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HomeMy WebLinkAbout53-08 OrdinanceRECORD OF ORDINANCES 53-08 Ordinmu~e No. Passed , 20 AN ORDINANCE APPROPRIATING A 0.003 ACRES, MORE OR LESS, FEE SIMPLE INTEREST, A 0.025 ACRES, MORE OR LESS, UTILITY EASEMENT, AND A 0.022 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM THE ASMAN LAND CO. LTD., SAID ACREAGE LOCATED WEST OF INDUSTRIAL PARKWAY AND NORTH OF S.R. 161, TOWNSHIP OF JEROME, 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; and 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" located in the Township of Jerome, County of Union, State of Ohio. NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. A fee simple interest, utility easement, and temporary construction easement in and to the premises located in the Township of Jerome, State of Ohio, and more fully described in the legal descriptions attached hereto as Exhibit "A", Exhibit "B", and Exhibit "C" is hereby appropriated for the public purpose of improving the US 33/SR 161/Post Road interchange, pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio. Section 2. Council hereby fixes the value of the interest appropriated at five thousand seven hundred ninety-nine dollars (55,799.00) which sum shall be deposited with the Union County Common Pleas Court, for the use and benefit of the owners of the property appropriated as their interests may appear. Upon such deposit, the City of Dublin shall take possession of and enter upon the property pursuant to law. Section 3. Council finds that the appropriation is necessary for the stated purpose, that the City has been unable to agree with the owner of the property as to appropriate compensation, and that the City intends to obtain immediate possession of the property. Section 4. The City Law Director is directed to file a petition for appropriation in the Union County Common Pleas Court, to have a jury impaneled to assess the compensation to be paid for the real estate herein described above. Section 5. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the prompt improvement of US 33/SR 161/Post Road interchange is necessary to improve traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. this '~ day of , 2008. ~~/~_ ~ ~, Mayor -Presiding Officer U ATTEST: (~ ~/ ~ I hereby certify that copies of this Clerk of Council r finance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. D u y Clerk of Council, Dublin, Ohio ~SCHOTTENSTEIN ZOX& DU N Nco,,Nn MEMORANDUM TO: Dublin City Council Jane S. Brautigam, City Manager Paul A. Hammersmith, PE, Director of Engineering/City Engineer FROM: Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: July 31, 2008 RE: Ordinance No. 53-08 Land Appropriation -Asman Land Co. Ltd. U.S. Highway 33 and State Route 161 Interchange Improvement Project INTRODUCTION: This Ordinance is a follow-up to the Resolution passed by Council regarding this same property at the June 16, 2008 meeting. By way of background, the Resolution authorized the City to pursue all the necessary legal requirements to review the possible appropriation of property owned by the Asman Land Co. Ltd. The purpose of this Ordinance is to authorize the Law Department to pursue an eminent domain action in the appropriate Court of Common Pleas if, through good faith negotiations, the City cannot settle with the landowner. 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 (U.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 the Asman Land Co. Ltd. acquisition consisting of a 0.003 acres, more or less, fee simple interest, a 0.025 acres, more or less, utility easement, and a 0.022 acres, more or less, temporary construction easement in and to the premises located in Jerome Township, Union County, west of Industrial Parkway and North of State Route 161. Memo to Council re Ordinance 53-08 Memo to Council re Ordinance No. 53-08 Land Appropriation - Asman Land Co. Ltd. July 31, 2008 Page 2 of 2 ACTION TAKEN IN THIS CASE: Since the year 2006, the Law Department has been in contact with the landowner to inform the landowner of the upcoming construction and effect of the interchange improvement to the property. A title search was conducted and the appraisal for this property is complete. The appraiser determined the fair market value of the property as five thousand seven hundred ninety-nine dollars ($5,799.00). The Law Department engaged M/E Companies (Mr. James Howard) to negotiate the acquisition with the landowner. Mr. Howard has presented the offer of compensation to the Asman Land Co. Ltd. To date, the offer has not been accepted. As such, this Ordinance was prepared to authorize the City, through the Law Department, to allow for litigation in which the compensation to the landowner will be determined should settlement not be forthcoming. RECOMMENDATION: The Law Department recommends approval of Ordinance No. 53-08. ~~wszo.~om Columbus Cleveland Cincinnati (H1291414.1 ) 250 West Street, Columbus, Ohio 43275-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614462-2700 ~ Fax: 614-462-5135 RECORD dF dRDINl~NGES D I C I Olunr I u IV So ~OJI~ ~1. Ordinance No. _ _ Poaacd . 30 AN ORDINANCE APPROPRIATING A 0.003 ACRES, MORE OR LESS, FEE SIMPLE INTEREST, A 0.025 ACRES, MORE OR LESS, UTILITY EASEMENT, AND A 0.022 ACRES, MORE . OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM THE ASMAN LAND CO. LTD., SAID ACREAGE LOCATEll WEST OF INDUSTRIAL PARKWAY AND NORTH OF S.R. 161, TOWNSIiIP OF JEROME, 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 I61 hnterchange in Franklin and Union Counties; and 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" located in the Township of Jerome, County of Union, State of Ohio. NOW, THEREFORE, BE IT ORDAINEll by the Council, of the City of Dublin, State of Ohio, of the elected members concumng that: Section 1. A fee simple interest, utility easement, and temporary construction easement in and to the premises located in the Towuslrip of Jerome, State of Ohio, acrd more fully described in the legal descriptions attached hereto as Exhibit "A", Exhibit "B", and Exhibif "C" is hereby appropriated for the public purpose of improving the US 33/SR 161/Post Road interchange, pursuant to Ohio Revised Code Chapter .163 mrd the Constitution of the State of Ohio. Section 2. Council hereby fixes the value of the interest appropriated at five thousand seven hundred ninety-nine dollars ($5,799.00) which sum shall be deposited with Ore Union County Common Pleas Coun, for the use and bene5t of the owners of the property appropriated as their interests may appoar. Upon such deposit, the City of Dublin shall take possession of and enter upon the property pursuant to law. Section 3. Council finds that [he appropriation is necessary for the stated purpose, that the City has been unable to agree with the owner of the property as to appropriate compensation, and that the City intends to obtain immediate possession of the property. ' Section 4. The City Law Director is directed to file a petition for appropriation in the Union County Common Pleas Court, to have a jury impaneled to assess the compensation to be paid for the real estate herein described above. Section 5. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the prompt improvement of US 33/SR 161/Post Road interchange is necessary to improve irafftc circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this day of , 2008. Mayor -Presiding Officer ATTEST: Clerk of Counci] EXHIBIT e Page 1 of 2 RX 250 a ~I//"~C`" PID 80748 Rev. 10/06 8 PARCEL 72-WD CTY-RTE-SEC UNI-161-12.98 Version Date 04/06/07 PARCEL 72-WD UNI-161-12.98 ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE IN THE FOLLOWING DESCRIBED PROPERTY WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS 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). Surveyor's description of the premises follows] SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, JEROME TOWNSHIP, LOCATED IN VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE 1.124 ACRE TRACT CONVEYED TO THE ASMAN LAND CO., LTD., BY DEED OF RECORD IN OFFICIAL RECORD 140, PAGE 154, 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 RELOCATED INDUSTRIAL PARKWAY, 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 72-WD; BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLINE OF HYLAND-CROY ROAD (COUNTY ROAD 2), AT A COMMON CORNER OF VIRGINIA MILITARY SURVEYS 6420 AND 6748; THENCE SOUTH 84 DEG. 50 MIN. 41 SEC. WEST, A DISTANCE OF 2309.19 FEET ALONG SAID COMMON LINE OF VIRGINIA MILITARY SURVEYS 6420 AND 6748, TO AN IRON PIN SET IN THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF INDUSTRIAL PARKWAY (COUNTY ROAD 1); THENCE CONTINUING SOUTH 84 DEG. 50 MIN. 41 SEC. WEST, A DISTANCE OF 435.64 FEET ALONG SAID COMMON LINE OF VIRGINIA MILITARY SURVEYS 6420 AND 6748 TO A STONE FOUND AT A COMMON CORNER OF THE 4.653 ACRE TRACT CONVEYED TO JOHN L. WIRCHAINSKI BY DEED OR RECORD IN DEED BOOK 305, PAGE 88 AND THE ORIGINAL 5.000 ACRE TRACT CONVEYED TO JEROME I ASSOCIATES, LTD., BY DEED OF RECORD IN OFFICIAL RECORD 144, PAGE 334, AT AN ANGLE POINT IN THE NORTHERLY LINE OF SAID 1.124 ACRE TRACT; SAID STONE BEING 82.24 FEET RIGHT OF CENTERLINE STATION 18+95.60, AND BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 72-WD; THENCE NORTH 84 DEG. 50 MIN. 41 SEC. EAST, A DISTANCE OF 2.23 FEET ALONG THE COMMON LINE OF SAID VIRGINIA MILITARY SURVEYS 6420 AND 6748, AND SAID 1.124 AND 4.653 ACRE TRACTS, TO AN IRON PIN SET IN THE NEW SOUTHEASTERLY RIGHT-OF-WAY LINE OF RELOCATED INDUSTRIAL PARKWAY, BEING 84.06 FEET RIGHT OF CENTERLINE STATION 18+96.90; THENCE SOUTH 61 DEG. 43 MIN. 36 SEC. WEST, A DISTANCE OF 27.60 FEET ALONG THE NEW SOUTHEASTERLY RIGHT-OF-WAY LINE OF RELOCATED INDUSTRIAL PARKWAY, AND ACROSS SAID 1.124 ACRE TRACT, TO AN IRON PIN SET IN THE COMMON LINE OF SAID 1.124 ACRE TRACT AND SAID ORIGINAL 5.000 ACRE TRACT; SAID IRON PIN BEING 69.68 FEET RIGHT OF CENTERLINE STATION 18+73.33; RX 250 Rev. 09/06 EXHIBIT A PID PARCEL CTY-RTE-SEC Version Date Page 2 of 2 80748 72-WD LJNI-16]-12.98 04/06/07 THENCE NORTH 04 DEG. 00 MIN. 48 SEC. WEST, A DISTANCE OF 10.53 FEET ALONG THE COMMON LINE OF SAID ORIGINAL 5.000 AND 1.124 ACRE TRACTS, TO A POINT IN THE COMMON LINE OF VIRGINIA MILITARY SURVEYS 6420 AND 6748, AT A COMMON CORNER OF SAID ORIGINAL 5.000 AND 1.124 ACRE TRACTS, AND BEING 63.74 FEET RIGHT OF CENTERLINE STATION 18+82.03; SAID POINT BEING LOCATED SOUTH 04 DEG. 00 MIN. 48 SEC. EAST, A DISTANCE OF 0.13 FEET FROM AN IRON PIN FOUND; THENCE NORTH 84 DEG. 04 MIN. 54 SEC. EAST, A DISTANCE OF 22.94 FEET ALONG SAID COMMON LINE OF VIRGINIA MILITARY SURVEYS 6420 AND 6748, AND SAID ORIGINAL 5.000 AND 1.124 ACRE TRACTS, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 72-WD, CONTAINING 0.003 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, 0.003 ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PARCEL 15-003 ] 018.300, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00- 025.003. ALL IRON PINS SET ARE 3/4 INCHES IN DIAMETER BY 30 INCHES LONG, WITH A PLASTIC CAP STAMPED "R.D. ZANDE". ALL STATION AND OFFSET REFERENCES ARE TO THE AFOREMENTIONED CENTERLINE OF RIGHT-OF-WAY AND CONSTRUCTION OF RELOCATED INDUSTRIAL PARKWAY, UNLESS OTHERWISE SHOWN. THE BEARINGS FOR THE UNI-161-12.98 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 140, PAGE 154, OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. r,, ' ~ ~' ~~'EVEM ~ . ~~~DE~i b t" ,~~I~IBE'lfy1C'c-~l R. D. ZANDE AND ASSOCIATES, INC. -~ ~ y2~1/!i ~~O(ir~ REGISTERED SURVEYOR NO. 7191 DATE DETAIL No. 1 N.T.S. IPF 0.13'N V.M.S._6420 ~ ~ V.M.S. 6748 65 LOT 3 EXHIBIT B 3 a_ 0 N IA ° POINT OF z RUE ~' BEGINNING 65 71 R 433.41' L4 Lt _ _ S 84'50'41' W ---- -- 435.64' TOT. 72 0.003 ACRES -WD w w g w 0 rn 72 ~, 0 AMEtJDED JEROME INDUSTRIAL PARK P.B. 4, PG. 72 LOT I O RONALD E. do GLORIA 1. DEWOLF 27 15-0031018.400 5.000 ACRES OR 144, PG. 336 NUMBER DIRECTION DISTANCE Lt N 84'50'41" E 2.23' L2 S 61'43'36" W 27.60' L3 N 04'00'48" W 10.53' L4 N 84'04'54" E 22.94' f ~ .~ ~ ~ ~ '` N \?~ \4 Z ~ `~! 0 00 I \ 3pU N ~ ~~<° o " cn ~ ~ A ~ Z e -~~ao - ~ n 9 O O / 7,\ r ~ ~ V , 9 ~ ~ I ~ ~ \ \ ~ 7 SEE DETAIL \~ 5 BEGIN FOR REFERENCE '~ IPF 0.1. 1 5-003 7 01 8.200 do NO. 1 5 ORIG. 5.000 ACRES OR 144, PG. 334 ~ R ~ ~ /SO _ _ S 84 04'54' W 85 ~ i S 84'50'41' W ~V.M.S_ 6420 ~ _ _ ~ _ _ _ _ 2309.19'x° ~ V.M.S. 6748 ~ti• ~ ~ S 8450'41' w ,. 435.84' (STONE) ~ ~ 2 O VO/ O THE ASMAN LAND CO., LTD. ~ U 65 qy 72 15-0031018.300 \ ~ 3 1.124 ACRES \ X ASSOCIATES, LTD. ~\ '~' OR 140, PG. 154 I'~ 15-0031018.001 " Q' ~f\ \ ORIG. 37.998 ACRES ~'\ 65 OR 95, PG. 346 `' f MONUMENT LEGEND ® STONE FOUND A' R.R.S. FOUND O R/W MONUMENT FOUND O REBAR FOUND O IRON PIN FOUND m I.P.F. WRH I.D. CAP • BA 3/4" IRON PIN SET SIS OF BEARINGS THIS PARCEL UES WITHIN ZONE "X" OF THE "FlRM" COMMUNITY PANEL N0. 390808 0150 C, WITH AN EFFECTIVE DATE OF 10/03/08 IRON PINS SET ARE 3/4' DIAMETER BY 30' LONG WRH A PLASTIC CAP. BEARING THE NAME 'R.D. ZANDE do ASSOC.' THE BEARINGS FOR THE UNI-181-12.98 PROJECT ARE BASED UPON STATE PLANE GRID BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (BB), AS MEASURED USING G.P.S. METHODS THROUGH THE FRANKLIN COUNTY ENGINEER'S STATK)NS "FRANK 72", 'FRANK 172', 'EGGS 5538', AND 'EGGS 5534'. ~~ OF C ~~ STEVEN y q E. RADER a j° 7191 i 0 ~y'CAi r17t~'~'~P ,f~ONAL ~J PARCEL 72-WD UNI-181-12.98 COUNTY OF UAiION, ,TER01[$ 1'I/P., OHIO Virginia llilitnry Survey 8748 0 200 400 srru.E IN r,>:r Prepared B7 RD. Sande ~ Associatat Jnc. f~~ jiaxt SAO/lf ~1., .SI/ia(f ~~ D ~ o~ ,~~, • /s~~~+Iss ~s9 Rpi~t~nd Surveyor /7191 DOt~ E~XjH~IBIT RX 282 I~ PID Rev. 09/06 JJJ ~J PARCEL CTY-RTE-SEC Version Date PARCEL 72-U UNI-161-12.98 PERPETUAL EASEMENT FOR UTILITY PURPOSES IN THE NAME AND FOR THE USE OF CITY OF DUBLIN A perpetual easement for general utility and drainage purposes Page 1 of 2 80748 72-U UNI-161-12.98 04/06/07 Surveyor's description of the premises follows] SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, JEROME TOWNSHIP, LOCATED IN VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE 1.124 ACRE TRACT CONVEYED TO THE ASMAN LAND CO., LTD., BY DEED OF RECORD IN OFFICIAL RECORD 140, PAGE 154, 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 RELOCATED INDUSTRIAL PARKWAY, 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 72-U; BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLINE OF HYLAND-CROY ROAD (COUNTY ROAD 2), AT A COMMON CORNER OF VIRGINIA MILITARY SURVEYS 6420 AND 6748; THENCE SOUTH 84 DEG. 50 MIN. 41 SEC. WEST, A DISTANCE OF 2309.19 FEET ALONG SAID COMMON LINE OF VIRGINIA MILITARY SURVEYS 6420 AND 6748, TO AN IRON PIN SET IN THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF INDUSTRIAL PARKWAY (COUNTY ROAD 1); THENCE CONTINUING SOUTH 84 DEG. 50 MIN. 41 SEC. WEST, A DISTANCE OF 435.64 FEET ALONG SAID COMMON LINE OF VIRGINIA MILITARY SURVEYS 6420 AND 6748 TO A STONE FOUND AT A COMMON CORNER OF THE 4.653 ACRE TRACT CONVEYED TO JOHN L. WIRCHAINSKI BY DEED OR RECORD IN DEED BOOK 305, PAGE 88 AND THE ORIGINAL 5.000 ACRE TRACT CONVEYED TO JEROME I ASSOCIATES, LTD., BY DEED OF RECORD IN OFFICIAL RECORD 144, PAGE 334, AT AN ANGLE POINT IN THE NORTHERLY LINE OF SAID 1.124 ACRE TRACT; SAID STONE BEING 82.24 FEET RIGHT OF CENTERLINE STATION 18+95.60; THENCE NORTH 84 DEG. 50 MIN. 41 SEC. EAST, A DISTANCE OF 2.23 FEET ALONG THE COMMON LINE OF SAID VIRGINIA MILITARY SURVEYS 6420 AND 6748, AND SAID 1.124 AND 4.653 ACRE TRACTS, TO AN IRON PIN SET IN THE NEW SOUTHEASTERLY RIGHT-OF-WAY LINE OF RELOCATED INDUSTRIAL PARKWAY (PARCEL 72-WD), BEING 84.06 FEET RIGHT OF CENTERLINE STATION 18+96.90, AND BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 72-U; THENCE CONTINUING NORTH 84 DEG. 50 MIN. 41 SEC. EAST, A DISTANCE OF 50.94 FEET ALONG THE COMMON LINE OF SAID VIRGINIA MILITARY SURVEYS 6420 AND 6748, AND SAID 1.124 AND 4.653 ACRE TRACTS, TO A POINT IN THE SOUTHEASTERLY LINE OF THE HEREIN DESCRIBED UTILITY EASEMENT, BEING 125.53 FEET RIGHT OF CENTERLINE STATION 19+26.47; THENCE SOUTH 61 DEG. 43 MIN. 36 SEC. WEST, A DISTANCE OF 83.46 FEET ALONG THE SOUTHEASTERLY LINE OF THE HEREIN DESCRIBED UTILITY EASEMENT, AND ACROSS SAID 1.124 ACRE TRACT, TO A POINT IN A COMMON LINE OF SAID 1.124 ACRE TRACT AND SAID ORIGINAL 5.000 ACRE TRACT, BEING 82.06 FEET RIGHT OF CENTERLINE STATION 18+55.22; EXHIBIT A Page 2 of z RX 282 PID Rev. 09/06 PARCEL 72-U CTY-RTE-SEC UNI-161-12.98 Version Date 04/06/07 THENCE NORTH 04 DEG. 00 MIN. 48 SEC. WEST, A DISTANCE OF 21.94 FEET ALONG THE COMMON LINE OF SAID ORIGINAL 5.000 AND 1.124 ACRE TRACTS TO AN IRON PIN IN THE NEW SOUTHEASTERLY RIGHT-OF-WAY LINE OF RELOCATED INDUSTRIAL PARKWAY (PARCEL 72-WD), BEING 69.68 FEET RIGHT OF CENTERLINE STATION 18+73.33; THENCE NORTH 61 DEG. 43 MIN. 36 SEC. EAST, A DISTANCE OF 27.60 FEET ALONG THE NEW SOUTHEASTERLY RIGHT-OF-WAY LINE OF RELOCATED INDUSTRIAL PARKWAY, AND ACROSS SAID 1.124 ACRE TRACT, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 72-U, CONTAINING 0.025 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, 0.025 ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PARCEL 15-003 ] 018.300, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00- 025.003. ALL IRON PINS SET ARE 3/4 INCHES IN DIAMETER BY 30 INCHES LONG, WITH A PLASTIC CAP STAMPED "R.D. ZANDE". ALL STATION AND OFFSET REFERENCES ARE TO THE AFOREMENTIONED CENTERLINE OF RIGHT-OF-WAY AND CONSTRUCTION OF RELOCATED INDUSTRIAL PARKWAY, UNLESS OTHERWISE SHOWN. THE BEARINGS FOR THE UNI-161-12.98 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 140, PAGE 154, OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. -6 ~x r ~ ~ rl ~ ~/f1,'j~f o \1 ~ _ / i. . I N ~ ~I/ s'n .~ 7~r . STESf~-~ ~, r ~~~~~ -o '. 733` ~~~ - ~% ~p,~~~`~~G~STE~~~' ~'~ . ~ ,. ~,,0,! ~~GPJRL ~~~,,~~`. ~~~AIaAI'.1 At A\4\~4 R. D. ZANDE AND ASSOCIATES, INC. ~?'y~ ~ ~ ~~~7 REGISTERED SURVEYOR NO. 7191 DATE DETAIL No. 1 s5 N.T.S. X72 1 IPF ~_Wp~ 0.13'N V.M.S._6420 _ _~ v _ L1 V.M.S. 6748 ~ m ~ J , J ss W °o a 0 LOT 3 r of EXHIBIT B VNING 71 R 71 _ L2 435.64' TOT. S 84'50'41' W i2~ 0.025 ACRES u 72 0 .~ AMENDED JEROME INDUSTRIAL PARK P.B. 4, PG. 72 LOT I O RONALD E. k GLORIA I. DEWOLF 27 15-0031018.400 5.000 ACRES OR 144, PG. 336 15-0031018.200 ORIG. 5.000 ACRES ~ OR 144, PG. 334 NUMBER DIRECTION DISTANCE L1 N 84'50'41' E 2.23' L2 N 84'50'41" E 50.94' L3 S 81'43'36" W 83.48' L4 N 04'00'48" W 21.94' L5 N 81'43'36" E 27.80' L8 N 04'00'48' W 10.53' L7 N 84'04'54" E 22.94' r P .~ 1c \~_ N ~ \f z yG m 3pUa N I \ d n zoaM ~ ~ x I ~ am `7d ~ ~~<o ~ ~-+ n ~ ~ 9 ~ \~ ~~ ~~` iPF / a.1a'w / 71 ~ BEGIN SEE DETAIL ~ 5 REFER ,~o ~. O V I ~~ CJ~ No. 1 5 R Y ~ ~ \ S 84'50'41" W _ _ _ _ _ 2309.19' ~ ~~ S 50'41'W-~-- - ~ J~~- ~ 435.84' (STONE) \` J THE MAN LAND CO., LTD. ~ U 72 15-0031018.300 \ ~ 1.124 ACRES \ w OR 140, PG. 154 Ff~ \ ~\ ~i \ i~ S 8404'54' W 65 ~~V.M.S_ 6420 - --~-_ ~ ~ V.M.S. 6748 y,~. 65 V~2/ JEROME I ASSOCIATES, LTD. 1 5-003 1 01 8.001 ORIG. 37.998 ACRES OR 95, PG. 346 ~3 ~ ~ 65 / _ MONUMENT LEGEND ® STONE FOUND A' R.R.S. FOUND O R/W MONUMENT FOUND O REBAR FOUND O IRON PIN FOUND m I.P.F. WITH I.D. CAP • 3/4" IRON PIN SE7 PARCEL 72-U THIS PARCEL uES wn1•w zoNE "x• RELOC. INDUSTRIAL PARKWAY OF THE 'FlRM" COMMUNTIY PANEL COUNTY OF UNION, JSRW(a TIIP., OHIO N0. 390808 0150 C, WITH AN EFFECTIVE DATE OF 10/03/08 Virginia Military Survey 8748 BASIS OF BEARINGS THE BEARINGS FOR THE RELOCATED INDUSTRIAL PARKWAY PROJECT ARE BASED UPON STATE PLANE GRID BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (BB), AS MEASURED USING G.P.S. METHODS THROUGH THE FRANKLIN COUNTY ENGINEER'S STATIONS 'FRANK 72', FRANK 172', 'EGGS 5538', AND 'EGGS 5534'. 0 200 goo ~I O F SCALE M FEET 'fir` ~y Prepared By ,~r STEVE o R~ Mande d• A.*.+nciatex fnc i "' E' 1600 Lade SAorr Dr., dri~ite 100 s RADER o ~ Cohanbar; OMo ~G980I c~ ~ 7191 0 '' PAone.• ~61fJ B-~3B9 ~',~~e~art'~'~ a~ONA1. SJ ~~~ ` Rpi~Gnd Sunyor /7191 Dab RX 286 Rev. 09/06 EXHIBIT Page 1 of 2 PID 80748 PARCEL 72-T CTY-RTE-SEC UNI-161-12.98 Version Date 04/06/07 PARCEL 72-T UNI-161-12.98 TEMPORARY EASEMENT FOR THE PURPOSE OF PERFORMING THE WORK NECESSARY TO PERFORM MINOR GRADING FOR APPROXIMATELY 24 MONTHS FROM DATE OF ENTRY BY THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION [Surveyor's description of the premises follows] SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, JEROME TOWNSHIP, LOCATED IN VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE 1.124 ACRE TRACT CONVEYED TO THE ASMAN LAND CO., LTD., BY DEED OF RECORD IN OFFICIAL RECORD 140, PAGE 154, 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 RELOCATED INDUSTRIAL PARKWAY, 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 72-T; BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLINE OF HYLAND-CROY ROAD (COUNTY ROAD 2), AT A COMMON CORNER OF VIRGINIA MILITARY SURVEYS 6420 AND 6748; THENCE SOUTH 84 DEG. 50 MIN. 41 SEC. WEST, A DISTANCE OF 2309.19 FEET ALONG SAID COMMON LINE OF VIRGINIA MILITARY SURVEYS 6420 AND 6748, TO AN IRON PIN SET IN THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF INDUSTRIAL PARKWAY (COUNTY ROAD 1); THENCE CONTINUING SOUTH 84 DEG. 50 MIN. 41 SEC. WEST, A DISTANCE OF 435.64 FEET ALONG SAID COMMON LINE OF VIRGINIA MILITARY SURVEYS 6420 AND 6748 TO A STONE FOUND AT A COMMON CORNER OF THE 4.653 ACRE TRACT CONVEYED TO JOHN L. WIRCHAINSKI BY DEED OR RECORD IN DEED BOOK 305, PAGE 88 AND THE ORIGINAL 5.000 ACRE TRACT CONVEYED TO JEROME I ASSOCIATES, LTD., BY DEED OF RECORD IN OFFICIAL RECORD 144, PAGE 334, AT AN ANGLE POINT IN THE NORTHERLY LINE OF SAID 1.124 ACRE TRACT; SAID STONE BEING 82.24 FEET RIGHT OF CENTERLINE STATION 18+95.60; THENCE NORTH 84 DEG. 50 MIN. 41 SEC. EAST, A DISTANCE OF 2.23 FEET ALONG THE COMMON LINE OF SAID VIRGINIA MILITARY SURVEYS 6420 AND 6748, AND SAID 1.124 AND 4.653 ACRE TRACTS, TO AN IRON PIN SET IN THE NEW SOUTHEASTERLY RIGHT-OF-WAY LINE OF RELOCATED INDUSTRIAL PARKWAY (PARCEL 72-WD), BEING 84.06 FEET RIGHT OF CENTERLINE STATION 18+96.90; THENCE CONTINUING NORTH 84 DEG. 50 MIN. 41 SEC. EAST, A DISTANCE OF 50.94 FEET ALONG THE COMMON LINE OF SAID VIRGINIA MILITARY SURVEYS 6420 AND 6748, AND SAID 1.124 AND 4.653 ACRE TRACTS, TO A POINT IN THE SOUTHEASTERLY LINE OF THE NEW UTILITY EASEMENT (PARCEL 72-U), BEING 125.53 FEET RIGHT OF CENTERLINE STATION 19+26.47, AND BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 72-T; THENCE CONTINUING NORTH 84 DEG. 50 MIN. 41 SEC. EAST, A DISTANCE OF 25.47 FEET ALONG THE COMMON LINE OF SAID VIRGINIA MILITARY SURVEYS 6420 AND 6748, AND SAID 1.124 AND 4.653 ACRE TRACTS, TO A POINT BEING 146.27 FEET RIGHT OF CENTERLINE STATION 19+41.26; RX 286 Rev. 09/06 F,XHiRiT A PID PARCEL CTY-RTE-SEC Version Date Page 2 of 2 80748 72-T LJN I-161-12.98 04/06/07 THENCE SOUTH 61 DEG. 43 MIN. 36 SEC. WEST, A DISTANCE OF 111.39 FEET ACROSS SAID 1.124 ACRE TRACT, TO A POINT IN A COMMON LINE OF SAID 1.124 ACRE TRACT AND SAID ORIGINAL 5.000 ACRE TRACT, BEING 88.25 FEET RIGHT OF CENTERLINE STATION 18+46.17; THENCE NORTH 04 DEG. 00 MIN. 48 SEC. WEST, A DISTANCE OF 10.97 FEET ALONG THE COMMON LINE OF SAID ORIGINAL 5.000 AND 1.124 ACRE TRACTS TO A POINT IN THE SOUTHEASTERLY LINE OF THE NEW UTILITY EASEMENT (PARCEL 72-U), BEING 82.06 FEET RIGHT OF CENTERLINE STATION 18+55.22; THENCE NORTH 61 DEG. 43 MIN. 36 SEC. EAST, A DISTANCE OF 83.46 FEET ALONG THE SOUTHEASTERLY LINE OF THE NEW UTILITY EASEMENT (PARCEL 72-U), AND ACROSS SAID 1.124 ACRE TRACT, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 72-T, CONTAINING 0.022 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, 0.022 ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PARCEL 15-0031018.300, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00- 025.003. ALL IRON PINS SET ARE 3/4 INCHES IN DIAMETER BY 30 INCHES LONG, WITH A PLASTIC CAP STAMPED "R.D. ZANDE". ALL STATION AND OFFSET REFERENCES ARE TO THE AFOREMENTIONED CENTERLINE OF RIGHT-OF-WAY AND CONSTRUCTION OF RELOCATED INDUSTRIAL PARKWAY, UNLESS OTHERWISE SHOWN. THE BEARINGS FOR THE UNI-161-12.98 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 140, PAGE 154, OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO. THIS TEMPORARY EASEMENT IS FOR THE PURPOSE OF PERFORMING THE NECESSARY MINOR GRADING WORK. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. +~+la!°~if 0•:x'9+,. °4`t. p'P ~~ T ~, :~I' ~' /. 'r ice;. ' ; ~ ~e 7k . STEVtA! }'r ~~~vt=~ -,~` ~?3.1 a C?- , ~.i~~ie~r~a~~~e~ R. D. ZANDE AND ASSOCIATES, INC. ~ ~ ~ ~ v7lrfJ REGISTERED SURVEYOR NO. 7191 DATE OF 71 IPF g5 R 435.64' TOT. 71 0.13'N S 84'50'41' W V.M.S. 6420 L3 L4 LS L6 V.M.S. 6748 /is \ .~ \ _"'o/ /iz \ . 6 l `u/ 6, 43 36 N 1 ~ 6 W F~^' S 65 ,~,Q. ~~ 7T 0.022 ACRES J 72 LOT 3 DETAIL No. 1 N.T.S. \f x ,~ \ ~ aZ m ~ '•~ ~ U o ~ ~+ f ~o~~ N ~ ~oa~ ~ \ zon .~ ~~~o ~ n O ;~\9r \ ~ 7 \ ,~ i ~ ~?` \ / n 9~t 71 <~ SEE DETALI \1c\ , AMENDED JEROME INDUSTRIAL PARK P.B. 4, PG. 72 LOT I O RONALD E. do GLORUI I. DEWOLF 27 15-0031018.400 5.000 ACRES a OR 144, PG. 336 ~~ o.13w R _ a 15-0031018.200 ,yon ORIG. 5.000 ACRES ~ OR 144, PG. 334 Sp S 84'04'54• W 65 ~ iQ _ ~V.M.S_ 6420 _ _ _ _ _ ~ V.M.S. 6748 -~ ~• O~~ / \ 65 ~' JEROME I ASSOCIATES, LTD. 15-0031018.001 ORIG. 37.996 ACRES OR 95, PG. 346 MONUMENT LEGEND ® STONE FOUND .O' R.R.S. FOUND O R/W MONUMENT FOUND O REBAR FOUND O IRON PIN FOUND m I.P.F. WfTH I.D. CAP ~ 3/4' IRON PIN SET +`~ ~~ / 65 o~ ~I V TVO. 1 R ~ \ \L \ S 84'50'41 • W _ _ _ _ _ 2309.19' ~ ~~~ 84T50'41. 1y +~-- - ~--J ~~ \ 435.64' I(STONE) J O THE ASMAN LAND CO., LTD. ~ U 72 15-0031018.300 \ ~ 1.124 ACRES x OR 140, PG. 154 w t^~\ \ ~\ 1c PARCEL 72-T THIS PARCEL UES WfTHIN 20NE 'x• RELOC. INDUSTRIAL PARKWAY OF THE 'FIRM' COMMUNRY PANEL N0. 390808 0150 C, WfTH AN COUNTY 0!' TINION, ,TER01[S TI/P., OHIO EFFECTNE DATE OF 10/03/08 Virglaie 1(ilitnry S~u~vey 8748 BASIS OF BEARINGS THE BEARINGS FOR THE RELOCATED INDUSTRIAL PARKWAY PROJECT ARE BASED UPON STATE PLANE GRID BEARINGS FROM THE OHIO COORDINATE SYSTEM. SOUTH ZONE, NAD 83 (BB), AS MEASURED USING G.P.S. METHODS THROUGH THE FRANKLIN COUNTY ENGINEER'S STATIONS 'FRANK 72', 'FRANK 172•, 'EGGS 5536•, AND 'EGGS 5534•. 0 2ao +oD O F SCE N FEET ~r STEVEN~y ~ A o * E' + RADER D s.+iocrot+; !sue RD. Pm~d ! l600 LaL•i SAo~r Dr., Stsiie f00 o 's ~ 7191 0 > o Cohonber3 OAfo I98A! (6f~ -IJB9 ~ f~~+/~TE~~' p B~ONAI 5J h ni ~ Ol ~ / t~r+d Surveyor /7111 --k -- d NUMBER DIRECTION DISTANCE L1 S 04'00'48' E 10.53' L2 S 04'00'48' E 21.94' L3 N 84'04'54' E 22.94' L4 N 84'50'41' E 2.23' L5 N 84'50'41' E 50.94' L6 N 84'50'41' E 25.47• L7 N 04'00'48• W 10.97'