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HomeMy WebLinkAboutOrdinance 69-11RECORD OF ORDINANCES Dayton Leval Blank. Inc. 69 -11 Ordinance No. Form 10.30043 Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO ACCEPT THE DEDICATION OF 0.311 ACRES, MORE OR LESS, OF RIGHT -OF -WAY FROM DUKE REALTY OHIO WHEREAS, the City of Dublin (City') maintains the roadway known as Tuttle Road east of its intersection with Frantz Road; and WHEREAS, Duke Realty Ohio is willing to dedicate the property interests in Franklin County parcel number 273- 005366 to the City as set forth in the legal description attached hereto, and the City is willing to accept said dedication. !Z N01JIl, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, of its elected members concurring, that: Section 1. The City Manager is hereby authorized to execute all documentation necessary to accept the dedication of 0.311 acres, more or less, of right -of -way from Duke Realty Ohio. Section 2 . This ordinance shall take effect on the earliest date permitted under applicable law. Passed this U4 day of 11 1f , 2011. Mayor es ding Officer ATTEST: 0'121� (V OAI Clerk of Council UPDATE TO FILE REGARDING ORDINANCE 69 -11 5 -13 -14 Note from City Manager in response: In reviewing Ordinance 69 -11, 1 am authorized to accept the dedication of the PRO. As a result, I agree with Legal staff that it is not necessary to pass additional legislation. Therefore, the documents to be executed at this time will reflect the Crawford Hoeing ownership in 2014. From: Barb A. Cox Sent: Tuesday, May 13, 2014 8:17 AM To: Marsha I. Grigsby Subject: Tuttle Road ROW Marsha — A while ago, I worked with Duke to start the process to get the PRO along the Tuttle Road frontage of 5500 Frantz Road. We took this to Council with the attached ORD 69- 11. Unfortunately, Duke sold the property to BRIE before they signed the quit claim deed. I tried to pursue getting this PRO from BRIE through their local rep but was unsuccessful. Recently, Crawford Hoying purchased the property from BRIE. I met with Brent Crawford and Nelson Yoder on this matter yesterday afternoon. I have EMH &T updating the ownership on the legal description and exhibit. I sent the deed and ORD 69 -11 to Legal staff (Phil Hartmann) yesterday to see if Legal thought this should go back to Council. Legal staff has deferred to you, indicating that it is legally not required. This is the black Scioto Corporate Center at the northeast corner of Tuttle and Frantz (opposite of the Borror Building). Office of the City Manager City of DUbhn Phone: 614-410-4400- Faax: - 4490 1090 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager ��S Date: November 23, 2011 Initiated By: Paul A. Hammersmith, P.E., Director of Engineering /City Engineer Barbara Cox, P.E., Engineering Manager Development Re: Ordinance 69 -11 - Authorizing the City Manager to Execute the Necessary Documents to Accept the Dedication of 0.311 Acres, More or Less, of Right -of —Way from Duke Realty Ohio (Tuttle Road) Summary Duke Realty Ohio (Duke) recently engaged surveys of many of their properties in anticipation of their sale. The survey of their property at 5500 Frantz Road (northeast corner of Frantz and Tuttle Roads) revealed that Duke still owned the right -of -way of Tuttle Road across the frontage of the property. Due to the potential sale of the property and to clarify the records, Duke has offered to donate this right -of -way to the City. Engineering and Legal staff have reviewed the situation and the documents and recommend that the City accept this dedication of right -of -way. Recommendation Staff recommends Council approve Ordinance 69 -11, authorizing the City Manager to execute the necessary documents to accept the dedication of 0.311 acres, more or less, of right -of —way from Duke Realty Ohio. DESCRIPTION OF 0.311 ACRE Situated in the State of Ohio, County of Franklin, City of Dublin, located in Survey Number 2419 of the Virginia Military District, being out of the remainder of the 7.58 acre tract conveyed to Duke Realty Ohio of record in Instrument Number 200302260056923, and described as follows: Beginning, for reference, at Franklin County Geodetic Survey monument number 5149 found marking the centerline intersection of Frantz Road (100 foot width) with Tuttle Road (60 foot width) as shown on the plat entitled "Dedication of Tuttle Road, Frantz Road and Easements" of record in Plat Book 61, Page 73; thence North 78 54' 22" East, with the centerline of Tuttle Road, a distance of 84.85 feet, to a magnetic nail set at a southwesterly corner of said 7.58 acre tract, in the northerly line of the 0.686 acre tract conveyed to the City of Dublin, Ohio of record in Instrument Number 199911030276906, and a southeasterly corner of said dedication plat, being the True Point of Beginning; thence North 11 ° 05' 38" West, with an easterly line of said dedication tract, a distance of 30.00 feet, to a drill hole set at a corner thereof and in the southerly line of the 0.249 acre tract conveyed to the City of Columbus of record in Instrument Number 199712080161005; thence North 78 54' 22" East, with said southerly line, a distance of 451.57 feet, to a drill hole set at a southeasterly corner thereof, a southwesterly corner of the 5.513 acre tract conveyed to Franklin Ohio Investors Ltd. of record in Instrument Number 199706250031758, and the northwesterly corner of the 0.218 acre tract conveyed to the City of Dublin, Ohio of record in Instrument Number 199705160001421; thence South 11' 13' 47" East, with the westerly line of said 0.218 acre tract, a distance of 30.00 feet, to a magnetic nail set at a southwesterly corner thereof, in the northerly line of said 0.686 acre tract, and in the centerline of Tuttle Road (being South 78° 54' 22" West, with said centerline, a distance of 103.99 feet, from County Geodetic Survey monument number 6642 found); thence South 78 54' 22" West, with said northerly line and said centerline, a distance of 451.64 feet, to the True Point of Beginning, containing 0.311 acre, more or less, from Auditor's Parcel Number 273 - 005366. All references are to the records of the Recorder's Office, Franklin County, Ohio. The bearings shown hereon are based on the same meridian as the 13.075 acre survey by Richard J. Bull, P.S. 4723, dated May 12, 1986 and on file with the Engineer's Office, Franklin County, Ohio and the legal description of record in Official Record 7497I07, Recorder's Office, Franklin County, Ohio. The portion of the centerline of Tuttle Road, having a bearing of North 78° 54'22" East is designated the "basis of bearing" for this survey. Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC. EVANS, MECHWART, HAMBLETON & TILTON, INC. � rtr WMILIAEL A 0 r . 76 Michael O. Wanchick Professional Surveyor No. 7854 Ze e 3 �E�1Id1;1 ?�lil;E {� MOW:sg November 17, 2011 0 311 ac Tuttle Road 20111286BNDYOLdoc M0 Evans, Mechwart, Hambleton & Tilton, Inc. Engineers • Surveyors • Planners • Scientists 5500 New Albany Road, Columbus, OH 43054 Phone: 614.775.4500 Toll Free: 888.775 3648 emht.com R s N78'54'22 "E 578'54'22 "W 84.85' 7PGE� BASIS OF BEARINGS: The bearings shown hereon are based on the same meridian as the 13.075 acre survey by Richard J. Bull, P.S. 4723, dated Mayl2, 1986 and on file with the Engineer's Office, Franklin County, Ohio and the legal description of record in Official Record 7497107, Recorder's Office, Franklin County, Ohio. The portion of the centerline of Tuttle Road, having a bearing of North 78 °54'22" East is designated the "basis of bearing" for this survey 77- - P, /W 0.311 AC. r CITY OF COLUMBUS PARCEL NO. 26 —WD 0.249 ACRES — I.N. 199712080161005 451.57' Date: November 17, 2011 Scale: 1 " = 60' Job No. 2011 -1286 FRANKLIN OHIO INVESTORS LTD 5.513 AC. I.N. 199706250031758 CITY OF DUBLIN, OHIO 0.218 AC. I.N. 199705160001421 R/W — S11'13'47 "E FCGS 6642 _ —Ill Tf(JTTL]E R OAD (60 ]PUBLIC) 451,64' CITY OF DUBLIN, OHIO S78'54'22 "w 103.99' 0.686 AC. P /v� — I.N. 1999110302 ■ = MON. FND. o = DRILL HOLE SET O = MAG. NAIL SET SURVEY NOTE: O = I.P. SET This survey was prepared using documents I.P. Set are 13/16 I.D. iron of record, prior plats of survey, as shown on pipe with cap inscribed EMHT INC survey, and observed evidence located by a actual field survey. 60 0 60 120 Occupation, in general, fits survey. GRAPHIC SCALE (in feet) Michael O. Wanchick Professional Surveyor No. 7854 mwanchick @emht.com n /i - ? //r Date 04 d SURVEY OF ACREAGE PARCEL SURVEY NUMBER 2419 VIRGINIA MILITARY DISTRICT CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO I DUKE REALTY OHIO 7.58 AC.(RECORD) 7.330 AC.(SURVEY) (319,295 SQ.FT.) \ I.N. 200302260056923 PID 273 - 005366 N78'54'22 "E FCGS "1 i `` .: "„ 514 30.00' ', �pt+Nr�rr C � ) :` MICHAEL X 0. = WANCHiCK E ="o � 7854 a [� a yf• ���5 �iYf�N� O ` �1ti� ~i ALTA/ACSM LAND TITLE SURVEY VIRGINIA MILITARY SURVEY NO. 2419 CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO DESCRIPTION OF RECORD The Land referred to in this Commitment is described as follows Situated in the State of Ohio, County of Franklin, Village of Dublin, in Virginia Military Survey No. 2419, and being 7.58 acres out of an original 13.075 acre tract of land (13.093 acres by recent survey) conveyed to Crow - Ransom, by deed of record in Official Record 7497, Page 107, Recorder's Office, Franklin County, Ohio and bounded and described as follows: Beginning at a railroad spike set in the centerline of Tuttle Road (60 feet wide) and in the south line of said original 13.093 acre tract, said railroad spike being North 78 deg. 54'22" East a distance of 84.85 feet from a railroad spike set at the intersection of the centerline of Tuttle Road with the centerline of Frantz Road (100 feet wide), as shown upon the plat of "Dedication of Tuttle Road, Frantz Road and Easements ", of record in Plat Book 61, Page 73, Recorder's Office, Franklin County, Ohio. Thence North 11 deg. 05' 38" West perpendicular to the centerline of Tuttle Road and along a west line of said 13.093 acre tract a distance of 30.00 feet to a 3/4 inch I.D. iron pipe set at the east end of a curve connecting the North right-of-way line of Tattle Road with the east line of Frantz Road and at a corner of said 13.093 acre tract; Thence northeasterly along said connecting curve, along a curved line of said 13.093 acre tract and with a curve to the right, data of which is: Radius = 35.00 feet and delta = 89 deg. 51' 51 ", a chord distance of 49.44 feet bearing North 56 deg. 09'43" West to a 3/4 inch I.D. iron pipe set in the east line of Frantz Road at the north end of said connecting curve; Thence North 11 deg. 13'47" West along the east line of Frantz Road and along a west line of said 13.093 acre tract a distance of 60.20 feet to a 3/4 inch I.D. iron pipe set at a point of curvature; Thence Northerly along a curved east line of Frantz Road along the curved west line of said 13.093 acre tract and with a curve to the right, data of which is: radius = 1,100.00 feet and delta = 20 deg. 30'00", a chord distance of 391.48 feet bearing North 0 deg. 58'47" West to a 3/4 inch I.D. iron pipe set at the point of tangency; Thence North 9 deg. 16 13" East along the east line of Frantz Road and along a west line of said 13.093 acre tract a distance of 263.74 feet to a 3/4 inch I.D. iron pipe set at the Southwest corner of Lot Number six (6) in Frantz Road Corporate Center, as shown of record in Plat Book 64, pages 54 and 55, Recorder's Office, Franklin County, Ohio, and in the center of a small creek and at the northwest comer of said 13.093 acre tract; Thence North 78 deg. 34' 16" East along a portion of the north line of said 13.093 acre tract, along a portion of the south line of said Lot No. 6 and down the center of said small creek a distance of 324.46 feet to a point; Thence South 11 deg. 13'47" East crossing said 13.093 acre tract a distance of 759.66 feet to a point in the centerline of Tuttle Road and in the south line of said 13.093 acre tract (passing a point in the north right -of -way line of Tuttle Road at 729.66 feet), said point being South 78 deg. 54' 22" West a distance of 103.99 feet from a Franklin County monument ( #6669) found; Thence South 78 deg. 54'22" West along the centerline of Tuttle Road and along a portion of the South line of said 13.093 tract a distance of 451.64 feet to the place of beginning; containing 7.58 acres of land, more or less. �� 54110 ® = Traffic Lighting Pull Box Save and Except the following 0.249 acre parcel conveyed in Document No. -C- = Guy Pole 199712080161005: • = Metal Traffic Signal Pale Situated in the City of Dublin, County of Franklin, State of Ohio, and being = I.P. SET = Utility Pole part of the Virginia Military Survey No. 2419, and being part of the 7.850 acre O = MAG. NAIL SET tract conveyed in Official Record No. 30074 A-01. Said PermanentRightof = R.R. SPK. FND. = Yard Light /Flood Light Way being more particularly bounded and described as follows: • = P.K. NAIL FND. I.P. Set are 13/16" I.D. iron = Light Pole Commencing at a railroad spike found at the intersection of Frantz Road and ETR� = Electric Transformer Tuttle Crossing Boulevard, said railroad spike being located at Frantz Road 16 \c Eoa ok 1473 0 0 metric centerline of survey station 6 +710.493; 1 _j = Electric Meter Thence N9 ° 55'54 "W, along the centerline of Frantz Road, a distance of 125.00 / W =Fire Hydrant feet (38.100m) to a P.C., said P.C. being located at Frantz Road metric ® = Water Valve centerline of survey station 6+748.593; [cA = Post Indicator Valve Thence N80 ° 04'06 "E, perpendicular to the centerline of Frantz Road, a distance ® = Fiber Optic Pull Box of 50.00 feet (15.240 m) to an iron pin found, said iron pin, being on the E v -- easterly existing right of- -way line of Frantz Road, said point being the True ;? = Telephone Manhole Point of Beginning, said point being located 15.240 right of Frantz Road r , centerline of survey station 6+748.593; �T� = Telephone Pedestal 0 = Cleanout Thence along a curve to the right, said curve being the existing right -of -way = Curb Inlet line of Frantz Road, having a Delta of 11 ° 40'20 ", a radius of 1100.00 feet ` (335.281m), a chord bearing of N4 ° 05'45 "W, and a chord distance of 223.70 ® = Catch Basin feet (68.184m) to a point, said point being located 15.240 M right of Frantz Road centerline of survey station 6+820.000; o =Storm Manhole = Sign Thence 96 ° 05'58 "E, along the proposed right -of -way line, a distance of 125.29 feet (38.188m) to a point, said point being located 18.288m right of the Frantz o = Ballard Road metric centerline of survey station 6 +780.000; ua; =Mail Box Thence 910 ° 11'05 "E, along the proposed right -of -way line, a distance of 142.13 x = Fence feet (43.322m) to a point, said point being located 19.812m right of the Frantz Road metric centerline of survey station 6 +735.000; Thence S50 ° 2947E, along the proposed right-of-way line, a distance of 46.60 feet (14.205m) to a point, said point being located 13.716m left of the Tuttle Road metric centerline of survey station 4 +671.695; Thence N80 ° 04'06 "E, along the proposed right -of -way line, a distance of 441.17 feet (134.470m) to a point, said point being located 13.716m left of the Tuttle Road metric centerline of survey station 4 +806.166; Thence S10 °08'23E, along the proposed right-of-way line, a distance of 15.00 feet (4.572m) to a point, said point being on the northerly existing right-of-way line of Tuttle Road, said point being located 9.144m left of the Tuttle Road metric centerline of survey station 4 +806.166; Thence S80 °04'06 "W, along the northerly existing right-of-way line of Tuttle Road, a distance of 451.48 feet (137.612m) to a point, said point being located 25.908m right of the Frantz Road metric centerline of survey station 6+719.637; Thence along a curve to the right, said curve being the right -of -way line of Frantz Road, having a Delta of 90 °00'00 ", a radius of 35.00 feet (10.668m), a chord bearing of N54 °55'54W, and a chord distance of 49.50 feet (15.087m) to a point, said point being located 15.240m right of Frantz Road centerline of survey station 6 +730.305; Thence N9 °55'54 "W, along the existing right -of -way line of Frantz Road, a distance of 60.00 feet (18.288m) to the True Point of Beginning, containing 0.249 acres (0.1006 hectares). PARKING NOTE: 244 Regular Spaces + 6 Handicapped Spaces 250 Total Spaces Q = STONE FND. ■ = MON. FND. • = I.P. FND. O = I.P. SET • = MAG. NAIL FND. O = MAG. NAIL SET A = R.R. SPK. FND. A = R.R. SPK. SET • = P.K. NAIL FND. I.P. Set are 13/16" I.D. iron pipe with cap inscribed EMHT INC # O ## ### GRAPHIC SCALE (in feet) I I I I I I I + I I I I I I I I I � I I M I M. 4 =8 °49'41" R= 1100.00' Arc= 169.49' - r ChB =N 4 °51'23" E ChD= 169.32' Grass 0 , Iten ' X20 °30'00" R= 1100.00' Arc = 393.58' ChB= N00 ChD= 391.48' FRANTZ ROAD CORPORATE CENTER P.B. 64, P. 54 LOT 6 I 5626 FRANTZ VENTURE LLC I.N. 200611210233193 I 324. 3 Eo seme N78 .3416 E 10, 3ipo Grass 2 ID I (g, A I � N I \� I i cc 0 a a W io, 1 58. 5' CITY OF COLUMBUS Grass 4 26 Zo 1 * PARCEL NO.. 26 -WD r ; rj 0.249 ACRES 0 Asphalt N 14 C-P U, 151.2 Grass Z rn oncrete Sidewal 10' w26271N18 N 11 ° 13'47" W I 16 \c Eoa ok 1473 0 0 15.00 E11997062500 / W j Asphalt ® 1. N io S 51'38'11" E . to em�a Line E °sem n° 29 N I 46.78' N o� or 1emP °r t 005 E v -- u w 12 I i _w I �1no � I 1 CITY OF COLUMBUS PARCEL NO.. 26-WD 0.249 ACRES I.N. 199712080161005 3 N Mo Z LID X89 °51'51" R= 35.00' Arc= 54.90' ChB =N56 °09'43 " ChD= 49.44' O.R. 1.57 Easemen 080161 pli Item 10 ` 4 e Eas em en I N 199712 _ _ 10' G g6B2 y� 15e Electric? N °sement O.R. 112 451.64 153a °1 ®� 54,2 ���� _ 0 R. � 2„ .Item 15 9 N j8° A s Wlthi� 0 e O Item {ric ern ent R - 5' Elec 1 2 s N11 °05'38 "W o R. a1o1E S78 2 "W W _ 54 2 R / 30.00' _ N78 54 Z2 E CGS 5149 84.85 I ZONING NOTE: UTILITY STATEMENT: Subject tract is zoned CPD: Commercial Planned Development, as reported The utilities shown hereon have been located from field survey information in a Zoning Classification Report provided by Commercial Due Diligence and existing drawings. Time surveyor makes no guarantee that the utilities shown corn rise all such utilities in the area either in service or abandoned NOTE: 1. There was no evidence of current earth moving or building construction observed on the subject tract at the time of survey. 2. There was no evidence of street right -of -way changes, sidewalk construction, or repairs observed on the subject tract at the time of survey. 3. There was no evidence of the subject tract being a solid waste dump, sump, or sanitary landfill observed at the time of survey. rn I l 0 a a 330 AC. GROSS B o• Asp halt Grass W o � o , FRANKLIN OHIO INVESTORS LTD 5.513 AC. I.N. 199706250031758 W I N Asp halt n CITY OF COLUMBUS Grass 4 26 6 PARCEL NO.. 26 -WD r ; N 0.249 ACRES I.N. 199712080161005 14 C-P U, 151.2 Grass m 12 Ea sem ent Ite e rn oncrete Sidewal 10' w26271N18 N 11 ° 13'47" W 16 \c Eoa ok 1473 O.R 7 15.00 E11997062500 / W j Asphalt ® 1. N .R N 11 °13'47" W S 51'38'11" E . to em�a Line E °sem n° 29 em 17 Construction 30.00 6642 46.78' 20' 2627 or 1emP °r t 005 SURVEY NOTE: This survey was prepared using documents of record, prior plats of survey, and observed evidence located by an actual field survey. Occupation, in general, fits survey. FEMA, NOTE: According to the Federal Emergency Management Agency's Flood Insurance Rate Map (dated June 17, 2008), the subject tract shown hereon lies within Zone X (areas determined to be outside of the 0.2% annual chance floodplain), Community Panel No. 39049CO153 K. DUKE REALTY OHIO 7.58 AC.(RECORD) Grass ss , 7.330 AC.(SURVEY) I.N. 200302260056923 Grass 24.9 I I I LID 5500 Frantz Road City of Dublin, Ohio 1 Story Brick Building Height =26.5' 3 *T o a N Concrete Sidewalk 33 Sernces, dated October 6, 2011. Front Setback: Per approved development plan Side Setback: Per approved development plan Rear Setback: Per approved development plan Maximum Height: Per approved development plan Maximum Floor Area Ratio: Per approved development plan P , The surveyor further does not warrant that the utilities shown are in the exact location indicated although he does certify that they are located as accurately as possible from information available. ii ii SITE PARK CENTER AV T Z rJ TATTLE _ F?� �O LOCATION MAP AND BACKGROUND DRAWING NOT TO SCALE Schedule B Items from Title Commitment No. 470333-4 issued by First American Title Insurance Company with an effective date of September 22, 2011 at 7:30 A.M. Item 1 -8 Not a survey related item. Item 9 Easement to Columbus and Southern Ohio Electric Company of record in Official Record 8 10 1, page E -12. Y ELECTRIC EASEMENT IS LOCATED ON THE SUBJECT TRACT AS SHOWN HEREON. Item 10 Easement to Columbus Gas of Ohio of record in Official Record 11286, page B -20. 10' GAS LINE EASEMENT IS NOT LOCATED ON THE SUBJECT TRACT BUT IS SHOWN FOR REFERENCE. Item 11 Easement to Columbus Southern Power Company of record in Official Record 15387, page H -Ol. 5' ELECTRIC EASEMENT IS LOCATED ON THE SUBJECT TRACT AS SHOWN HEREON. Item 12 Easement between Crow - Ransom and the City of Dublin, of record in Official Record 26271, page H -18. 10' AND 20' WATER LINE EASEMENT IS LOCATED ON THE SUBJECT TRACT AS SHOWN HEREON. Item 13 Easement to The Ohio Bell Telephone Company of record in Official Record 31103, page B -13. 10' TELEPHONE EASEMENT IS LOCATED ON THE SUBJECT TRACT AS SHOWN HEREON. Item 14 Memorandum of Lease between Metropolitan Life Insurance Company, a New York corporation, Lessor, and Ameritech New Media Enterprises, Inc., a Delaware corporation, dated January 16, 1996, filed for record February 12, 1996 at 12:02 P.M. and recorded in Official Record 31148, page F -19, Recorder's Office, Franklin County, Ohio. Assignment of Lessor's interest to Duke Realty Limited Partnership pursuant to Assignment of Leases filed for record November 8, 1996 at 2:46 P.M., of record in Official Record 33563, page G -16, Recorder's Office, Franklin County, Ohio. SUBJECT TRACT IS LOCATED IN THE AREA DESCRIBED; NO EASEMENTS GRANTED THEREIN. Item 15 The right of the public to use that portion of the insured premises, which lies within the boundaries of Tuttle Road and Frantz Road. SUBJECT TRACT IS LOCATED WITHIN THE AREA DESCRIBED AS SHOWN. Item 16 Easement and Right of Way from Duke Realty Limited Partnership to Columbus Southern Power Company, dated May 19, 1997, filed for record June 25, 1997 and recorded as Franklin County Recorder's Instrument No. 199706250031473.6' ELECTRIC EASEMENT IS LOCATED ON THE SUBJECT TRACT AS SHOWN HEREON. Item 17 Easements contained in the Entry Vesting Title, Case No. 96CVH -08 -6183, filed for record December 8, 1997 and recorded as Franklin County Recorder's Instrument No. 199712080161005. TEMPORARY EASEMENTS ARE LOCATED ON THE SUBJECT TRACT AS SHOWN HEREON BUT HAVE EXPIRED. Item 18 Not a survey related item. CERTIFICATION: Commitment No. 470333 -4 To: BRE/Cemral Office Holdings, LLC, a Delaware limited liability company, Duke Realty Ohio, and First American Title Insurance Company: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2011 "Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys ", jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 6(b), 7(a), 8, 9, 11(a), 13, 14, 16, 17, & 18 of Table A thereof. Field work was completed on October 5, 2011. Michael O. Wanchick Date Professional Surveyor No. 7854 ©©m Scale: Octobe5 2011 Evans, Mechwart, Hambleton & Tilton, Inc. Engineers • Surveyors • Planners • Scientists Job No: 2011 -1286 5500 New Albany Road, Columbus, OH 43054 Phone: 614.775.4500 Toll Free: 888.775.3648 emht.com Sheet: of REVISIONS 1 1 Duke Realty / 5500 Franz Road ALTA Survey / 2011 -1286 / 20111286ALTA_04 QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That Duke Realty Ohio, an Indiana general partnership ( "Grantor ") hereby quit claims to City of Dublin, Ohio, an Ohio municipal corporation ( "Grantee "), whose tax mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017, all of Grantor's interest in the real property situated in the State of Ohio, County of Franklin, and City of Dublin, as legally described on Exhibit "A" and depicted on Exhibit `B" attached hereto and made part hereof. Subject to easements, conditions, covenants, restrictions and reservations of record, zoning ordinances and legal highways, and real estate taxes and assessments not yet due and payable. Pri or Instrument Reference: Instrument No. 200302260056923 Franklin County, Ohio Recorder's Office THE REAL PROEPRTY LEGALLY DESCRIBED ON EXHIBIT "A" AND DEPICTED ON EXHIBIT "B" IS INTENDED BY GRANTEE TO BE HELD FOR PUBLIC USE AS A RIGHT - OF -WAY. The said Grantor has caused this instrument to be executed by its duly authorized office this day of November, 2011. DUKE REALTY OHIO, an Indiana general partnership By: Duke Realty Limited Partnership, an Indiana limited partnership By: Duke Realty Corporation, its general partner us James T. Clark Senior Vice President Columbus Operations [Notary block on following page] STATE OF OHIO ) ) SS: COUNTY OF FRANKLIN ) Before me, a Notary Public in and for said County and State, personally appeared James T. Clark, by me known to be the Senior Vice President, Columbus Operations, of Duke Realty Corporation, an Indiana corporation, the general partner of Duke Realty Limited Partnership, a general partner of Duke Realty Ohio, an Indiana general partnership, who acknowledged the execution of the foregoing "Lease" on behalf of said partnership. WITNESS my hand and Notarial Seal this day of 1 200 _ Notary Public (Printed Signature) My Commission Expires: My County of Residence: Instrument prepared by (and return recorded copy to): Joseph P. Hawkins, Corporate Attorney, c/o Duke Realty, 600 E. 96 Street, Suite 100, Indianapolis, IN 46240 f: \a &d \lazard \columbus \asset 64 - scioto\row quitclaim deed. docll/22/2011 9 :19 AM EXHIBIT "A" Legal Description EXHIBIT `B" Depiction of Property