HomeMy WebLinkAbout77-09 OrdinanceRECORD OF ORDINANCES
77 -09
Ordinance No. Passed 20_
AN ORDINANCE AUTHORIZING THE
EXECUTE NECESSARY CONVEYANCE DOCUMENTATION
TO ACCEPT THE DEDICATION OF A 0.016 ACRES, MORE
OR LESS, PERMANENT BIKEPATH EASEMENT AND A 0.065
ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION
EASEMENT FROM PINNACLE DUBLIN LIMITED LIABILITY
COMPANY.
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 0.016 acres,
more or less, permanent bikepath easement and a 0.065 acres, more or less, temporary
construction easement in and to the premises described in the attached Exhibit "A" and
Exhibit 'B" from Pinnacle Dublin Limited Liability Company; 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, -7-- 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 0.016 acres, more or less,
permanent bikepath easement and a 0.065 acres, more or less, temporary construction
easement in and to the premises described in the attached Exhibit "A" and Exhibit "B"
from Pinnacle Dublin Limited Liability Company.
Section 2 . This Ordinance shall take effect and be in force on the earliest date
permitted by law.
Passed this
' -7 day of —eo cpnb4o , 2009.
Mayor - Presiding Officer
ATTEST:
0 �
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.
uty Clerk of Council, Dublin, Ohio
EXIi1B1T
DESCRIPTION
of a
0.016 ACRES PERMANENT EASEMENT PARCEL
for
BIKE PATH PURPOSES
across the lands of
PINNACLE DUBLIN 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 2.678 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 Pinnacle Dublin Limited Liability Company (Grantor), of
record in Instrument number 199910270269923, said 0.016 acres permanent easement
parcel for bike path purposes being more particularly described as follows:
Beginning at an iron pin called and found in the northern right of way line of
Memo Place North at the southwesterly corner of the Grantor's said 2.678 acres parcel,
570 Metro Place North Limited Partnership 3.003 acres southeasterly comer, of record in
Official Record Volume 25266, Page A19, and the true point of beginning of the 0.0l6
acres bike path permanent easement parcel being described;
thence, North 12° 55' 55" East, with the easterly line of 570 Metro Place North
Limited Partnership and the Grantor's westerly line, a distance of 2.80 feet to a point,
thence, South 77 04' 05" East, leaving the said 570 Metro Place North Limited
Partnership easterly line and crossing the Grantor's lands, a distance of 159.50 feet to a
tangential point of curvature;
thence, easterly 84.89 feet continuing across the Grantor's lands on a curve to the
left, whose radius is 1367.17 feet, whose central angle is 03° 33' 28" and whose chord
bears South 78° 50' 49" East a chord distance of 84.88 feet to a point;
thence, South 80° 37' 33" East continuing across the Gram of s lands a distance of
3.43 feet to a point on the westerly right of way line of Upper Metro Place and the
Grantor's easterly line;
thence, South 57 55' 55" West with the said Upper Metro Place westerly right of
way line and said Grantor's easterly line a distance of 4.24 feet to an iron pipe found in
the northerly right of way line of said Metro Place North;
thence, North 80 37' 33" West along the Metro Place North northerly right of
way line a distance of 0.25 feet to a tangentiai point of curvature;
thence, westerly 85.07 feet with the Metro Place North northerly right of way line
on a curve to the right, whose radius is 1369.97 feet, whose central angle is 03° 33' 28"
and whose chord bears North 78 50' 49" West a chord distance of 85.05 feet to a point
of tangency on said northern right of way line of Metro Place North;
thence, westerly North 77 04' 05" West a distance of 159.50 feet along said
Metro Place North northerly 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 0.016 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. 'j. 1 n
Rog r . Smith ROGER M.
P.S., .E. 7JW
Ohio Registered Surveyor g(Ipg
5-6899 •• •:�E6r..ap t .
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MAIM. i2 .53 PM
Page 1 of I
Bike Path 0.016AC. Permanent Easement
PINNACLE DUBLIN LLC
City of Dublin County of Franklin
State of Ohio
13 / Virginia Military Survey 2542
570 Metro Nan
N'tA
Limited
O.R. 15%6
P4 A19
5.003 Ac.
i4
PmACLE MOM LLC
P.I.D. 273- 001927
Instr:#199910270269923 !
2.678 Ac.
Ex. Utility Easement /
Plot Book 59,
Page 8 &9
412'55'55 "E S80'37 331 !
2.80' 3.43' 1
S 7704 "05 " - _ _ Q 0333'28,.
E _ _ X367 .17'
47 7 . 04' 05 " 159.50' `Char L 84 >891 _
159 .50'
- METRO P LACE
- 9 _S78*50'49 "E a
84.89'
True Point NORT H
IPF'
4 = 03 '33'28" -
of Beginning
R=1 369.g7• IPF -'
0.016 Ac.
Char 9 - L_85,07' S57'55'55 "W/
7 8' 4.24'
C °8 5.05'
IPF N80'37'33 "W
21
�� 0.25'
Metrocenter Owners
! 11 IPF --
P.I.D. 273 - 001319
1
D.B. 3719, Pg. 325
Reserve "B"
LEGEND 9.051 Ac.
I !
o IPF - IRON PIN FOUND
1 1 !
NEW EASEMENT
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OHIO REGISTERED SURVEYOR
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GRAPHIC SCALE
w a ac w
IN FEET)
1 inch m 60 n.
PROJECT: DUBLIN METR BIKE PAIN JOB NO.a 4575996
SUBJECT: PINNACLE DUBLIN L EASEMENT DATE: 7 JAN 09 ARCNITEcn •ENGNFws • ft.-En
3)) KIT NAn= 8otAEV"0
8Y' RM$ CHECKED' JCS EXHIBIT 'A [Q.V.16VI. M 41319 TN: 61.- .6A -66W
EXHIBIT
DESCRIPTION 8
of a
0.065 ACRES TEMPORARY EASEMENT PARCEL
for
BIKE PATH PURPOSES
across the lands of
PINNACLE DUBLIN 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 2.678 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 Pinnacle Dublin LLC (Grantor of this casement), of
record in Instrument number 199910270269923, said 0.065 acres parcel for bike path
purposes being more particularly described as follows:
Beginning for reference at an iron pin called and found in the northern right of
way line of Metro Place North at the southeast comer of the said 2.678 acres parcel of the
said Pinnacle Dublin LLC; theme, North 12 55' 55" East a distance of 2.80 feet to the
true point of beginning of the 0.065 acres bike path temporary easement parcel being
described;
thence, northerly North 12 55' 55" East a distance of 7.93 feet with a line
common to the east line of 570 Metro Place North Limited Partnership, of record in
Official Record Volume 25266 Pg. Ai9 and said Grantor's west line to a point,
thence, easterly leaving said common line and through said Grantor's property the
following ten (10) courses:
1) South 77 04' 05" East a distance of 18.15 feet a point;
2) North 12 55' 55" East a distance of 13.85 feet a point;
3) South 77 04' 05" East a distance of 43.66 feet a point;
4) South 12 55' 55" West a distance of 13.33 feet a point;
5) South 77 04' 05" East a distance of 97.68 feet a point;
6) South 78 28' 29" East a distance of 84.38 feet a point;
7) South 80° 37' 33" East a distance of 4.83 feet a point;
8) North 57° 55' 55" East a distance of 15.69 feet a point;
9) North 12 55' 55" Fast a distance of 10.63 feet a point;
10) South 76° 27' 04" East a distance of 5.00 feet a point on the west right of way
line of Upper Metro Place;
thence, south westerly with said Upper Metro Place west right of way line and
said Grantor's cast line the following two (2) courses;
1) South 12o 55' 55" West a distance of 12.65 feet to a point;
2) South 57° 55' 55" West a distance of 23.42 feet to a point;
thence, westerly North 86° 38' 31" West a distance of 3.90 feet leaving said right
of way lim and through said Grantor's property to a point of curvature;
thence, westerly 84.91 feet on the arc of a curve to the right, whose radius is
1371.43 feet, whose central angle is 3 32' 51" and whose chord bears North 78 50' 51"
West a chord distance of 84.90 feet to a point;
theme, westerly North 77o 04' 05" West a distance of 159.50 feet to the true
point of beginning of the temporary easement parcel being described. The parcel, as
described above, contains 0.065 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 direct
supervision.
A plat of this description is attached to this document as Exhibit A and made a
permanent part thereof.
Rogt. Smith /, do£fi "A.
P.S., P.E. 7 a Gi �"AITH
Ohio Registered Surveyor on
S -6899 �':Pf6trrE4'E
L V,.%1457599 WIL9URVF,W ESCRiW]ONS( 0 %14PARCEL -T(av 1)
InnM 12:58 P.M
Page 1 of I
Bike Path 0.065 Ac. Temporary Easement
PINNACLE DUBLIN LLC
City of Dublin County of Franklin
State of Ohio
\ irginio Military Survey 2542
SJO Metro Place
North
Limited
Partnership
P..D. 273 - 002584
O.R. 25266
Pg. A19
3.003 Ac.
N12'55'55 "E
13.85'
_ S77'04'05" -
- - 18,15'
N12 -
�
S77.0 , "
True Poinl 1((4
f 8eginnieq
0.065 AC.
14
P009ACLE OUR% LLC
PAD. 273- 001927
Instr:1199910270269923
2.678 Ac.
576'27'04 "E
Er. U60ty Easement 5.00'
Plot Booty 59. N12'55'55 "E
Po9e a k 9 10.63'
512'55'55" N57'55'55 "-
13.33' 15.69'
- 8-7y S80'37'33 "E-
'7T 22sa t 4.83'
�` `Reterwxe Point - 'Ho PtACE NORTH 3
of Begimiig
13 7 1,a3'
Ccg4.90 .. �
Metrocenter Owners I N86'38'31 "W
P.I.O. 273 -M 1319 1 3.90'
D.B. 3719, Pg. 325 7S57-55'55 "W
"B"
Reserve 1 t
9.051 Ac 1 2142'
1
! 512'55'55 "W
LEGEND
12.65'
EASEMENT L.J
® TEMP
AREA
0.065 At.
GRAPHIC SCALE
IN FEET )
I Inch = 50 R
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PROJECT: DUBLIN METROCENTER BIKE PAM JOB NO.:14575996
SUBJECT: PINNACLE DUBLIN LLC EASEMENT D
BY RMS CHECKED: JCS EXHIBIT
� 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
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0 0 0 p� /
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j 600 'A� 472 570 '� 500
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DRAWN CHECKED DATE: JOB NO.
MSS KBR 10 -23 -09 07- 010 -CIP
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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