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42-08 ResolutionRECORD OF RESOLUTIONS Inc. Form No. 30045 Resolrrtiat No. 42-08 f'assc ~ 20 A RESOLUTION OF INTENT TO APPROPRIATE A 0.054 ACRES, MORE OR LESS, FEE SIMPLE INTEREST, A 0.049 ACRES, MORE OR LESS, STANDARD HIGHWAY EASEMENT, AND A 0.446 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM 7001 POST ROAD LLC., LOCATED ON POST ROAD, WEST OF STATE ROUTE 33, CITY OF DUBLIN, COUNTY OF UNION, STATE OF OHIO. 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, a utility easement, and a temporary construction easement in and to the premises described in the attached Exhibit "A", Exhibit "B", and Exhibit "C", located in the City of Dublin, Union County, Ohio. NOW, THEREFORE, BE IT RESOLVED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate, for the purpose of improving the U.S. Highway 33 and State Route 161 Interchange in Franklin and Union Counties, a fee simple interest, utility easement, and temporary construction easement in and to the premises located in the Township of Jerome, Ohio, and more fully described in the legal description attached hereto as Exhibit "A", Exhibit "B", and Exhibit rC„ Section 2. The City Manager is hereby authorized to cause written notice of the passage of this Resolution to be served upon the owners and persons in possession or having an interest of record in the above-described property. This notice shall be served according to law. Section 3. This Resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this ~ day of , 2008. Mayor -Presiding Officer ATTEST: Clerk of Council ~SCHOTTENSTEIN ZOX& DU N Nco..LP,a MEMORANDUM TO: Dublin City Council Jane S. Brautigam~ ~~~~$ Paul A. Hammersmith, PE, Director of Engineering/City Engineer FROM: Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: June 12, 2008 RE: Resolution 42-08 Intent to Appropriate - 7001 Post Road LLC Property 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 means that loop ramps are introduced to eliminate the need for left turns from the arterial road (i.e. SR 161/Post Road) onto the freeway (US 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 7001 Post Road LLC property acquisition - a 0.054 acres, more or less, fee simple interest, a 0.049 acres, more or less, standard highway easement, and a 0.446 acres, more or less, temporary construction easement from 7001 Post Road LLC., located on Post Road, West of State Route 33, City of Dublin, County of Union, State of Ohio. ACTION TAKEN IN THIS CASE: Since the year 2006, the Law Department has been in contact with the landowner to inform the company of the upcoming construction and effect of the interchange improvement to his property. Mr. Robb Heitzman of Buckeye Check Cashing represents the 7001 Post Road LLC in this appropriation and has been contacted. A title search was conducted and an appraiser has been engaged to determine the fair market value of the property. The Law Department also engaged M/E Company (Mr. James Howard) to negotiate the acquisition with the landowner. This resolution indicates the City's intent to Memo to Council re Resolution 42-08 Intent to Appropriate - 7001 Post Road LLC June 12, 2008 Page 2 of 2 appropriate the above land. This resolution merely starts the eminent domain process and further legislation is necessary to begin acquisition of the land. If an agreement is reached, then the Law Department will prepare an ordinance authorizing the City Manager to enter into a real estate purchase contract with the landowner. If an agreement cannot be reached, the Law Department will proceed with preparing an ordinance for presentation at an upcoming City Council meeting regarding litigation. RECOMMENDATION: The Law Department recommends approval of Resolution 42-08. Columbus Cleveland Cincinnati 250 West street, Columbus, Ohio 43275-2538 F.O. Box 765020. Columbus. OH 43276-5020 ~ Voice: 614-?62-2700 ~ Fax: 674-462-5135 EXHIBIT Pale ! of i RX 252 ~ PID 80748 Rev. 09/06 PARCEL 69-WL CTY-RTE-SEC UNI-33.'.4.87 Version Date 05/09;07 PARCEL 69-WL UNI-33-24.87 ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE IN THE FOLLOWING DESCRIBED PROPERTY INCLUDING LIMITATION OF ACCESS Grantor/Owner, his heirs, executors, administrators, successors and assigns forever, are hereby divested of any and all abutter's rights, including access rights in, over and to the within described real estate, including such rights with respect to any highway facility constructed thereon (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, CITY OF DUBLIN (WASHINGTON TOWNSHIP, FRANKLIN COUNTY), LOCATED IN VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE 14.847 ACRE TRACT CONVEYED TO 7001 POST ROAD LLC BY DEED OF RECORD IN OFFICIAL RECORD 586, PAGE 945, RECORDS OF THE RECORDER'S OFFICE, LNION 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 S.R. 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 PAKCEL 69-WL; BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND iN THE CENTERLINE OF EITERMAN ROAD AT THE INTERSECTION OF THE FRANKLIN /UNION COUNTY LINE; THENCE NORTH 87 DEG. S7 MIN. 12 SEC. WEST, A DISTANCE OF 120.71 FEET ALONG SAID COUNTY LINE TO A CONCRETE R/W MONUMENT FOUND AT AN ANGLE POINT IN THE EXISTING SOUTHWESTERLY RIGHT-OF-WAY LINE OF EITERMAN ROAD. THENCE NORTH 87 DEG. SS MiN. 00 SEC. WEST, A DISTANCE OF 1606.91 FEET ALONG SAID COUNTY LINE TO A POINT IN THE COMMON LINE OF THE 74.503 ACRE TRACT CONVEYED TO UMC VENTURES CORPORATION BY DEED OF RECORD IN OFFICIAL RECORD 664, PAGE 360, AND THE 61.7701 ACRE TRACT CONVEYED TO PEWAMO, LTD., BY DEED OF RECORD IN OFFICIAL RECORD 579, PAGE 727; THENCE NORTH 04 DEG. 38 MIN. S4 SEC. WEST, A DISTANCE OF 369.79 FEET ALONG THE COMMON LINE OF SAID 74.503 AND 61.7701 ACRE TRACTS TO AN IRON PIN FOUND AT THE COMMON CORNER OF SAID 74.503 ACRE TRACT AND THE 1.187 ACRE TRACT CONVEYED TO THE C[TY OF DUBLIN BY DEED OF RECORD IN DEED BOOK 285, PAGE 585; THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE COMMON LINE OF SAID 74.503 AND 1.87 ACRE TRACTS; I. THENCE NORTH 85 DEG. 21 MIN. S1 SEC. EAST, A DISTANCE OF 192.53 FEET TO AN IRON PIN' FOUND AT A COMMON CORNER OF SAID 74.503 AND L87 ACRE TRACTS; SAID IRON PIN BEING 255.55 FEET RIGHT OF CENTERLINE STATION 34+36.93; 2. THENCE NORTH 04 DEG. 38 MIN. 46 SEC. WEST, A DISTANCE OF 198.56 FEET TO AN IRON PIN SET IN THE NEW SOUTHEASTERLY RIGHT-OF-WAY L[NE OF STATE ROUTE 161 (PARCEL 68-WD); SAID IRON PIN BEING 70.00 FEET RIGHT OF CENTERLINE STATION 35+07.60; EXHIBIT A Page 2 of 3 RX 252 PID 80748 Rev. 09/06 PARCEL 69-WL CTY-RTE-SEC UN]-33-24.87 Vesion Da;e OSi09/07 THENCE NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 252 40 FEET ALONG THE NEW SOUTHEASTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161 (PARCEL 68-WD), AND ACROSS SAID 74.503 ACRE TRACT, TO AN IRON PIN SET AT THE SOUTHWESTERLY CORNER OF THE NEW LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161 (PARCEL 68-WLI); SAID IRON PIN BEING 70.00 FEET RIGHT OF CENTERLINE STATION 37+60.00; THENCE CONTINUING NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 52.72 FEET ALONG THE NEW SOUTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 16] (PARCEL 68-WL]), AND ACROSS SAID 74.503 ACRE TRACT, TO AN IRON PIN SET IN A COMMON LINE OF SAID 74.503 AND 14.847 ACRE TRACTS; SAID IRON PIN BEING 70.00 FEET RIGHT OF CENTERLINE STATION 38+12.72, AND BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 69-WL; THENCE NORTH 15 DEG. O1 MIN. 19 SEC. WEST, A DISTANCE OF 40.38 FEET ALONG THE COMMON LINE OF SAID 74.503 AND 14.847 ACRE TRACTS, TO A POINT IN THE EXISTING SOUTHEASTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161, AT A COMMON CORNER OF SAID 74.503 AND 14.847 ACRE TRACTS, BEING 30.30 FEET RIGHT OF CENTERLINE STATION 38+20.06; THENCE NORTH 66 DEG. 00 MIN. 42 SEC. EAST, A DISTANCE OF 60.74 FEET ALONG THE EXISTING SOUTHEASTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161, AND THE NORTHWESTERLY LINE OF SAID 14.847 ACRE TRACT, TO A POINT AT A COMMON CORNER OF SAID 14.847 AND 74.503 ACRE TRACTS, BEING 31.90 FEET RIGHT OF CENTERLINE STATION 38+80.78; THENCE SOUTH IS DEG. 01 MIN. 19 SEC. EAST, A DISTANCE OF 38.75 FEET ALONG THE COMMON LINE OF SAID 14.847 AND 74.503 ACRE TRACTS, TO AN IRON PIN SET IN THE NEW SOUTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161, BEING 70.00 FEET RIGHT OF CENTERLINE STATION 38+73.74; THENCE SOUTH 64 DEG. 30 MIN. 09 SEC. WEST, A DISTANCE OF 61.02 FEET ALONG THE NEW SOUTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161, AND ACROSS SAID 14.847 ACRE TRACT, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 69- WL, CONTAINING 0.054 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, 0.054 ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PARCEL 39-0001003.000, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00- 017.000. ALL IRON PINS SET ARE 3/4 INCHES IN DIAMETER BY 30 INCHES LONG WITH AN ALUMINUM CAP, BEARING THE NAME ODOT R/W Ah~ R.D. ZANDE & ASSOCIATES. ALL STATION AND OFFSET REFERENCES ARE TO THE AFOREMENTIONED CENTERLINE OF RIGHT-OF-WAY AND CONSTRUCTION OF S.R. 161, UNLESS OTHERWISE SHOWN. THE BEARINGS FOR THE UNI-33-24.87 PROJECT ARE BASED UPON STATE PLANE GRID BEARIhiGS 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". RX?52 Rev. 09/06 EXHIBIT A PID PARCEL CTY-RTE-SEC Version Dete Page 3 of 3 80718 69-WL UNI33-24.87 05/09/07 THIS DESCRIPTION WAS PREPARED BY STEVEN E. RADER, REGISTERED SURVEYOR 7191, AND 1S BASED UPON A SURVEY FOR THE CITY OF DUBLIN FROM OCTOBER, 2005 TO MARCH, 2006 BY R. D. ZANDE AND ASSOCIATES, NC., UNDER THE DIRECTION OF SAID SURVEYOR. GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN OFFICIAL RECORD 586, PAGE 945, OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO. A DRAWING OF THiS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. .( (~! ~~\ t~ ~~ V l~~i. -k :` STESfEN cis "'~ E. ~~~1=~ :v"• 7131 ~~ ,~ • rS-fE . Q, R. D. ZANDE-AND ASSOCIATES, INC. RE ISTEREDSURVEYORN0.7191 DATE ;n Approved y .__. ,,:;,roved ~~l/ i ;_ci i:rone Area b~ i;aes~sre ~i~ initial ~ Date ~a- ~'0~ does not inciuc;~ ti:~. !-';annino Comma~i:~n loF y aYprGVal, zGr.;re, e-?gaf:+. !~ErJ3r~"[7:en., G?' GfiJ !'ii}7?.,' pprnvais needed f-•r t-a^;>:.. EXHIBIT B '\ \ MRO p0o / O~N pOPCRE FO A5g 7a ve oe. zj8' R IAL R KAREN C. PETERS EX• INDPARK47AY ~ -~' 73 17-00}1020.100 '' ~ a2 1.190 ACRES JOHN L. PICKERS D.B. 339, PG. 767 15-00310 7 8.100 N CONS' .__ ORIG. 3.015 ACRES ~ ~~ OR 378, PG. 869 Ey,. RfW 4~C~ R~ _ ~ ~ ~ W ' RI / / JERO~= R EX~ ~}9 i ~' C1jy OF DUBU ~ i i' r ~. ~ Rl '. S•g"/~i /~= r m `T r' _ ,.y _ m }6H 6A3i' % KEW l m.~ L9 66-1 ~ ~ E L5 ('~'-Ti 68 ~/' ~-A 69 UMC VENTURES _~ CORPORATION 1~1( 39-0001003.100 R/' ( p~ 74.503 ACRES ~ OR 664, PG. 360 ~ 69 67 sa ~ UMC VENTURES L2 CORPORATION 39-0001003.100 74.503 ACRES OR fi64, PG. 360 64 NUMBER DIRECTION DISTANCE L7 N BT57'12" W 120.77' L2 N 85'21'51" E 192.53' L3 N 04'38'46' W 198.56' L4 N 64'30'09" E 252.40' LS N 64'30'09" E 52.72' L6 N 15'01'19" W 40.38' l7 N 66'00'42" E 60.74' L8 S 15'01'19" E 38.75' L9 S 64'30'09' W 61.02' 0.054 ACRES (GROSS) -0.000 ACRES (P.R.O.) 0.054 ACRES (NET) IRON PINS SET ARE 3/4' pNMETER BY 30' LONG WRH AN ALUMINUM CAP, BEARING THE NOME 'ODOT R/W ANO R.D. IANDE k ASSOC.' MONUMENT LEGEND B STONE FOUND O' R.R.S. FOUND O R/W MONUMENT FOUND O REBAR FOUND O IRON PIN FOUND m I.P.F. WTI}i I.D. CAP • 3/4' IRON PIN SET Fi UNION CO, FRANKL~ ~0: _'~-a7-s5'DO' w 1606.g~ ~" ~, A '! c+ ra~ ~ ' ~ E\ i 9 2 ~ ~ '~ BEGIN FOR REFERENCE L1\ T ~-~ PEWAMO. LTD. 7001 POST ROAD LLC = 64 16-0001007.000 69 39-0001003.000 PARC0. 69-WL UN(-33-24.$7 ' 61.7701 ACRES 14.847 ACRES UMON COUNTY OR 579, PG. 727 OR 586, PG. 945 CITY OF DUBLIN, OHIO CITY OF DUBLIN iHi6 PARCEL uES WRHIN 20NE X" (FABHINGTON TAP., FRANHIIN COJ 67 39-0007 0 7 4,000 OF THE 'FlRM' MP- NUMBER VIIiGINL1 NII.ITARY SURVfiY 8748 - 7.187 ACRE$ 39049C0106H, WITH AN EFFEGTNE o ton Too DB 285, PG. 585 DATE Of 3/16/04 .,,~+~ E OF y~^ Sfi.LE N 3EEf RASIC OF BFARN ~ THE BEARINGS FOR THE UNI-33-24.8] PRQIECT ARE BASED M S ~.pJ 3~~ ~aP~ed By UPON SLATE PLWE GRID BEARINGS FROM THE OHIO °+ E. io t ~ ~ ,EO. ZotNe ~Atsocialt; H~ COORDINATE SYSTEM, SOUTH ZONE. NAD 83 (86), AS 1 7191 ~` 1500 LaFt Short A:, Srtit~ >00 Q MEASURED USING C.P.S. METHODS THROUGH THE FRANKLIN ' ' ' ' :a oi, °' Cohanbu; OAfo I9POt PAorL: (61/ .FB6-l9B9 COUNTY ENGINEER S STATIONS FRWK 72 , FRANK 17Y, ' " " ' ~ ~t ~~ itTC `°t p EGGS 5636 . AND EGGS 3534 . t ~ NArA ~o., .i~ ~ RegielereU SI~neTx /)f Rl Oo1e Page I os3 RX ?70 PID 80748 Rev. 09!06 PARCEL 69-SH CTY-RTE-SEC L;NI-33-?4.87 Version Dale 05/09/07 PARCEL 69-SH UNI-33-24.87 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, Department of Transportation, its successors and assigns forever. 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 azea (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, CITY OF DUBLIN, LOCATED IN VIRGINIA MILITARY SURVEY NO. 6748, BERvG A PART OF THE 14.847 ACRE TRACT CONVEYED TO 7001 POST ROAD LLC BY DEED OF RECORD IN OFFICIAL RECORD 586, PAGE 945, RECORDS OF THE RECORDER'S OFF]CE, 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 S.R. 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 69-SH; BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLINE OF EITERMAN ROAD AT THE INTERSECTION OF THE FRANKLIN /UNION COUNTY LINE; THENCE NORTH 87 DEG. 57 MIN. 12 SEC. WEST, A DISTANCE OF 120.71 FEET ALONG SAID COUNTY LINE TO A CONCRETE MONUMENT FOUND AT AN ANGLE POINT IN THE EXISTRvG SOUTHWESTERLY RIGHT-OF-WAY LINE OF EITERMAN ROAD. THENCE NORTH 87 DEG. 55 MIN. 00 SEC. WEST, A DISTANCE OF 1606.91 FEET ALONG SAID COUNTY LINE TO A POINT IN THE COMMON LINE OF THE 74.503 ACRE TRACT CONVEYED TO UMC VENTURES CORPORATION BY DEED OF RECORD IN OFFICIAL RECORD 664, PAGE 360, AND THE 61.7701 ACRE TRACT CONVEYED TO PEWAMO, LTD., BY DEED OF RECORD IN OFFICIAL RECORD 579, PAGE 727; THENCE NORTH 04 DEG. 38 MN. 54 SEC. WEST, A DISTANCE OF 369.79 FEET ALONG THE COMMON LINE OF SAID 74.503 AND 61.7701 ACRE TRACTS TO AN IRON PIN FOUND AT THE COMMON CORNER OF SAID 74.503 ACRE TRACT AND THE 1.187 ACRE TRACT CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN DEED BOOK 285, PAGE 585; THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE COMMON LINE OF SAID 74.503 AND 1.87 ACRE TRACTS; 1. THENCE NORTH 85 DEG. 21 MIN. 51 SEC. EAST, A DISTANCE OF 192.53 FEET TO AN IRON PIN FOUND AT A COMMON CORNER OF SAID 74.503 AND 1.87 ACRE TRACTS; SAID IRON PIN BEING 255.55 FEET RIGHT OF CENTERLINE STATION 34+36.93; 2. THENCE NORTH 04 DEG. 38 MIN. 46 SEC. WEST, A DISTANCE OF 198.56 FEET TO AN IRON PIN SET IN THE NEW SOUTHEASTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161 (PARCEL 68-WD); SAID IRON PIN BEING 70.00 FEET RIGHT OF CENTERLINE STATION 35+07.60; E~XH~IBIT a IL a ,("~ EXHIBIT A Page? of s RX 270 PiD 80748 Rev. 09/06 PARCEL 69-SH CTY-RTE-SEC UNI-33-24.87 Version Date THENCE NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 252.40 FEET ALONG THE NEW SOUTHEASTERLY RIGHT-OF-WAY LINE OF STATE ROUTE I61 (PARCEL 68-WD), AND ACROSS SAID 74.503 ACRE TRACT, TO AN IRON PIN SET AT THE SOUTHWESTERLY CORNER OF THE NEW LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 16] (PARCEL 68-WLI); SAID IRON PIN BEING 70.00 FEET RIGHT OF CENTERLINE STATION 37+60.00; THENCE CONTINUING NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 52.72 FEET ALONG THE NEW SOUTHEASTERLY LIMITED ACCESS R[GHT-OF-WAY LINE OF STATE ROUTE 16l (PARCEL 68-WLI), AND ACROSS SAID 74.503 ACRE TRACT, TO AN IRON PIN SET IN A COMMON LINE OF SAID 74.503 AND 14.847 ACRE TRACTS; SAID IRON PIN BEING 70.00 FEET RIGHT OF CENTERLINE STATION 38+12.72, AND BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 69-SH; THENCE CONTINUING NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 61.02 FEET ALONG THE NEW SOUTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161 (PARCEL 69-WL), AND ACROSS SAID 14.847 ACRE TRACT, TO AN IRON PIN SET IN THE COMMON LINE OF SAID 14.847 AND 74.503 ACRE TRACTS, BEING 70.00 FEET RIGHT OF CENTERLINE STATION 38+73.74; THENCE SOUTH 15 DEG. O1 MIN. 19 SEC. EAST, A DISTANCE OF 35.59 FEET ALONG SAID COMMON LINE OF THE 14.847 AND 74.503 ACRE TRACTS, TO A POINT IN THE SOUTHEASTERLY LINE OF THE HEREIN DESCRIBED STANDARD HIGHWAY EASEMENT, BEING 105.00 FEET RIGHT OF CENTERLINE STATION 38+67.26; THENCE SOUTH 64 DEG. 30 MIN. 09 SEC. WEST, A DISTANCE OF 61.02 FEET ALONG THE SOUTHEASTERLY LINE OF TH£ AEREIN DESCRIBED STANDARD HIGHWAY EASEMENT, AND ACROSS SAID 14.847 ACRE TRACTS TO A POINT IN THE COMMON LINE OF SAID 74.503 ANA 14.847 ACRE TRACTS, BEING 105.00 FEET RIGHT OF CENTERLINE STATION 38+06.25; THENCE NORTH I S DEG. O1 MIN. 19 SEC. WEST, A DISTANCE OF 35.59 FEET ALONG THE COMMON LINE OF SAID 74.503 AND ]4.847 ACRE TRACTS, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 69-SH, CONTAINING 0.049 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, 0.049 ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PARCEL 39-0001003.000, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00- 0 t 7.000. ALL IRON PINS SET ARE 3/4 INCHES 119 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 S.R. ]61, UNLESS OTHERWISE SHOWN. RX 270 Rev. 09/06 EXHIBIT A Page 3 of 3 PID 80748 PARCEL 69-SH CTY-RTE-SEC lJN]-33-24.87 Version Date THE BEARINGS FOR THE UNI-33-24.87 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 SLRVEYOR 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 586, PAGE 945, OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. t,. a: a; t,,, ~,, 'C E- .J fi n '~. '` ,~ ~' ;_ ......., uhf '., C O . Q ~ `-- 'A- o S?EVEN ~; if ~. ~al~f7~ ~=. ,.'P 7 a94 ,~ p~ es~ °aafLquot:pt,t a R. D. ZANDE AND ASSOCIATES, INC. REGISTERED SURVEYOR NO. 719] DATE 7a LARRY D. & KAREN C. PETERS 73 17-0031020.700 7.190 ACRES JOHN L VICKERS D.B. 339, PG. 767 15-0037018.700 DRIG. 3.015 ACRES OR 378, PG. 869 _ EX~ F~ X ~ RIj w E _i 1 ~, 5 R~j -~~ ~~_1 36 ~~ 09 i l wL~ / N 6451 ~EX_ R~ ~ V` i~~ i~ j (`~) L4 ~o a iH11P ~ ES 67 68 UMC VENTURES CORPORATION 39-0001003.100 74.503 ACRES OR 664, PG. 360 64 EXHIBIT B ~\ RON~ O / G M 0 00 / OOP kE PG 459 \ T5 00 27s. R IAL L E IN ppR ~ i i ME~i'~~~ RO' O~UgL' / w ~ ~ C\T~ Of u~. RIB ' X69 , O. ~ / ~~l 5&-\ / ,6 7j r 69 ~ 0.049 ACRES tea, 68 UMC YENNRES 69 CORPORATION 39-0001003.100 74.503 ACRES OR 664, PG. 360 NUMBER DIRECTION DISTANCE L7 N 8T57'12~ W 120.77' L2 N 85'21"57~ E 192.53' L3 N 04'38'46' W 198.56' L4 N 64'30'09' E 252.40' L5 N 84'30'09' E 52.72' L6 N 64'30'09' E 67.02' L7 5 15'07'19' E 35.59' L8 S 64'30'09' W 61.02' l9 N 75'01'19' W 35.59' MONUM M F. ND m STONE FOUND d 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 SEi \t'~ \'"a ~~ ~~'i, P\ y_ %s\ Z UNION CO \~d BEGIN FOR F~ -~~ -.~ REFERENCE R4NKLIN CO. "'~-eT6$'DO' W i60g,g1'~~. tZ- ~~ ~ /" ~ if ~~ O PEWAMO, LTD. O 7001 POST ROAD LLC 64 76-0001001.000 69 39-0001003.000 PARCEL 69-SH 67.7701 ACRES 14.847 ACRES OR 579, PG. 727 OR 586, PG. 945 UNI-33-24.87 0 DUBLIN UNON COUNTY OHIO P F CItY OF DUBLIN TH6 PARCEL OES WNHIN ZONE 'X' C17 4DtG1NIA 7/IIJTARY SURVEY 87'{8 67 ' ' FlRM MAP NUMBER 39-0001074.000 OF THE 7.187 ACRES 39049C0108H. WTM AN EFFECTNE 0 100 200 DB 265. PG. 585 DATE OF 3/18/04 OF tE a SCME N FEET BASIS OF BEARINGS THE BEARINGS FOR THE UNI-7}24.87 PROJECT ARE BASED y ~P STEVEN~'y Prepued BY iat !ac RD Y M 3 A UPON STATE PWIE GRID BEARINGS FROM THE OHK7 o if a j RADER . a e srx a D Q J600 Late SAon Or., .Slriti f00 COORDINATE SYSIEM, SOU01 ZONE, NAD 83 (86), AS METHODS THROUGH THE FRANKDN MEASURED USING G P S } tt f 7f 91 pi C°[um0ux OArO I980I ' . . . COUNTY ENGINEER'S STATIONS FRANK 72', 'FWWK 172', 'EGGS 5536', AND 'EGGS 5534'. ~ 0+~„ f° or°icec p °~oNA~ gJ (8 !J 6-1989 PAOac 3~t~ ' Rpi~brM Swryor 7191 Oal~ gg EXHIB{T RX?86 n PID Rev. 09/06 3 ~ PARCEL CTY-RTE-SEC Version Date PARCEL 69-T UNI-33-24.87 TEMPORARY EASEMENT FOR THE PURPOSE OF PERFORMING THE WORK NECESSARY TO TO RECONSTRUCT AND REMOVE A DRIVE FOR APPROXIMATELY 24 MONTHS FROM DATE OF ENTRY BY THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION Page 1 oft 80746 69-T lNI-33-24.87 06/04!07 (Surveyor's description of the premises follows] SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, CITY OF DUBLIN, LOCATED IN VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE 14.847 ACRE TRACT CONVEYED TO 7001 POST ROAD LLC BY DEED OF RECORD IN OFFICIAL RECORD 586, PAGE 945, RECORDS OF THE RECORDER'S OFFICE, UNION COL7ITY, 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 S.R. 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 69-T; BEGINNING FOR REFERENCE AT AN IRON PIN SET AT THE INTERSECTION OF NEW THE SOUTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF S.R. ]61 WITH A WESTERLY COMMON LINE OF SAID 14.847 ACRE TRACT AND THE 74.503 ACRE TRACT CONVEYED TO UMC VENTURES CORPORATION BY DEED OF RECORD IN OFFICIAL RECORD 664, PAGE 360; SAID IRON PIN BEING 70.00 FEET RIGHT OF CENTERLINE STATION 38+12.72; THENCE SOUTH 15 DEG. OI MIN. 19 SEC. EAST, A DISTANCE OF 35.59 FEET ALONG SAID WESTERLY COMMON LINE OF THE 14.847 AND 74.503 ACRE TRACTS, TO A POINT IN THE SOUTHEASTERLY LINE OF THE NEW STANDARD HIGHWAY EASEMENT (PARCEL 69-SH), BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 69-T; SAID POINT BEING ]05.00 FEET RIGHT OF CENTERLINE STATION 38+06.25; THENCE NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 61.02 FEET •ALONG THE SOUTHEASTERLY LINE OF SAID NEW STANDARD HIGHWAY EASEMENT, AND ACROSS SAID 14.847 ACRE TRACT TO A POINT IN A EASTERLY COMMON LINE OF THE 14.847 AND 74.503 ACRE TRACTS, BEING 105.00 FEET RIGHT OF CENTERLINE STATION 38+67.26; THENCE THE FOLLOWING THREE (3) COURSES AND DISTANCES ALONG THE EASTERLY AND NORTHEASTERLY COMMON LINES OF SAID 14.847 AND 74.503 ACRE TRACTS; 1. THENCE SOUTH IS DEG. O1 MIN. 19 SEC. EAST, A DISTANCE OF 181.23 FEET TO A POINT OF CURVATURE, BEING 283.21 FEET RIGHT OF CENTERLINE STATION 38+34.31; 2. THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 95.00 FEET, A CENTRAL ANGLE OF 54 DEG. 54 MIN. 43 SEC., AN ARC LENGTH OF 91.05 FEET, THE CHORD TO WHICH BEARS SOUTH 42 DEG. 28 MIN. 41 SEC. EAST, A CHORD DISTANCE OF 87.60 FEET, TO A POINT OF TANGENCY; SAID POINT BEING 367.00 FEET RIGHT OF CENTERLINE STATION 38+59.90; 3. THENCE SOUTH 69 DEG. 56 MIN. 02 SEC. EAST, A DISTANCE OF 28.29 FEET TO A POINT, BEING 387.20 FEET RIGHT OF CENTERLINE STATION 38+79.70; EXHIBIT A Page z otz RX 286 Pm 80748 Rev. 09/06 PARCEL 69-T CTY-RTE-SEC UVI-33-24.87 Version Date 06/04/07 THENCE SOUTH 20 DEG. 03 MIN. 58 SEC. WEST, A DISTANCE OF 60.00 FEET ACROSS SAID 14.847 ACRE TRACT TO A POINT IN A SOUTHWESTERLY COMMON LINE OF SAID ]4.847 AND 74.503 ACRE TRACTS, BEING 429.20 FEET RIGHT OF CENTERLINE STATION 38+36.86; THENCE THE FOLLOWING THREE (3) COURSES AND DISTANCES ALONG THE SOUTHWESTERLY AND WESTERLY COMMON LINES OF SAID 14.847 AND 74.503 ACRE TRACTS; 1. THENCE NORTH 69 DEG. 56 MIN. 02 SEC. WEST, A DISTANCE OF 28.29 FEET TO A POINT OF CURVATURE, BEIiQG 409.00 FEET RIGHT OF CENTERLINE STATION 38*17.05; 2. THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF ] 55.00 FEET, A CENTRAL ANGLE OF 54 DEG. 54 MIN. 43 SEC., AN' ARC LENGTH OF 148.55 FEET, THE CHORD TO WHICH BEARS NORTH 42 DEG. 28 MIN. 41 SEC. WEST, A CHORD DISTANCE OF 142.93 FEET TO A POINT OF TANGENCY, BEIiQG 272.30 FEET RIGHT OF CENTERLINE STATION 37+75.31; 3. THENCE NORTH 15 DEG. 0 t MIN. l9 SEC. WEST, A DISTANCE OF 170.14 FEET TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 69-T, CONTAINING 0.446 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, 0.446 ACRES ARE CONTAINED WITHIN UNION COLTITY AUDITOR'S PARCEL 39-0001003.000, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00- 017.000. ALL IRON PINS SET ARE 3/4 INCHES IN 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 S.R. 161. UNLESS OTHERWISE SHOWN. THE BEARINGS FOR THE UNI-33-24.87 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". "FOGS 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 586, PAGE 945, OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. ,,E ~~' _ 4 '~f~~ ~ .°~ STEVEN . ~`: yr -n E - A€3L°R N^~o.`'~~~~43t ~~ ::gip `; ,c~, ~.,/S7ER.- ~Cr, "S7phlAt- S~~ R D. ZANDE AND ASSOCIATES, INC. k~~~~ C~ ~~ lil~`K~7 REGISTERED SURVEYOR NO. 7191 DATE LARRY D. 6 74 KAREN C. PETERS 17-0037020.700 ~ ~y~Vl 1.190 ACRES D.B. 339, PG. 767 /~ Sg Sgt 73 ~ C~ E ~/ Ex' p9 N 6A ~ 7WP . ~ i 3ER0~ p0g \N / ~ _ /' LJ/ ~Mli~ /i //. /~ _~e/W /~ t t `mil rW ~`1 RI' ~~'li /_.~/ 68 OF Z7 P01~NN1i UMC VENTURES CORPORATION 39-0001003.100 74.503 ACRES OR 664, PG. 360 69 _T 0.446 ACRES NUMBER DIRECT70N DISTANCE Li S 75'01'19' E 35.59' L2 N 64'30'09" E 61.02' L3 S 7507'19' E 181.23' L4 5 69'56'02" E 28.29' LS S 20'03'58' W 60.00' L6 N 69'56'02" W 26.29' L7 N 7501'19" W 170.14' NUMBER DELTA ANG. RADIUS ARC LEN CHORD DIRECTION CHORD C7 54'54'43" 95.00' 91.05' S 42'28'41' E 87.60' C2 54'54'43' 155.00' 148.55' N 42'28'47" W 142.93' ~~-t / ~SH2~ ~/ 68 UMC VENTURES CORPORATION 39-0007003.100 74.503 ACRES OR 664, PG. 360 69 ORIG. 3.015 ACRES ® STONE FOUND PARCEL 69-T u R.R.S. FOUND OR 378, PG. 869 O R/W MONUMENT FOUND UNI-33-24.67 DON G. MRCHELL O RE84F2 FOUND ~ C(TY OF DUBLIN, UHION COUNTY. OHIO 75 17-0031020.000 O IRON PIN FOUND YIItGA7A )BT.TEAl2Y SURVEY 8748 2.67 ACRES 0) I.P.F. WRH I.D. CAP o sD 1ao O.B. 278, PG. 459 • 3/4' IRON PIN SET SrA~E w ~r BASIS OE BEARINGS ~~ ur 0 P»pered Bl THE BEARINGS FOR THE UNI-33-24.87 PROJECT ARE H/SED ~t STEVEN ~o RO. Ymid~ d A.vooW~; lr+c UPON SGTE PLANE GRID BEARINGS FROM THE OHK1 ii E c Q 1500 Laly SAar'v Or., Suih 100 COORDINATE SYSTEY, SOUTN 20NE, NAD d7 (88~. AS RADER {} Co! Ohio I9YW MEASURED USING G.P.S METHODS THROUGH TH FRANNUN ol. 7791 of PAOn~%67i I96-I9B9 / COUNtt ENGINEER'S SUTIONS ~fRN7K 72'. "FRANK 172', fm~~e Ai Att4 jp K~ t;'/~b7 "EGGS 5536', AND 'EGGS 5534. ]ox A~ ~ pogi~twod Svrryor }]191 Doh O JOHN L VICKERS 73 15-0037078.100 75 i AO/ .. / & COHSS. W 39 CIRRI ~~ a ~, ~- ,-. a ~- /~' l`LZ~ i ~ 89 t \-~/ ~ 89 t ~-SHE ~O A~JOo / Arlo y0' ~~ O~ I m ~ o /nN~O ~n o r N O~