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Home My WebLink About79-09 OrdinanceRECORD OF ORDINANCES Ordinance No, 79 -09 Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACCEPT THE DEDICATION OF A 0.019 ACRES, MORE OR LESS, PERMANENT BIKEPATH EASEMENT AND A 0.097 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM BRE/ESA PROPERTIES LLC. WHEREAS, the City of Dublin desires to construct a bike path that will encircle the right of way of Metro Place (North and South); and WHEREAS, said construction shall require the City of Dublin to obtain a 0.019 acres, more or less, permanent bikepath easement and a 0.097 acres, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit 'B" from BRE/ESA Properties LLC; and WHEREAS, the City desires to execute any necessary conveyance documentation to obtain these property interests. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, _q_ of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to accept the dedication of a 0.019 acres, more or less, permanent bikepath easement and a 0.097 acres, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit 'B" from BRE/ESA Properties LLC. Section 2 . This Ordinance shall take effect and be in force on the earliest date permitted by law. Passed this M day of - L PYh� C!� , 2009. Mayor - Presiding Officer ATTEST: Clerk of Council I hereby certify that copies of this Ordinance/ Resolution were posted in the City of Dublin in accordance with Section 4.12(a) of the Revised Charter of the City of Dublin. 7uty Clerk of Council, Dublin, Ohio EXHIBIT DESCRIPTION of a 0.019 ACRES PERMANENT EASEMENT PARCEL for BIKE PATH PURPOSES across the lands of BRE/ESA PROPERTIES, LLC Situate in the State of Ohio, County of Franklin, and City of Dublin, being a part of Virginia Military Survey Number 2542, being a part the 2.957 acres described as part of Lot I of METROCENTER as the same is delineated in Plat Book 55, Pages 8 and 9, this and all further references being to the records of the Recorder's Office, Franklin County, Ohio, and conveyed to BRE/ESA Properties LLC (Grantor of this easement), of record in Instrument number 199706260032912, said 0.019 acres permanent easement parcel for bike path purposes being more particularly described as follows: Beginning at an iron pin called and found in the intersection of the northern right of way line of Metro Place North and the west right of way line of Upper Metro Place, thence South 80° 37' 35" East a distance of 99.87 feet to the southwest corner of the said 2.957 acres parcel of the said BRE/ESA Properties LLC (Grantor), and the true point of beginning of the 0.019 acres bike path permanent easement parcel being described; thence, north westerly North 32° 02' 45" West a distance of 8.89 feet with the east right of way line of Upper Metro Place and west line of said Grantor to a point, thence, south easterly South 60° 41'19" East a distance of 11.33 feet leaving said Upper Metro Place right of way line and through said Grantor's property to a point; thence, easterly South 80° 37' 33" East a distance of 291.81 feet to a point on the west line of Eastrich No. 167 Corporation, of record in Official Record Volume 30448 Pg. A01 and the Grantor's east line; thence, southerly South 09° 22' 27" West a distance of 2.80 feet with the said Eastrich No. 167 Corporation west line and said Grantor's east line to a point on the northern right of way line of said Metro Place North; thence, westerly North 80° 37' 33" West a distance of 296.58 feet along said Metro Place North right of way line to the true point of beginning of the permanent easement parcel for bike path purposes being described. The parcel, as described above, contains 0.019 acres, more or less. The basis of bearing is NAD83 (1986) using Franklin County Engineer Monuments and in Ohio State Plane Coordinates, South Zone (3402). This description is prepared from a field survey conducted by URS, Inc. in October, 2007, under my counsel and advice. A plat of this description is attached to this document as Exhibit A and made a permanent part thereof. Rog Smith OGry P.S., P.E. Ohio Registered Surveyor 8 ROGER M. S -6899 ! SMITH +II S ON9 �VRt/E`l� L:\Projecu \1 4575996 \CNIL \SURVEY\DESCRIPTIONS(rev 1)\ IS PARCEL -P(rev I ).doc 10/17/2008,11:46:32 AM Page 1 of 1 Path 0.019 Ac. Permanent Easem l� Q / 4 /a 1 LLC Franklin NOT% BRE/ESA PROPERTIES LLC P.I.D. 273 - 001309 Instr: #199706260032912 2.957 Ac. 15 Existing Easement S60'41'1 9 "E Plot Book 55, Page 8 & 9 11.33' 509'22'27 "W 2.80' S True Point 33 "E 291.81' _ of Beginnin N80 37'33 „W 96 58' \ 8.89' ME p =NORTH 0.019 Ac. IN No. 167 Corpo P.I.D. 273 -00: 0. R. V. 30448A0” 5.601 Ac. I i ! I ! I Metrocenter Owners P.I.D. 273 - 001319 D.B. 3719, Pg. 325 a Reserve "B" City of Dublin 9.051 Ac. County of Franklin ! I J State of Ohio Virginia Military Survey 2542 GRAPHIC SCALE j ! 50 0 25 50 0 ( IN FEET) 4 6 ° •, I inch = 50 ft. ROGER M. S * 8 SMITH 14 LEGEND %i 8899 NEW EASEMENT AREA 0.019 Ac. ROGER. SMITH 1,7 1, 7 ,96, P.S., E. OHIO REGISTERED SURVEYOR S -6899 PROJECT: DUBLIN METROCENTER BIKE PATH JOB NO.:14575996 BRE /ESA PROPERTIES City of Dublin County of State of Ohio Virginia Military Survey SUBJECT: BRE /ESA PROPERTIES EASEMENT DATE: 17 OCT 08 ARCHITECTS • ENGINEERS • PLANNERS 277 WEST NAMONVADE BOULEVARD BY: RMS CHECKED: JCS EXHIBIT "A" COLUMBUS, off 43215 T•I: 614- 464 -4500 EE7BIT DESCRIPTION of a � 0.097 ACRES TEMPORARY EASEMENT PARCEL for BIKE PATH PURPOSES across the lands of BRE/ESA PROPERTIES, LLC Situate in the State of Ohio, County of Franklin, and City of Dublin, being a part of Virginia Military Survey Number 2542, being a part the 2.957 acres described as part of Lot 1 of METROCENTER as the same is delineated in Plat Book 55, Pages 8 and 9, this and all further references being to the records of the Recorder's Office, Franklin County, Ohio, and conveyed to BRE/ESA Properties LLC (Grantor of this easement), of record in Instrument number 199706260032912, said 0.097acres parcel for bike path purposes being more particularly described as follows: Beginning at an iron pin called and found in the intersection of the northern right of way line of Metro Place North and the west right of way line of Upper Metro Place, thence South 80° 37' 35" East a distance of 99.87 feet to the southwest corner of the said 2.957 acres parcel of the said BRE /ESA Properties LLC (Grantor) and the east right of way line of Upper Metro Place, thence North 32° 02' 45" West a distance of 8.89 feet to the true point of beginning of the 0.097 acres bike path temporary easement parcel being described; thence, north westerly with said east right of way line and the Grantor's west line the following two (2) courses: 1) North 32 02' 45" West a distance of 19.39 feet to a point; 2) North I2° 57' 15" East a distance of 1.76 feet to a point; thence, easterly leaving said right of way line and through said Grantor's property the following seven (7) courses: 1) South 80 37' 33" East a distance of 5.01 feet to a point; 2) South 32° 02' 45" East a distance of 14.22 feet to a point; 3) South 80° 37' 33" East a distance of 152.05 feet to a point; 4) North 09° 22' 27" East a distance of 22.19 feet to a point; 5) South 80° 37' 33" East a distance of 51.35 feet to a point; 6) South 09° 22' 27" West a distance of 20.78 feet to a point; 7) South 80° 37' 33" East a distance of 97.36 feet to a point on a line common with the west line of Eastrich No. 167 Corporation, of record in Official Record Volume 30448 Pg. A01 and the Grantor's east line; thence, southerly with said common line South 09° 22' 27" West a distance of 10.90 feet to a point; thence, westerly leaving said common line and through said Grantor's property the following two (2) courses; 1) North 80° 37' 34" West a distance of 291.81 feet to a point; 2) North 60° 41' 19" West a distance of 1 1.33 feet to the true point of beginning of the temporary easement parcel being described. The parcel, as described above, contains 0.097 acres, more or less. The basis of bearing is NAD83 (1986) using Franklin County Engineer Monuments and in Ohio State Plane Coordinates, South Zone (3402). This description is prepared from a field survey conducted by URS, Inc. in October, 2007, under my advice and guidance. A plat of this description is attached to this document as Exhibit A and made a permanent part thereof. OF f RpBEii M. Rog . Smith �S�IZ� # EfwT►t P.S., P.E. Ohio Registered Surveyor �t S -6899 � L:1Projece \I45 75996 \CIVIL\ SURVEY\ DESCRIPTIONS (revs) \15PARCEL -T(rev 1).doc SoRYE 10/15 12008 9:32 AM Page 1 of 1 Bike Path 0.097 Ac. Temporary Easement BRE /ESA PROPERTIES LLC City of Dublin County of Franklin State of Ohio Virginia Military Survey 2542 r� U J Q W 1 a 1 r r N 12'57'15 "E 1.76' BREASA PROPER71ES LLC P.I.D. 273 - 001309 Instr: #199706260032912 2.957 Ac. - S80'37'33 "E 5.01' - S32'02'45 " N09'22 E .19 - 1T4. -, $� 2' 22.19' �i 52.0 ' - - - __ S09'22'27'W 37 ' 3 3"E� 20.78' 1.35' S80 ' 3 7'33 "E sir, 9 7.36' 8 1q W N60'41 1 9"W�i_ METRO P9gCE — _ 11.33 ��NORTH S09'22'27 "W TF - 6 ant- - 0.097 Ac. - -- _? 0.90' of Beginning N32'02 , 45' W 19.39' 1 1 I i i I I f i 'h Metrocenter Owners i P.I.D. 273 - 001319 D.B. 3719, Pg. 325 , > Reserve "B" City of Dublin 9.051 AC. County of Franklin State of Ohio Virginia Military Survey 2542 j GRAPHIC SCALE 50 0 25 5 0 1�- ( IN FEET ) 1 inch = 50 ft. R06ER M. • SMITH 6899 ? LEGEND ® TEMP AREA EASEMENT 0.097 Ac. P. S., E. ` BVRVE`t�0• OHIO REGISTERED SURVEYOR 400" „,046 S -6899 PROJECT: DUBLIN METROCENTER BIKE PATH JOB NO.:14575996 SUBJECT: BRE /ESA PROPERTIES EASEMENT DATE: 17 OCT 08 BY: RMS CHECKED: JCS EXHIBIT "A” ARCHITECTS • ENGINEERS • PLANNERS 277 WEST NATIONWIDE BOULEVARD COLUMBUS. OH 43215 Tel: 614- 464 -4500 15 � SCHOTTENSTEIN ZOMDUNN,,,. MEMORANDUM TO Dublin City Council Terry Foegler, City Manager Paul Hammersmith, PE, Director of Engineering /City Engineer FROM Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: November 12, 2009 RE: Ordinance Nos. 66 -09 through 80 -09 Bikepath Easement Dedications - Mefro Place Bikepath Installation PROJECT BACKGROUND: The City of Dublin ( "City ") has programmed the construction of a bikepath that would encircle the right of way of Metro Place (North and South) and connect to the existing path that parallels the pavement of Frantz Road. The project would enhance Metro Place as it would include not only the path itself, but new street lighting; the existing street lighting within the right of way is approximately thirty years old. All curbing, asphalt surface and landscaping would be replaced with like kind and quality by the contractor. The project was programmed for construction in 2009 pending the dedication of the necessary easements. Because this project provides an enhancement to the property within the Metro Center, the City entered into discussions with the property owners to obtain the necessary easements through dedication versus acquisition. In total, the project involves eighteen parcels and fifteen landowners. The City and the Law Department were able to secure the dedication of all land necessary to construct the proposed bikepath on Metro Place. The City need only execute and record the various easements dedicated to the City prior to initiating construction of the project. Ordinances 66 -09 through 80 -09 would provide the City Manager with the authority to execute this necessary conveyance documentation. It is anticipated that construction will be initiated on a limited basis in June of 2010, with the bulk of the construction to be completed in mid -July. This project will be funded from the Pizzufi TIE Fund. PROPERTY BEING DEDICATED FOR BIKEPATH CONSTRUCTION: The property interests that have been dedicated to the City for construction of the bikepath on Metro Place are: • Ordinance 66 -09: HPTRI Properties Trust - 0.062 Acres, More or Less, Permanent Bikepath Easement and a 0.115 Acres, More or Less, Temporary Construction Easement Memo re. Ordinances 66 -09 - 80 -09 Bikepath Easement Dedications - Metro Place Bikepath November 12, 2009 Page 2 of 3 • Ordinance 67 -09: McCormick Westpointe Metro Lakes, LLC (and Affiliated Companies) - 0.031 Acres, More or Less, Permanent Bikepath Easement and a 0.114 Acres, More or Less, Temporary Construction Easement • Ordinance 68 -09: Metrocenter Owners Association, Inc. - 0.057 Acres, More or Less, Permanent Bikepath Easement and a 0.061 Acres, More or Less, Temporary Construction Easement • Ordinance 69 -09: Metrocenter Office Investment, LLC - 0.029 Acres, More or Less, Permanent Bikepath Easement and a 0.125 Acres, More or Less, Temporary Construction Easement • Ordinance 70 -09: 495 Metro Place, LLC - 0.034 Acres, More or Less, Permanent Bikepath Easement and a 0.207 Acres, More or Less, Temporary Construction Easement • Ordinance 71 -09: 545 Metro Place, LLC - 0.048 Acres, More or Less, Permanent Bikepath Easement and a 0.093 Acres, More or Less, Temporary Construction Easement • Ordinance 72 -09: JP Morgan Chase Bank, N.A. - 0.007 Acres, More or Less, Permanent Bikepath Easement and a 0.061 Acres, More or Less, Temporary Construction Easement from JP Morgan Chase Bank, N.A. • Ordinance 73 -09: 570 Metro Place North Limited Partnership - 0.028 Acres, More or Less, Permanent Bikepath Easement and a 0.130 Acres, More or Less, Temporary Construction Easement • Ordinance 74 -09: Dublin Metro Hotel LLC - 0.032 Acres, More or Less, Permanent Bikepath Easement and a 0.133 Acres, More or Less, Temporary Construction Easement • Ordinance 75 -09: Ohio Society of Certified Public Accountants - 0.017 Acres, More or Less, Permanent Bikepath Easement and a 0.057 Acres, More or Less, Temporary Construction Easement • Ordinance 76 -09: Pizzuti Land LLC - 0.006 Acres, More or Less, Permanent Bikepath Easement and a 0.054 Acres, More or Less, Temporary Construction Easement • Ordinance 77 -09: Pinnacle Dublin Limited Liability Company - 0.016 Acres, More or Less, Permanent Bikepath Easement and a 0.065 Acres, More or Less, Temporary Construction Easement • Ordinance 78 -09: Two Metro Place Partners LLC - 0.011 Acres, More or Less, Permanent Bikepath Easement and a 0.190 Acres, More or Less, Temporary Construction Easement Memo re. Ordinances 66 -09 - 80 -09 Bikepath Easement Dedications - Metro Place Bikepath November 12, 2009 Page 3 of 3 • Ordinance 79 -09: BRE /ESA Properties LLC - 0.019 Acres, More or Less, Permanent Bikepath Easement and a 0.097 Acres, More or Less, Temporary Construction Easement • Ordinance 80 -09: Eastrich No. 167 Corporation - 0.032 Acres, More or Less, Permanent Bikepath Easement and a 0.144 Acres, More or Less, Temporary Construction Easement RECOMMENDATION: The Law Department recommends approval of Ordinance Nos. 66 -09 through 80 -09 at the second reading /public hearing on December 7, 2009. CITY OF DUBLIN DEPARTMENT OF DEVELOPMENT DIVISION OF ENGINEERING 5800 Shier Rings Road • Dublin, Ohio 43016 -1236 Phone (614)410 -4600 • Fax (614)761 -6506 07- 010 -CIP METRO PLACE NORTH & SOUTH BIKE PATH & STREET LIGHT IMPROVEMENTS S.R. 161 i. ,r ;), dn Q� so I c d CD 0 0 0 p� / -fL j 600 'A� 472 570 '� 500 600 w� 655 y 565 Tv— �� o J — 54 5 cp 0— ' 450 �' G 7' ! cr ° - 0 0 I 400 ,� I tj 495 ®I o L 0 0 -- Tn n ® ®�4L 485 0 1 0 DRAWN CHECKED DATE: JOB NO. MSS KBR 10 -23 -09 07- 010 -CIP ,._ 4W 2W 0 4W 0 a 0 z a LL- li 455 LJ CITY OF DUBLIN DEPARTMENT OF DEVELOPMENT DIVISION OF ENGINEERING 5600 Shier Rings Road • Dublin, Ohio 43016 -1236 Phone (614)410 -4600 • Fax (614)761 -6506 07- 010 —CIP METRO PLACE NORTH & SOUTH BIKE PATH & STREET LIGHT IMPROVEMENTS 435 METRO PLACE SOUTH HPTRI PROPERTIES TRUST 485 METRO PLACE SOUTH McCORMICK WESTPOINT METRO LAKES, LLC AND AFFILIATED COMPANIES RESERVES ALONG FRANTZ ROAD METROCENTER OWNERS ASSOCIATION, INC 655 METRO PLACE SOUTH METROCENTER OFFICE INVESTMENT. LLC 495 METRO PLACE SOUTH 495 METRO PLACE, LLC 545 METRO PLACE SOUTH 545 METRO PLACE, LLC 6275 FRANTZ ROAD JP MORGAN CHASE BANK. N.A. 570 METRO PLACE NORTH 570 METRO PLACE NORTH LIMITED PARTNERSHIP 600 METRO PLACE NORTH DUBLIN METRO HOTEL, LLC 535 METRO PLACE SOUTH THE OHIO SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS METRO PLACE SOUTH PIZZUTI LAND, LLC 500 METRO PLACE NORTH PINNACLE DUBLIN LIMITED LIABILITY COMPANY 565 METRO PLACE SOUTH TWO METRO PLACE PARTNERS, LLC 450 METRO PLACE NORTH BRE /ESA PROPERTIES, LLC 400 METRO PLACE NORTH EASTRICH NO.167 CORPORATION DRAWN CHECKED DATE: JOB NO. I MSS KBR 10 -23 -09 07- 010 —CIP