Loading...
HomeMy WebLinkAbout58-08 ResolutionRECORD OF RESOLUTIONS Blank, Inc, Form No. 30045 58-08 Resnhrtion No. Passed . 20 A RESOLUTION OF INTENT TO APPROPRIATE A .023 ACRES, MORE OR LESS, FEE SIMPLE INTEREST, A .090 ACRES, MORE OR LESS, STANDARD HIGHWAY EASEMENT, AND A .037 ACRES, MORE OR LESS, TEMPORARY EASEMENT FROM LARRY D. AND KAREN C. PETERS, SAID ACREAGE LOCATED ON THE NORTH SIDE OF S.R. 161, WEST OF INDUSTRIAL PARKWAY AND U.S. 33, TOWNSHIP OF JEROME, 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, standard highway easement, and temporary construction easement in and to the premises described in the attached Exhibit "A", Exhibit "B", Exhibit "C", and Exhibit "D" located in the Township of Jerome, County of Union, State of 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, standard highway easement, and temporary construction easement in and to the premises located in the City of Dublin, County of Franklin, State of Ohio and more fully described in the legal description attached hereto as Exhibit "A", Exhibit "B", Exhibit "C", and Exhibit "D". 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&DUNN~a..~P,, MEMORAIVD UM 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: Resolution No. 58-OS Intent to Appropriate -Larry and Karen Peters Property U.S. Highway 33 and State Route 161 Interchange Improvement Project 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 property owned by Larry D. and Karen C. Peters. The acquisition consists of a .023 acres, more or less, fee simple interest, a .090 acres, more or less, standard highway easement, and a .037 acres, more or less, temporary easement, said acreage located on the north side of S.R. 161, west of Industrial Parkway and U.S. 33, Township of Jerome, County of Union, State of Ohio. ACTION TAKEN IN THIS CASE: Since the year 2006, the Law Department has been in contact with the landowners to inform them of the upcoming construction and effect of the interchange improvement to their properties. A title search was conducted and an appraisal for this property is now complete. The Law Department engaged M/E Companies (Mr. James Howard) to negotiate the acquisition with the landowners. This negotiation will continue to take place after passage of this resolution. This resolution indicates the City's intent to appropriate the above land. This resolution merely begins the eminent domain process and further legislation is necessary to begin acquisition of the land. Memo to Council re Resolution No. 58-08 Intent to Appropriate - Larry and Karen Peters Property July 31, 2008 Page Two 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 No. 58-08. ,~szo.~om Columbus Cleveland Cin<innau {H129236].1 j 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 1 of 3 RX ?50 PID 80748 Rev. IO/06 PARCEL 74-HID CTY-RTE-SEC UNI-33-26.87 Version Dare 05/09/07 PARCEL 74-WD UNI-33-24.87 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/ SI?UATED IN THE STATE OF OHIO, COUNTY OF UNION, JEROME TOWNSHIP, LOCATED IN VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE ORIGINAL 1.190 ACRE TRACT CONVEYED TO LARRY D. AND KAREN C. PETERS BY DEED OF RECORD IN DEED BOOK 339, PAGE 767, RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OH10, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PARCEL OF LAND LYING ON THE LEFT S[DE 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 74-WD; BEGFNNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLINE OF E]TERMAN ROAD AT THE INTERSECTION OF THE FRANKLIN /UNION COUNTY LF,VE; THENCE NORTH 87 DEG. 57 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 EITL-RMAN 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 MIN. 54 SEC. WEST, A DISTANCE OF 369.79 FEET ALONG THE COMMON LINE OF SAID 74.503 AND 61.770] 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 CONTINUING NORTH 04 DEG. 38 MIN. 54 SEC. WEST, A DISTANCE OF 234.39 FEET (PASSING AN IRON PIN FOUND AT A DISTANCE OF 192.43 FEET) ALONG THE COMMON LINE OF SAID 1.187 AND 61.7701 ACRE TRACTS, TO A POINT [N THE EXISTING CENTERLINE OF RIGH?-OF- WAY OF STATE ROUTE 161, BEING THE SOUTHERLY L[NE OF THE ORIGINAL 37.498 ACRE TRACT CONVEYED TO JEROME I ASSOCIATES, LTD., BY DEED OF RECORD IN OFFICIAL RECORD 95, PAGE 346, AT A COMMON CORNER OF SAID 1.187 AND 61.7701 ACRE TRACTS; SAID POINT BEING 32.06 FEET LEFT OF CENTERLINE STATION 33+40.44; THENCE NORTH 65 DEG. 58 MIN. 10 SEC. EAST, A DISTANCE OF 144.96 FEET ALONG SAID EXISTING CENTERLINE OF STATE ROUTE 161, AND THE COMMON LINE OF SAID 1.187 AND SAID ORIGINAL 37.998 ACRE TRACT, TO A POINT AT THE COMMON CORNER OF SAID ORIGINAL 37.998 ACRE TRACT AND SAID ORIGINAL 3.015 ACRE TRACT; SAID POINT BEING 28.35 FEET LEFT OF CENTERLINE STATION 34+85.35; EXHIBIT A Page? of3 RX 250 PiD 80748 Rev. 09/06 PARCEL 74-WD CTY-RTE-SEC ll;~l-3i 24.87 Version Date OS/09,~07 THENCE CONTINUING NORTH 65 DEG. S8 MIN. IO SEC. EAST, A DISTANCE OF 215.53 FEET ALONG SAID EXISTING CENTERLINE OF STATE ROUTE 161, AND THE SOUTHEASTERLY LINE OF SAID ORIGINAL 3.01 S ACRE TRACT TO A POINT AT THE COMMON CORNER OF SAID ORIGINAL 3.O1 S AND 1.190 ACRE TRACTS, BEING 22.83 FEET LEFT OF CENTERLINE STATION 37+00.81, AND BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 74-WD; THENCE NORTH 03 DEG. 24 MIN. OS SEC. WEST, A DISTANCE OF 45.52 FEET (PASSING AN S/8" REBAR FOUND AT A DISTANCE OF 42.84 FEET) ALONG THE COMMON L[NE OF SAID ORIGINAL 3.015 AND 1.190 ACRE TRACTS TO AN IRON PIN SET IN THE NEW NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161, BEING 65.00 FEET LEFT OF CENTERLINE STATION 37+17.93; THENCE NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 42.07 FEET ALONG THE NEW NORTHWESTERLY RIGHT-OF-WAY L[NE OF STATE ROUTE 161, AND ACROSS SAID 1.190 ACRE TRACT, TO AN IRON PIN SET AT A WESTERLY CORNER OF T}~IE NORTHWESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 76] (PARCEL 74-WL); SAID IRON PTN BEING 65.00 FEET LEFT OF CENTERLINE STATION 37+60.00; THENCE SOllTH 2S DEG. 29 Mlle. Sl SEC. EAST, A DISTANCE OF 43.69 FEET ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 74-WL, TO A POINT IN SAID EXISTING CENTERLINE OF STATE ROUTE 161, AND THE SOUTHEASTERLY LINE OF SAID 1.190 ACR£ TRACT, BEING 21.37 FEET LEFT OF CENTERLINE STATION 37+60.00; THENCE SOUTH 6S DEG. S8 MIN. ] 0 SEC. WEST, A DISTANCE OF 59.21 FEET ALONG SAID EXISTING CENTERLINE OF STATE ROUTE t61, AND THE SOUTHEASTERLY LINE OF SAID 1.190 ACRE TRACT, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 74-WD, CONTAINING O.OSO ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPFES 0.047 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, O.OSO ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PARCEL 17-0031020.100, AS SHOWN ON UNION COUNTY G1S MAP NUMBER 146-00-00- 026.001. ALL IRON PINS SET ARE 3/4 NCHES 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 OTHERW [SE SHOWN. THE BEARINGS FOR THE WI-33-24.87 PROJECT ARE BASED UPON STATE PLANE GRID BEARJNGS 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 DSRECTION OF SAID SURVEYOR. EXHJB~T A. Page 3 of 3 RX 250 PID 807x8 Rev. 09!06 PARCEL 7a-WD CTY-RTE-SEC UNI-33-24,87 Version Date OS09/07 GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD iN DEED BOOK 339, PAGE 767, OF THE RECORDER`S OFFICE, UNION COUNTY, OHIO. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. t,,.~,~: ,,..,r.~... .~~~~~~ •""""• Jyi `:, R. D. ZANDE AND ASSOCIATES, INC. '•. C `. s n'ACC:R ~ REGISTERED SURVEYOR NO. 7191 DATE '" 'p '•'I'~c O '~O EXHIBIT Page I of3 RX 25"! PID 80748 Rev. 09106 ----~- PARCEL 74-WL CTY-RTE-SEC 11N433-?487 Version Dace 05;09/07 PARCEL 74WL 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 oz neuter). /Surveyor's description of the premises follows] SITUATED IN THE STATE OF OHIO, COL`NTY OF UNION, JEROME TOWNSHIP, LOCATED IN VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE ORIGINAL 1.190 ACRE TRACT CONVEYED TO LARRY D. AND KAREN C. PETERS BY DEED OF RECORD IN DEED BOOK 339, PAGE 767, RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PARCEL OF LAND LYING ON THE LEFT 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 74-WL; BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLINE- OF EITERMAN ROAD AT THE INTERSECTION OF THE FRANKLIN / LT']ON COUNTY LINE; THENCE NORTH 87 DEG. 57 MTN. 12 SEC. WEST, A DISTANCE OF 120.71 FEET ALONG SAID COUNTY LINE TO A CONCRETE MONUMENT FOUND AT AN ANGLE POINT IN THE EXISTING SOUTHWESTERLY RIGHT-OF-WAY LINE OF EITEFLMAN 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 MIN. 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 CONTINUING NORTH 04 DEG. 38 MIN. 54 SEC. WEST, A DISTANCE OF 23439 FEET (PASSING AN IRON PIN FOUND AT A DISTANCE OF 192.43 FEET) ALONG THE COMMON LINE OF SAID 1.187 AND 6L7701 ACRE TRACTS, TO A POINT IN THE EXISTING CENTERLINE OF RIGHT-OF- WAY OF STATE ROUTE i61, BEING THE SOUTHERLY LINE OF THE ORIGINAL 37.998 ACRE TRACT CONVEYED TO 7EROME I ASSOCIATES, LTD., BY DEED OF RECORD IN OFFICIAL RECORD 95, PAGE 346, AT A COMMON CORNER OF SAID L 187 AND 61.1701 ACRE TRACTS; SAID POINT BEING 32.06 FEET LEFT OF CENTERLINE STATION 33+40.44; EXHIBIT A Page 2 of3 RX ?5? PID 807x8 Rev. 09/06 PARCEL i4-N'L CTY~RTE-SEC UNI-33 ?4.81 Version Dale 0509/07 THENCE NORTH 6S DEG. S8 MIN. i0 SEC. EAST, A DISTANCE OF 144.96 FEET ALONG SAID EXISTING CENTERLINE OF STA?E ROUTE 161, AND THE COMMON LINE OF SAID 1.187 AND SAID ORIGINAL 37.998 ACRE TRACT, TO A POINT AT THE COMMON CORNER OF SAID ORIGINAL 37.998 ACRE TRACT AND SAID ORIGINAL 3.015 ACRE TRACT; SAID POINT BEING 28.35 FEET LEFT OF CENTERLINE STATION 34+85.35; THENCE CONTINUING NORTH 65 DEG. 58 MIN. ]0 SEC. EAST, A DISTANCE OF 215.53 FEET ALONG SAID EXISTING CENTERLINE OF STATE ROUTE 161, AND THE SOUTHEASTERLY LINE OF SAID ORIGINAL 3.015 ACRE TRACT TO A POINT AT THE COMMON CORNER OF SAID ORIGINAL 3.015 AND I . f 90 ACRE TRACTS, BEING 22.83 FEET LEFT OF CENTERLINE STATION 37+00.8 i ; THENCE CONTINUING NORTH 65 DEG. S8 MIN. 10 SEC. EAST, A DISTANCE OF 59.21 FEET ALONG SAID EXISTING CENTERLINE OF STATE ROUTE 161, AND THE SOUTHEASTERLY LINE OF SAID ORIGINAL L 190 ACRE TRACT, TO A POINT, BEING 21.31 FEET LEFT OF CENTERLINE STATION 37+60.00, AND BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 74- WL; THENCE NORTH 25 DEG. 29 MIN. SI SEC. WEST, A DISTANCE OF 43.69 FEET ACROSS SAID Li90 ACRE TRACT TO AN IRON PIN SET IN THE NEW NORTHWESTERLY LIMITED ACCESS RIGHT- OF-WAY LINE OF STATE ROUTE 161, BEING 65.00 FEET LEFT OF CENTERLINE STATION 37+60.00; THENCE NORTH 64 DEG. 30 MN. 09 SEC. EAST, A DISTANCE OF 157.64 FEET ALONG THE NEW NORTHWESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 16 t, AND ACROSS SAID L190 ACRE TRACT, TO AN IRON PIN SET INi THE NORTHEASTERLY LINE OF SAID 1.190 ACRE TRACT; SAID IRON PTN BEING 65.00 FEET LEFT OF CENTERLINE STATION 39+17.64; THENCE SOUTH 22 DEG. 32 MIN. 31 SEC. EAST, A DISTANCE OF 47.73 FEET (PASSING AN IRON P[N FOLND AT A DISTANCE OF 7.72 FEET) ALONG SAID NORTHEASTERLY LINE OF THE ORIGINAL 1.190 ACRE TRACT, TO A POINT IN SAID EXISTING CEN"FERLINE OF STATE ROUTE 161, AT AN EASTERLY CORNER OF SAID 1.190 ACRE TRACT; SAID POINT BEING 1734 FEET LEFT OF CENTERLINE STATION 39+15.18; THENCE SOUTH 65 DEG. S8 MIN. 10 5EC. WEST, A DISTANCE OF 155.23 FEET ALONG SAID EXISTING CENTERLINE OF STATE ROUTE 161 AND THE SOUTHEASTERLY LINE OF SAID 1.190 ACRE TRACT, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 74-WL, CONTAINING 0.164 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.144 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, 0.164 ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PARCEL 17-003(020.!00, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00- 026.001. 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 CENTERLNE OF RIGHT-OF-WAY AND CONSTRUCTION OF S.R. 161, UNLESS OTHERWISE SHOWN. THE BEARRJGS 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 ENGP,JEER'S STATIONS "FRANK 72", "FRANK 172". "FCGS 5536". AND "FCGS 5534". RX ZS'_ Rev. 09/06 EXHIBIT A P[D PARCEL CTY-RTE-SEC version Date Page 3 of 3 80738 74-WL UN{-33-?3.87 05/09/07 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 DEED BOOK 339, PAGE 767, OF THE RECORDER'S OFFICE, UNION COLTTY, OHIO. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. .t"F'""~~,,,, , - S EyEry ':. ~ *ZADE{~ c "O ~~ 7t97 F,,,:,:,,~~:,,.: R. D. ZANDE AND ASSOCIATES, INC. REGISTERED SURVEYOR NO. 7191 DATE EXHIBIT Page 1 of 3 ftX 270 ~ PID 807x8 Rev. 09/06 ~ PARCEL 74-SH CiY-RTE-SEC UNI-33-24.87 Version Date 05/09/07 PARCEL 74-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 himse}f 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 [N THE STATE OF OHIO, COUNTY OF UNION, JEROME TOWNSHIP, LOCATED ]N VIRGINIA MILITARY SliRVEY NO. 6748, BEING A PART OF THE ORIGINAL ].190 ACRE TRACT CONVEYED TO LARRY D. AND KAREN C. PETERS BY DEED OF RECORD IN DEED BOOK 339, PAGE 767, 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 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 OH10 DEPARTMENT OF TRANSPORTATION IN. 2005 AND 2006, AND BEING LOCATED WITHIN THE FOLLOWING DESCRIBED BOUNDARY POINTS OF PARCEL 74-SH; BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLINE OF EITERMAN ROAD AT THE INTERSECTION OF THE FRANKLIN /UNION COU?JTY 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 EXISTING 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 MIN. 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.]87 ACRE TRACT CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN DEED BOOK 285, PAGE 585; THENCE CONTINUING NORTH 04 DEG. 38 MIN. 54 SEC. WEST, A DISTANCE OF 23439 FEET (PASSING AN IRON PIN FOUND AT A DISTANCE OF 192.43 FEET) ALONG THE COMMON L[NE OF SAID 1.187 AND 61.770( ACRE TRACTS, TO A POINT IN THE EXISTING CENTERLINE OF RIGHT-OF- WAY OF STATE ROUTE 161, BEING THE SOUTHERLY LINE OF THE ORIGINAL 37.998 ACRE TRACT CONVEYED TO JEROME I ASSOCIATES, LTD., BY DEED OF RECORD I1J OFFICIAL RECORD 95, PAGE 346, AT A COMMON CORNER OF SAID 1.187 AND 61.7701 ACRE TRACTS; SAID POINT BEING 32.06 FEET LEFT OF CENTERLINE STATION 33+40.44; EXHIBIT A Paget 0(3 AX 270 PID 80768 Rev. 09/06 PARCEL 74-SH CTY-RTE-SEC W, I-33--24.87 Versior. Date 05/09/07 THENCE NORTH 65 DEG. 58 MIN. 10 SEC. EAST, A DISTANCE OF 144.96 FEET ALONG SAID EXISTING CENTERLINE OF STATE ROUTE 161, AND THE COMMON LINE OF SAID 1.187 AND SAID ORIGINAL 37.998 ACRE TRACT, TO A POINT AT THE COMMON CORNER OF SAID OR]GINAL 37.998 ACRE TRACT AND SAID ORIGRJAL 3.Oli ACRE TRACT; SAID POINT BEING 28.35 FEET LEFT OF CENTERLINE STATION 34+85.35; THENCE CONTINUING NORTH 65 DEG. 58 MIN. ]0 SEC. EAST, A DISTANCE OF 215.53 FEET ALONG SAID EXISTING CENTERLINE OF STATE ROUTE 161, AND THE SOUTHEASTERLY LINE OF SAID ORIGINAL 3.015 ACRE TRACT TO A POINT AT THE COMMON CORNER OF SAID ORIGINAL 3.0 ] 5 AND 1.190 ACRE TRACTS, BEING 22.83 FEET LEFT OF CENTERLINE STATION 37+00.81; THENCE NORTH 03 DEG. 24 MIN. OS SEC. WEST, A DISTANCE OF 45.52 FEET (PASSING AN S/8" REBAR FOUND AT A DISTANCE OF 42.84 FEET) ALONG THE COMMON LINE OF SAID ORIGINAL 3.015 AND 1.190 ACRE TRACTS TO AN IRON PIN SET IN THE NEW NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE i61, BEING 65.00 FEET LEFT OF CENTERLINE STATION 37+t7.93; SAID IRON PIN BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 74-SH; THENCE CONTINUING NORTH 03 DEG. 24 MTN. 05 SEC. WEST, A DISTANCE OF 21.59 FEET ALONG THE COMMON LINE OF SAID ORIGINAL 3.OI5 AND ].190 ACRE TRACTS TO A POINT IN THE NORTHWESTERLY LINE OF THE HEREIN DESCRIBED STANDARD HIGHWAY EASEMENT, BEING 85.00 FEET LEFT OF CENTERLINE STATION 37+26.05; THENCE NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 192.62 FEET ALONG THE NORTHWESTERLY LINE OF THE HEREIN DESCRIBED STANDARD HIGHWAY EASEMENT, AND ACROSS SAID 1.190 ACRE TRACT, TO A POINT IN THE NORTHEASTERLY LINE OF SAID 1.190 ACRE TRACT, BEING 85.00 FEET LEFT OF CENTERLINE STATION 39T18.68; THENCE SOUTH 22 DEG. 32 MIIV. 31 SEC. EAST, A DISTANCE OF 20.03 FEET ALONG THE NORTHEASTERLY LINE OF SAID ].190 ACRE TRACT TO AN IRON PIN SET IN THE NEW NORTHWESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161 (PARCEL 74-WL), BEING 65.00 FEET LEFT OF CENTERLINE STATION 39+17.64; THENCE SOUTH 64 DEG. 30 M[N. 09 SEC. WEST, A DISTANCE OF 157.64 FEET ALONG THE NEW NORTHWESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161, AND ACROSS SAID Lt90 ACRE TRACT, TO AN IRON PIN SET IN THE NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 16I (PARCEL 74-WD), AT A COMMON CORNER OF SAID PARCELS 74-WL AND 74-WD; SAID IRON PIN BEING 65.00 FEET LEFT OF CENTERLINE STATION 37+60.00; THENCE CONTINUING SOUTH 64 DEG. 30 MIN. 09 SEC. WEST, A DISTANCE OF 42.07 FEET ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161, AND ACROSS SAID 1.190 ACRE TRACT, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 74- SH, CONTAINING 0.090 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, 0.090 ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PARCEL 1 7-003 1 020.100, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00- 026.001. 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. RX 270 Rev. 09.x06 EXHIBIT A PfD PARCE6 C7l'-RTE-SEC Version Dale Page i of 3 60748 74-SH LJt~l-3i-24.81 0S/09!07 THE BEARINGS FOR THE L'Ni-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 ]72", "FCGS 5536", AND "FCGS SS34". 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 DEED BOOK 339, PAGE 767, OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. O ~G~ .y~; ~. - _ RADE4~ _ U '-. 7? 9? ,~ r .p .,.,per v , : ~o ~'~.. °S/piVAisv~ .a'"• ~'3j~•yL u' u p crr R. D. ZANDE AND ASSOCIATES, INC. ~~~ ~ ~~ sl~lo~ REGISTERED SURVEYOR N0. 7191 DATE EXHfBIT RX 286 PiD Rev. 09/06 ~ PARCEL CTY-RTE-SEC Version Date PARCEL 74-T UNI-33-24.87 TEMPORARY EASEMENT FOR THE PURPOSE OF PERFORMING THE WORK NECESSARY TO RECONSTRUCT A DRIVE FOR APPROXIMATELY 24 MONTHS FROM DATE OF ENTRY BY THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION Pale 1 oft 80748 7a-T UNI-33-24.87 05/09/07 ~Sun~eyor's description of the premises follows] SITUATED IN THE STATE OF OHIQ COUNTY OF IINiON, JEROME TOWNSHIP, LOCATED IN VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE ORIGINAL 1.190 ACRE TRACT CONVEYED TO LARRY D. AND KAREN C. PETERS BY DEED OF RECORD IN DEED BOOK 339, PAGE 767, RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PARCEL OF LAND LYING ON THE LEFT 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 1N 2005 AND 2006, AND BEING LOCATED WITHIN THE FOLLOWING DESCRIBED BOUNDARY POINTS OF PARCEL 74-T; BEGINNING FOR REFERENCE AT AN IRON PIN SET AT THE INTERSECTION OF THE NEW NORTHWESTERLY RIGHT-OF-WAY L1TiE OF STATE ROUTE 16i, WITH THE COMMON LINE OF SAID 1.190 ACRE TRACT AND THE ORIGINAL 3.015 ACRE TRACT CONVEYED TO JOHN L. VICKERS BY DEED OF RECORD IN OFFICIAL RECORD 378, PAGE 869; SAID IRON PIN BEING 65.00 FEET LEFT OF CENTERLINE STATION 37+17.93; THENCE NORTH 03 DEG. 24 MIN. OS SEC. WEST, A DISTANCE OF 21.59 FEET ALONG THE COMMON LINE OF SAID ORIGINAL 3.015 AND 1.190 ACRE TRACTS TO A POINT IN THE NORTHWESTERLY LEvE OF A STANDARD HIGHWAY EASEMENT (PARCEL 74-SH), BEING 85.00 FEET LEFT OF CENTERLINE STATION 37+26.05, AND BEING THE POINT OF TRliE BEGINNING OF THE HEREIN DESCRIBED PARCEL 74-T; THENCE CONTINUING NORTH 03 DEG. 24 MIN. OS SEC. WEST, A DISTANCE OF 32.38 FEET ALONG THE COMMON LINE OF SAID ORIGINAL 3.015 AND L190 ACRE TRACTS, TO A POINT BEING l 15.00 FEET LEFT OF CENTERLINE STATION 37-38.23; TRACT; THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ACROSS SAID 1.190 ACRE 1. THENCE NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 53.09 FEET TO A POINT BEING 1 15.00 FEET LEFT OF CENTERLINE STATION 37+91.32; 2. THENCE SOUTH 04 DEG. 49 MIN. 23 SEC. EAST, A DISTANCE OF 32.06 FEET TO A POINT IN SAID NORTHWESTERLY LINE OF THE STANDARD HIGHWAY EASEMENT, BEING 85.00 FEET LEFT OF CENTERLINE STATION 37+80.00; THENCE SOUTH 64 DEG. 30 MIN. 09 SEC. WEST, A DISTANCE OF 53.95 FEET ALONG SAID NORTHWESTERLY LINE OF THE STANDARD HIGHWAY EASEMENT, AND ACROSS SAID 1.190 ACRE TRACT, TO THE POINT OF TRUE BEGINNING OF T}~E HEREIN DESCRIBED PARCEL 74-T, CONTAUING 0.037 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, 0.037 ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PARCEL 17-0031020.]00, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00- 0~6.001. RX ?86 Rev. 09/06 EXHIBIT A PID PARCEL CTY-RTE-SEC Verion Date Page ? of? 80748 74-T UNI-33-?4.87 05!09/07 ALL IRON PINS SET ARE 3/4 INCHES RJ 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", "FCGS 5536". AND "FCGS 5534". THIS DESCRIPTION WAS PREPARED BY STEVEN E. RADER, REGISTERED SURVEYOR 7191, AND tS BASED L'PON 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 DEED BOOK 339, PAGE 767, OF THE RL-CORDER'S OFFICE, UNION COUNTY, OHIO. THIS TEMPORARY EASEMENT [S FOR THE PURPOSE OF PERFORMING THE WORK NECESSARY TO RECONSTRUCT A DRIVE. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PARTTHEREOF. ~,r ` ~/ J,I :` * ~ STEVEN ': Yc =. L RACER -~'., Pt 719'1 q.•,,n~,` ~^,.^ ~' • C.lS TER'N' ~,i ~,~5%OiyAl SJ~v .,,. n ~ ~.,.:'.ew R. D. ZANDE AND ASSOCIATES, INC. RE ISTERED SURVEYOR NO. 7191 DATE