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Home My WebLink About80-09 OrdinanceRECORD OF ORDINANCES Ordinance No. 80 -09 Passed . 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACCEPT THE DEDICATION OF A 0.032 ACRES, MORE OR LESS, PERMANENT BIKEPATH EASEMENT AND A 0.144 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM EASTRICH NO. 167 CORPORATION. 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 0.032 acres, more or less, permanent bikepath easement and a 0.144 acres, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit 'B" from Eastrich No. 167 Corporation; 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, r7 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 0.032 acres, more or less, permanent bikepath easement and a 0.144 acres, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit 'B" from Eastrich No. 167 Corporation. Section 2 . This Ordinance shall take effect and be in force on the earliest date permitted by law. Passed thi day of Qf P {1'l t7t1� , 2009. Mayor - Presiding Officer ATTEST: Clerk of Council I hereby certify that copies of this Ordinancei Resolution were posted in the City of Dublin in accordance with Section 4.12(a) of the Revised Charter of the City of Dublin. EXHIBIT DESCRIPTION A of a A 0.032 ACRES PERMANENT EASEMENT PARCEL for BIKE PATH PURPOSES across the lands of EASTRICH NO. 167 CORPORATION 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 5.601 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 Eastrich No. 167 Corporation (Grantor of this easement), of record in Official Record Volume 30448 Pg. A01, said 0.032 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 396.45 feet to the southwest comer of the said 5.601 acres parcel of the said Eastrich No. 167 Corporation (Grantor), and the true point of beginning of the 0.032 acres bike path permanent easement parcel being described; thence, northerly North 09° 22' 27" East a distance of 2.80 feet with the east line of BRE /ESA Properties LLC, of record in Instrument number 199706260032912 and the west Iine of said Grantor to a point, thence, easterly South 80 37' 33" East a distance of 504.78 feet leaving said BRE /ESA Properties LLC east line and through said Grantor's property to a point on the west line of Bank One Of Columbus, of record in Official Record Volume 01791 Pg. D13 and the Grantor's east line; thence, southerly South 05° 03' 51" West a distance of 2.81 feet with the said Bank One Of Columbus 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 504.99 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 0.032 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. 4 v/ Rog . Smith P.S., P.E. Ohio Registered S -6899 E L:\ Projects\ 14575996 \CIV L\ SURVEYOESCRIPTIONS (rev1) \I6PARCEL -P(rev 1).doc 10/14/2008,11:49:49 AM Page 1 of 1 Bike Path 0.032Ac. Permanent Easement Eastrich No. 167 Corporation City of Dublin County of Franklin State of Ohio Virginia Military Survey 2542 Eadddi No. 167 Corporation P.I.D. 273 - 003097 D.V. 30448A01 5.601 Ac. N09 °22'27 "E 16 2,80' .032 Ac, i ! Ex!sting Easement Plc; Book 55, Pcge 8 &9 —J S05 °03'51 °W 2,81' 3Z5037'33 - -504. -7 N8 0' 37 '33" - - MET _ W 5 04.99 - - - True'Poin RO PLACE of Beginning i i I � i �M. S 2542 No. I _ i t , LEGEND NEW EASEMENT AREA 0.032 Ac. -R M. TH e ,8739 V `r ROGW M. SMITH 15ej� P.S., P.E. OHIO REGISTERED SURVEYOR S -6899 City of Dublin County of Franklin State of Ohio Virginia Military Survey 2542 GRAPHIC SCALE BO 0 40 80 s ( IN FEET ) 1 inch = 80 ft. PROJECT: DUBLIN METROCENTER BIKE PATH JOB NO.:14575996 SUBJECT: EASTRICH NO. 167 CORP EASEMENT DATE: 14 OCT 08 BY: RMS CHECKED: JCS EXHIBIT "A" URs ARCHITECTS • ENGINEERS • PLANNERS 277 WEST NATIONWIDE BOULEVARD COLUMBUS, CH 43215 Tel: 614 -464 -4500 EXHIBIT DESCRIPTION (� of a 0.144 ACRES TEMPORARY EASEMENT PARCEL for BIKE PATH PURPOSES across the lands of EASTRICH NO. 167 CORPORATION 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 5.601 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 Eastrich No. 167 Corporation (Grantor of this easement), of record in Official Record Volume 30448 Pg. A01, said 0.1442 acres temporary easement parcel for bike path construction purposes being more particularly described as follows: Beginning for reference 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, with the northerly right of way line of Metro Place North, a distance of 396.45 feet to the southwest comer of the said 5.601 acres parcel of the said Eastrich No. 167 Corporation (Grantor); thence, North 09' 22' 27" East, with the east line of BRE /ESA Properties LLC, of record in Instrument number 199706260032912 and the west line of said Grantor, a distance of 2.80 feet to the true point of beginning of the 0.144 acres bike path temporary easement parcel being described; thence, North 09' 22' 27" East, continuing with the east line of BRE/ESA Properties LLC, and the Grantor's westerly, a distance of I2.20 feet to a point; thence, South 80' 37' 33" East, leaving said BRE/ESA Properties LLC easterly line and crossing the said Grantor's lands, a distance of 405.41 feet to a point; thence, North 09' 22' 27" East, continuing across the Grantor's lands, a distance of 4.21 feet to a point; thence, South 80' 37' 33" East, continuing across the said Grantor's lands, a distance of 50.77 feet to a point; thence, South 09' 22' 27" West, continuing across the Grantor's lands, a distance of 6.08 feet to a point; thence, South 80' 37' 33" East, continuing across the said Grantor's lands, a distance of 47.82 feet to a point in the west line of Bank One Of Columbus, of record in Official Record Volume 01791 Pg. D 13 and the Grantor's east line; thence, southerly South 05' 03' 51" West a distance of 10.36 feet with the said Bank One Of Columbus west line and said Grantor's east line to a point; thence, North 80' 37' 33" West, parallel to the Grantor's southerly line and the Metro Place North northerly right of way line, a distance of 504.78 feet to the true point of beginning of the bike path temporary easement parcel for construction purposes being described. The parcel, as described above, contains 0.144 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. ' tE�t VMS IL Ro r . Smith P.S., P.E. GI Ohio Registered Surveyor�� S -6899 «•_ L:\Projects \14575996 \CIV IL\SUR V EY\DESCRIPTIONS(rev 1)\ I6PARCEL -T(rev I ).doc 10/15/2008 9:39 AM Page 1 of 1 Bike Path 0.144 Ac. Temporary Easement Eastrich No. 167 Corporation City of Dublin County of Franklin State of Ohio Virginia Military Survey 2542 Eastrich No. 167 Corporation P.I.D. 273 - 003097 D.V. 30448AO1 5.601 Ac. 16 N09'22'27 "E 12.20; S80- 7 , 33 ,, E N09'22'27 "E 4n5 nI 4.21' 1� � 33 _ 5 0 4.78' — Beg METRO pE� E NOR _ r9 eb i i �— V .= No. S80'37'33 "E 47.82' S09'22'27"W 6.08' S80'37 3_» 50.77' 10.36' i LEGEND ® TEMP EASEMENT AREA 0.144 Ac. RDGER M. City of Dublin Sf,91TH S * g County of Franklin State of Ohio . 6899 :' Virginia Military Survey 2542 i '!¢; GRAPHIC SCALE 40 so GER S TH P. S., OHIO REGISTERED SURVEYOR (IN FEET ) S -6899 1 inch = 80 ft. PROJECT: DUBLIN METROCENTER BIKE PATH JOB NO.:14575996 URS o SUBJECT:EASTRICH NO. 167 CORP EASEMENTDATE: 17 OCT 08 ARCHITECTS • ENGINEERS • PLANNERS 277 WEST NATIONWIDE BOULEVARD y BY: RMS CHECKED: JCS EXHIBIT "A" COLUMBUS, DH 43215 Tel: 614- 464 -4500 � 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