HomeMy WebLinkAboutOrdinance 08-13RECORD OF ORDINANCES
Ordinance No.
08 -13
AN ORDINANCE AUTHORIZING THE CITY MANAGERTO ENTER INTO
A LAND EXCHANGE AGREEMENT WITH 3OHN W. MCKITRICK FOR
PROPERTY NECESSARY FOR THE EMERALD PARKWAY EXTENSION
FROM DUBLIN ROAD TO SAWMILL ROAD (EMERALD 8).
WHEREAS, the City of Dublin ( "City ") is preparing to construct the Emerald Parkway
Phase 8 roadway construction project ( "Project'o; and
WHEREAS, the City must acquire right of way and a general utility easement from real
estate owned by John W. McKitrick ( "McKitrick ") in order to construct the Project; and
WHEREAS, the City Exchange Property consists of 2.0 acres, more or less, with 0.569
acres, more or less, encumbered with easements; and
WHEREAS, the McKitrick Exchange Properties consist of 1.126 (0.031 acres of PRO)
acres, more or less, in fee simple for right of way; .038 ( 0.020 acres of PRO) acres, more
or less, in fee simple for right of way; 0.129 acres, more or less, for a utility easement;
and .098 acres, more or less, for a temporary easement; and
WHEREAS, the City and McKitrick have come to mutually agreeable terms for the
acquisition of property owned by McKitrick by exchanging a portion of City Property to Mr.
McKitrick; and
WHEREAS, the City desires to execute all necessary conveyance documentation to
complete the transaction between McKitrick and the City.
NOW,REFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute the Land Exchange
Agreement attached as Exhibit "A" and all necessary documents for the City to convey
2.0 acres, more or less, to John H. McKitrick in exchange for the McKitrick Exchange
Properties consisting of 1.126 (0.031 acres of PRO) acres, more or less, in fee simple for
right of way; .038 ( 0.020 acres of PRO) acres, more or less, in fee simple for right of
way; 0.129 acres, more or less, for a utility easement; and .098 acres, more or less, for a
temporary easement.
Section 2. This ordinance shall go into effect upon the earliest date permitted by law.
Passed this /fi day of d' 2013.
Mayor - P sid ng Officer
ATTEST:
Form No. 30043
Passed 20
(e (
Clerk of Council
ICE M I LLERLLP
LEGAL COUNSEL
MEMORANDUM
TO Dublin City Council
Marsha I. Grigsby, City Manager
Paul A. Hammersmith, PE, Director of Engineering /City Engineer
FROM Stephen J. Smith, Law Director
Philip K. Hartmann
DATE: January 24, 2013
RE: Ordinance 08 -13 - Emerald Parkway Phase 8 - John W. McKithick
PROJECT BACKGROUND
The City of Dublin ( "City ") is preparing to construct the Emerald Parkway Phase 8 roadway
construction project. The City must acquire property interests from various landowners located
within the City in order to construct this roadway project. A representative of the City has
contacted the landowners in order to gauge their respective interests in selling the needed
property interests to the City.
ACQUISITION INTRODUCTION:
The City has successfully negotiated a land exchange transaction with John W. McKithick
( "McKithick "). The City will be acquiring right -of -way, a utility easement and temporary
easement from McKithick. The map attached to this memorandum depicts those property
interests needed for the Emerald Parkway Phase 8 construction project from McKitrick and the
property the City will convey in fee simple to McKithick in lieu of money compensation. The
City also will retain the right to the use of the full access provided to Emerald Parkway on the
City Exchange Property upon future development of the remaining City Property and retain
easements needed along Emerald Parkway.
ACTION TO BE AUTHORIZED BY ORDINANCE:
This ordinance will allow the City Manager to execute all necessary conveyance documentation
to formally exchange the aforementioned property interests.
RECOMMENDATION:
Staff recommends passage of Ordinance 08 -13 at the second reading /public hearing on February
11, 2013 as the acquisition of these property interests is necessary for the furtherance of the
Emerald Parkway Phase 8 construction project.
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City of Dublin
5800 Shier Rings Road • Dublin, Ohio 43016 -1236
Phone (614)410 -4600 • Fax (614)761 -6506
LEGEND
PROPOSED RIGHT -OF -WAY
10 -WD1: GROSS = 1.126 Ac.
P. R.O. = 0.031 Ac.
NET = 1.095 Ac.
10 -WD2: GROSS = 0.038 Ac.
P. R.O. = 0.020 Ac.
NET = 0.018 Ac.
PROPOSED PERMANENT
EASEMENT
10 -U: 0.129 Ac.
PROPOSED TEMPORARY
EASEMENT
10 -T: 0.098 Ac.
FORMER BORROR PROPERTY
TO BE ACQUIRED BY McKITRICK
PROPERTIES INC. 2.0 Ac. ±
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EXHIBIT " A "
EMERALD PARKWAY
PHASE 8
3865 BRIGHT ROAD
DUBLIN, OHIO 43017
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CITY OF
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McKITRICK
PROPERTIES
INC.
DRAWN CHECKED DATE: I JOB N0. I SCME, ,. _ 4OW
MSS 01/24/13 07 -008 0' 1W 200' +�
AGREEMENT FOR THE EXCHANGE OF LAND
THIS AGREEMENT FOR THE EXCHANGE OF LAND (this "Agreement ") is made and
entered into on this day of , 2013 (the "Effective Date "), by and between
McKitrick Properties, Inc. (the "Company "), whose mailing address is 2333 Gulf of Mexico
Drive, Unit C3, Longboat Key, FL 34228, and the CITY OF DUBLIN, OHIO, an Ohio
municipal corporation (the "City "), whose mailing address is 5200 Emerald Parkway, Dublin,
Ohio 43017. The City and the Company may hereinafter be referred to individually as a "Party ",
or collectively as the "Parties."
Background Information
A. The City is the owner of certain real property consisting of approximately 6.653 acres
of land, known as Franklin County Auditor's Tax Parcel Identification Number 273 - 012353 -00
( "City Property "), and the Company is the owner of certain real property consisting of
approximately 34.314 acres of land, known as Franklin County Auditor's Tax Parcel
Identification Number 273 - 008610 ( "Company Property "), which is located adjacent to the City
Property.
B. In September of 2012, the City and the Company agreed on a settlement brought
about by the City's desire to acquire a portion of the Company's parcel for the extension of
Emerald Parkway. The City agreed to transfer a portion of the City Property, as legally
described on the attached Exhibit "1A" and depicted on the survey attached hereto as Exhibit
"113", each of which are incorporated herein and made a part hereof (the "City Exchange
Parcel "), to the Company, and the Company agreed to transfer by general warranty deed, Utility
easement, and temporary easement portions of the Company Property, as legally described on
the attached Exhibits "2A ", "3A" and "4A ", and depicted on the surveys attached hereto as
Exhibits "213" "313" "413", each of which are incorporated herein and made a part hereof (the
"Company Exchange Properties "), to the City in a money -free exchange.
C. Additionally, the Company agrees to execute any and all necessary documents to grant
the City the right to the use of the full access point provided by the City herein to Emerald
Parkway to be located on the City Exchange Parcel to the remaining City Property upon the
development of the remaining City Property.
D. The City and the Company now desire to memorialize the terms of the Agreement and
close on the land exchange through the execution of this Agreement, subject to the terms herein
set forth.
Statement of Agreement
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the City and the Company agree to the foregoing Background
Information and as follows:
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ARTICLE I
EXCHANGE OF LAND
Transfer The City hereby agrees that it shall cause the City Exchange Parcel to be transferred
and deeded to the Company, and the Company hereby agrees that its shall cause the Company
Exchange Properties to be transferred and deeded to the City, upon the terms and conditions of
this Agreement. The Parties agree that no cash will be paid by or to either Party except as
otherwise provided for in this Agreement. The City and the Company agree that the transfer of
the properties contemplated herein shall be a money -free exchange, and for the purposes of such
exchange, the City Exchange Parcel and the Company Exchange Properties shall be considered
to be of equal value such that neither Party shall be required to pay a purchase price to the other
Party in connection with the transfer of same.
Surveys The City has obtained two (2) boundary surveys prepared by Burgess and Niple
depicting and describing the City Exchange Parcel ("City Survey "), which is attached hereto as
Exhibit "113" and the Company Exchange Properties ( "Company Surveys ")," which are attached
hereto as Exhibit "213", "313", and "413". The Company hereby acknowledges that it has
reviewed and approved the City Survey and the Company Surveys for the land exchange
contemplated by this Agreement.
Contingencies This Agreement shall be contingent upon (a) the City obtaining the approval of
the Dublin City Council within forty -five (45) days following the Effective Date ( "Contingency
Period "), and (b) the City and the Company obtaining the requisite approvals from the City of
Dublin for the lot splits necessary to split the City Exchange Parcel from the City Property and to
split the Company Exchange Properties from the Company Property.
Ingress and Egress. City agrees to design and construct Emerald Parkway in such a manner as
to provide the Company Property with ingress and egress in both directions on Emerald
Parkway. Such ingress and egress shall be located approximately as depicted in the City's 2007
Community Plan as approved by Dublin City Council and shown in Exhibit 5.
The Company agrees to provide the City an ingress /egress access easement to the City Property
from and through the City Exchange Parcel and remaining Company Property upon the
development of the remaining City Property. The location of this easement is to be
approximately as depicted in the City's 2007 Community Plan as approved by Dublin City
Council and as shown in Exhibit 5, unless otherwise agreed to by the Parties.
This Section (1.04) shall specifically survive the Closing and delivery of the Deed of
Conveyance, and shall be enforceable by Injunctive Relief, or otherwise.
ARTICLE II
EVIDENCE OF TITLE
Title Examination Within fifteen (15) days after the Effective Date, the City and the Company
each may obtain, at its own expense, a letter report ( "Letter Report") or an ALTA Commitment
for Title Insurance (1966) (the "Title Commitment") issued by Stewart Title Agency of
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Columbus, Inc. ( "Title Insurance Company "), which Letter Report or Title Commitment shall
show all recorded liens and encumbrances affecting the City Exchange Parcel or the Company
Exchange Properties, as the case may be, and shall include copies of all documents referenced in
the Letter Report or Title Commitment. The Letter Report or Title Commitment obtained by the
City shall show in the Company good and marketable title to the Company Exchange Properties,
and the Letter Report or Title Commitment obtained by the Company shall show in the City
good and marketable title to the City Exchange Parcel, free and clear of all liens, charges,
encumbrances and clouds of title, whatsoever, except the following ( "Permitted
Encumbrances "):
(a) Those created or assumed by the City, as to the Company Exchange Properties, or the
Company, as to the City Exchange Parcel;
(b) Zoning ordinances;
(c) Legal highways and public rights -of -way;
(c) Real estate taxes which are liens on the respective properties, but which are not yet due
and payable; and
(d) Covenants, restrictions, conditions and easements of record acceptable to the City, in the
case of the Company Exchange Properties, and to the Company, in the case of the City Exchange
Parcel.
The Letter Report or the Title Commitment, as the case may be, shall fully and completely
disclose all easements, rights -of -way, and any appurtenant rights and easements affecting the
City Exchange Parcel and /or the Company Exchange Properties, as applicable, and shall show
the results of a special tax search and examination for any financing statements filed of record
which may affect the properties.
Title Insurance At the Closing (as hereinafter defined), each Party shall have the right to
purchase, at its own expense, title insurance coverage for the property to which each respective
Party will be taking title.
Title Defects (a) In the event that an examination of either the Title Commitment/Letter
Report or the Company Survey discloses any matter adversely affecting title to the Company
Exchange Properties, or if title to the Company Exchange Properties is not marketable, as
determined by Ohio law with reference to the Ohio State Bar Association's Standards of Title
Examination, or if the Company Exchange Properties is subject to liens, encumbrances,
easements, conditions, restrictions, reservations or other matters not specifically excepted by the
terms of this Agreement, or in the event of any encroachment or other defect shown by the
Company Survey (the foregoing collectively referred to as, "Company Parcel Defects "), the City
shall, within ten (10) days following the later of the City's receipt of both the Title
Commitment/Letter Report and Company Survey, provide the Company with written notice of
any such Defects to which the City is objecting. The Company shall have ten (10) days
following receipt of such written notice to cure or remove any such Company Parcel Defects to
the reasonable satisfaction of the City.
(b) In the event that an examination of either the Title Commitment/Letter Report or
the City Survey discloses any matter adversely affecting title to the City Exchange Parcel, or if
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title to the City Exchange Parcel is not marketable, as determined by Ohio law with reference to
the Ohio State Bar Association's Standards of Title Examination, or if the City Exchange Parcel
is subject to liens, encumbrances, easements, conditions, restrictions, reservations or other
matters not specifically excepted by the terms of this Agreement, or in the event of any
encroachment or other defect shown by the City Survey (the foregoing collectively referred to as,
"City Parcel Defects "), the Company shall, within ten (10) days following the later of the
Company's receipt of both the Title Commitment/Letter Report and City Survey, provide the
City with written notice of any such City Parcel Defects to which the Company is objecting. The
City shall have ten (10) days following receipt of such written notice to cure or remove any such
City Parcel Defects to the reasonable satisfaction of the Company.
ARTICLE III
CLOSING; POSSESSION
Closing Date The property exchange contemplated herein shall be closed through the offices of
Stewart Title Agency of Columbus, Inc. or as otherwise decided by the City (the "Closing ")
within thirty (30) days following the termination of the Contingency Period, which Closing date
may be extended in writing by mutual agreement of the Parties and shall be extended by such
time, if any, as is necessary to cure any Company Parcel Defects and/or City Parcel Defects, as
set forth in Section 2.03 hereof. The Closing shall be at such time as the City and the Company
may mutually agree upon.
General Warranty Deed and Easements At the Closing, the City shall convey to the Company
fee simple title to the City Exchange Parcel identified in Exhibit "1A" and "113", and the
Company shall convey to the City fee simple title and easement to the Company Exchange
Properties identified in Exhibit "2A ", "213", "3A ", "313", "4A" and "413" by validly executed,
recordable general warranty deeds /easement (permanent and temporary), free and clear of all
liens and encumbrances, except the Permitted Encumbrances applicable to each parcel and as
stated within each instrument.
Adiustments at Closing At the Closing, the City and the Company shall apportion, adjust,
prorate and pay the following items in the manner hereinafter set forth:
(a) Real Estate Taxes and Assessments The City shall pay to the Franklin County Treasurer
all delinquent real estate taxes, together with penalties and interest thereon, all assessments
which are a lien against the City Exchange Parcel as of the date of Closing (both current and
reassessed, whether due or to become due and not yet payable), all real estate taxes for years
prior to Closing and real estate taxes for the year of Closing, prorated through the date of
Closing, applicable to the City Exchange Parcel. The Company shall pay to the Franklin County
Treasurer all delinquent real estate taxes, together with penalties and interest thereon, all
assessments which are a lien against the Company Exchange Properties as of the date of Closing
(both current and reassessed, whether due or to become due and not yet payable), all real estate
taxes for years prior to Closing and real estate taxes for the year of Closing, prorated through the
date of Closing, applicable to the Company Exchange Properties. The proration of undetermined
taxes shall be based upon a three hundred sixty -five (365) day year and on the last available tax
rate, giving due regard to applicable exemptions, recently voted millage, change in tax rate or
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valuation (as a result of this transaction or otherwise), whether or not the same have been
certified. The Parties acknowledge the City Exchange Parcel is being split from the City
Property and the Company Exchange Properties is being split from the Company Property, and
therefore, the proration of real estate taxes shall be calculated by multiplying the applicable
foregoing taxes for each parcel by a fraction, the numerator of which shall be the acreage
contained in the City Exchange Parcel or the Company Exchange Properties, and the
denominator of which shall be the total acreage contained in the City Property or the Company
Property, as applicable. The estimated proration of real estate taxes paid by each Party at the
Closing shall be final;
(b) The City 's Expenses The City shall, at the Closing (unless previously paid), pay the
following expenses:
The cost of furnishing the Title Commitment /Letter Report for the Company Exchange
Properties, and the premium for any owner's policy of title insurance for the Company Exchange
Properties desired by the City;
The cost of all municipal services and public utility charges (if any) applicable to the City
Exchange Parcel due through the date of Closing;
The cost of recording the general warranty deed transferring title in the Company Exchange
Properties to the City;
The cost of obtaining the City Survey and the Company Survey; and
One -half (1/2) the fee, if any, charged by the Title Insurance Company for closing the
transactions contemplated herein.
(c) The Company's Expenses The Company shall, at the Closing (unless previously paid),
pay the following expenses:
The cost of furnishing the Title Commitment/Letter Report for the City Exchange Parcel, and the
premium for any owner's policy of title insurance for the City Exchange Parcel desired by the
Company;
The cost of all municipal services and public utility charges (if any) applicable to the Company
Exchange Properties due through the date of Closing;
The cost of recording the general warranty deed transferring title in the City Exchange Parcel to
the Company;
The cost of recording any release or partial release of any mortgages or other liens affecting the
Company Exchange Properties; and
One -half (1/2) the fee, if any, charged by the Title Insurance Company for closing the
transactions contemplated herein.
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(d) Other Closing Costs All other closing costs and expenses not herein referenced and not
specifically attributable to either Party shall be shared equally by the Parties.
(e) Brokers Each Party represents and warrants to the other Party that neither Party has
dealt with or through any real estate broker or real estate company that is claiming, or which may
be entitled to claim, a commission or fee for services relating to this Agreement.
Other Documents The Parties agree that such other documents as may be legally necessary or
appropriate to carry out the terms of this Agreement shall be executed and delivered by the
appropriate party to the Title Insurance Company at Closing. Such documents shall include, but
not be limited to, a settlement statement, affidavits regarding liens, unrecorded matters and
possession as may be reasonably requested by the Title Insurance Company.
ARTICLE IV
WARRANTIES AND REPRESENTATIONS OF THE PARTIES
Warranties and Representation of the Company In addition to any other representations or
warranties contained in this Agreement, the Parties hereby represent and warrant as follows with
respect to the Parcel they are conveying to the other Party:
There are no leases in effect for the Parcel;
The Party is the owner of title to the Parcel, free and clear of any third -party lien;
Neither the Party nor any agent, employee or representative of the Party, has received any notice
or notices, either orally or in writing, from any municipal, county, state or any other
governmental agency or body, of any zoning, fire, health, environmental or building violation, or
violation of any laws, ordinances, statutes or regulations relating to pollution or environmental
standards, which have not heretofore been disclosed to the other Party or otherwise corrected;
The execution, delivery and performance of this Agreement, and the consummation of the
transaction contemplated hereby, will not result in any breach of, or constitute any default under,
or result in the imposition of any lien or encumbrance against the Parcel, under any agreement or
other instrument to which the Party is a party or by which the Party might be bound;
No other person or entity other than the Party currently owns or has any legal or equitable
interest in the Parcel and no other person or entity other than the other Party has or will have any
right to acquire the Parcel, or any portion thereof,
The execution, delivery and performance by the Party of this Agreement and the performance by
the Party of the transactions contemplated hereunder, and the conveyance and delivery by the
Party to the other Party of possession and title to the Parcel have each been duly authorized by
such persons or authorities as may be required, and on the date of Closing, the Party shall
provide the other Party with certified resolutions, or other instruments, in form satisfactory to the
other Party, evidencing such authorization;
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Through and until the date of Closing, the Party shall not enter into any easement, lease or other
contract pertaining to the Parcel without the prior written consent of the other Party;
The Party has not used, generated, discharged, released or stored, and will not use, generate,
discharge, release or store, any Hazardous Substances on, in or under the Parcel, and have
received no notice and have no knowledge of the presence in, on or under the Parcel of any such
Hazardous Substances; (ii) to the best of the Party's knowledge, there are no, and will not be, any
underground storage tanks at the Parcel, whether owned by the Party or its predecessors in
interest; and (iii) to the best of the Party's knowledge, there are no Hazardous Substances, and
will not be, on, in or under the Parcel. "Hazardous Substances" means all "hazardous
substances" (as defined in the Comprehensive Environmental Response Compensation and
Liability Act of 1980, 42 U.S.C. paragraph 9601 et seq. and the regulations promulgated
pursuant thereto, as amended); any other toxic or hazardous waste, material or substance as
defined under any other federal, state or local law, rule, regulation or ordinance; petroleum
products; asbestos and asbestos - containing material; mold; electrical equipment which contains
any oil or dielectric fluid containing polychlorinated biphenyls; and any other pollutant or
environmental contaminant; and
The Party is not a "Foreign Person" as that term is defined in the Foreign Investment in Property
Tax Act.
All representations and warranties set forth in this Article IV shall be true and correct as of the
date hereof and as of the Closing Date, and at Closing, if requested by the Party, the other Party
shall so certify the same, in writing, in form reasonably requested by the other Party.
Breach of Warranties Prior to Closing If, during the pendency of this Agreement, either Party
determines that any warranty or representation given to the other Party under this Agreement
shall be untrue, incorrect or misleading, in whole or in part, the same shall constitute a default
hereunder. In such event, the Party claiming default may give written notice thereof and shall
thereafter have such rights and remedies as may be available as provided herein, at law or in
equity, including, but not limited to, the right to terminate this Agreement and receive
compensation for damages or to proceed to Closing for the completion of this transaction.
ARTICLE V
NOTICES
Notices Notice from one Party to another relating to this Agreement shall be deemed effective
if made in writing and delivered to the recipient's address set forth below by any of the following
means: (i) hand delivery, (ii) registered or certified U.S. mail, postage prepaid, with return
receipt requested, or (iii) Federal Express, UPS, or like overnight courier service. Notice made
in accordance with this Section 5.01 shall be deemed delivered when delivered by hand, upon
receipt or refusal of receipt if mailed by registered or certified U.S. mail, or the next business day
after deposit with an overnight courier service if delivered for next day delivery. The Parties
agree that electronic mail shall not constitute a permitted form of notice under this Section 5.01.
All notices shall be addressed as follows:
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(a) If intended for the Comnany, to
McKitrick Properties, Inc.
2333 Gulf of Mexico Drive, Unit C3
Longboat Key, FL 34228
Attn: John McKitrick
With a copy to
Hill & DeWeese, LLC
7737 Olentangy River Rd.
Columbus, OH 43235
Attn: John W. Hill, Jr.
(b) If intended for the City, to
City of Dublin
5200 Emerald Parkway
Dublin, Ohio 43017
Attn: Marsha Grigsby, City Manager
With a copy to
Ice Miller LLP
250 West Street
Columbus, Ohio 43215
Attn: Stephen J. Smith, Law Director
ARTICLE VI
MISCELLANEOUS PROVISIONS
Survival The warranties, representations, covenants and agreements set forth in this Agreement
shall not be cancelled by performance under this Agreement, but shall survive the Closing and
the delivery of the deed of conveyance hereunder.
Governing Law This Agreement is being executed and delivered in the State of Ohio and shall
be construed and enforced in accordance with the laws of the State of Ohio. For all litigation,
disputes and controversies which may arise out of or in connection with this Agreement, the
undersigned hereby waive the right to trial by jury and consent to the jurisdiction of the courts of
Franklin County, Ohio.
Entire Agreement This Agreement constitutes the entire contract between the Parties hereto,
and may not be modified except by an instrument in writing signed by both Parties, and this
Agreement supersedes all previous agreements, written or oral, if any, between the Parties.
Time of Essence Time is of the essence of this Agreement in all respects.
Binding Effect This Agreement shall be binding upon and inure to the benefit of the Parties
hereto, their respective heirs, legal representatives, successors and assigns.
Invalidity In the event that any provision of this Agreement shall be held to be invalid, the same
shall not affect in any respect whatsoever the validity of the remainder of this Agreement.
Waiver No waiver of any of the provisions of this Agreement shall be deemed, nor shall the
same constitute a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing waiver. No waiver shall be binding, unless executed, in writing,
by the Party making the waiver.
Headings The section headings contained in this Agreement are for convenience only and shall
not be considered for any purpose in construing this Agreement. As used in this Agreement, the
masculine, feminine and neuter genders, and the singular and plural numbers shall be each
deemed to include the other whenever the context so requires.
(Signatures on the following page)
The Parties have hereunto subscribed their names on the day and year first aforesaid.
CITY:
CITY OF DUBLIN, OHIO,
an Ohio municipal corporation
C
Marsha I. Grigsby, City Manager
COMPANY:
McKitrick Properties Inc.
a company
By: _
Its:
EXHIBIT IA
LEGAL DESCRIPTION OF CITY EXCHANGE PARCEL
10
I/-i-
2.000 ACRE TRACT
FROM
CITY OF DUBLIN, OHIO
TO
MCKITRICK PROPERTIES, INC
January 11, 2013
Page 1 of 4
Situate in the State of Ohio, County of Franklin, City of Dublin and being located in Township 2
North, Range 19 West of the United States Military Lands, Quarter Township 2 and part of Lot
Numbered 12 being further described as part of a 6.653 acre tract of lands conveyed to The City
of Dublin, Ohio as described in Instrument No. 201012290177930 of the Franklin County
Recorder's Office and being a parcel of land lying on the Right side of proposed Emerald
Parkway as shown on the Centerline Plat of Emerald Parkway Phase - 8 as shown in Plat Book
, Page and being more particularly described as follows:
COMMENCING at a Railroad Spike found at the centerline intersection of Bright Road at
station 39+41.49 and the East line of the Lot Number 12 as located in Quarter Township 2 and
the Northeast corner of the 28.105 acre Borror /Diocese of Columbus lands and the Northwest
comer of a 1.000 acre tract of lands conveyed to McKitrick Properties, Inc as described in
Official Record 11349 FOI;
THENCE with the West line of the 1.000 acre McKitrick Properties lands, the West line of a
29.178 acre tract conveyed to McKitrick Properties, Inc as described in Official Record 12527
J16, and the East line of the 28.105 acre Borror /Diocese of Columbus lands and the East line of
the Lot Number 12, South 03 08' 28" West for a distance of 731.54 feet to a Iron Pin Found
at the Northeast comer of said 6.653 Acre lands conveyed to The City of Dublin, Ohio and the
TRUE POINT OF BEGINNING of the herein described tract;
THENCE continuing with the West line of the 29.178 acre McKitrick Properties lands and the
East line of the said 6.653 acre City of Dublin, Ohio lands, South 03 08' 28" West for a
distance of 505.65 feet to a Iron Pin Set;
THENCE on a new division line and through the 6.653 acre city of Dublin, Ohio lands, North
88 48' 46" West for a distance of 418.92 feet to a Iron Pin Set on the East line of a 2.729 acre
tract of lands conveyed to the City of Dublin, Ohio as described in Instmment No.
201012290177929;
THENCE with the East line of the said 2.729 acre City of Dublin, Ohio lands, on a non - tangent
curve to the left with a DELTA ANGLE of 28 39' 40 ", a RADIUS of 1348.50 feet, a ARC
LENGTH of 674.56 feet, a CHORD BEARING of North 41 59' 02" East for a CHORD
DISTANCE of 667.55 feet BACK TO THE TRUE POINT OF BEGINNING.
The above described parcel contains 2.000 acres, including 0.524 acres in the 50 foot Columbus
and Southern Ohio Electric Company Utility Easement as recorded in Deed Book 1948, Page
264, lying within Franklin County Auditors parcel number 273 - 012353.
Reserving one permanent easement being more particularly described as follows:
COMMENCING at a Railroad Spike found at the centerline intersection of Bright Road at
station 39+41.49 and the East line of the Lot Number 12 as located in Quarter Township 2 and
the Northeast corner of the 28.105 acre Borror /Diocese of Columbus lands and the Northwest
comer of a 1.000 acre tract of lands conveyed to McKitrick Properties, Inc as described in
Official Record 11349 FOI;
EXHIBIT A
2.000 ACRE TRACT
FROM
CITY OF DUBLIN, OHIO
TO
McKITRICK PROPERTIES, INC
January 11, 2013
Page 2 of 4
THENCE with the West line of the 1.000 acre McKitrick Properties lands, the West line of a
29.178 acre tract conveyed to McKitrick Properties, Inc as described in Official Record 12527
J16, and the East line of the 28.105 acre Borror/Diocese of Columbus lands and the East line of
the Lot Number 12, South 03 08' 28" West for a distance of 731.54 feet to a Iron Pin Found
at the Northeast comer of said 6.653 Acre lands conveyed to The City of Dublin, Ohio and the
TRUE POINT OF BEGINNING of the herein described permanent easement;
THENCE continuing with the West line of said 29.178 acre McKitrick Properties, Inc lands and
the East line of the 6.653 acre City of Dublin, Ohio lands and the East line of the Lot Number 12,
South 03 08' 28" West for a distance of 57.83 feet;
THENCE the following five courses:
I) On a non - tangent curve to the right with a DELTA ANGLE of 5 22' 42 ", a RADIUS of
1373.50 feet, a ARC LENGTH of 128.93 feet, a CHORD BEARING of South 32 32'
16" West for a CHORD DISTANCE of 128.88 feet
2) South 54 08' 50" East for a distance of 20.00 feet;
3) On a non - tangent curve to the right with a DELTA ANGLE of 1 14' 01 ", a RADIUS of
1393.50 feet, a ARC LENGTH of 30.00 feet, a CHORD BEARING of South 35 51'
10" West for a CHORD DISTANCE of 30.00 feet;
4) North 54 08' 50" West for a distance of 20.00 feet;
5) On a non- tangent curve to the right with a DELTA ANGLE of 18 21' 59 ", a RADIUS
of 1373.50 feet, a ARC LENGTH of 440.28 feet, a CHORD BEARING of South 45
39' 42" West for a CHORD DISTANCE of 438.40 feet to the South line of a 2.000 acre
as described prior;
THENCE with the South line of said 2.000 acre tract, North 88° 48' 46" West for a distance of
42.93 feet to the East line of a 2.729 acre tract of lands conveyed to the City of Dublin, Ohio as
described in Instrument No. 201012290177929;
THENCE with the East line of the said 2.729 acre City of Dublin, Ohio lands, on a non - tangent
curve to the left with a DELTA ANGLE of 28 39' 40", a RADIUS of 1348.50 feet, a ARC
LENGTH of 674.56 feet, a CHORD BEARING of North 41 59' 02" East for a CHORD
DISTANCE of 667.55 feet BACK TO THE TRUE POINT OF BEGINNING.
The above described permanent easement contains 0.379 acres.
Reserving two temporary easements being more particularly described as follows:
Temporary Easement I
COMMENCING at a Railroad Spike found at the centerline intersection of Bright Road at
station 39+41.49 and the East line of the Lot Number 12 as located in Quarter Township 2 and
the Northeast comer of the 28.105 acre Bormr/Diocese of Columbus lands and the Northwest
comer of a 1.000 acre tract of lands conveyed to McKitrick Properties, Inc as described in
Official Record 11349 F01;
M A
EXHIBIT A
2.000 ACRE TRACT
FROM
CITY OF DUBLIN, OHIO
TO
McKITRICK PROPERTIES, INC
January 11, 2013
Page 3 of 4
THENCE with the West line of the 1.000 acre McKitrick Properties lands, the West line of a
29.178 acre tract conveyed to McKitrick Properties, Inc as described in Official Record 12527
J 16, and the East line of the 6.653 acre tract conveyed to the City of Dublin, Ohio as described in
Instrument No. 201012290177930 and the East line of the Lot Number 12, South 03 08' 28"
West for a distance of 789.37 feet to the Northeast comer of a 0.379 acre permanent easement
reserved heretofore by The City of Dublin, Ohio and the TRUE POINT OF BEGINNING of
the herein described temporary easement 1;
THENCE continuing with the West line of said 29.178 acre McKitrick Properties, Inc lands and
the East line of the 6.653 acre City of Dublin, Ohio lands and the East line of the Lot Number 12,
South 03 08' 28" West for a distance of 4331 feet;
THENCE on a non - tangent curve to the right with a DELTA ANGLE of 3 47' 47", a
RADIUS of 1393.50 feet, a ARC LENGTH of 9233 feet, a CHORD BEARING of South 33
20' 16" West for a CHORD DISTANCE of 9231 feet to a comer of the 0.379 acre permanent
easement reserved heretofore by The City of Dublin, Ohio;
THENCE with the 0.379 acre permanent easement reserved heretofore by The City of Dublin,
Ohio the following two courses:
1) North 54 08' 50" West for a distance of 20.00 feet;
2) On a non - tangent curve to the left with a DELTA ANGLE of 5 22'42", a RADIUS of
1373.50 feet, a ARC LENGTH of 128.93 feet, a CHORD BEARING of North 32 32'
16" East for a CHORD DISTANCE of 128.88 feet BACK TO THE TRUE POINT
OF BEGINNING.
The above described temporary easement 1 contains 0.051 acres.
Temporary Easement 2
COMMENCING at a Railroad Spike found at the centerline intersection of Bright Road at
station 39 +41.49 and the East line of the Lot Number 12 as located in Quarter Township 2 and
the Northeast corner of the 28.105 acre Borror /Diocese of Columbus lands and the Northwest
comer of a 1.000 acre tract of lands conveyed to McKitrick Properties, Inc as described in
Official Record 11349 FOI;
THENCE with the West line of the 1.000 acre McKitrick Properties lands, the West line of a
29.178 acre tract conveyed to McKitrick Properties, Inc as described in Official Record 12527
J16, and the East line of the 6.653 acre tract conveyed to the City of Dublin, Ohio as described in
Instrument No. 201012290177930 and the East line of the Lot Number 12, South 03 08' 28"
West for a distance of 832.68 feet to the Northeast comer of a 0.051 acre temporary easement
reserved heretofore by The City of Dublin, Ohio;
THENCE on a non - tangent curve to the right with a DELTA ANGLE of 5 01' 48 ", a
RADIUS of 1393.50 feet, a ARC LENGTH of 12233 feet, a CHORD BEARING of South
33 57' 16" West for a CHORD DISTANCE of 122.29 feet to a comer of the 0.379 acre
IA-3
EXHIBIT A
2.000 ACRE TRACT
FROM
CITY OF DUBLIN, OHIO
TO
McKITRICK PROPERTIES, INC
January 11, 2013
Page 4 of 4
permanent easement reserved heretofore by The City of Dublin, Ohio and the TRUE POINT
OF BEGINNING of the herein described temporary easement 2;
THENCE the following three courses:
1) on a non - tangent curve to the right with a DELTA ANGLE of 5 59' 39 ", a RADIUS of
1393.50 feet, a ARC LENGTH of 145.79 feet, a CHORD BEARING of South 39 28'
00" West for a CHORD DISTANCE of 145.72 feet;
2) North 47 32' 11 "West for a distance of 5.00 feet;
3) on a non - tangent curve to the right with a DELTA ANGLE of 11 32' 53 ", a RADIUS
of 1388.50 feet, a ARC LENGTH of 279.85 feet, a CHORD BEARING of South 48
14' 16" West for a CHORD DISTANCE of 279.38 feet to the South line of a 2.000 acre
as described prior,
THENCE with the South line of said 2.000 acre tract, North 88° 48' 46" West for a distance of
25.06 feet to a comer of the 0.379 acre permanent easement reserved heretofore by The City of
Dublin, Ohio;
THENCE with the 0.379 acre permanent easement reserved heretofore by The City of Dublin,
Ohio the following two courses:
1) On a non - tangent curve to the left with a DELTA ANGLE of 18 21' 59 ", a RADIUS
of 1373.50 feet, a ARC LENGTH of 440.28 feet, a CHORD BEARING of North 45
39'42" East for a CHORD DISTANCE of 438.40 feet;
2) South 54 08' 50" East for a distance of 20.00 feet BACK TO THE TRUE POINT OF
BEGINNING.
The above described temporary easement 2 contains 0.166 acres.
All iron pins described as set are 5/8" x 30" rebar with a 2 1/2" aluminum cap stamped "LeRoy.
7664, Burgess & Niple" and shall be placed upon notification by the City of Dublin.
This description was prepared in January 2013 by William C. LeRoy, P.S. Ohio License Number
7664 and is based upon surveys performed by Burgess & Niple, Inc. beginning in October 2007.
The basis of bearings in the above described parcel are based on Grid North as obtained by
RTK/GPS observations taken from Franklin County Engineer Monuments: Station FCGS 7772
and FCGS 7773, with a bearing of North 02° 34' 49" East, based on datum: Ohio State Plane
South, NAD83(86 adjustment) and are for the determination of angles only.
Burgess and Niple, Inc
William C. LeRoy PS
Ohio License No. 7664
Date
1 A-4
EXHIBIT 1B
SURVEY OF CITY EXCHANGE PARCEL
11
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EXHIBIT 2A
LEGAL DESCRIPTIONS OF
COMPANY EXCHANGE PROPERTIES
12
CxkIb(fa�}
PARCEL 10 -WD2
RIGHT OF WAY ACQUISITION
FROM
McKITRICK PROPERTIES, INC
December 21, 2009
Page 2 of 3
Properties, LTD and the West line of the 3.978 acre McKitrick Properties Linda, being 3164 feet
right of the centerl of existing Bright Road at station 46+03.34, witness a'' / Iron Pipe Found
bearing South 03 08' 28" West at a distance of 643.10 feet;
THENCE with the East line of the 3.000 acre faeovena Properties and the West line of the 3.978
acre McKitrick Properties lands, North 03 08 East for a distance of 33.48 feet BACK TO
THE TRUE POINT OF BEGINNING, passing the existing right-of- -way of Bright Road at a
distance of 15.53 feet.
The above described parcel contains 0.038 acres, including 0.020 acres in the Present Road
Occupied within Franklin County Auditors parcel number 273 - 008610.
All iron pins described as set are 5/8" z 30" rebar with a 2 1/2" aluminum cap stamped "LeRoy.
7664, Burgess & Niple" and shall be placed upon notification by the City of Dublin.
This description was prepared by William C. LeRoy, P.S., Ohio license No. 7664 and is based
on field surveys performed under the direction of Walter A. Dodson, P.S., Ohio License No.
6446 during October 2007 through December 2009 and upon available public records. The basis
of bearings in the above described parcel are based on Grid North as obtained by RTK/GPS
observations taken from Franklin County Engineer Monuments: Station FCGS 7772 and FCGS
7773, with a bearing of North 02 34' 49" East, based on datum: Ohio State Plane South,
NAD83(86 adjustment) and are for the determination of angles only.
sa PEE OF .Q
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c s
LEROY ?s.= 3 -ZD / C)
William C. LeRoy PS
a '00 Date
\
Ohio Liceuse No. 7664
Burgess and Niple
_.
EXHIBIT 2B
SURVEYS OF COMPANY EXCHANGE PROPERTIES
191
eX k i� i+ A3
WRROR READY COYPAMr u
GTHq•IC DIOCESE 008OF COLUMBOS
PIO: 273- 3
80
O.R. 8778 F0 a
O.R. 28186 A15 ,^
\\ 28.105 ACRES $$
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EXHIBIT A
STATE OF OHIO, FRANKLIN COUNTY, CITY OF DUBLIN
TWP 2 N, RG 19 W,
U.S.M.L, QTR TWP 2, LOT #11
:
J , 46 +60.70
I :
46+10.76
x-T
m 0.
56 E W ",Fy _ � e
ROAD
Ngp't9
49 -94 a"
gRIGN
, w
(0.070
OTOt 37 46 +55.34
� .
1470.00 3111'
46 +03.34
32.64' i
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L 52.0
52.W
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b
co
E��SW
McKITRICK PROPERTIES. INC.
RB
3865 BRIGHT ROAD
mss-^
PID: 273- 008610
s
O.R. 12527 J16
34.314 ACRES
q°
^ x,
0
wc4vaw or mpt.
aUlO 9oN Rra, CWvmmb . Ohio 4 20
(gt4) 4011-SOLO
$carry fer
CITY OF DUBLIN
McKITRICK PROPERTIES INC.
3865 BRIGHT RD
SURVEY FOR
0.038 ACRES
i f EJG 7 WCL t2 -26 -09
swKr: A:. 3A 13 1 PR44959
0�3 -C)-
EXHIBIT 3A
LEGAL DESCRIPTIONS OF COMPANY EXCHANGE PROPERTIES
(Permanent Easement)
14
PARCEL 10-U
UTILITY EASEMENT ACQUISITION
FROM
McKITRICK PROPERTIES, INC
December 21, 2009
Page I of 4
Situate in the State of Ohio, County of Franklin, City of Dublin and„ being located in Township
2 North, Range 19 West of the United States Military Lands , Quarter Township 2 and part Lots
Numbered 11, being futtber described as part of a 29.178 and 1.000 acre tract of lands conveyed
to McKihick Properties Inc as described in Official Record 12527 J16 and Official Record
11349 F01 respectively of the Franklin County Recorder's Officc and" being a parcel of land
lying on the Left and Right side of Emerald Parkway as shown on the Centerline Plat of Emerald
Partway - Phase 8 in Plat Book _, Page _ and„ being more particularly described as
follows:
COMMENCING at a Railroad Spike Set at the centerline intersection of Riverside Drive
(SR257) at station 29+07.86 and Tuller Road station 10+00.00;
THENCE with the centerline of Riverside Drive, North 09 32' 19" East for a distance of
55337 feet to a Railroad Spike Set at the point of curvature for Riverside Drive at station
34+61.43;
THENCE continuing with the centedne of said Riverside Drive, on a curve to the Right having
an ARC LENGTH of 96.64 feet, a DELTA ANGLE of 01°55'21 ", with a RADIUS of
2880.00 feet, and a CHORD BEARING of North 10 Ent for a CHORD DISTANCE
of %A3 feet to a Railroad Spike Set at the cenerine intersection of Riverside Drive at station
35+58.07 and the centerline of proposed Emerald Parkway at station 170+71.53;
THENCE with the centerline of proposed Emerald Parkway, North 81° 11' 22" East for a
distance of 325.80 feet to the point of curvature on the centerline of proposed Emerald Parkway
at station 173+9733;
THENCE contioumg with die centerline of proposed said Emerald Parkway, on a tangent crave
to the Right with an ARC LENGTH of 211136 feet, a RADIUS of 9400.00 feet, a TANGENT
LENGTH of 1060.14 feet, a DELTA ANGLE of 12 52' 10 ", with a CHORD BEARING of
North 87 37' 26" Ent and a CHORD DISTANCE of 2106.93 feet to the centerline of
proposed Emerald Parkway at station 195+08.68;
THENCE continuing with the centerline of proposed Emerald Parkway, South 85 56'29" East
for a distance of 320.66 feet at a point of curvature for the centerline of proposed Emerald
Parkway on the centerline of proposed Emerald Parkway at station 198 +29.34;
THENCE continuing with the centerline of proposed Emerald Parkway, on a tangent curve to
the Left with an ARC LENGTH of 1625.02 fad, a RADIUS of 1300.00 feet, a TANGENT
LENGTH of 937.94 feet, a DELTA ANGLE of 71a 37' 14 ", with a CHORD BEARING of
North 58a 14' 54" Ent and a CHORD DISTANCE of 1521.27 fed to the centerline of
proposed Emerald Parkway at station 214+54.36;
THENCE with the East line of the 28.105 am tract and the West line of the 29.178 McKitrick
Properties lands, South 03 08' 28" West for a distance of 129.87 feet to a Iron he Set on the
proposed right-of-way of Emerald Parkway, bang 48.50 fed Right of the centerline of proposed
Emerald Parkway at station 213 +36.03 and the TRUE POINT OF BEGINNING of the herein
described parcel;
EXFIIBIT A
PARCEL 10 -U
UTILITY EASEMENT ACQUISITION
FROM
MCKITRICK PROPERTIES, INC
December 21, 2009
Page 2 of 4
THENCE with the proposed right -o6 -way of Emerald Parkway and through the 29.178 acre and
1.000 acre McKitrick Properties lands, on a non- tangent crave to the Left with an ARC
LENGTH of 229.14 feet, a RADIUS of 134850 feet, a TANGENT LENGTH of 114.84 feet,
• DELTA ANGLE of 09° 44 with a CHORD BEARING of North 22 47' 08" East and
• CHORD DISTANCE of 228.86 feet to a Irw Pro Set on the West line of a 2.000 acre tract of
lands conveyed to Mary M Seay (1/2 Interest) and Charles J. Pethtel (1/2 Interest) as described
in Instrument Number 200307230227381 and the East line of the 1.000 acre MOMMck
Properties lands, being 48.50 fee[ Right of the centerline of proposed Emerald Parkway at
station 215 +56.92;
THENCE wilt the West line of the 2.000 acre Seay/Pethtel lands and the East line of the 1.000
acre McKitrick Properties lands, South 03 09'01" West for a distance of 4851 feet to a Irou
Pin Set on the Southwest comer of the 2.000 acre Seay/Pethtel lands and the Southeast comer of
the 1.000 acre McKitrick Properties lands and on the North line of the 29.178 acre McKitrick
Properties lands, being 61.67 feet Right of the centertme of proposed Emerald Parkway at
station 215+12.13;
THENCE with the South line of the 2.000 acre Seay/Pethtel lands and the North line of the
29.178 acre McKitrick Properties ]soda, South 86° 48' 43" East for a distance of 12.34 feet to a
Iron Pin Set on the proposed utility easement line of Emerald Parkway, being 73.50 feet Right
of the centerline of proposed Emerald Parkway at station 215 +15.49;
THENCE with the proposed utility easement line and through the 29.178 acre McKitrick
Properties Inds, on a non - tangent curve to the Right with an ARC LENGTH of 242.24 feet, a
RADIUS of 137350 feet, a TANGENT LENGTH of 121A3 feet, a DELTA ANGLE of 10
06' 18 ", with a CHORD BEARING of South 24 4746" West and a CHORD DISTANCE
of 241.92 fed to a Iron Pia Set on East line of the 28.105 acre Borror/Catholic Diocese lands
and the West line of the 29.178 acre McKimck Properties lands, being 73.50 fat Right of the
centerline of proposed Emerald Parkway at station 212+86.24 witness a 'i" Rebar Found
bearing South 03° 08' 28" Wert at a distance of 760.76 feet (being located 0.93 South of the
Limited Access Right of Way of Interstate 270);
THENCE with the East line of the 28.105 acre McKitrick lands and the West line of the 29.178
acre McKitrick Properties tends, North 03° 08 East for a distance of 57.83 feet BACK TO
THE TRUE POINT OF BEGINNING.
The above described parcel contains 0.129 acres lying within Franklin County Auditors parcel
number 273-008610.
All imn pins described as set are 518" z 30" rebar with a 2 1/2" aluminum cap stamped "LeRoy.
7664, Burgess & Nhple" and shall be placed upon notification by the City of Dublin.
PARCEL 10-U
UTILITY EASEMENT ACQUISITION
FROM
MCKMUCK PROPERTIES, INC
December 21, 2009
Page 3 of 4
This description was prepared by William C. LeRoy, P.S., Ohio License No. 7664 and is based
on field surveys performed under the direction of Walter A Dodson, P.S., Ohio License No.
6446 during October 2007 through December 2009 and upon available public records.lhe basis
of bearings in the above described parcel are based on Grid North as observed by GPS
observation taken fiom the Ohio State Plane Coordinate System, Ohio South Zone(3402),
NAD83(1986) and are for the determination of angles only.
�p4W1W nuprylkpy
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'•.
i Wa.UAM
s
William C. LeRoy PS
f C Date
"�
Ohio license No. 7664'
: LEROY , _
7664
Burgess and Niple
_
�� ' � �o,
. STEP
EXHIBIT 3B
SURVEY OF COMPANY EXCHANGE PROPERTIES
(Permanent Easement)
15
80RROR RM COMPANY
PI@ 273 -008!06
O.R. 26{66 AIS
28.105 ACRES
___________ ____
z OWN
1 M ~T
•OQM R. 111�p� AMp I11IM
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EXHIBIT A
STATE OF OHIO, FRANKLIN COUNTY, CITY OF DUBLIN
TWP 2 N, RG 19 W, U.S.M.L, QTR TWP 2, LOT #11
81 p �RIGHT ROAD
I
_ -
p-y/y
I
I I g I
_r
ryl� 8 I Y �
I 00
1 i
I
+$ ti3" I e se Im
BOWIOR 227 COMPANY
PI i
P. 27 A15
O - 1 !
.R. 8466 rS 6
28.105 ACRES j i 9
r r
I 1 1
I
I g ��
I ' ' 33 y
a
215+12.13
I
' 1 51 i 81.67' 1
D a 0744 v5
R s 1346.50'1 i SW46't3 E
L- 229.14'
C 226A6'
1 215+15.49
MCKITRICK PROPERTIES. INC.
(0.129 Ac.) 3865 BRIGHT ROAD
P 0 PID: 273 - 008610
48 +3 . I
so' � j / o . 10'a6'te" O.R. 12527 J16
R - 137150' 34.314 ACRES
8 Ir vs / L - 242.24'
C a 241.92'
C3 . S24'47'46'WW
/ I a„ /
S ✓ ' 1 A { 4 NM.
212 +86.22 4491 w ( 4
73.50'
�( ! CITY OF DUBLIN
a McKITRICK PROPERTIES INC.
yy Y•s
3865 BRIGHT RD
SURVEY FOR
0.129 ACRES
61G 9cl 1 12 - 26 - 09
9 . AIONr I s 4A14 PR44959
J f3-6z
EXHIBIT 4A
LEGAL DESCRIPTIONS OF COMPANY EXCHANGE PROPERTIES
(Temporary Easement)
ON
�,� k I b (+ t4,4
EXHIBIT A
PARCEL 10 -T
TEMPORARY EASEMENT ACQUISITION
FROM
McKITRICK PROPERTIES, INC
December 21, 2009
Page 1 of
Situate in the State of Ohio, County of Franklin, City of Dublin and" being located in Township
2 North, Range 19 West of the United States Military Lands, Quarter Township 2 and part Lots
Numbered 11, being further described as pat of a 29.178 and 1 A00 acre and of lands conveyed
to Meffitrick Properties Inc as described in Official Record 12527 J16 and Official Record
11349 F01 respectively of the Franklin County Recorders Office ad„ being a parcel of land
lying on the Left and Right side of Emerald Parkway as shown on the Centerline Plat of Emerald
Parkway - Phase 8 in Plat Book Page _ and„ being more particularly described as
follows:
COMMENCING at a Railroad Spike Set at the centerline intersection of Riverside hive
(SR257) at station 29+07.86 and Toiler Road station 10+00.00;
THENCE with the centerline of Riverside Drive, North 09 32' 19" East for a distance of
553.57 feet to a Railroad Spike Set at the point of curvature for Riverside Drive at station
34+61.43;
THENCE continuing with the centerlme of said Riverside Drive, on a curve to the Right having
an ARC LENGTH of 96.64 feet, a DELTA ANGLE of 01 ", with a RADIUS of
2880.00 feet, and a CHORD BEARING of North 10 East for a CHORD DISTANCE
of 96.63 feet to a Railroad Spike Set at the centerlino intersection of Riverside Drive at station
35 +58.07 and the centerline of proposed Emerald Parkway at station 170+7L53;
THENCE with the cecterline of proposed Emerald Parkway, North 31 22" East for a
distance of 325.80 feet to the point of curvature on the centerline ofpwposed Emerald Parkway
at station 173+97.33;
THENCE continuing with the centerine of proposed said Emerald Parkway, on a tangent curve
to the Right with an ARC LENGTH of 211136 feet, a RADIUS of 9400.00 feet, a TANGENT
LENGTH of 1060.14 feet, a DELTA ANGLE of 12 52' 10 ", with a CHORD BEARING of
North Sr 37 East and a CHORD DISTANCE of 210693 feet to the centerline of
proposed Emerald Parkway at station 195+08.68;
THENCE continuing with the centerline of proposed Emerald Parkway, South 85 56' 29" East
for a distance of 320.66 feet at a point of curvature for the centerline of proposed Emerald
Parkway on the centerline of proposed Emerald Parkway at station 198 +2934;
THENCE continuing with the centerline of proposed Emerald Parkway, on a tangent curve to
the Left with an ARC LENGTH of 1625.02 feet, a RADIUS of 1300.00 feet, a TANGENT
LENGTH of 937.94 feet, a DELTA ANGLE of 71 37 with a CHORD BEARING of
North 58 54" East sad a CHORD DISTANCE of 1521.27 feet to the centerline of
proposed Emerald Parkway at station 214+54.36;
THENCE with the East fine of the 28.105 acre BarodCallolie Diocese lands and the West line
of the 29.178 acre McKitrick Properties lards, South 03 03' 29" West for a distance of 187.70
feet to a Iron Pin Set, being 7350 feet Right of the centerline of proposed Emerald Parkway at
station 212 +56.22 and the TRUE (POINT OF BEGINNING of the heroin described parcel;
EXHIBIT A
PARCEL 10-T
TEMPORARY EASEMENT ACQUISITION
FROM
MCKITRICK PROPERTIES, INC
Docember 21, 2009
Page 2 of 4
THENCE with the proposed utility easement line and through the 29.178 acre McKitrick
Properties lands, on a non - tangent curve to the Left with an ARC LENGTH of 242.24 feet, a
RADIUS of 137350 feet, a TANGENT LENGTH of 121.43 feet, a DELTA ANGLE of 10
06'18 ", with a CHORD BEARING of North 24 4T 46" East and a CHORD DISTANCE
of 24192 feet to a Iron Pin Set on the South line of a 2.000 acre tract of lands conveyed to
Mary M. Seay (112 Interest) and Charles J. Pethtel (112 Interest) as described in instrument
Nwnber 200307230227381, being 73.50 feet Right of the centerline of proposed Emerald
Parkway at station 215 +15.49;
THENCE with the South flrre of the 2.000 acre Seay/Pethtel lands and the North line of the
29.178 acre McKitrick Properties lands, South 86 48 East for a distance of 20.85 feet to
the proposed temporary easement line, being 93.50 feet Right of the centaline ofproposed
Emerald Parkway at station 215+21.03;
THENCE with the proposed temporary easement line and through the 29.178 acre McKitrick
Properties lairds, on a non - tangent curve to the Right with an ARC LENGTH of 2256 feet, a
RADIUS of 139350 feet, a TANGENT LENGTH of 11.28 feet, a DELTA ANGLE of 00
55' 39", with a CHORD BEARING of South 19 57'47" West and a CHORD DISTANCE
of 22566 feet, being 93.50 feet Right of the centerline of proposed Emerald Parkway at station
214+99.99;
THENCE continuing with the proposed temporary easement line and through the 29.178 acre
McKitrick Properties lands, North 69 34' 23" West for a distance of 5.00 feet, being 88.50 feet
Right of the centerline of proposed Emerald Parkway at station 214+99.99;
THENCE continuing with the proposed temporary easement line and through the 29.178 acre
McKinick Properties lands, on a non - tangent curve to the Right with an ARC LENGTH of
213.61 feet, a RADIUS of 138850 feet, a TANGENT LENGTH of 107.02 feet, a DELTA
ANGLE of 08 48 ", with a CHORD BEARING of South 24 50' 03" West and a
CHORD DISTANCE o(213.40 feet, being 88.50 feet Right of the centerline of proposed
Emerald Parkway at station 212+99.99;
THENCE continuing with the proposed temporary easement line and through the 29.178 acre
McKitrick Properties lands, South 60 45 East for a distance of 5.00 feet, being 93.50 feet
Right of the centertme of proposed Emerald Parkway at station 212+99.99;
THENCE continuing with the proposed temporary easement line and through the 29.178 acre
McKitrick Properties lands, on a non- tangent curve to the Right with an ARC LENGTH of
53.45 feet, a RADIUS of 139350 feet, a TANGENT LENGTH of 26.73 feet, a DELTA
ANGLE of 02 11 1 52", with a CHORD BEARING of South 30 20' 26" West and a
CHORD DISTANCE of 53.45 feet to the East lino of the 28.105 acre Borror /CaUalic Diocese
lands and the West line of the 29.178 acre McKitrick lands, being 93.50 feet Right of the
centerline of proposed Emerald Parkway at station 212 +50.12;
THENCE with the East line of the 28.105 acre Borror/Catholic Diocese lands and the West line
of the 29.178 acre McKitrick lands, North 03 08` 28" East for a distance of 43.31 feet BACK
TO THE TRUE POINT OF BEGINNING.
�4A -C.
PARCEL 10 -T
TEMPORARY EASEMENT ACQUISITION
FROM
MCKITRICK PROPERTIES, INC
December 21, 2009
Page 3 of 4
The above described parcel contains 0.098 acres lying within Franklin County Auditors parcel
number 273 - 008610.
All iron pins described as set are 5/8" z 30" rebar with a 2 1/2" aluminum cap stamped "LeRoy.
7664, Burgess & Niple" and shall be placed upon notification by the City of Dublin.
This description was prepared by William C. LeRoy, P.S., Ohio License No. 7664 and is baud
on field surveys performed under the direction of Walter A. Dodson, P.S., Ohio License No.
6446 during October 2007 through December 2009 and upon available public records. The basis
of bearings in the above described parcel are based on Grid North as observed by GPS
observation taken from the Ohio State Plane Coordinate System, Ohio South Zone(3402),
NAD83(1986) and are for the determination of angles only.
✓l r,3
i wn.tuH
William C. LeRoy PS
ttzROV ..9 Date
Ohio License No. 7664
Burgess andNple
✓l r,3
EXHIBIT 4B
SURVEY OF COMPANY EXCHANGE PROPERTIES
(Temporary Easement)
17
GTI 010CESE or + %E , 273 -066106
COMPANY (112 INTEREST)
PI COLt1M6U5 (1/2 MTEREM
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EXHIBIT A
STETE OF OHIO, FRANKLIN COUNTY CITY OF DUBLIN
TWP 2 N, RG 19 W, U.SM.L, OTR TWP 2, LOT #12
1 1 a I
T, I a BRIGHT ROAD
I
1 1 8 I
I « I 1
I ^^
[10RROR REALTY COMPIr1Y I^
k CATHOLIC DIOCESE pF
COLUMBUS r Is
PID: 273 - 008606 I
O.R. 26466 A15 I y
DO .105 ACRES
28g I
.105 7bS
>p W
I 8 1 r QQ _
I
215 +21.03 I
1213 +1$.44` 1
73.50 S82 .85 3 -E 93.50' p = X55'39'
I } R :122.56
139 3.30'
I / L '
1 1 C - 22.66'
p - 10'06'18' I C8 51757'4rW
R - 1373.50'
L - 242.24' 21/ +99.99
C- 241.92' I 0 /
CB N2f47'46'IE 8 / do '/ i 93 .50'
ry TAI /\ ;
`4' / 86 Nc KITRICK PROPERTIES, INC.
3865 BRIGHT ROAD
I �' ° = 06'46'53' PID: 273 - 008610
P.0.8 g R - 1308.50'
I �i / / L = 213.61' O.R. 12527 J16
/ i 272 +99.99 C = 213.40'
212a 34.314 ACRES
86.50' CB - S24'5O'O3'*
W Q.�
8 ^1 I 9. kluks k R
272 +99.99
/ I Y 93.50'
�' 1 : 1 CITY OF DUBLIN
R
212 +50.12 L - 5345' McKITRICK PROPERTIES INC.
C '� 3865 BRIGHT RD
93.50' CB - S3720 26'W SURVEY FOR
0.098
1 EJG IYCL t2 -z6-a9
s . slolln Ielk 4A 4 PRS4959
q e cz
EXHIBIT 5
2007 COMMUNITY PLAN ACCESS DEPICTION FOR THE PROPERTIES
T'