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HomeMy WebLinkAbout16-09 OrdinanceRECORD OF ORDINANCES 16-09 Ordinance No. Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF A 0.054 ACRES, MORE OR LESS, FEE SIMPLE INTEREST, A 0.049 ACRES, MORE OR LESS, STANDARD HIGHWAY EASEMENT, AND A 0.446 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM 7001 POST ROAD LLC, SAID ACREAGE LOCATED ON POST ROAD, WEST OF STATE ROUTE 33, CITY OF DUBLIN, COUNTY OF UNION, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin is preparing to improve the U.S. Highway 33 and State Route 161 Interchange in Franklin and Union Counties; WHEREAS, said improvement will require the City of Dublin to obtain a fee simple interest, utility easement, and temporary construction easement in and to the premises described in the attached Exhibit "A", Exhibit "B", and Exhibit "C" and located in the City of Dublin, Union County, Ohio. WHEREAS, the City desires to enter into a real estate purchase contract to acquire the 0.054 acres, more or less, fee simple interest, a 0.049 acres, more or less, standard highway easement, and a 0.446 acres, more or less, temporary construction easement in and to the premises as described in the attached Exhibits for the acquisition value of forty-nine thousand nine hundred seventy-two dollars (549,972.00). NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 2 of the elected members concurring that: Section 1. The/City Manager is hereby authorized to execute a real estate purchase contract, conveyance documentation and any necessary closing documents related to the acquisition of the 0.054 acres, more or less, fee simple interest, a 0.049 acres, more or less, standard highway easement, and a 0.446 acres, more or less, temporary construction easement and paying any related costs. Section 2. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The prompt improvement of U.S. Highway 33 and State Route 161 Interchange in Franklin and Union Counties is necessary to improve traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this l (r~ day of /~/l ~1Y-G~, , 2009. . , Mayor -Presiding Officer ATTEST: n ~ Clerk of Council SCH~TTENSTE I N ZOX~4;DUNN ME11fO~ZANDUM TO: Dublin City Council Terry Foegler, City Manager Paul A. Hammersmith, PE, Director ofEngineering/City Engineer FROM: Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: March 10, 2009 RE: Ordinance No. 16-09 - 7001 Post Road, LLC U.S. Highway 33 and State Route 161 Interchange Improvement Project Authorizing City Manager to Enter Into Contract of S ale and Purchase PROJECT BACKGROUND: The City of Dublin and the Ohio Department of Transportation (ODOT) are working together to make improvements to the US 33/SR 161/Post Road interchange. The current "tight diamond" configuration will be changed to a "Parclo A" configuration. This change means that loop ramps will be introduced to eliminate the need for left turns from the arterial road (i. e. S.R. 161 /Post Road) onto the freeway (LJ.S. 33). This project requires the acquisition of either a "partial take" (the purchase of a portion of the parcel for right-of--way} or a "total take" (the purchase of the entire parcel) from multiple property owners along this interchange. ACQUISITION INTRODUCTION: This memorandum discusses acquisition of property from 7001 Post Road LLC (d.b.a. Buckeye Check Cashing). The property consists of 0.054 acres, more or less, fee simple interest, a 0.049 _ . acres, more or less, standard highway easement, and a 0.446 acres, more or less, temporary construction easement located on the south side of Post Road, just east of Cosgray, and just west Columbus of Eiternam Road and the U.S. 33/S.R. 161 interchange within the City of Dublin, County of C-eveland Union, State of Ohio. Cincinnati ACTION TAKEN IN THIS CASE: Since the year 2006, the Law Department has been in contact with the landowners to inform them of the upcoming construction and effect of the interchange improvement to their property. Mr. Robert Heitzman has been the contact person for Buckeye Check Cashing throughout these negotiations. 250 WestStreet, Colurni~u~a, Ohio 43212538 • P.O. Bo;~ 165020, iuU.unbus, OH 4:21 Fr5020 • Voice: 614462-2700 • Fax: 614462-5135 Memo re. Ordinance 16-09 -Land Purchase, 7001 Post Road March 12, 2009 Page 2 of 2 A title search was conducted and an appraiser was engaged to determine the fair market value of the property. The Law Department also engaged M/E Companies (Mr. James Howard) to negotiate the acquisition with the landowner. Mr. Howard was able to reach agreement with the landowners for the City's appraised value of the property, forty-nine thousand nine hundred seventy-two dollars ($49,972.00}. This ordinance serves to authorize the City Manager to enter into a real estate purchase contract and execute all necessary conveyance documentation to consummate this acquisition. RECOMMENDATION: The Law Department recommends approval of Ordinance No. 16-09 ww.SZ~.com Columbus Cleveland Cincinnati 250 WestStreet, Colurni~u~a, Ohio 43212538 • P.O. Bo;~ 165020, iuU.unbus, OH 4:21 Fr5020 • Voice: 614462-2700 • Fax: 614462-5135 RX 252 Rev. 09/06 EXHIBIT a Page ] of 3 PID 80748 PARCEL 69-WL CTY-RTE-SEC LJNl-33-24.87 Version Date 05/09/07 PARCEL 69-WL UNI-33-24.87 ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE IN THE FOLLOWING DESCRIBED PROPERTY INCLUDING LIMITATION OF ACCESS Grantor/Owner, his heirs, executors, administrators, successors and assigns forever, are hereby divested of any and all abutter's rights, including access rights in, over and to the within described real estate, including such rights with respect to any highway facility constructed thereon (as used herein, the expression "Grantor/Owner" includes the plural, and words in the masculine include the feminine or neuter). (Surveyor's description of the premises follows] SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, CITY OF DUBLIN (WASHINGTON TOWNSHIP, FRANKLIN COUNTY), LOCATED IN VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE 14.847 ACRE TRACT CONVEYED TO 7001 POST ROAD LLC BY DEED OF RECORD IN OFFICIAL RECORD 586, PAGE 945, RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PARCEL OF LAND LYING ON THE RIGHT SIDE OF THE CENTERLINE OF RIGHT-OF- WAY AND CONSTRUCTION OF S.R. 161, AS ESTABLISHED BY A SURVEY MADE BY R.D. ZANDE & ASSOCIATES, INC., FOR THE CITY OF DUBLIN AND THE OHIO DEPARTMENT OF TRANSPORTATION IN 2005 AND 2006, AND BEING LOCATED WITHIN THE FOLLOWING DESCRIBED BOUNDARY POINTS OF PARCEL 69-WL; BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLINE OF EITERMAN ROAD AT THE INTERSECTION OF THE FRANKLIN /UNION COUNTY LINE; THENCE NORTH 87 DEG. 57 MIN. 12 SEC. WEST, A DISTANCE OF 120.71 FEET ALONG SAID COUNTY LINE TO A CONCRETE R/W MONUMENT FOUND AT AN ANGLE POINT IN THE EXISTING SOUTHWESTERLY RIGHT-OF-WAY LINE OF EITERMAN ROAD. THENCE NORTH 87 DEG. 55 MIN. 00 SEC. WEST, A DISTANCE OF 1606.91 FEET ALONG SAID COUNTY LINE TO A POINT IN THE COMMON LINE OF THE 74.503 ACRE TRACT CONVEYED TO UMC VENTURES CORPORATION BY DEED OF RECORD IN OFFICIAL RECORD 664, PAGE 360, AND THE 61.7701 ACRE TRACT CONVEYED TO PEWAMO, LTD., BY DEED OF RECORD IN OFFICIAL RECORD 579, PAGE 727; THENCE NORTH 04 DEG. 38 MIN. 54 SEC. WEST, A DISTANCE OF 369.79 FEET ALONG THE COMMON LINE OF SAID 74.503 AND 61.7701 ACRE TRACTS TO AN IRON PIN FOUND AT THE COMMON CORNER OF SAID 74.503 ACRE TRACT AND THE 1.187 ACRE TRACT CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN DEED BOOK 285, PAGE 585; THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE COMMON LINE OF SAID 74.503 AND 1.87 ACRE TRACTS; 1. THENCE NORTH 85 DEG. 21 MIN. Sl SEC. EAST, A DISTANCE OF 192.53 FEET TO AN IRON PIN FOUND AT A COMMON CORNER OF SAID 74.503 AND 1.87 ACRE TRACTS; SAID IRON PIN BEING 255.55 FEET RIGHT OF CENTERLINE STATION 34+36.93; 2. THENCE NORTH 04 DEG. 38 MIN. 46 SEC. WEST, A DISTANCE OF 198.56 FEET TO AN IRON PIN SET IN THE NEW SOUTHEASTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161 (PARCEL 68-WD); SAID IRON PIN BEING 70.00 FEET RIGHT OF CENTERLINE STATION 35+07.60; RX 252 Rev. 09/06 F.XHiRiT A PID PARCEL CTY-RTE-SEC Version Date Page 2 of 3 80748 69- W L UN1-33-24.87 05/09/07 THENCE NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 252.40 FEET ALONG THE NEW SOUTHEASTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161 (PARCEL 68-WD), AND ACROSS SAID 74.503 ACRE TRACT, TO AN IRON PIN SET AT THE SOUTHWESTERLY CORNER OF THE NEW LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161 (PARCEL 68-WL1); SAID IRON PIN BEING 70.00 FEET RIGHT OF CENTERLINE STATION 37+60.00; THENCE CONTINUING NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 52.72 FEET ALONG THE NEW SOUTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE ] 61 (PARCEL 68-WL1), AND ACROSS SAID 74.503 ACRE TRACT, TO AN IRON PIN SET IN A COMMON LINE OF SAID 74.503 AND 14.847 ACRE TRACTS; SAID IRON PIN BEING 70.00 FEET RIGHT OF CENTERLINE STATION 38+12,72, AND BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 69-WL; THENCE NORTH 15 DEG. 01 MIN. 19 SEC. WEST, A DISTANCE OF 40.38 FEET ALONG THE COMMON LINE OF SAID 74.503 AND ]4.847 ACRE TRACTS, TO A POINT IN THE EXISTING SOUTHEASTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161, AT A COMMON CORNER OF SAID 74.503 AND 14.847 ACRE TRACTS, BEING 30.30 FEET RIGHT OF CENTERLINE STATION 38+20.06; THENCE NORTH 66 DEG. 00 MIN. 42 SEC. EAST, A DISTANCE OF 60.74 FEET ALONG THE EXISTING SOUTHEASTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161, AND THE NORTHWESTERLY LINE OF SAID 14.847 ACRE TRACT, TO A POINT AT A COMMON CORNER OF SAID 14.847 AND 74.503 ACRE TRACTS, BEING 31.90 FEET RIGHT OF CENTERLINE STATION 38+80.78; THENCE SOUTH ] 5 DEG. 01 MIN. 19 SEC. EAST, A DISTANCE OF 38.75 FEET ALONG THE COMMON LINE OF SAID 14.847 AND 74.503 ACRE TRACTS, TO AN IRON PIN SET IN THE NEW SOUTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161, BEING 70.00 FEET RIGHT OF CENTERLINE STATION 38+73.74; THENCE SOUTH 64 DEG. 30 MIN. 09 SEC. WEST, A DISTANCE OF 6 ] .02 FEET ALONG THE NEW SOUTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161, AND ACROSS SAID 14.847 ACRE TRACT, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 69- WL, CONTAINING 0.054 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, 0.054 ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PARCEL 39-0001003.000, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00- 017.000. ALL IRON PINS SET ARE 3/4 INCHES IN DIAMETER BY 30 INCHES LONG WITH AN ALUMINUM CAP, BEARING THE NAME ODOT R/W AND R.D. ZANDE & ASSOCIATES. ALL STATION AND OFFSET REFERENCES ARE TO THE AFOREMENTIONED CENTERLINE OF RIGHT-OF-WAY AND CONSTRUCTION OF S.R. 161, UNLESS OTHERWISE SHOWN. THE BEARINGS FOR THE UNI-33-24.87 PROJECT ARE BASED UPON STATE PLANE GRID BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED USING G.P.S. METHODS THROUGH THE FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 72", "FRANK 172", "FCGS 5536", AND "FCGS 5534". RX 352 Re~~. 09/06 EXHIBIT A PID PARCEL CTY-RTE-SEC Version Date Page 3 of 3 80748 69- W L IJNI-33-24.87 05/09/07 THIS DESCRIPTION WAS PREPARED BY STEVEN E. RADER, REGISTERED SURVEYOR 7191, AND IS BASED UPON A SURVEY FOR THE CITY OF DUBLIN FROM OCTOBER, 2005 TO MARCH, 2006 BY R. D. ZANDE AND ASSOCIATES, INC., UNDER THE DIRECTION OF SAID SURVEYOR. GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN OFFICIAL RECORD 586, PAGE 945, OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. `, `,,. clYC3If7"C~~e pi t `f 1~,~.t . , ~,C ~Y ;k :3TE~OFN ~lr ~. ~~~~~ r~~~ ,., ,~ 'TAI },1 _I ~tl:'c1~~~ R. D. ZANDE AND ASSOCIATES, INC. RE ISTERED SURVEYOR NO. 7191 DATE - ,_~ ~~i~OVAL STA', ~~ APProved ----- - :, :~~oved ~w ._ -~~ ~ rove Area b~ lr~i~ial ~~ Date ~'~~ ~'~ar~n~ng Commas: i..~n ~o ~,~'.~. EXHIBIT B ~~,, 74 73 JOHN L. VICKERS 15-0031018.100 ORIG. 3.015 ACRES OR 378, PG. 869 LARRY D. & KAREN C. PETERS 17-0031020.100 1.190 ACRES D.B. 339, PG. 767 W EX~ RI I j~ X58 ,i; ~~- ~g1 ,, - ~ ,~, /~' 5 R ~op9~! // iw~,~rn -~/ 6~ 3~ RIW ~ ~ N, ' EX~ L5 'i68 1 l-w/ POINT OF TRUE BEGINNING 3 n o~ co r` M ~ ~M 0 64 z s7 ss UMC VENTURES L2 CORPORATION 39-0001003.100 74.503 ACRES OR 664, PG. 360 G M\~CO Op 2 p0 6pOPCRE PG X59 15 ~ e• 2~a~ ~ ., Ex. L' ND>USTI~AY I PAR ~- 'i GpNS~ ~~ RAW & ~ ~0 ~ JERpi ~W= _ i ~ i I ~ ~N OF p~g~1N 1, o. 00 9 6u91 69 NUMBER DIRECTION DISTANCE L1 N 8T57'12" W 120.71' LZ N 85'21'51" E 192.53' L3 N 04'38'46" W 198.56' L4 N 64'30'09" E 252.40' L5 N 64'30'09" E 52.72' L6 N 15'01'19" W 40.38' L7 N 66'00'42" E 60.74' L8 S 15'01'19" E 38.75' L9 S 64'30'09" W 61.02' UNION CO. F AR NKL~N 0~ O PEWAMO, LTD. 64 16-0001001.000 61.7701 ACRES OR 579, PG. 727 67 CITY OF DUBLIN 39 - 0001014.000 1.187 ACRES DB 285, PG. 585 THIS PARCEL LIES WITHIN ZONE 'X" OF THE "FlRM" MAP NUMBER 39049C0106H, WITH AN EFFECTNE DATE OF 3/16/04 BASIS OF BEARINGS THE BEARINGS FOR THE UNI-33-24.87 PROJECT ARE BASED UPON STATE PLANE GRID BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), AS `MEASURED USING G.P.S. METHODS THROUGH THE FRANKLIN '`LINTY ENGINEER'S STATIONS "FRANK 72", "FRANK 172", ~S 5536", AND "EGGS 5534". '~68- ~ l wls/ 68 UMC VENTURES CORPORATION 39-0001003.100 74.503 ACRES OR 664, PG. 360 ~~ 0.054 ACRES (GROSS) -0.000 ACRES (P.R.O.) 0.054 ACRES (NET) IRON PINS SET ARE 3/4" DIAMETER BY 30" LONG WITH AN ALUMINUM CAP, BEARING THE NAME "ODOT R/W AND R.D. ZANDE & ASSOC." ~ MONUMENT LEGEND STONE FOUND .O' R.R.S. FOUND O R/W MONUMENT FOUND ~ REBAR FOUND O IRON PIN FOUND m I.P.F. WITH I.D. CAP • 3/4" IRON PIN SET \~ ~~~ F~ ~r fj~ 'A \ ~i \ ~~ ~8~~.0p" W 1606, g 1~_ ~ -1 O 7001 POST ROAD LLC 69 39-0001003.000 14.847 ACRES OR 586, PG. 945 ~ '( O = ~~~`~~~P~'~STEVEN'':: ~~ * ~ E. `°~ RADER ~ jo4• 7191 ~O ~'tigF 6~' ~ ~'rS ON AL SJ~iiiJ~i ~~'d BEGIN FOR REFERENCE L~ ~~ PARCEL 69-WL UNI-33-24.87 UNION COUNTY CITY OF DUBLIN, OHIO (WASHINGTON TifP., F'RANKI.IN C0.) VIRGINIA I<[ILITARY SURVEY 8748 o too zoo SCALE IN FEET >~epa>u-ea By R.D. Zaar;dt ct Associates, Inc. >500 lake Shorn Dr:, Srate >00 Coltanbus; OAw f320~ Pte: (s>~ ,ras-~se.~ -$1~ Registered Surveyor X7191 Dote EXHIBIT Page I of 3 RX 270 ~ ~ PID 80748 Rev. 09%06 5 PARCEL 69-SH CTY-RTE-SEC UNI-33-24.87 Version Date OS'09,~07 PARCEL 69-SH UNI-33-24.87 PERPETUAL EASEMENT FOR HIGHWAY PURPOSES WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS An exclusive perpetual easement for public highway and road purposes, including, but not limited to any utility construction, relocation and/or utility maintenance work deemed appropriate by the State of Ohio, Department of Transportation, its successors and assigns forever. Grantor/Owner, for himself and his heirs, executors, administrators, successors and assigns, reserves all existing rights of ingress and egress to and from any residual area (as used herein, the expression "Grantor/Owner" includes the plural, and words in the masculine include the feminine or neuter). is description o.f the premises follows SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, CITY OF DUBLIN, LOCATED IN VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE 14.847 ACRE TRACT CONVEYED TO 7001 POST ROAD LLC BY DEED OF RECORD IN OFFICIAL RECORD 586, PAGE 945, RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO, AND BEMG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PARCEL OF LAND LYING ON THE RIGHT SIDE OF THE CENTERLINE OF RIGHT-OF- WAY AND CONSTRUCTION OF S.R. 161, AS ESTABLISHED BY A SURVEY MADE BY R.D. ZANDE & ASSOCIATES, INC., FOR THE CITY OF DUBLIN AND THE OHIO DEPARTMENT OF TRANSPORTATION IN 2005 AND 2006, AND BEING LOCATED WITHIN THE FOLLOWING DESCRIBED BOUNDARY POINTS OF PARCEL 69-SH; BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLINE OF EITERMAN ROAD AT THE INTERSECTION OF THE FRANKLIN / UN10N COUNTY LINE; THENCE NORTH 87 DEG. 57 MIN. 12 SEC. WEST, A DISTANCE OF 120.71 FEET ALONG SAID COUNTY LINE TO A CONCRETE MONUMENT FOUND AT AN ANGLE POINT IN THE EXISTING SOUTHWESTERLY RIGHT-OF-WAY LINE OF EITERMAN ROAD. THENCE NORTH 87 DEG. SS MIN. 00 SEC. WEST, A DISTANCE OF 1606.91 FEET ALONG SAID COUNTY LINE TO A POINT IN THE COMMON LINE OF THE 74.503 ACRE TRACT CONVEYED TO UMC VENTURES CORPORATION BY DEED OF RECORD IN OFFICIAL RECORD 664, PAGE 360, AND THE 61.7701 ACRE TRACT CONVEYED TO PEWAMO, LTD., BY DEED OF RECORD IN OFFICIAL RECORD 579, PAGE 727; THENCE NORTH 04 DEG. 38 MIN. 54 SEC. WEST, A DISTANCE OF 369.79 FEET ALONG THE COMMON LINE OF SAID 74.503 AND 61.7701 ACRE TRACTS TO AN IRON PIN FOUND AT THE COMMON CORNER OF SAID 74.503 ACRE TRACT AND THE 1.187 ACRE TRACT CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN DEED BOOK 285, PAGE S8S; THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE COMMON LINE OF SAID 74.503 AND 1.87 ACRE TRACTS; ] . THENCE NORTH 85 DEG. 21 MIN. S 1 SEC. EAST, A DISTANCE OF 192.53 FEET TO AN IRON PIN FOUND AT A COMMON CORNER OF SAID 74.503 AND 1.87 ACRE TRACTS; SAID IRON PIN BEING 255.55 FEET RIGHT OF CENTERLINE STATION 34+36.93; THENCE NORTH 04 DEG. 38 MIN. 46 SEC. WEST, A DISTANCE OF 198.56 FEET TO AN IRON PIN SET IN THE NEW SOUTHEASTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161 (PARCEL 68-WD); SAID IRON PIN BEING 70.00 FEET RIGHT OF CENTERLINE STATION 35+07.60; EXHIBIT A Page 2 of3 RX 270 PID 80748 Rev. 09/06 PARCEL 69-SH CTY-RTE-SEC UNI-33-24.87 Version Date THENCE NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 252.40 FEET ALONG THE NEW SOUTHEASTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161 (PARCEL 68-WD), AND ACROSS SAID 74.503 ACRE TRACT, TO AN IRON PIN SET AT THE SOUTHWESTERLY CORNER OF THE NEW LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161 (PARCEL 68-WL1); SAID IRON PIN BEING 70.00 FEET RIGHT OF CENTERLINE STATION 37+60.00; THENCE CONTINUING NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 52.72 FEET ALONG THE NEW SOUTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161 (PARCEL 68-WLl), AND ACROSS SAID 74.503 ACRE TRACT, TO AN IRON PIN SET IN A COMMON LINE OF SAID 74.503 AND 14.847 ACRE TRACTS; SAID IRON PIN BEING 70.00 FEET RIGHT OF CENTERLINE STATION 38+12.72, AND BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 69-SH; THENCE CONTINUING NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 61.02 FEET ALONG THE NEW SOUTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161 (PARCEL 69-WL), AND ACROSS SAID 14.847 ACRE TRACT, TO AN IRON PIN SET IN THE COMMON LINE OF SAID 14.847 AND 74.503 ACRE TRACTS, BEING 70.00 FEET RIGHT OF CENTERLINE STATION 38+73.74; THENCE SOUTH 1S DEG. Ol MIN. 19 SEC. EAST, A DISTANCE OF 35.59 FEET ALONG SAID COMMON LINE OF THE 14.847 AND 74.503 ACRE TRACTS, TO A POINT IN THE SOUTHEASTERLY LINE OF THE HEREIN DESCRIBED STANDARD HIGHWAY EASEMENT, BEING IOS.00 FEET RIGHT OF CENTERLINE STATION 38+67.26; THENCE SOUTH 64 DEG. 30 MIN. 09 SEC. WEST, A DISTANCE OF 61.02 FEET ALONG THE SOUTHEASTERLY LINE OF THE HEREIN DESCRIBED STANDARD HIGHWAY EASEMENT, AND ACROSS SAID 14.847 ACRE TRACTS TO A POINT IN THE COMMON LINE OF SAID 74.503 AND 14.847 ACRE TRACTS, BEING 1 OS.00 FEET RIGHT OF CENTERLINE STATION 38+06.25; THENCE NORTH 1 S DEG. Ol MIN. 19 SEC. WEST, A DISTANCE OF 35.59 FEET ALONG THE COMMON LINE OF SAID 74.503 AND 14.847 ACRE TRACTS, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 69-SH, CONTAINING 0.049 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, 0.049 ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PARCEL 39-0001003.000, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00- 017.000. ALL IRON PINS SET ARE 3/4 INCHES IN DIAMETER BY 30 INCHES LONG WITH AN ALUMINUM CAP, BEARING THE NAME ODOT R/W AND R.D. ZANDE & ASSOCIATES. ALL STATION AND OFFSET REFERENCES ARE TO THE AFOREMENTIONED CENTERLINE OF RIGHT-OF-WAY AND CONSTRUCTION OF S.R. 161, UNLESS OTHERWISE SHOWN. RX 270 Rev. 09/06 EXHIBIT A THE BEARINGS FOR THE UNI-33-24.87 PROJECT AR BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH USING G.P.S. METHODS THROUGH THE FRANKLIN COUNTY "FRANK ] 72", "FCGS 5536", AND "FCGS 5534". Page 3 of 3 PID g07gg PARCEL 69-SH CTY-RTE-SEC UN1-33-24.87 Version Date E BASED UPON STATE PLANE GRID ZONE, NAD 83 (86), AS MEASURED ENGINEER'S STATIONS "FRANK 72", THIS DESCRIPTION WAS PREPARED BY STEVEN E. RADER, REGISTERED SURVEYOR 7191, AND IS BASED UPON A SURVEY FOR THE CITY OF DUBLIN FROM OCTOBER, 2005 TO MARCH, 2006 BY R. D. ZANDE AND ASSOCIATES, INC., UNDER THE DIRECTION OF SAID SURVEYOR. GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN OFFICIAL RECORD 586, PAGE 945, OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. fF~'FS1.,. ff.,. tl~r _ ~' STEV~t~ .~.'_ ~~~;~~ v R. D. ZANDE AND ASSOCIATES, INC. REGISTERED SURVEYOR NO. 7 ] 9 ] DATE EXHIBIT B NE~~, 74 73 JOHN L. VICKERS 15-0031018.100 ORIG. 3.015 ACRES OR 378, PG. 869 LARRY D. do KAREN C. PETERS 17-0031020.100 1.190 ACRES D.B. 339, PG. 767 W EX• RI 15 MSC o00 OON p 3~0 S 2 6~ 2~ ~~ pG O o •g' Ag9 ~A'R D,u5TR1 pY Ex' IN pAR/ GONE . ~ ~~w >~ q0 , i ~ JEROi ~~-~~~ i ~ ~~ OF O~g~~N ~. RI'" ~x. ~ ~ ~ 3a , 1 ~ y i~ S .R ~~/~ 6 ~'O9~ / ~~ 3 N 6a 3% EX ~RIw / i~~/ice /1 / ~ W ~ ~~ l`H~? ~M, E 3 :r ~n ~ r7 ~ ~ 0 z 64 3 0 8 N ~~~ X68 WLI~ POINT OF TRUE BEGINNING J 67 68 UMC VENTURES L2 CORPORATION 39-0001003.100 74.503 ACRES OR 664, PG. 360 ~~88 / ls~ ~B9 ~ ~ ~. 69 SH 0.049 ACRES sa 69 NUMBER DIRECTION DISTANCE L1 N 8T57'12" W 120.71' L2 N 85'21'51" E 192.53' L3 N 04'38'46" W 198.56' L4 N 64'30'09" E 252.40' L5 N 64'30'09" E 52.72' L6 N 64'30'09" E 61.02' L7 S 15'01'19" E 35.59' L8 S 64'30'09" W 61.02 L9 N 15'01'19" W 35.59' UMC VENTURES CORPORATION 39-0001003.100 74.503 ACRES OR 664, PG. 360 a ~_ . ~~ p MONUMENT LEGEND STONE FOUND A' R.R.S. FOUND O R/W MONUMENT FOUND ~ REBAR FOUND O IRON PIN FOUND m I.P.F. WITH I.D. CAP • 3/4" IRON PIN SET \ ~~ ~ ~~ ~~ ,~~ ~~ ~~ ~~ UNION CO. FRANK~Q ~T_oo" w ,606.g1~- ~ ~ 1 _~ 64 PEWAMO, LTD. ~ 16-0001001.000 i 61.7701 ACRES tS OR 579, PG. 727 CITY OF DUBLIN c O 67 39-0001014.000 i 1.187 ACRES DB 285, PG. 585 O 7001 POST ROAD LLC 69 39-0001003.000 14.847 ACRES OR 586, PG. 945 THIS PARCEL UES WffHIN ZONE "X" OF THE "FIRM" MAP NUMBER 39049C0106H, WfTH AN EFFECTNE DATE OF 3/16/04 BASIS OF BEARINGS THE BEARINGS FOR THE UNI-33-24.87 PROJECT ARE BASED UPON STATE PLANE GRID BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED USING G.P.S. METHODS THROUGH THE FRANKLIN COUNTY ENGINEER'S STATIONS 'FRANK 72", "FRANK 172', 'EGGS 5536', AND 'EGGS 5534'. 'Iii~i~~~~~.OF~. ~'~,~P~ STEVEN'';y yf E. ° ~~ RADER }~ c.9 7191 c ~>° ism ~'° ~ a T tP~J ~~~ '+as~ONAL 5..d~~~ ~~'d BEGIN FOR REFERENCE L_ 1 ~~ ~ PARCEL 69-SH UNI-33-24.87 CITY OF DUBLiN, UNION COUNTY, OHIO VIRGINIA YII.iTARY SURVEY 6748 O 100 200 SCALE IN FEET Prepared By R.~ Za~nd. ~ Associars Inc. 1600 Lak, sAo,Y Dr., Suil~ ~~~ Columbus, DAw ~3Z0~ PAon~: ~~~ 6-389 / ~G~ S09/~ l' Rsgieterod Surveyor 7191 Dote EXHIBIT RX 286 ~ C PID Rev. 09/06 PARCEL CTY-RTE-SEC Version Date PARCEL 69-T UNI-33-24.87 TEMPORARY EASEMENT FOR THE PURPOSE OF PERFORMING THE WORK NECESSARY TO TO RECONSTRUCT AND REMOVE A DRIVE FOR APPROXIMATELY 24 MONTHS FROM DATE OF ENTRY BY THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION is description of the premises follows Page 1 of 2 80748 69-T UNI-33-24.87 06/04/07 SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, CITY OF DUBLIN, LOCATED IN VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE 14.847 ACRE TRACT CONVEYED TO 7001 POST ROAD LLC BY DEED OF RECORD IN OFFICIAL RECORD 586, PAGE 945, RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PARCEL OF LAND LYING ON THE RIGHT SIDE OF THE CENTERLINE OF RIGHT-OF- WAY AND CONSTRUCTION OF S.R. 161, AS ESTABLISHED BY A SURVEY MADE BY R.D. ZANDE & ASSOCIATES, INC., FOR THE CITY OF DUBLIN AND THE OHIO DEPARTMENT OF TRANSPORTATION IN 2005 AND 2006, AND BEING LOCATED WITHIN THE FOLLOWING DESCRIBED BOUNDARY POINTS OF PARCEL 69-T; BEGINNING FOR REFERENCE AT AN IRON PIN SET AT THE INTERSECTION OF NEW THE SOUTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF S.R. 161 WITH A WESTERLY COMMON LINE OF SAID 14.847 ACRE TRACT AND THE 74.503 ACRE TRACT CONVEYED TO UMC VENTURES CORPORATION BY DEED OF RECORD IN OFFICIAL RECORD 664, PAGE 360; SAID IRON PIN BEING 70.00 FEET RIGHT OF CENTERLINE STATION 38+12.72; THENCE SOUTH 15 DEG. O1 MIN. 19 SEC. EAST, A DISTANCE OF 35.59 FEET ALONG SAID WESTERLY COMMON LINE OF THE 14.847 AND 74.503 ACRE TRACTS, TO A POINT IN THE SOUTHEASTERLY LINE OF THE NEW STANDARD HIGHWAY EASEMENT (PARCEL 69-SH), BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 69-T; SAID POINT BEING 105.00 FEET RIGHT OF CENTERLINE STATION 38+06.25; THENCE NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 61.02 FEET ALONG THE SOUTHEASTERLY LINE OF SAID NEW STANDARD HIGHWAY EASEMENT, AND ACROSS SAID 14.847 ACRE TRACT TO A POINT IN A EASTERLY COMMON LINE OF THE 14.847 AND 74.503 ACRE TRACTS, BEING 105.00 FEET RIGHT OF CENTERLINE STATION 38+67.26; THENCE THE FOLLOWING THREE (3) COURSES AND DISTANCES ALONG THE EASTERLY AND NORTHEASTERLY COMMON LINES OF SAID 14.847 AND 74.503 ACRE TRACTS; THENCE SOUTH 15 DEG. OI MIN. 19 SEC. EAST, A DISTANCE OF 181.23 FEET TO A POINT OF CURVATURE, BEING 283.21 FEET RIGHT OF CENTERLINE STATION 3 8+34.31; 2. THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 95.00 FEET, A CENTRAL ANGLE OF 54 DEG. 54 MIN. 43 SEC., AN ARC LENGTH OF 91.05 FEET, THE CHORD TO WHICH BEARS SOUTH 42 DEG. 28 MIN. 41 SEC. EAST, A CHORD DISTANCE OF 87.60 FEET, TO A POINT OF TANGENCY; SAID POINT BEING 367.00 FEET RIGHT OF CENTERLINE STATION 38+59.90; 3. THENCE SOUTH 69 DEG. 56 MIN. 02 SEC. EAST, A DISTANCE OF 28.29 FEET TO A POINT, BEING 387.20 FEET RIGHT OF CENTERLINE STATION 38+79.70; EXHIBIT A Page 2 oft RX 286 PID 80748 Rev. 09/06 PARCEL 69-T CTY-RTE-SEC IJNI-33-24.87 Version Date 06/04/07 THENCE SOUTH 20 DEG. 03 MIN. S8 SEC. WEST, A DISTANCE OF 60.00 FEET ACROSS SAID 14.847 ACRE TRACT TO A POINT IN A SOUTHWESTERLY COMMON LINE OF SAID 14.847 AND 74.503 ACRE TRACTS, BEING 429.20 FEET RIGHT OF CENTERLINE STATION 38+36.86; THENCE THE FOLLOWING THREE (3) COURSES AND DISTANCES ALONG THE SOUTHWESTERLY AND WESTERLY COMMON LINES OF SAID 14.847 AND 74.503 ACRE TRACTS; 1. THENCE NORTH 69 DEG. 56 MIN. 02 SEC. WEST, A DISTANCE OF 28.29 FEET TO A POINT OF CURVATURE, BEING 409.00 FEET RIGHT OF CENTERLINE STATION 38+17.OS; 2. THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 155.00 FEET, A CENTRAL ANGLE OF 54 DEG. S4 MIN. 43 SEC., AN ARC LENGTH OF 148.55 FEET, THE CHORD TO WHICH BEARS NORTH 42 DEG. 28 MIN. 41 SEC. WEST, A CHORD DISTANCE OF 142.93 FEET TO A POINT OF TANGENCY, BEING 272.30 FEET RIGHT OF CENTERLINE STATION 37+75.31; 3. THENCE NORTH 15 DEG. O1 MIN. 19 SEC. WEST, A DISTANCE OF 170.14 FEET TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 69-T, CONTAINING 0.446 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, 0.446 ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PARCEL 39-0001003.000, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00- 017.000. ALL IRON PINS SET ARE 3/4 INCHES IN DIAMETER BY 30 INCHES LONG WITH AN ALUMINUM CAP, BEARING THE NAME ODOT R/W AND R.D. ZANDE & ASSOCIATES. ALL STATION AND OFFSET REFERENCES ARE TO THE AFOREMENTIONED CENTERLINE OF RIGHT-OF-WAY AND CONSTRUCTION OF S.R. 161, UNLESS OTHERWISE SHOWN. THE BEARINGS FOR THE UNI-33-24.87 PROJECT ARE BASED UPON STATE PLANE GRID BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED USING G.P.S. METHODS THROUGH THE FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 72", "FRANK 172", "FCGS 5536", AND "FCGS 5534". THIS DESCRIPTION WAS PREPARED BY STEVEN E. RADER, REGISTERED SURVEYOR 7191, AND IS BASED UPON A SURVEY FOR THE CITY OF DUBLIN FROM OCTOBER, 2005 TO MARCH, 2006 BY R. D. ZANDE AND ASSOCIATES, INC., UNDER THE DIRECTION OF SAID SURVEYOR. GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN OFFICIAL RECORD 586, PAGE 945, OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. ~'~~~'F~' •'i. ,~: ,~ - ~~vD~:. :, ~~ C R. D. ZANDE AND ASSOCIATES, INC. /~~ Gl~o 7 REGISTERED SURVEYOR NO. 7191 DATE f EXHIBIT B / LARRY D. do ~ 74 KAREN C. PETERS 75 ~ 17-0031020.100 1.190 ACRES ~~R . ~ ~ D.B. 339, PG. 767 / ~0/ i~ RI'" oNS~. ~X. ~~ & c ~~ 73 EX G~ ~ O9~ ~ 6~' ~0 o/ N /'`~ ~ /\ ' / i / '~ / / W .j~X RI ~ WDj pE M• S R. 16~ ~ cl`-RI '~_~- / , ~~ ~ ~ FORS i' ~~ ~a/ 9R EEREj ~ ~ ~ ~w8i.z ~ `~ .~Ip . , JER % bu8/N /T(,~~ 1 ^ e 1 /6S ~ wL1, i~ ( 68- ~ / ASH 1~ 68 UMC VENTURES CORPORATION 39-0001003.100 74.503 ACRES OR 664, PG. 360 69 -T 0.446 ACRES NUMBER DIRECTION DISTANCE L1 S 15'01'19" E 35.59' L2 N 64'30'09" E 61.02' L3 S 15'01'19" E 181.23' L4 S 69'56'02" E 28.29' L5 S 20'03'58" W 60.00' L6 N 69'56'02" W 28.29' L7 N 15'01'19" W 170.14' ( 69 1 ~-WL~ ~~ r69~ ~-SHE 69 J OI~~O / ~~oo cr ~ °o -v l Q i rn n°o~ ~c~nov /~ o~ ~ ~ O~ / .. i~ (68-~ / ~SH2~ p 68 UMC VENTURES CORPORATION 39-0001003.100 74.503 ACRES OR 664, PG. 360 w c, NUMBER DELTA ANG. RADIUS ARC LEN CHORD DIRECTION CHORD ' (s 69 C1 54'54'43" 95.00' 91.05' S 42'28'41" E 87.60 C2 54'54'43" 155.00' 148.55' N 42'28'41 " W 142.93' JOHN L. VICKERS 73 15-0031018.100 ORIG. 3.015 ACRES OR 378, PG. 869 O DON G. MITCHELL 75 17-0031020.000 2.67 ACRES D.B. 278, PG. 459 ~ MONUMENT LEGEND STONE FOUND .O' R.R.S. FOUND O R/W MONUMENT FOUND ~ REBAR FOUND O IRON PIN FOUND m I.P.F. WITH I.D. CAP • 3/4" IRON PIN SET 1~~iii~~' ~ ENO F~ ~ O y! E. 's° p~ ~DgR ~~ 9 Of ~ ''-S~ONAL ~'JAidl BASIS OF BEARINGS THE BEARINGS FOR THE UNI-33-24.87 PROJECT ARE BASED UPON STATE PLJWE GRID BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED USING G.P.S. METHODS THROUGH THE FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 72", "FRANK 172", "EGGS 5536", AND "EGGS 5534". PARCEL 69-T UNI-33-24.87 CITY OF DUBLIN, UNION COUNTY, OHIO VIRGINIA 11III.iTARY SURVEY 8748 o ao 100 SCALE IN FEET Prepared By R.D. Zasidi at Associated lnc. >500 Laks SAonr Df:, S'rsite >00 Colrss~tbug OAso ~59,20~ PAons: ~6>f X86-989 ~1~~~ Reyietsrod Surveyor /7191 Date