56-99 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
56-99 Passed
Ordinance No
YEaR
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH LOWE'S HOME CENTERS,
INC. TO PROVIDE REIMBURSEMENT FOR THE EXTENSION OF
BANKER DRIVE AND THE REMOVAL OF STRUCTURES
LOCATED ON ADJACENT DUBLIN PROPERTY; AND THE
EXECUTION OF NECESSARY CONVEYANCE DOCUMENTS
- RELATING TO THE DEVELOPMENT OF LOWE'S PROPERTY
WHEREAS, to facilitate the reuse of David Road, the City of Dublin purchased property
located at 6580 David Road, Dublin, Ohio (the "City Tract") on January 27, 1999;
WHEREAS, Lowe's has a contract to purchase a 21.6 acre parcel located near the
intersection of Dublin Center Drive and W. Dublin-Granville Road with Fifth Third Bank
(the "Bank Tract"); and
WHEREAS, the City desires to enter into an agreement with Lowe's to provide
reimbursement for the extension of Banker Drive across the City Tract to intersect with
David Road, an environmentaUasbestosrepnrt and the demolition of any improvements upon
the City Tract; and
WHEREAS, the aforementioned objectives will require Lowe's to convey a fee simple
interest to the City fora 1.3290 acre parcel along Dublin Center Drive and a 1.839 acre
parcel along Federated Boulevard forright-of-way drops, and the property located in the City
of Dublin, Franklin County, Ohio, is more fully described in the attached Exhibits "A" and
"B"; and
WHEREAS, upon completion of Lowe's extension of Banker Drive, Lowe's will convey
a Public Access Roadway Easement to the City, with respect to the portion of Banker Drive
which shall be located on the Bank Tract, and the property located in the City of Dublin,
Franklin County, Ohio, is more fully described in the attached Exhibit "C"; and
WHEREAS, the City has agreed to terminate a 100' Landscape Buffer Strip which presently
encumbers property owned by Lowe's; and
NOW, THEREFORE, 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 an Agreement Regarding
Asbestos Removal and Roads, Public Access Roadway Easement and Termination of
Landscape Buffer Strip and any additional documents necessary to facilitate the objectives
listed above.
Section 2. This Ordinance is declared to be an emergency measure for the immediate
preservation of the public peace, health, safety or welfare, and for the further reason of
executing the necessary documents for the immediate extension of Banker Drive; therefore,
this Ordinance shall take effect and be in force immediately upon its passage.
Passed this ~r~ day of ~ , 1999.
? , ~
yor -Presiding Officer
ATTEST: !hereby certify that copies of this Ordinance/Resolution were posted n the
City of Dublin in accordance with Section 731.25 of the Ohio Revised de.
~i Clerk of C nc' fer f Council, Dublin, Ohio
0.139 ACRE
Situated in the State of Ohio, County of Franklin, City of Dublin, Section 3, Township 2, Range 19, United States
Military Lands and being out of Reserve "C" of that plat entitled "Dublin City Center" of record in Plat Book 69, Pages 18
through 20, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning, for reference at the intersection of Banker Drive with Dublin Center Drive;
thence North 81° 54' 32" West, with the centerline extension of said Banker Drive, a distance of 30.00 feet to an iron
pin set on a curve in the westerly right-of-way line of said Dublin Center Drive, being the True Point of Beginning for this
description;
thence with said westerly right-of-way line and said curve to the right, having a central angle of 17° 57' 16" and a
radius of 970.00 feet, a chord bearing and distance of South 17° 4' 09" West, 302.72 feet to an iron pin set at a point of
compound curvature;
thence continuing with said westerly right-of-way line and said curve to the right, having a central angle of 88° 10' 06"
and a radius of 35.00 feet, a chord bearing and distance of South 70° 07' S6" West, 48.70 feet to an iron pin set at a point of
reverse curvature in the northerly right-of-way line of West Dublin-Granville Road (State Route 161);
thence with said northerly right-of-way line and said curve to the left, having a central angle of 00° 30' 23" and a
radius of 2002.50 feet, a chord bearing and distance of North 66° 02' 06" West, 17.70 feet to an iron pin set;
thence across said Reserve "C" ,the following courses:
With a curve to the left, having a central angle of 87° 36' 53" and a radius of 35.00 feet, a chord bearing and distance
of North 69° 53' 43" East, 48.46 feet to an iron pin set at a point of compound curvature;
With said curve to the left, being 18.00 feet westerly and parallel to said westerly right-of-way line, having a central
angle of 17° 59' 41" and a radius of 952.00 feet, a chord bearing and distance of North 17° 05' 24" East, 297.76 feet to an iron
pin set;
South 81° 56' 17" East, a distance of 18.00 feet to the True Point of Beginning and containing 0.139 acre of land,
more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Bearings herein are based on North 02° 34' 05" East for the westerly line of Reserve "C" as shown on the plat
entitled "Dublin City Center" of record in Plat Book 69, Pages 18 through 20.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
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1.839 ACRES
Situated in the State of Ohio, County of Franklin, City of Dublin, Section 3, Township 2, Range 19, United States
Military Lands and being all out of Reserve "C" of that plat entitled "Dublin City Center" of record in Plat Book 69, Pages 18
through 20, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning, for reference, at the centerline intersection of Dublin Center Drive with Federated Boulevard;
thence North 86° 26' 50" West, with said centerline of Federated Boulevard, a distance of 106.89 feet to a point;
thence South 03° 33' 10" West,. at a right angle to said centerline of Federated Boulevard, a distance of 49.64 feet to
an iron pin set in the southerly right-of-way line of said Federated Boulevard, being the True Point of Beginning for this
description;
thence North 86° 26' S0" West, across said "Dublin City Center" tract, a distance of 813.45 feet to an iron pin set in
the easterly line of that 2.868 acre tract as conveyed to Continental Sawmill LP of record in Official Record 28939A01;
thence North 02° 34' 05" East, with said easterly line, a distance of 100.01 feet to an iron pin set at the northeasterly
comer thereof, being the southeasterly comer of that tract as conveyed to Chelsea Partnership of record in Official Record
20400F04;
thence North 06° 08' 39" East, with the easterly line of said Chelsea tract, a distance of 310.26 feet to an iron pin set
in said southerly right-of-way line;
thence with said southerly right-of-way line, the following courses:
With a curve to the left, having a central angle of 81° 59' 14" and a radius of 395.00 feet, a chord bearing and
distance of South 45° 27' 13" East, 518.22 feet to an iron pin set at a point of tangency;
South 86° 26' 50" East, a distance of 105.00 feet to an iron pin set at a point of curvature;
With said curve to the right, having a central angle of 25° 51' 01" and a radius of 140.00 feet, a chord bearing and
distance of South 73° 31' 17" East, 62.63 feet to an iron pin set at a point of reverse curvature;
With said curve to the left, having a central angle of 11° 22' 48" and a radius of 1262.27 feet, a chord bearing and
distance of South 73° 31' 17" East, 250.30 feet to the True Point of Beginning and containing 1.839 acres of land, more or
less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Bearings herein are based on North 02° 34' 05" West for the westerly line of Reserve "C" as shown on the plat
entitled "Dublin City Center" of record in Plat Book 69, Pages 18 through 20.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
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LEGAL DESCRIPTION
0.465 ACRE
Situated in the State of Ohio, County of Franklin, City of Dublin and being all
of the following tract of land as conveyed to Jayce R. and Margaret A. Ashwill
of record in Official Record 28508E20 (all deed references refer to records of
the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning at a 5/8" rebar found at the northeasterly corner of those tracts of
1'and as conveyed to James M. and Lois N. Harkness of record in Deed Book 1875,
page 276 and being in the westerly line of Reserve "C" of that plat entitled
"Dublin City Center" of record in Plat Book 69, Pages 18 through 20, said
rebar being North 2' 34' 05" East, a distance of 238.49 feet from an iron pin
set at the southwesterly corner of said Reserve "C";
thence North 86' 46' 37" West with the northerly line of said Harkness tract,
a distance of 202.50 feet to a 5/8" rebar found at the northwesterly corner of
said Harkness tract and in the easterly right-of-way line of David Road;
thence North 2' 34' 05" East with said easterly right-of-way line, a distance
of 100.00 feet to a 5/8" rebar found at the southwesterly corner of that tract
as conveyed to Quentin and Carolyn Widener of record in Deed Book 2104, Page
259;
thence South 86' 46' 37" East with the southerly line of said Widener tract,
a distance of 202.50 feet to a 5/8" rebar found at the southeasterly corner of
said Widener tract, in the westerly line of said Reserve "C";
thence South 2' 34' OS" West. with the westerly line of said Reserve "C", a
distance of 100.00 feet to the point of beginning and containing 0.465 acre of
~ww land, more or less.
The basis of bearing for this description is North 2' 34' OS" East for the
westerly line of Reserve "C" of the plat entitled "Dublin City Center" of
record in Plat Book 69, Page 18 through 20.