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HomeMy WebLinkAbout72-08 OrdinanceRECORD OF ORDINANCES Ordiru~t~ue No. 72-os Passed . ~0 AN ORDINANCE APPROPRIATING A 2.965 ACRES (WITH A 1.115 ACRES PRESENT ROAD OCCUPIED), MORE OR LESS, FEE SIMPLE INTEREST, A 0.886 ACRES, MORE OR LESS, STANDARD HIGHWAY EASEMENT, AND A 0.021 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM PEWAMO, LTD., LOCATED SOUTH OF STATE ROUTE 161 AND EAST OF COSGRAY ROAD, SLIGHTLY WEST OF THE U.S. 33 / S.R. 161 INTERCHANGE, CITY OF DUBLIN, COUNTIES OF UNION AND FRAi~iKLIN, 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, standard highway easement, and temporary construction easement in the premises described in the attached Exhibit "A", Exhibit "B", and Exhibit "C", located in the City of Dublin, Counties of Union and Franklin, State of Ohio. NOW, THF~REFORE, 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, standard highway easement, and temporary construction easement in the premises owned by Pewamo, Ltd. located in the City of Dublin, 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 hundred forty- eight thousand and forty-one dollars ($548,041), which sum shall be deposited with either or both the Franklin County Court of Common Pleas and the Union County Court of Common Pleas, 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 either or both the Franklin County Court of Common Pleas and the Union County Court of Common Pleas, 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. Passed this day of ~ loo ~.~, 2008. Mayor -Presiding Officer ATTEST: ~ C~~~~ Clerk of Council o ~SCHOTTENSTEIN ZOX&DUNN~~~~, 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: August 28, 2008 RE: Ordinance No. 72-08 Appropriation -Pewamo, 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 Pewamo, 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 acquisition of a 2.965 acres (with a 1.115 acres present road occupied), more or less, fee simple interest, a 0.886 acres, more or less, standard highway easement, and a 0.021 acres, more or less, temporary construction easement from Pewamo, Ltd., located south of S.R. 161 and east of Cosgray Road, slightly west of the U.S. 33 / S.R. 161 interchange City of Dublin, Counties of Franklin and Union, State of Ohio. Memo to Council re Ord. 72-08 Land Appropriation - Pewamo, Ltd. Property August 28, 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 hundred forty-eight thousand and forty-one dollars (S548,041). The Law Department engaged M/E Companies (Mr. James Howard) to negotiate the acquisition with the landowner. Pewamo, Ltd. acts as a proxy for Mr. Therll Clagg, who is the true landowner. Mr. Clagg has been generally unresponsive to all requests made by Mr. Howard to meet. Thus, negotiations for the purchase of this property have been stagnant. Mr. Clagg has received his offer of compensation via certified mail. 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. 72-08. ~.•~szo.<om Columbus Cleveland Cincinnati 250 West Street, Columbus, Ohio 43215-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614-462-2700 ~ Fax: 614-462-5135 EXHIBIT Page 7 of 3 RX 2S0 PID 66748 Rev. 70/W PARCEL 64~WD CTY-RTE-SEC tIND161-12.98 version Dare 03/31/07 PARCEL 64-WD UNI-161-12.98 ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE 1N 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" inctudes the plural, and words in the masculine include the feminine or neuter). Surveyor's description oC the premises followsl SITUATED ID7 THE STATE OF OHIO, PARTLY IN THE COUNTY OF UNION, JEROME TOWNSHIP, AND PARTLY IAI THE COUNTY OF FRANKLBJ, CITY OF DUBLIN (WASHINGTON 70WNSHIP, FRANKLIN CO.), LOCATED Rd VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE 61.7701 ACRE TRACT CONVEYED TO PEWAMO, LTD., BY DEEDS OF RECORD IN OFF1ClAL RECORD 579, PAGE 727 (UNION COUNTY RECORDER'S OFFICE), AND OF RECORD SN INSTRUMENT NUMBER 2004]0 12023 607 1 (FRANKLIN COUNTY RECORDER'S OFFICE), UNLESS OTHERWISE SHOWN, RECORDS OF THE RECORDER'S OFFICE, UN10N COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PARCEL OF LAND LYING ON THE LEFT AND RIGHT SIDES OF THE CENTERLINE OF RIGHT-OF-WAY AND CONSTRUCTION OF STATE ROUTE 16i, 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 FOLLOW [NG DESCRIBED BOUNDARY POINTS OF PARCEL 64-WD; BEGINNING FOR REFERENCE AT THE POINT OF INTERSECTION OF THE EXISTING CENTERLINE OF COSGRAY ROAD WITH SAID CENTERLINE OF RIGHT-OF-WAY AND CONSTRUCTION OF STATE ROUTE 161, BEING AT CENTERLINE STATION 19+42.80; THENCE SOUTH 09 DEG. 26 MIN. 02 SEC. EAST, A DISTANCE OF 7.82 FEET ALONG THE CF,NTERLRJE OF COSGRAY ROAD, TO A RAILROAD SPIKE FOUND IN THE SOUTHERLY LINE OF THE 2.189 ACRE TRACT CONVEYED TO IEROME I ASSOCIATES, LTD., BY DEED OF RECORD IN OFFICIAL RECORD 702 PAGE 520 (UNION COUNTY RECORDER'S OFFICE), AT THE COMMON CORNER OF THE 1.146 ACRE TRACT CONVEYED TO JEFFREY WEINGARTEN BY DEED OF RECORD IN OFFICIAL RECORD 2627 JIO (FRANKLIN COUNTY RECORDER'S OFFICE) AND THE LANDS CONVEYED TO JOHN L. BOND BY DEED OF RECORD iN OFFICIAL RECORD 917 F01 (FRANKLIN COUNTY RECORDER'S OFFICE); SAID RAILROAD SPIKE BEING 1.80 FEET RIGHT OF CENTERLINE STATION 19+42.51; THENCE NORTH 75 DEG. 03 MRJ. 45 SEC. EAST, A DISTANCE OF 116.00 FEET ALONG THE NORTHERLY LINE OF SAID BOND LANDS AND THE SOUTHERLY LINE OF SAID 2.189 ACRE TRACT AND THE SOUTHERLY LINE OF THE 5.240 ACRE TRACT CONVEYED 70 JEROME I ASSOCIATES, LTD., BY DEED OF RECORD IN OFFICIAL RECORD 95, PAGE 346, TO THE COMMON CORNER OF SAID 61.7701 ACRE TRACT AND SAID BOND LANDS; SAID POINT BEING 9.85 FEET RIGHT OF CENTERLINE STATION 20+58.12, AND BE]NG THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 64-WD; EXHIBIT A Page 2 of 3 RX?60 PiD BO7ag Rev. 09/06 PARCEL 64-WD CTY-RTE-SEC tiTll-167-)?.98 Version Dare 03.'31107 THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE NORTHERLY LINES OF SAID 61.7701 ACRE TRACT, THE SOUTHERLY LINE OF SAID 5.240 ACRE TRACT, AND THE SOUTHERLY L7*]E OF THE ORIGINAL 37.998 ACRE TRACT CONVEYED TO JEROME I ASSOCIATES, LTD., BY DEED OF RECORD IN OFFICIAL RECORD 95, PAGE 346, AND THE TANGENT CENTERLINE OF STATE ROUTE 161; I. THENCE NORTH ?S DEG. 03 MIN. 45 SEC. EAST, A DISTANCE OF 51.38 FEET TO AN ANGLE POINT, BEING 14.76 FEET RIGHT OF CENTERLINE STATION 2 t+09.22; 2. THENCE NORTH 65 DEG. 58 MIN. 10 SEC. EAST, A DISTANCE OF 1230.32 FEET TO A POINT AT THE COMMON CORNER OF SAID 61.7701 ACRE TRACT AND THE 1.187 ACRE TRACT CONVEYED TO THE C[TY OF DUBLIN BY DEED OF RECORD [N DEED BOOK 285, PAGE 585; SAID POINT BEING 32.06 FEET LEFT OF CENTERLIN£ STATION 33+40.44; THENCE SOUTH 04 DEG. 38 MIN. 54 SEC. EAST, A DISTANCE OF 234.39 FEET (PASSING AN IRON PIN FOUND AT A DISTANCE OF 41.96 FEET) ALONG THE COMMON LINE OF SAID 61.7701 AND 1.187 ACRE TRACTS TO AN IRON PIN FOUND IDI THE NEW SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161, AT THE SOUTHWESTERLY CORNER OF SAID 1.187 ACRE TRACT; SAID IRON PIN BEING 186.99 FEET RIGHT OF CENTERLINE STATION 32+57.02; THENCE THE FOLLOWING FIVE (S) COURSES AND DISTANCES ALONG THE NEW SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161, AND ACROSS SAID 67.7701 ACRE TRACT; 1. THENCE SOUTH 72 DEG. t4 MIN. 19 SEC. WEST, A DISTANCE OF 146.77 FEET TO AN IRON PIN SET, BEING 176. i 0 FEET RIGHT OF CENTERLINE STATION 31+22.86; 2. THENCE NORTH 65 DEG. 29 MIN. 04 SEC. WEST, A DIS7ANCE OF 105.36 FEET TO AN IRON PIN SET, BEING 100.00 FEET RIGHT OF CENTERLINE STATION 30+50.00; 3. THENCE SOUTH 79 DEG. 34 MIN. 40 SEC. WEST, A DISTANCE OF 152.97 FEET TO AN IRON PIN SET, BEING 70.OD FEET RIGHT OF CENTERLINE STATION 290.00; 4. THENCE SOUTH 68 DEG. l6 MIN. Oa SEC. WEST, A DISTANCE OF 618.22 FEET TO AN IRON PIN SET AT A POINT OF TANGENCY, BEING 70.00 FEET RIGHT OF CENTERLINE STATION 22+81.78; 5. THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 5799.58 FEET, A CENTRAL ANGLE OF 02 DEG. 20 MIN. 3 7 SEC., AN ARC LENGTH OF 237.07 FEET, THE CHORD TO WHICH BEARS SOUTH 69 DEG. 26 MIN. 20 SEC. WEST, A CHORD DISTANCE OF 237.05 FEET TO AN IRON PIN SET IN THE COMMON LINE OF SAID 61.7701 ACRE TRACT .AND SAID BOND LANDS, BEING 70.00 FEET RIGHT OF CENTERLINE STATION 20+47.58; THENCE NORTH 09 DEG. 26 MIN. 02 SEC. WEST, A DISTANCE OF 61.08 FEET ALONG THE COMMON LINE OF SAID 61.7701 ACRE TRACT AND SAID BOND LANDS, TO THE POINT OF TRUE BEGINNING OF THE HEREFN DESCRIBED PARCEL 64•WD, CONTAINING 2.965 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES L I i 5 ACRES, MORE OR LESS. RX 250 Rev. 09/06 EXHIBIT A PID PARCEL CTY-RTE-SEC Version Date Page 3 of 3 80748 64-WD UNI-161-12.98 03/31/07 OF THE ABOVE DESCRIBED AREA, 2.957 ACRES ARE CONTAIDIED WITHIN UN10N COLTITY AUDITOR'S PARCEL i6-0001001.000, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00- 019.000. OF THE ABOVE DESCRIBED AREA, 0.008 ACRES ARE CONTAINED WITHIN FRANKLIN COUNTY AUDITOR'S PARCEL 274-000010. ALL IRON PINS SET ARE 314 INCHES 1N DIAMETER BY 30 INCHES LONG WITH AN ALUMINUM CAP, BEARI*IG 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 CONSTRUCTFON OF STATE ROUTE 161, UNLESS OTHERWISE SHOWN. THE BEARINGS FOR THE UNl-]61-12.98 PROTECT 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 7HE 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 INSTRUMENTS OF RECORD IN OFFICIAL RECORD 579, PAGE 727 (UNION COUNTY RECORDER'S OFFICE), AND OF RECORD BJ INSTRUMENT NUMBER 200410120236071 (FRANKLIN COUNTY RECORDER'S OFFICE). A DRAWING OF T,EIIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. ~,~;F'f~ r''F ~~Y^' , •. v :' R. D. ZANDE AND ASSOCIATES, INC. _ [ ::AL'LR ? ? ~ p p ` ~ ~~ /A/,;/~ Apr, r'~ ~ ,/( / ~ Z? 07 ~ G ~' FCtST6R S .: ~ ` ~ C. ` ~uP ,,~` 's, :~jS~ ~ REGISTERED SURVEYOR NO. 7191 DATE 0 7A` r.. 'v,. u ~ u,rp 0-~o9-B DESCRIPI?UN VER*.FtED S/tii' D&~H C. RCwraLE P.E.F.S. O~OSAGCFS sr ~~ ~ . ~D IG67 ~i ~Q i ~3 JOHN I OR100p r~ CKfRS Oq 3 ~, F~ A~RFS g69 ! 1 1 a w EXHIBIT B I~ I~ W O CUY OF DUBLIN 67 39-OOOt014,000 7.787 ACRES D.B. 285, PG. SBS NUMBER DIRECTION DISTANCE L1 N 75'03'45' E 716.00' L2 N 75'03'45 E 57.36' L3 S 04'38'54' E 234.39 L4 S 7774 79 W 146.77' LS N 65'29'09 W 105.36 L6 5 79'34'40' W 152.97' L7 N 09'26'02" W 67.00 O / UMC VENTURES CORP. 39-0001003.700 74.503 ACRES / OR 664, PG. }60 3g\ / ,,~ /~ N "7 9 fi4- / i ~ b WD / N w I o 64 " i ~~b ' ~ -~'oo« / 274-000010 61.7701 ACRES win 0^~ ~ N N Ogo~+ ^ '.N. 2004 7 01 20236071 FR K IN 3 a m / ~o in ( AN L C0.) O, I ti 1 w b ao' b b~R 6~b0 - 00 i t I Y O ~ 2.957 ACRES (18-0001001.000) ~ I 0.008 ACRES 274-000010 2.985 ACRES GROSS 3 3 0 -3.115 ACRES P.R.O. x m 0'= 1.850 ACRES (N ~ w o l ~ o=2J I w b J/QC 30 R F 4 BEGIN FOR ;~~ n~ w 52 7 ~ O~ O H7 / REFERENCE N q 6g ORES ]pO F$ ET 5 O , / 8: 05 ACRES ~ 6 _ ? S 0.1H 1'0. !g8 I `j u Q~ ~ ~ ^ (RAAIIKLIN C0.) i I u/ DETAIL ND.1 N.T .S. ~ 6Po1 HOF I TO Y N [,QS g2B~,'F ~ 0 J~ Nc of U ~o~ GRSy ~, ,(cs~M£ 7 D, ~ ~ ~ OR1g CA+S TO CI L7 O ~~ µ 07 ' pC. S ~ ~ 52 JEFF£RY WEINCARTEN ZO ~ 1.146 AC. MONUMENT LEGEND ~ OR 2627, PG J10 _ ~`SG (FRANKLIN C0.) •^ ~1~' J~iD d R.R.S. FOUND O REfl4R FOUND I ~ 44 Ek' R/ • ` k~ per, ly `` ,, ~ O IRON PIN FOUND ~ O R/W MONUMENT FD SEE DETA IL `~` • 3/4' IRON PIN SET N0.1 ~__ NUMBER DELTA ANG. RADIUS ARC LEN CHORD DIRECTION CHORD C7 0720'31 5799.56' 237.07' S 69'26'20' W 237.05' IRON PINS 6ET ARE 3/4" OW7ETER TFaS PARCEL U6 WffHIN ZONE ~(" BT 30' LONC wrtH AN ALUMINUM OF THE "FlRY" MA.O NUMBER CAP, BEARING THE MANE "p00T 39df1COtOBH. WITH AN EFFECTIVE R/W AND R.p. 2ANOE k ASSOC.' MTE OF 3/16/04 8.1515 OF BEARINGS TKE BEARINGS FOR THE Ufa-161-f 1.9B PROJECT ME BASED UPON STATE PVNE CRID BEARWGS FROY THE OHp COORDINATE SVSTEY, SOUTH ZONE, IMO 83 (96). AS YFASURED USING G.P.S. METHODS 116tO11GN THE FFANKUN COUNtt ENGINEER'S STARDNS "FRANK 72", "FILWK 172", "EGGS 3336'. AND TCCS S53s'. f or ..~ STEVE O4: 0 RADER 4 ~ 7191 0 i r, a ~ tt !ia! ! t~ONA1 yJ JEROI[6 71IP., UNION CO[1NTY, OHIO CITY OF DUBLTN, OHIO (1FASFia7CTOH 7'WP., FRANNIlN CO.) VNtGiNIA 10T17ARY SURVSY 6748 0 100 400 SCNL N FEET ~W~ 81 R.D. lanW ! AslMehc Jnc lSOO Lott SAtrt LY., SLflt FOO C?hondfuL,OAie I.4f01_ 4/zs ti j 004 EXHIBIT Page 1 of 3 RX 270 ~ ~__ PID A07d8 Rev. 09/06 PARCEL 6d-SH CTY-RTE-SEC UN416L12.98 Version Date Odl02/07 PARCEL 64-SH UNI-161-12.95 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, Departrnent of Transportation, its successors and assigns forever. Grantor/Owner, for himself and his hens, executors, administrators, successors and assigns, reserves all existing rights of ingress and egess to and from any residual azea (as used herein, the expression "Grantor/Owner" includes the plural, and wards in the masculine include the feminine or neuter). (Surveyor's description of the premises follows] SITUATED IN TH£ STATE OF .OHIO, PARTLY IN THE COUNTY OF UN10N, IEROME TOWNSHIP, PARTLY IN THE CITY OF DUBLIN, AND PARTLY IN THE COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED IN VIRGIMA MILITARY SURVEY NO. 6748, BEING A PART OF THE 61.7701 ACRE TRACT CONVEYED TO PEWAMO, LTD., BY DEEDS OF RECORD IN OFFICIAL RECORD 579, PAGE 727 (UNION COUNTY RECORDER'S OFFICE), AND OF RECORD IN INSTRUMENT NUMBER 200410!20236071 (FRANKLIN COUNTY RECORDER'S OFFICE), UNLESS OTHERWISE SHOWN, RECORDS OF 7HE 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 STATE ROUTE 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 64-SH; BEGINNWG FOR REFERENCE AT THE POINT OF INTERSECTION OF THE EXISTING CENTERLINE OF COSGRAY ROAD WITH SAID CENTERLINE OF RIGHT-0F-WAY AND CONSTRUCTION OF STATE ROUTE 161, BEING AT CENTERLINE STATION 19+42.80; THENCE SOUTH 09 DEG. 26 MIN. 02 SEC. EAST, A DISTANCE OF 1.82 FEET ALONG THE CENTERLINE OF COSGRAY ROAD, TO A RAILROAD SPIKE FOUND IN THE SOUTHERLY LINE OF THE 2.189 ACRE TRACT CONVEYED TO JEROME 1 ASSOCIATES, LTD., BY DEED OF RECORD 1N OFFICIAL RECORD 702 PAGE 520 (UNION COUNTY RECORDER'S OFFICE), AT THE COMMON CORNER OF THE !.lab ACRE TRACT CONVEYED TO JEFFREY wEINGARTEN BY DEED OF RECORD TN OFFICIAL RECORD 2627 J10 (FRANKLIN COUNTY RECORDER'S OFFICE) AND THE LANDS CONVEYED TO IOHN L. BOND BY DEED OF RECORD IN OFFICIAL RECORD 917 FOl (FRANKLIN COUNTY RECORDER'S OFFICE); SAID RAILROAD SPIKE BEING 1.80 FEET RIGHT OF CENTERLINE STATION 19+42.51; THENCE NORTH 75 DEG. 03 MIN. 45 SEC. EAST, A DISTANCE OF 116.00 FEET ALONG THE NORTHERLY LINE OF SAID BOND LANDS AND THE SOUTHERLY LINE OF SAID 2.189 ACRE TRACT AND THE SOUTHERLY LINE OF THE 5.240 ACRE TRACT CONVEYED TO JEROME I ASSOCIATES, LTD., BY DEED OF RECORD IN OFFICIAL RECORD 95, PAGE 346, TO THE CONLMON CORNER OF SAID 61.7701 ACRE TRACT AND SAID BOND LANDS; SAID POINT BEING 9.85 FEET RIGHT OF CENTERLINE STATION 20+58.12; EXHIBIT A Page z ar s AX 2J0 PD 80748 Rev. 09106 PARCEL 64-SH C'P.'-RTE-SEC UNI-161-12.98 Version Dat< 04/07/07 THENCE SOUTH 09 DEG. 26 MTN. 02 SEC. EAST, A DISTANCE OF 61.08 FEET ALONG THE COMMON LINE OF SAID 6].7701 ACRE TRACT AND SAID BOND LANDS, TO AN IRON PIN SET ON A CURVE, IN THE NEW SOUTHERLY RIGHT-0F-WAY LINE OF STATE ROUTE i61; SAID IRON PM BEING 70.00 FEET RIGHT OF CENTERLINE STATION 20+47.58, AND BEING TFIE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 64-SH; THENCE THE FOLLOWING FOUR (4) COURSES AND DISTANCES ALONG THE NEW SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161, AND ACROSS SAID 67.7701 ACRE TRACT; 1. THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 5799.58 FEET, A CENTRAL ANGLE OF 02 DEG. 20 MIN. 31 SEC., AN ARC LENGTH OF 237.07 FEET, THE CHORD TO WHICH BEARS NORTH 69 DEG. 26 MIN. 20 SEC. EAST, A CHORD DISTANCE OF 237.05 FEET, TO AN IRON PIN SET AT A POINT OF TANGENCY, BEING 70.00 FEET RIGHT OF CENTERLINE STATION 22+81.78; 2. THENCE NORTH 68 DEG. 16 MIN. 04 SEC. EAST, A DISTANCE OF 6!8.22 FEET 70 AN IRON PIN SET, BEING 70.00 FEET RIGHT OF CENTERLINE STATION 29+00.00; 3. THENCE NORTH 79 DEG. 34 MIN. 40 SEC. EAST, A DISTANCE OF ]52.97 FEET TO AN IRON PIN SET, BEING 100.00 FEET RIGHT OF CENTERLINE STATION 30+50.00; 4. THENCE SOUTH 65 DEG. 29 MIN. 09 SEC. EAST, A DISTANCE OF 7 05.36 FEET TO AN IRON PIN SET, BEING 176.70 FEET RIGHT OF CENTERLINE STATION 31+22.86; THENCE SOUTH 24 DEG. 30 MIN. 5] SEC. WEST, A DISTANCE OF 35.00 FEET ACROSS SAID 61.7701 ACRE TRACT TO A POINT IN THE SOUTHERLY LINE OF THE HEREIN DESCRIBED STANDARD HIGHWAY EASEMENT; SAID IRON PIN BEING 200.3] FEET RIGHT OF CENTERLINE STATION 30+97.58. THENCE THE FOLLOWING FOUR (4) COURSES AND DISTANCES ALONG THE SOUTHERLY LINE OF THE HEREIN DESCRIBED STANDARD HIGHWAY EASEMENT, AND ACROSS SAID 61.7701 ACRE TRACT; I. THENCE NORTH 65 DEG. 29 MIN. 09 SEC. WEST, A DISTANCE OF 94.35 FEET TO AN ANGLE POINT, BEING 132. ] 6 FEET RIGHT OF CENTERLINE STATION 30+32.34; 2. THENCE SOUTH 79 DEG. 34 MIN. 40 SEC. WEST. A DISTANCE OF 138 d9 FEET TO AN ANGLE POINT, BEING ] 05.00 FEET RIGHT OF CENTERLINE STATION 28+96.54; 3. THENCE SOUTH 68 DEG. lb MIN. 04 SEC. WEST, A DISTANCE OF 614.75 FEET TO A POINT OF TANGENCY, BEING 705.00 FEET RIGHT OF CENTERLINE STATION 22+81.78; 4. THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 5834.58 FEET, A CENTRAL ANGLE OF 02 DEG. 24 MIN. 09 SEC., AN ARC LENGTH OF 244.64 FEET, THE CHORD TO WHICH BEARS SOUTH 69 DEG. 28 MIN. 09 SEC. WEST, A CHORD DISTANCE OF 244.62 FEET, TO A POINT IN THE COMMON LINE OF SAID 61.7701 ACRE TRACT AND SAID BOND LANDS; SAID POINT BEING 105.00 FEET RIGHT OF CENTERLINE STATION 20+47.54; THENCE NORTH 09 DEG. 26 MIN. 02 SEC. WEST, A DISTANCE OF 35.53 FEET TO THE POINT OF TRUE BEGUNNING OF THE HEREIN DESCRIBED PARCEL 64-SH, CONTAINING 0.886 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS. RX 270 Rev. 09/06 EXHIBIT A PID PARCEL CTY-RTE-SEC Version Dam Page 3 of 3 80766 6a-SH LMI-161-12.96 06!07107 OF THE ABOVE DESCRIBED AREA, 0.886 ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PARCEL 16-0001 OOI.OOQ AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00- 019.000. OF THE ABOVE DESCRIBED AREA, 0.073 ACRES ARE CONTAINED WITHIN FRANKLIN COLl1TY AUDITOR'S PARCEL 274-000010. ALL IRON PINS SET ARE 3/4 INCHES II3 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 STATE ROUTE 161, 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 772", "FCGS 5536", AND "FCGS 5534". THIS DESCRIPTION WAS PREPARED BY STEVEN E. RARER, 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 INSTRUMENTS OF RECORD IN OFFICIAL RECORD 579, PAGE 727 (UNION COUNTY RECORDER'S OFFICE), AND OF RECORD IN INSTRUMENT NUMBER 200410120236071 (FRANKLIN COUNTY RECORDER'S OFFICE). A DRAWING OF THIS DESCRIPTION iS ATTACHED HERETO AND MADE PART THEREOF. ~P;-•••"'••. ~y ''~; R. D. ZANDE AND ASSOCIATES, INC. ~' ' • ~ /~ i * ' STEVEN `, RARER = REGISTERED SURVEYOR NO. 719] DATE '0 ••. 7191 ;'• ~ po ~•,PP ~J..~yO`` , ~'%,,~S~ONAL SuR `~ I ~} SOHN L I I I~ OROOp3jphOKfRS la: OR J~3. plse.lPo x B, PC 66gfS I /F I 1 I~ a W 1 ~ (~jJ O$QY yNyj mh <OPI~ W~/1 ti °i ~¢rc -~-oo e ® SROyE / ,~C,,- S.z p031p1 "'mac OR es pP~s /Opu>FS, CTD. 566 O pro SZO ~. MONUM Ni F. Np O R.R.S. FOUND O REBAR FOUND O IRON PIN FOUND ® R/W MONUMEN! FD • 3/4" IRON PIN SET O C(tY pF DUBUN 67 39-00610}4.000 1.187 ACRES D.B. 285. PG. 585 50' 76a-\ K j `~~ ~ L6 68 UMC VENTURES CORP. / 39-0001003.100 74.503 ACRES / OR 664, PG. }60 3B 5 \ / ~~~~ ~1 ~~ 84- SH / N SWn O~¢V JSOS~~n Y ~lOp / e a-mo O ~ 0.813 ACRES (i6-0001001.000) e 0.073 ACRES 274-000010 ~ vo 0.886 ACRES (GROSS 3 t3 ~~~ m ~~I 2~ r e J 2 y F / - 35' REFERENCE o~ n ~ ~ v AA az ~~ C9 ~ ~ y~ v • 52 o g JOHN L BOND ~ ~ ~ 0.11 & 0.75 ACRES = OR~917~,, FPC FOt ~ CO OgZB Z~ S~Rty ~ DETAIL No.t N.T.S. DETAIL EX. R/W FX. R NUMBER DELTA ANG. W~DIUS ARC lEN CHORD DIRECRON CHORD C1 0220'37" 5799.58' 237.07' N 69'26'20' E 237.05' C2 022409 5834.56 244.64 S 69'28'09' W 241.62 THIS PARCEL UES WRNIN ZONE •X• di TXE •FWM• MAP NVYBER SD049C0106H, WITH AN EFFECtNE GATE OF 3/i8/6t BASIS OF BEARINGS 7HE BFARDiGS F'OR THE VIA-161-13.96 PROJECT ARE BARED UPON SUTE PLANE GPoD BFAAING6 FROM THE OHIO CYMRODNTE SY'7EIA, SOUfN TONE. NAO &S fe67. A9 YEl6URED U61NC C.PS. YETlIOD~ THROUGH THHE FRANKLIN COUNTY ENGWEQYS SdTK)N6 •FPANK 72•, 'FRANK 175". %w:cs 6ye•, ANO 'EGGS s53a•. NUMBER DIRECTION DISUNCE Li N 75'03 SS' E 516.00" L2 S Off2602' E 67.06 L3 N 68'78'04• E 878.22' L4 N 78'34'40 E 152.97 LS S 85'20'00 E 705.36 l6 S 24'30 57 W 33.00' L7 N 65'28'09' W 84.35' LB S 7ff3440' W 138.49 L9 N Off2802 W 35.53 L10 5 771419 W t46JT PARCEL 84-SH UNI-181-12.96 UNION COUNTY CITY OF DUBilN, OHIO (I/ASHINGSt7N TIIY., FRANXIW C0.) vmcDru MD17'ARY suNVaY 6746 0 100 400 9e wuuF N raT tf/~.. of SfEYE PrW~d B7 C ` a E. RADER ~ RD. Imd~ t Aamwtr; /ac f6A9 Late SAanr A., S}dh 700 i •~ 591 f4~ ~J 4 4 ~ 4 4 e n4 ~ ~eN,~ • ocGti 2' of Svwyer jlt9t oat4 R~ W O ~i b 80' ~ I WI I EXHIBIT Page I oft RX 286 PID 80"!48 / Aev. 09/06 PARCEL 64-7 CTY-R'IE-SEC 171J1-16112.98 Vvsion Date 04/09/07 PARCEL 64-T UNI-161-12.98 TEMPORARY EASEMENT FOR THE PURPOSE OF PERFORMING THE WORK NECESSARY TO RECONSTRUCT DRIVE FOR APPROXIMATELY 24 MONTHS FROM DATE OF ENTRY BY THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION (Surveyor's description of [he premises follows SITUATED IN THE STATE OF OWO, PARTLY IN THE COUNTY OF UNION, IN THE CITY OF DUBLIN, LOCATED IN VIRGINIA MILITARY SURVEY NO. 674B, BEING A PART OF THE 61.7701 ACRE TRACT CONVEYED TO PEWAMO, LTD., BY DEED OF RECORD IT. OFFICIAL RECORD 579, PAGE 727 (UNION COUNTY RECORDER'S OFFICE), UNLESS OTHERWISE SHOWN, 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 STATE ROUTE 161, AS ESTABLISHED BY A SURVEY MADE BY R.D. ZANDE & ASSOCIATES, INC., FOR THL- CITY OF DUBLIN AND THE OHIO DEPARTMENT OF TRANSPORTATION IN 2005 AND 2006, AND BEING LOCATED WITHIN THE FOLLOWING DESCRIBED BOUNDARY POINTS OF PARCEL 64-T; BEGINNING FOR REFERENCE AT AN IRON PIN SET AT THE INTERSECTION OF THE NEW SOUTHEASTERLY RIGHT-OF-WAY LINE OF STATE ROLE 161 (PARCEL 64-WD) WITH THE COMMON LINE OF SAID 61.7701 ACRE TRACT AND THE 0.15 ACRE TRACT CON-VEYED TO IOHN L. BOND BY DEED OF RECORD IN OFFICIAL RECORD 917 FO] (FRANKLIN COUNTY RECORDER'S OFFICE); SAID IRON PIN BE[NG 70.00 FEET R]GHT OF CENTERLINE STATION 20+47.58; THENCE SOUTH 09 DEG. 26 MIN. 02 SEC. EAST, A DISTANCE OF 35.53 FEET ALONG THE COMMON LINE OF SAID 61.7701 AND O.IS ACRE TRACTS TO A POINT ON A CURVE FN THE SOUTHEASTERLY LINE OF THE NEW STANDARD HIGHWAY EASEMENT (PARCEL 64-SH), BEING ]05.00 FEET RIGHT OF CENTERLINE STATION 20+47.54; THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG SAID SOUTHEASTERLY LINE OF THE NEW STANDARD WGHWAY EASEMENT, AND ACROSS SAID 61.7701 ACRE TRACT; 7. THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 5834.58 FEET, A CENTRAL ANGLE OF 02 DEG. 24 MIN. 09 SEC., AN ARC LENGTH OF 244.64 FEET, THE CHORD TO WWCH BEARS NORTH 69 DEG. 28 MIN. 09 SEC. EAST, A CHORD DISTANCE OF 244.62 FEET TO A POINT OF TANGENCY, BEING 105.00 FEET RIGHT OF CENTERLINE STATION 22+81.78 2. THENCE NORTH 68 DEG. 16 MIN. 04 SEC. EAST, A DISTANCE OF 508.21 FEET TO A POINT BEING I OS.DO FEET RIGHT OF CENTERLINE STATION 27+90.00, AND BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 64-T; THENCE NORTH 68 DEG. 16 MIN. Oa SEC. EAST, A DISTANCE OF 60.00 FEET ALONG SAID SOUTHEASTERLY LINE OF T73E NEW STANDARD HIGHWAY EASEMENT, AND ACROSS SAID 61.7701 ACRE TRACT TO A POINT, BERG ] 05.00 FEET RIGHT OF CENTERLINE STATION 28+50.00; RX 266 Rev. 09/06 EXHIBIT A PID PARCEL CTY-R7E-SEC Version bete Pege 2 of 2 80748 64-7 UNI-161-12.98 04109/07 THENCE THE FOLLOWING THREE (3) COURSES AND DISTANCES ACROSS SAID 61.7701 ACRE TRACT; 1. THENCE SOUTH 27 DEG. 43 MIN. 6b SEC. EAST, A DISTANCE OF IS.OD FEET TO A POIIJT BEING 120.00 FEET RIGHT OF CENTERLINE STATION 28+50.00; 2. THENCE SOUTH 68 DEG. 16 MIN. 04 SEC. WEST, A DISTANCE OF 60.00 FEET TO A POINT BEING ] 20.00 FEET RIGHT OF CENTERLINE STATION 27+90.00; 3. THENCE NORTH 21 DEG. 43 MIT'. S6 SEC. WEST, A DISTANCE OF IS.00 FEET TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBEll PARCEL 64-T, CONTAINING 0.027 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, 0.021 ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PARCEL 16-0001001.000, AS SHOWN ON UNION COUNTY GIS MAP NUbIBER 146-00-00- 019.000. ALL IRON PINS SET ARE 314 INCHES [N DIAMETER BY 30 INCHES LONG WITH AN ALUMINUM CAP, BEARING THE NAME ODOT R/W AND RD. ZANDE & ASSOCIATES. ALL STATION AND OFFSET REFERENCES ARE TO THE AFOREMENTIONED CENTERLINE OF RIGHT-OF-WAY AND CONSTRUCTION OF STATE ROUTE 161, 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 SS36", 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 579, PAGE 727, OF THE UNION COUNTY RECORDER'S OFFICE. THIS TEMPORARY EASEMENT IS FOR THE PURPOSE OF PERFORMING THE WORK NECESSARY TO RECONSTRUCT A DRIVE. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. ."' , ~``~ ~ E- `,~ F O ~`'' . .......... y P . `J ; ~C . : ` ~ R D. ZANDE AND ASSOCIATES, INC. `. it it- ;' STEVEN RACER . ~~?~ty ~0~(07 K~%` !/ i -= "~ ~'~ 74g4 p ~~ C ~ _ -, REGISTERED SURVEYOR N0.7191 DATE )J /pHN i OR~C00 ~OhCkfRS OR 3je. PC q~ ~fs 9 I S gin ~WP~ -fin w$nN I~rn -wi~00 Sp 200 f a ~ 5, 0 31 1 j 3pC OR 6Bg cgcs~lpp4Tfs Lam. t8B OO /fq0 Mf '~SpC ! R18~7 C~ (Tp S?0 MnNT11I NT FG NO O R.R.S. FOUND O REBAR FOUND O IRON PIN FOUND O R/W MONUMEM FD • 3/4' IRON PIN SET I r I x i 1 r w W I iz,~a ~ly't:lo O ~ w ej ~~I 3 x ~ 3 w ~ ~ I x wl 67 CRY OF DUBLIN 39-0001014.000 1.187 ACRES D.B. 285. PG. 565 10. NUMBER DIRECTION DISTFNCE L1 5 09'28'02" E 35.53' L2 N 68'16'04" E 60.00 L3 S 2t•43'S6 E 15.00 L4 5 88'18'04 W 80.00 L5 N 21'43'56 W 15.00' ~ 68 / °F UMC YENTURES CORP. 1.96• 39-0001003.100 / 74.503 ACRES Oft 664, PG. 360 Z34.JS• N a'Jg.J4 W /es-\ K \'~/ rv / Sw~ a ~S _Ua InN ? ~ ~~~~ J ~ 0] U- O ~sx~ a~mo O 64- U rv T ~I~ o ~e ~ J= ~Prv a ,a ~~ 4 I 35' -~~ EG~N FOR ~~~~ 0.021 ACRES Y fi POINT OF TRUE N J ~ BEGINNING 3~ /~=~ l sN~ l5 ~~~~ DETAIL No.t N.T.S. JOHN L BOND 0.11 k 0.15 ACRES OR 917, PC F01 ` `fX. R/W ~ ~. fX_ NUMBER DELTA ANC. RADIUS ARC LEN CNORD DIRECTIDN CNORD C1 02'2409" 5634.58' 244.64' N 89'2609 E 244.62' THI$ PNiCEL UES YIfIFIW ZONE X" OF THE 'FlRM" MM HUMBER 390NM0108H, WfTH AN EFFECTNE 047E OF 3/18/04 Aclc OF BF AIN .c '4C+~O^F'•~~Oq ! THE BFNt1NG5 FOR THE UNI-181-12.98 PRQIECf ARE BASED ~ STEVEF \\° E UPON STALE PLANE GRID BFAl11NG5 FROM THE OHIO • RADE )o COORDINATE SYSTEM. SOIfM ZONE N4D 81 (887. AS FR N H R s 719t j A KU MEASURED USING C.P.S. METHODS THROUGH TH " " " " ' `/ am o ~. f FRANN 172 , FRANK 72 S STATIONS . GDUNlT ENGINEER " " " " ~ i~lt1 ~ 4 ~J iCGS 5534 . EGGS 5338 . MID ~oxµ UNION COUNTY Cl7Y OF DUB7.D7, OHIO (11ASHD70TON TIFP., PRANKf7N COJ 4IItO1NIA YDITARY SUIiVYY 6748 0 100 100 Y.ME N FEET PSrPwd ~ RD. 1mW~ t Aoeclet~c Ina 7600 LaC~ SAonr p., .Adl~ f00 CotvnbMM OAlo l.PfO! /6f! -KB9 p41a~4 Sumyw /)101 ~O~