area mowed and reasonably free of trash and that as part of the construction of the first building on the Grantee's Property, Grantee will landscape the Easement Area pursuant to a landscape plan for the Grantee's Property and the Easement Area and that, thereafter, Grantee will maintain the Easement Area as a green space and landscape area pursuant to such overall landscape plan, as the same maybe changed from time to time. The foregoing obligation shall run with the land and be the obligations of the owner's of the Grantee's Property, as those owners may change from time to time. Grantor shall have the right to use the Easement Area for underground utilities and other "~"' underground uses and to grant easements for underground utilities and other underground uses, provided however, that users the Easement Area for such uses shall have the obligation, after "'~"'" disturbing the surface of the Easement Area, to promptly restore it to the same or better condition than it was in prior to the time such surface was disturbed. Aboveground appurtenances to such underground uses shall be the minimum necessary for such uses, and shall either be of such a nature as to not be readily visible or shall be shielded from view by plantings or other means which are reasonably acceptable to Grantee. The foregoing shall not be construed to permit pole lines or aboveground utilities or other aboveground uses of the Easement Area by Grantor or those claiming through Grantor. Grantor further agrees that the Grantee's use of the Easement Area as a green space and or landscape area, as provided herein, shall satisfy the requirement that the Easement Area be used as a park area and that the Easement Area shall not be open to the general public, but. shall be used solely as a green space and/or landscape area as provided herein. ~~,,,, The Easement Area and the Grantee's Property are currently separated by Liggett Road. If any portion of Liggett Road which separates the Easement Area from the Gr_ antee's Property is ~,;,, EXHIBIT a ever vacated and reverts to Grantor, such portion shall be subject to the terms of this Deed of Easement. IN WITNESS WHEREOF, this Deed of Easement has been duly executed on this day of , 2000, by a person on behalf of the City of Dublin who has all necessary authority to execute this Deed of Easement on behalf of the City of Dublin. CITY OF DUBLIN, a municipal corporation Printed Name: Printed Name: By:_ Name: Its: APPROVED: Stephen J. Smith, City Attorney STATE OF OHIO ) SS: COUNTY OF FRANKLIN ) The foregoing instrument was acknowledged before me this day of 2000 by ,the of the City of Dublin, a municipal corporation on behalf of such municipal corporation. Notary Public My Commission Expires:, This instrument prepared by Donald G. Paynter, Attorney at Law, Arter & Hadden LLP, Suite 2100, 10 West Broad Street, Columbus, Ohio 43215. 2!6350.1 2 ,~• . , Exhibit A ~l'i~c ~ol~•ouin9 •12~AL. C:;'lA1'C situated iri tl~Q Sl_•ate oL' Ohio, County oC C'ranklin, City oC Uublin, and being xri virginia Ptilitar~~ Surrey c3457., and being part of Sophia E. Eil-errnan's (now Liggett) bract described in Deed volume 770, Page 97, said tract being more paL ticulat:ly describer] as follows: Degir~nirtg at a spike found in tl~e centerline of Liggett Road al: tl~e northwest corner of said Eiterrnan tract, said spike being „~,.. ~.r1 Hie west line of Virginia Military Survey X3452 and the east fine of Virginia Military Survey X6748, acid also being the southwest corner of Remark's G.232 acre tract (Deed Volume' ]096 "" Page ~99) ; / ' thence NorL-Yt` 83 degrees 12' 34" East 1125.23 feet,, along tl~e south line of said 6.232 acre tract to a concrete post found at t}ie northeast • corner of said Eitern-an tract and being t}~e southeast corner .of tkte Vicar Company 1_398 acre tact (Official Record 6707 ],-,,j.7~)~, and being in the west line of the D.L. Lane and R.M. Latie 83 . x.49 acre tract (Official ~Recorcl 6787 A-04) , passing through an iron pin found at 974.75 feet; thence Soutll 4 degrees 48' 25" East 2087.51 feet, along tl~e west line of said 8.3:149 acre tract, to an iron pipe set in the tiorL-l~erly right-oiC-way of a curve in U.S. Route 33, (U.S. 33 -- Sec.0.00); thence along with north right-of-way line ,of said U.S. Route 33 the following courses: thence North 55 degrees 13' 37" West 72.05 feet to an iron pipe seL-; """' thence along .the arc of a curve, radius of 3759.53 feet a chord bearing of Ptortli 49 degrees 57~ 19" West 1259.31 feet, ,~,,, to are iron pipe set; thence Nortlz 36 degrees 03' 53" West 211.42 feet to an iron pipe set; _. thence Nortli 49 degrees 45' Q6" t~est~ 74.81 feet to att iron . pipe set; • thence Nortll 35 degrees Q3' 39" West. QG.65 feet to art iron pipe set in. the centerline of Liggett Road marking the • southeast corner of a 0.721 acre tract presently owt•ted by the City of Dublin (O.R. 6769 B07); thence Nortlt 4 degrees 06' 22" West 640.86 feet, along., said ' centerline oL' Liggett Road and the east line of Virginia t•lilitary Survey X3452, to the place of beginning, containing 40.108 acres, more oz less, subject to all valid easetnen,ts ~rictions of record. ~,` Q ~ ~ ~'Srliljl~ • _ .5..?-~-3 ~.. ,,,~.., ~ Gi O Z '~ ^' i~ F•.E.. P.S. ,,..ir, ,..ire . . 'r:z,~k!i* county Enginuer i Exhibit B (Part One) c. f. alaD a a. ~. l;u«, t.I~. CGr:tUtT:NG [r+G:r.;:a5 - SuRVErORS May 4, 1981 .u] uN•,cnM ~o.a ~G1:MihG10N, CM:O ~~l! r"7at Oda +t7 +0:0 DE_:CRIPTION O'r 0.685 ACRE TRACT F.T SUUTH END OF LIv'GETT ROAD ..,~ 1di,5H[NGTOIJ 'fOWt•ISHI1', FRANKLIN COUNTY, OIlIO r'OIt :att. GARY W. LYOIIS 6 MR. JOHN S. DELInERA ,~ Situate.: in the State of Oh_•~, County of Franklin, Township of t:a::trincJtcn, in virrlinia tdilitary Survey No. 6748, ancl.l,eirr~3 all of the ?.7:1 acre tract of Lind (0.685 acre by recent survey) con~~y~cl to .Cary ::. t.•;~ns ~rul Jc~iin S. De[.ibera by deed of record in DeeJ Rork 3031, Pi<Ic~ 42 ':ucc•r.ier' •.: Office, t'ranklin Count.;, Olrio, and bo-rnclecl and dc::;rril:cci as . :allows: i3tginrci:iy at an iron pin set at the intersc~:tion of the ornterlirrrs of :.i•~.;ett Fto:-:1 (rco legal right-of-way width established - 40 feet wide by tr;;acle) xitic t'.;e urr:ved nurtt-esst "limited access right-of-t:ay line of U. S. Itv;rte 33 :,r,.i t;ttiv ttuute 161, said iron pin being at ttre sotrtlrarnnostcorner of said O.bdS acre tract and said iron pin also being 103.00 feet left of c~ntecline statiuri 1353 + 27.10, as shown u;~on S};eEt 28 of 29 of U1tio Drl,artr.:rnt o: Tr.ur~t>~artation right-of-way plans for UNI-33-20.23 and t'ItA-33-0.00; ~ttcenc~ nortl;westerly along ttce curved northeast limited access ric)ht-of-way lic:o of U. S. Route 33 and Ohio Route 161, along the curved =outh::est line of said 0.685 acre tract and with a curve to the ziyht, dot c•f w:cich is raJius = 3.,083.53 feet, sub-delta 5° 27' 46' and sub-arc = 3E~2.G4, feet ~ sub-chord distance cif 362.51 feet bearing N 3:~• 38• 43" W to arc iron l~i:i found at the' northwest corner of said 0.685 acre tracr: and at t ire so;rt:~w~st carnar of a 2.009 acre tract cf land conveyed to Joliri A. and JU:sn t.. Larson by ciced of record in Deed Book 3716, Page 3, Recorder's G:fice, Franklin County, .Ohio, said iron pin being 103.00 feet lent of cc:ntcrlinc st:,tian 1349 +.54.63 of U. S. Route 33 and Ohio Route 161; w•* thence t7 31° 12' 27" E alone) the north line of said 0.685 acre tract ant alo:rg i:ce south line of said 2.009 acre tract a distance of 1'13.77 fee to a P. K. Nail..^.~t in the centerline of Liggett Road, at the nnrtl;ewst r.r ~r,rrccr of said 0.685 acre tract and at the sout}teast corner of said 2.009 .:.:re tr:rct (I,assing an iron pin fund at 157.99 feek) ; thc•:..-e S 4° O6' 22" F. alon7 the centerline of Liggett Rn:ul and alone t'rc cast lire of paid 0.6ti5 acre tract a distance of 332.66 feet t.o the r,lace of bcc~inniny; containing O.G8S acre of land more or less and being subject to all Ic•gal tiiyirwa}•~, c:~s~~mcnts and restrictions,of record. . 'fhe aLove description was prepared by Richard J. Bull, Ohio ~tr~veyur :~o. 4723, of C. 1'. nird t R. J. Dull, Ltd. Consulting Engineers t Scrrvcyars t•:orthinytun, Ohio, from an actual boundary survey performed in the field in A~~ril, 1981. • t.7.~uy-G ~l I ~G,-~F R chard J. BuI ~~ ' /y~' Ohio Surveyor'' 4723 /~ ~.S~` /Z~`/'' c ~~•~ I'~%.~ ,: ".~.~., ~,rS .~ i . I ~.~ ., ~ ' . 1 .... • °~' .j ~ / c ~' , :: I y, Wra~t l i \ ~ I .... t '% .~ '/ .~ ,_/~ ~ •~~- (~ ~°yn UOi~in7 1 \\ .. ~' 0~ Q .ep•~ ~... c~~t ~•• o ~.~ ~ O - - ~ ~ O U (. ~ ~1 ,~ ` ~~ L~ ^ ./ \ ~ \ 111,,,... ,~ ~. A10p.. ~ntt OOIOPttse3 wQ« Supplit:4 oy lh0 ffOnkl;J1 CO. AuUiloi'i UII~Ge Ndi~~c~ C A 121). nO1 LhyttltAAP id ~~apuAfiD~c nt IiOh~e lut lho mOp•. 0/ OOtnuttnui AnY Q ,lFf 1tJ7 ~tJ~ .59~ JAN .11. ~ t~+ inquiiipy YhOuIC 40 tlirrtltld IN Ih! a .... ~• -'~"-• '~ ~L_ - -... ........n 779 ~..... .. 'c~~ ... f...I _- •_. __ ----• ..... SCHOTTENSTEIN ZOX & DUNN a legal professional association CONFIDENTIAL ATTORNEY WORK PRODUCT NOT A PUBLIC RECORD MEMORANDUM "'" TO: Timothy C. Hansley, City Manager Dublin City Council FROM: Stephen J Smith, City Law Director Philip K. Hartmann, Assistant City Law Director DATE: January 11, 2001 RE: Resolution of Intent to Appropriate 36.748± Acres Owned by Anacleto Galli I. INTRODUCTION Anacleto Galli is the owner of a 36.748 ± acre parcel ("parcel") located in the northwest corner of the intersection of Woerner-Temple Road and Avery Road. The City needs to acquire this parcel for the realignment and widening of WoernerTemple Road and parkland. It is anticipated that this parcel will serve as an integral part of the entry to the Southwest Area Golf Course. II. DESCRIPTION "~""~" The parcel is "L" shaped extending west from Avery Road 1750 ± feet along the north side of WoernerTemple Road. The parcel extends north 1590 ± feet along its western boundary and 558 ± feet east at the top of the "L" or northern boundary. The inner-portion of the "L" extends along the perimeter of Kendall Ridge Subdivision with the western boundary measuring 1,630 ± feet and the southern boundary measuring 1,455 ± feet. The sight has 457 ± feet of frontage on the west side of Avery Road at its eastern edge. The parcel is currently utilized for agricultural purposes. Attached is a copy of a map for your review. Seven (7) residential properties are located directly south of the parcel across Woerner- Temple Road. The initial plans had the City acquiring at minimum a portion of these residential www.SZD.com properties for the widening of WoernerTemple Road. After public input from these residential owners, the plans were changed relocating WoernerTemple Road to the north onto the parcel. Columbus This change allows the residential owners to remain on their property, if they so choose. Council Cleveland directed the Legal Department to negotiate possible purchases of these residential properties with Cincinnati any interested property owner. These properties include: • Parcel A -Edward Burt (acquired by the City); (H0046659.1 ) u~ The Huntington Center, 41 South High Street, Suite 2600„Columbus, Ohio 43215-6106 . voice 614/462-2700. fax 614/462-5135 • Parcel B -James and Wenon Hartman; • Parcel C -Joseph Bucci; • Parcels Dand E -Donald and Shirley Wotring; • Parcel F -David Noel (in Contract with the City); • Parcels G and H -Parks-Feidner, Ltd. (the City is in the process of negotiating purchase); and • Parcel I -Blanche Norris. III. NEGOTIATIONS Negotiations have been ongoing with Anacleto Galli and his representatives for some time. Initially, Pete Edwards of the Edwards Company met with Mr. Galli to discuss the possible purchase of the parcel. Then our office took over the negotiations. Unfortunately, Mr. Galli was involved in an automobile accident and has suffered some physical setbacks. This has delayed the negotiation process. As a result, to keep the project and negotiations moving forward, it is necessary to initiate appropriation proceedings for this parcel. The parcel is needed for two uses. First, the southern portion will serve as the location for the new Woerner-Temple Road. Second, the remaining portion of the parcel to the north will be used for parkland. When any city files an appropriation action for roadway purposes, the Ohio Revised Code provides the city immediate access to the property, upon the deposing the appraised value '~ with the Court. This is sometimes referred to as the power of "quick take". In this case, the entire parcel is not needed for roadway. Therefore, the City may only use its power of quick take for the property necessary for the relocation and widening of Woerner-Temple Road. Without ~. some agreement with Mr. Galli, the City will not be allowed on the remaining northern portion of the parcel until the case is fully litigated. This has been anticipated and different construction schedules for the park have been developed. Also, since the City may not use its power of quick take to acquire the parkland portion of the parcel, the City also does not need to deposit the amount of money with the Court relating to the parkland. The City has had two (2) appraisals completed on this property. The amount of the most www.SZD.com recently updated appraisal is $1,561,790.00. Columbus If you should have any questions or need anything further, please do not hesitate to Cleveland contact the legal department. Cincinnati PKH/sll {H0046659.1 } 'Z ~aa~ u, a~u: _ - -_ - ='l.. ~ bL Dom; b'L~ ~• .. .. :a wy ~ascao•,cc • .c. ,~, -... ., . --~ _- -~ ~ --- I - - --- -' _ 1 - _ - hut!{ ~ P_ _ .._ - W.~•:-w ._ W ~ ~ ~ f ~ 99.599 '~ -NZ~M '- ~ Z'£89 0•oZ to ~a ?~dW3L-d~ I ~ W ~~, Z W ~. __ ~ _ O~~p-ti dNd _y----- - ~ ~, - E j,1d ~ p 131 r _ i , ~ 331Snal o•oa i o _ , vs•s5q~ _ - , -r_ _ , _- .~-- --- ' • _ - - ., _ - - ~ , ,..~--_- - , b 1 J -: ~ , N 1 ~ O~ P • - = N ~+ ~ ~ 1 ~ ~ t ~ 1 ''' ~ ~ s_ ~ - = ~ _ ~ _ , -- i ._ _ ~ ~ w,w I ~ - _ ~ ~ ~ _ ~ ~ - ~ I ~ ' ~I -- ~ 1~ - 9L'g5S ' -- i _ --- `` -- -_ ~ __m _-_ _- -- ! - - _ _ - ~ ~ ~J ~ 1 ~-. ~ ,~,-'~ ~~ ~~~ 1 CI1`Y OF DL~~3LIN ~~a~~~~~~li~7 EXPIRE (Code Section 153.234) Ordinance No. d ? ~ O / ~__~ 5800 Shier Rings Road Dublin, Ohio 43016 City Council 1st Reading Z Phcnell-DD: 614/761-6550 Fax: 614,761-6566 City Council Public Hearing 1 City Council Action FOR OFFICE USE ONLY Ncu~;Zj~iaceived: Applicaj No: ~ C - 1v ~~---- .- P&Z Date(s): ~ I ~ t (~ P&Z 6 ~ ~ ~ , Fi~eict .`.o: MIS Fee No: Date Received: i ~ ~~ 1 ~~ Rece+ved 9y. yl + l t: (~IV ~ T,~::.~~~:.t: ua1~ --- ~-~ ~~P l P °4~ ~a~~; C~~.b~~ ~ S ~ ^ FLEASE ~U3f:11T T';/O (3) ORIGINAL SIGNED A~JD NOTARIZED APPLICATIONS - FLL.>SL °RI` i - A'JD Ti-iIPTEEN (13) COPIES OF THE ORIGINAL APPLICATION and Cii~CK Ti1E TYPE OF APPLICATION ^ Composite Plan(Cct.'e Section 153.053) ^ Preliminary Develcpment Plan (Code SacScn 153.05bj ^ Ot`,er (C~scrih~~) i. 1 ~,....~ 'ItiUi'ta l ~ IJt-'J t'.LIHI ivia ~,~~,y, ~ TAX iD NC; DISTR;CT P FCEL No: 274-000122-00 ~ Parcel Sira: ~~ (acr~ti) 1.401 acres Prep"rr; .=,,...~~'~=~: 5695 Avery Road, Dublin, Ohio 43016 fl t y Lx:jt;cn :. . Northwest Corporate Centre - - L-- Ncae~,t ir~tersi~aicn; Avery Road and Corporate Centre Drive Di:a~r.c~ Iran Nr~~r~sf Inter:av;tion: 200 feet N, S. E, W from Noarast lntorsocticn l li E°.istin:~ Lind U.^,ryDwelcpment: Vacant . . ;~,.,I,,,~:~.,f ;_.r~ :., :,.;;,'."iri;rr ,~'nt Office / Warehouse ..~,I'.!) ' ~ (~ ll 7 ~i~ ~ ~k~ ~ ;:, •: ;v 'r'~1 :~ , '+ '' `"" .~ a[.~tar.«-tJl- PLA-1C8 Dttiti C{/2E3/99 z~ EXHIBIT "B" s+ A Current or Existing Zoning District: Requested Zoning District: No. of Acres to be Rezoned: i PIP SO 1.401 acres STATEMENT: State briefly how the proposed zoning and development relates to the existing and potential future land use character of the vicinity. This 1.401 acre parcel is being "down zoned" from PIP, Planned Industrial Park, to SO, Suburban Office and Institutional District, as part of the condition for approval from the Board of Zoning Appeals on August 24, 2000: ' STATEMENT: State briefly how the proposed zoning and development relates to the Dublin Community Plan. I ~ This 1.401 acre parcel is being "down zoned" from PIP, Planned Industrial Park, to S0, Suburban Office and Institutional District, as part of the condition for approval from the Board of Zoning Appeals on August 24, 2000. IJ I I i t I, PREVIOUS APPLICATION? Has an application for rezoning the property been denied by the Cii`y Council within the !ast hvo (2) years? YES ^ NO ') IFr YES, UJHEN? j I~~ State the basis of reccnsideraticn: 1 t IF A PLANNED DISTRICT IS REQUESTED, IS COMPOSITE OR PRELIMINARY PLAN ATTACHED? YES ^ NO ^ li' A PLANNED DISTRICT iS REC! ~STED, 1S PROPOSED DEVELOP".tENT TEXT ATTACHED? YES ^ NO ^ II. PLEASE INCLUDE THE FOLLOWING- n 1a COPIES OF LEGAL DESCSIPTIGN: SSE ~N i BtT 4 ~ ~ , 9 "~ 4 ~' l_~ral doscrip!'cn cf ?he pro,~•~rtj to be rezoned consists of page{s). ~ ~ ~ `~ PL.1N REQUIREMENTS: 14 SETS OF PLANS TO SCALE (NOT GREATER THAN 2a' X 36') SHOWING: - a. Thr~ ~rito and all land 5C0 fucit brJyond the boundaries ~ ~I ~ ~ ~ ~~~ b. Ncnh arrow and bar scale c. Cxisting conditlc.~ns (Rajds, buildlnys, ~~~~c~tatlcn,topogrnphy, Jurisdlctlonal barndaric~.v, utilitir~:~, ntc.) ' d. Prcpcacki Uscjs (Ror;icn,tl tr3nspcrtation system, dc3nsilios, # cf dwnllings, building/unit Cypos, squan3 foot:ages, parkland/cpcxi space, etc.) ~~. Existing and prcpo;JCxi zcr,ing distrirt 6oundarios J F?~1mr.mq application PLa-1 C8 DatA 09/?.8/99 - EXHIBIT "B" CON f. Size of the site in acres square feet; and g. All property lines, street rights-of-way, easements, and other information related to the location of the proposed boundaries. 14 SETS OF REDUCED DRAWING(S) (NOT GREATER THAN 11' X 17') 14 COPIES OF COUNTY OWNERSHIP MAP: (NOT LESS THAN 8'/z' X 11' AND NOT MORE THAN 16' X 20') Showing contiguous property owners within 500 feet from the perimeter of the area to be rezoned. 1 TIGUOUS rnurttt ~ t vnrrv~rs~ List all neighboring property owners within 300 feet from the perimeter of the area to be rezoned. Such list to be in accordance with the County Auditor's current tax list. (Use additional sheets as necessary.) Labels formatted for Avery 5160 may be submitted as labels or on a computer disk. PROPERTY OWNER (not Mcrtgage Company or Tax Service) MAILING ADDRESS CITY/STATE~LIP CODE Troon Management, LTD. 4930 Reed Road Columbus, Ohio 43220 Dennis J. Hoffer P.O. Box 435 Dublin, Ohio 43017 Shamrock Lake Dev. Co. DBS Dev. Co., Inc. Dublin, Ohio 6223 Avery Road 43017 i Corporate Centre Dr., LLC Ben Jonozzo 6588 Brecksville Road Independence, Ohio 44131 Avery Crossing LP ~ Avery Crossing LP 400 S. 5th Street, Suite 400 Columbus, Ohio 43215 ` Lenhart-Frauenburg Partnership, LLP i 5720 Avery Road Dublin, Ohio 43016 1 I i I t ' t t %~ -1 I~~ J Rezoning Applicatlon PLA• 109 Dat© C9i~&'99 I'sgc J ~~f 5 ~ EXHl~IT "B" ~M. PROPERTY OWNER INFORMATION Name of Current Property Owner(s): -Mid-States Development Corp. Mailing Address: 6360 R1rigS Road, Amlin, Ohio 43002 (Street, Cif/, State, Zip Code) DaytimeTelephcne: (614) 889-1143 Fax. (614) 889-7841 Name of Contact Parson', (ex. Attorney, Architect, etc): Randall J Asmo ! 'F!ease complete the Agent Authorization, Section VII, below. . j 1~1ailing Address: 6360 Rings Road, (Street. Cm/, State, Zip Code) Amlin, Ohio 43002 ~ I CaytimeTelephone: (614) 889-1143, ext. 16 Fax. (614) i 889-7841 '."/hich of the above is the primar/ contact person? n/a (Randall J. Asmo is the Vice President of Mid-States Develop~ent Corp.) V. AUTHORIZATION TO VISIT THE PROPERTY Site visits to the prcpert/ are nE~cessary by City representatives in order to process this ap,^,licaticn. The Gwr,er/.applicant hereby auLhorizcs City representatives to ~rsit, phctu;raph anc' post a nelice cn the prepem/described in this applicaticr.. ~. UTILITY DISCLAI"AER The Cif/ of Cublin •.aill make c~~~ry effort to prcwide essential services to the property as needed. Havev~r, the rapid growth cf the City cf Cublin and nerthwEat Franklin County has stretches 'ha Cii`,/s capacity to prwido these sen~ces to the limit. As such, tho City of Dublin may be unable to make all cr part of said rr~w faclit!i3s available to the applicant until some futuro date. The Applic:anUCwner hereby acknowled,es that approval cf this request for rezoning by tha Dublin P!~inr.ing ar,d Zoning Ccm,mi>s.cn anther Cublin Cify Council dc~ r,et constitute a guarantee or binding commitment that the City of Cublin will ba able to provu'.e es•_entiai seRic~~s such as •.valer and sewer facilities when needed by said .applicant. VII. C'N`;ErR AUT1-!ORIZATIGN FCR REPRESENTATIVE I, ,the owner ar,d applicant, hereby authorize u fc act as .:-.y n:piwentat;:o and ayer,i in all mattory per:,,ining 'o'er e processing and apprcv,31 of this application including mor'.ifying iha projErt, and I agrec3 ;~ to hu bound by all reprosentaticns and agreements made by the designated agent. ;il~naUrr©of Currant Proporty Cwnor: ~-... Cnte: ~ J - -- Signature of Curr~nl Property Cwner. .~ DAte I ~. _. __ _ _ Vill. APPLICANT'S AFFICAVIT R~~rcn ;~,~~ ~la:.ratic n .~ PLA-1 C8 Detr, CS/2CJ99 EXHIBIT "B" STATE OF ()hi o COU~4T~0~ Frank7nin,r, and'un'Fierstand the co~ents of this and in ali respects tru and c t Stgnature of Applicant Authorized Represer• tiv Subscribed and sworn to before me this ' /~ ion. The information contained in best of my knowledge and belief. This rezoning application is being submitted per the attached letter ` dated November 27, 2000. the applicant or the applicant representative, have read ication, attached e~fiibits and other information submitted is complete C~~~ Date: day of ~7GI i1~1[ O. ~-v~ ~ ! ~4§' _~ ~L~ l~ YII Notary Public of ~ ~t,l~-t2, JEAN P. DAMS NOTARY pUnLIC, STATE OF p~0 MY COMM1SSiON E}CptR6g 8/~5~91 ~ `~ .. '~1 Rn:mm~ Apiuica4i;xi Pny~ 5 ct 5 Pl.,~- t CEl 09.'~.°..'97 I~