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79-08 OrdinanceRECORD OF ORDINANCES 79-08 Ordi~~aface No. Passed 20 AN ORDINANCE APPROPRIATING A 0.008 ACRES, MORE OR LESS, FEE SIMPLE INTEREST, A 0.131 ACRES, MORE OR LESS, STANDARD HIGHWAY EASEMENT, AND A 0.129 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM 6969 INDUSTRIAL PARKWAY, LLC, SAID ACREAGE LOCATED NORTH OF STATE ROUTE 161 AND WEST OF INDUSTRIAL PARKWAY, CITY OF DUBLIN, COUNTY OF UNION, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin is preparing to improve the U.S. Highway 33 and State Route 161 Interchange in Franklin and Union Counties; and WHEREAS, said improvement will require the City of Dublin to obtain a fee simple interest in the premises described in the attached Exhibit "A", Exhibit "B" and Exhibit "C", located in the City of Dublin, County of Union, State of Ohio. NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. A fee simple interest, standard highway easement and temporary construction easement in the premises owned by 6969 Industrial Parkway, LLC located in the City of Dublin, State of Ohio, and more fully described in the legal descriptions attached hereto as Exhibit "A", Exhibit "B", and Exhibit "C" are hereby appropriated for the public purpose of improving the US 33/SR 161/Post Road interchange, pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio. Section 2. Council hereby fixes the value of the interest appropriated three hundred thirty-five thousand four hundred twenty-one dollars (5335,421) which sum shall be deposited with the Union County Court of Conunon Pleas, for the use and benefit of the owners of the property appropriated as their interests may appear. Upon such deposit, the City of Dublin shall take possession of and enter upon the property pursuant to law. Section 3. Council finds that the appropriation is necessary for the stated purpose, that the City has been unable to agree with the owner of the property as to appropriate compensation, and that the City intends to obtain immediate possession of the property. Section 4. The City Law Director is directed to file a petition for appropriation in the Union County Court of Common Pleas, to have a jury impaneled to assess the compensation to be paid for the real estate herein described above. Section 5. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the prompt improvement of US 33/SR 161/Post Road interchange is necessary to improve traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this ~~ day of ~~'fiD ~~~ , 2008. Vu~~~ Mayor -Presiding Officer ATTEST: Clerk of Council ~SCHOTTENSTEIN ZOX&DUNN~a.,~P~ MEMORANDUM TO: Dublin City Council Marsha Grigsby, Interim City Manager Paul A. Hammersmith, PE, Director of Engineering/City Engineer FROM: Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: October 16, 2008 RE: Ordinance No. 79-08 -Land Appropriation - 6969 Industrial Parkway, LLC U.S. Highway 33 and State Route 161 Interchange Improvement Project INTRODUCTION: This Ordinance is a follow-up to the Resolution passed by Council regarding this same property at the June 16, 2008 meeting. By way of background, the Resolution authorized the City to pursue all the necessary legal requirements to review the possible appropriation of property owned by 6969 Industrial Parkway, LLC. The purpose of this Ordinance is to authorize the Law Department to pursue an eminent domain action in the appropriate Court of Common Pleas if, through good faith negotiations, the City cannot settle with the landowner. PROJECT BACKGROUND: The City of Dublin and the Ohio Department of Transportation (ODOT) are working together to make improvements to the US 33/SR 161/Post Road interchange. The current "tight diamond" configuration will be changed to a "Parclo A" configuration. This change means that loop ramps will be introduced to eliminate the need for left turns from the arterial road (i.e. S.R. 161 /Post Road) onto the freeway (U.S. 33). This project requires the acquisition of either a "partial take" (the purchase of a portion of the parcel for right-of--way) or a "total take" (the purchase of the entire parcel) from multiple property owners along this interchange. ACQUISITION INTRODUCTION: This memorandum discusses the acquisition of a .008 acres, more or less, fee simple interest, a .131 acres, more or less, standard highway easement, and a .129 acres, more or less, temporary construction easement owned by 6969 Industrial Parkway, LLC, said acreage located on the northwest corner of State Route 161 and Industrial Parkway, just west of U.S. 33, City of Dublin, County of Union, State of Ohio. Memo re Ordinance 79-08 Land Appropriation -Mitchell October 15, 2008 Page 2 of 2 ACTION TAKEN IN THIS CASE: Since the year 2006, the Law Department has been in contact with the landowner to inform the landowner of the upcoming construction and effect of the interchange improvement to the ', property. A title search was conducted and the appraisal for this property is complete. The appraiser determined the fair market value of the property as three hundred thirty-five thousand four hundred twenty-one dollars ($335,421). The Law Department engaged M/E Companies (Mr. James Howard) to negotiate the acquisition with the landowner. Mr. Howazd has not yet presented the offer of compensation to 6969 Industrial Parkway, LLC, but anticipates doing so shortly. The appraisal of this property has only recently been completed as our two appraisers, The Robert Weiler Company and Ohio Real Estate Consultants, Inc., worked to resolve differences in their respective appraisals. This Ordinance has been prepared to authorize the City, through the Law Department, to allow for litigation in which the compensation to the landowner will be determined should settlement not be forthcoming. RECOMMENDATION: The Law Department recommends approval of Ordinance No. 79-08 by emergency. v; v~dZD.cor Columbus Cleveland Cincinnati {Fit 352243.1 l 250 West Street, Columbus, Ohio 43215-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614-462-2700 ~ Fax: 614-462-5135 EXHIBIT Pege 1 of3 RX 252 PID 80748 Rev. 09/06 PARCEL 75-WL CfY-R7E-SEC t11J1-33-24.87 Version Dale 01/IONB PARCEL 75-WL UNI-33-24.57 ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE IN THE FOLLOWING DESCRIBED PROPERTY INCLUDING LIMITATION OF ACCESS Grantor/Owner, his heirs, executors, administrators, successors and assigns forever, are hereby divested of any and all abutter's rights, including access rights in, over and to the within described real estate, including such rights with respect to any highway facility constructed thereon (as used herein, the expression "Grantor/Owner" includes the plural, and words in the masculine include the feminine or neuter). ISorveyor's description of the premises followsl SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, JEROME TOWNSHIP, LOCATED IN VIRGINIA MILITARY SURVEY NO. 6148, BEING A PART OF THE ORIGINAL 538 ACRE TRACT DESCRIBED IN THE DEED TO 6969 INDUSTRIAL PARKWAY, LLC, OF RECORD IN OFFICIAL RECORD 765, PAGE 214, RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PARCEL OF LAND LYING ON THE LEFT SIDE OF THE CENTERLINE OF RIGHT-OF- WAY AND'CONSTRUCT[ON OF S.R. 161, AS ESTABLISHED BY A SURVEY MADE BY R.D. ZANDE & ASSOCIATES, INC., FOR THE CITY OF DUBLIN AND THE OHIO DEPARTMENT OF TRANSPORTATION IN 2005 AND 2006, AND BEING LOCATED WITHIN THE FOLLOWING DESCRIBED BOUNDARY POINTS OF PARCEL 75-W L; BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE EXISTING CENTERLINE OF RIGHT-OF-WAY OF EiTERMAN ROAD AT THE INTERSECTION OF THE FRANKLIN / UNION COUNTY LINE; THENCE NORTH 40 DEG. 19 MIN. 0] SEC. WEST, A DISTANCE OF 1156.46 FEET ALONG SAID EXISTING CENTERLINE OF RIGHT-OF-WAY OF EITERMAN ROAD, AND THE NORTHEASTERLY LINE OF THE 2.258 ACRE TRACT CONVEYED TO TH£ CITY OF DUBLIN BY DEED OF RECORD 1N OFFICIAL RECORD 585, PAGE 722, TO A POINT IN THE NEW SOUTHEASTERLY LIMITED ACCESS RIGHT-OF- WAY LINE OF STATE ROUTE 161 (PARCEL 76-WL), BEING 295.14 FEET RIGHT OF CENTERLINE STATION 44+16.48; . THENCE THE FOLLOWING TWO (2} COURSES AND DISTANCES ALONG SAID EXISTING CENTERLINE OF RIGHT-OF-WAY OF EITERMAN ROAD, AND THE NORTHEASTERLY LINE OF THE 2.258 ACRE TRACT; 1. THENCE NORTH 40 DEG. ]9 MIN. 01 SEC. WEST, A DISTANCE OF 40.14 FEET TO A POINT OF TANGENCY; 2. THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 6138.83 FEET, A CENTRAL ANGLE OF Ol DEG. 45 MIN. 33 SEC., AN ARC LENGTH OF 188.49 FEET, THE CHORD TO WHICH BEARS NORTH 34 DEG. 26 MIN. 15 SEC. WEST, A CHORD DISTANCE OF 188.49 FEET, TO A POINT IN THE ORIGINAL TANGENT CENTERLINE OF STATE ROUTE 161, AT THE COMMON CORNER OF SAID 2.218 ACRE TRACT AND SAID ORIGINAL 5.38 ACRE TRACT; SAtD POINT BEING 7.35 FEET LEFT OF CENTERLINE STATION 43+05.26, AND BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 75-WL; EXHIBIT A page 2 of 3 RX 252 Pm 80748 Rev. 09/06 PARCE(. 75-NR, CTY-RTESEC UNI-33-24.87 Version Date 01!10/08 THENCE SOUTH 65 DEG. 58 MIN. 10 SEC. WEST, A DISTANCE OF 390.21 FEET ALONG TH£ ORIGINAL TANGENT CENTERLINE OF STATE ROUTE 161, AND THE SOUTHEASTERLY LBJE OF SAID ORIGINAL 5.38 ACRE TRACT, TO A POINT AT THE EASTERLY CORNER OF THE 1.190 ACRE TRACT CONVEYED TO LARRY D. AND KAREN C. PETERS BY DEED OF RECORD IN DEED BOOK 339, PAGE 767; SAID POINT BEING 17.34 FEET LEFT OF CENTERLINE STATION 39+15.18; THENCE NORTH 22 DEG. 32 MIN. 3I SEC. WEST, A DISTANCE OF 47.73 FEET (PASSING AN IRON PIN FOUND AT A DISTANCE OF 40.01 FEET) ALONG THE NORTHEASTERLY LINE OF SAID 1.190 ACRE TRACT TO AN IRON PIN SET IN THE NEW NORTHWESTERLY LIMITED ACCESS RIGHT-OF- WAY LINE OF STATE ROUTE 161, BEING 65.00 FEET LEFT OF CENTERLINE STATION 39+17.64; THENCE THE FOLLOWING THREE (3) COURSES AND DISTANCES ALONG THE NEW NORTHWESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161, AND ACROSS SAID ORIGINAL 5.38 ACRE TRACT; i. THENCE NORTH 64 DEG. 30 M[N. 09 SEC. EAST, A DISTANCE OF 112.27 FEET TO AN IRON PIN SET IN THE EXISTING NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 16t, BE1NG 65.00 FEET LEFT OF CENTERLII~TE STATION 40+29.91; 2. THENCE NORTH 61 DEG. 25 MIN. 56 SEC. EAST, A DISTANCE OF 163.34 FEET ALONG THE EXISTING NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161, TO AN IRON PIN SET AT AN ANGLE POINT IN SAID EXISTING RIGHT-OF-WAY LINE, BEING 73.75 FEET RIGHT OF CENTERLINE STATION 41+93.01; 3. THENCE NORTH 64 DEG. 40 MIN. i 9 SEC. EAST, A DISTANCE OF 97.30 FEET TO AN IRON PIN SET ON A CURVE IN THE EXISTING CENTERLINE OF RIGHT-OF-WAY OF INDUSTRIAL PARKWAY (COUNTY ROAD 1}, AND THE NORTHEASTERLY LINE OF SAID ORIGBQAL 5.38 ACRE TRACT; SAID IRON PIN BEBQG 73.46 FEET LEFT OF CENTERLINE STATION 42+90.31; THENCE ALONG THE EXISTING CENTERLINE OF RIGHT-OF-WAY OF INDUSTRIAL PARKWAY, AND THE NORTHEASTERLY LINE OF SAID ORIGINAL 5.38 ACRE TRACT, WITH A CURVE TO THE LEFT; HAV [NG A RADIUS OF 6138.83 FEET, A CENTRAL ANGLE OF 00 DEG. 37 MIN. 57 SEC., AN ARC LENGTH OF 67.78 FEET, THE CHORD TO WHICH BEARS SOUTH 38 DEG. 14 M1N. 29 SEC. EAST, A CHORD DISTANCE OF 67.78 FEET, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 75-WL, CONTAINING 0.497 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.489 ACRES, MORE OR LESS. OF THE A80VE DESCRIBED AREA, 0.497 ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PkRGEL-1 7-0 03 1 020.000, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00. 026.002. ALL IRON PINS SET AAE 3!4 INCHES IN DIAMETER BY 30 INCHES LONG WITH AN ALUMINUM CAP. BEARING THE NAME ODOT [UW AND R.D. ZANDE & ASSOCIATES. ALL STATION AND OFFSET REFERENCES ARE TO THE AFOREMENTIONED CENTERLINE OF RIGHT-OF-WAY AND CONSTRUCTION OF S.R. t61, UNLESS OTHERWISE SHOWN. THE BEARINGS FOR THE UNI-33-24.87 PROJECT ARE BASED UPON STATE PLANE GRID BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED USING G.P.S. METHODS THROUGH THE FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 72", "FRANK 172", "FCGS 5536", AND "FCGS 5534". RX 252 Rev. 09/06 EXHIBIT A PID PARCEL CTY-RTE-SEC Version Date Page 3 of3 80748 75-W L IJNI-33-24.87 01/10!08 TH[S DESCRIPTION WAS PREPARED BY STEVEN E. RADER, REGISTERED SURVEYOR 7191, AND IS BASED UPON A SURVEY FOR THE CITY OF DUBLIN FROM OCTOBER, 2005 TO MARCH, 2006 BY R D. ZANDE AND ASSOCIATES, INC., UNDER THE DIRECTION OF SAID SURVEYOR. GRANTOR CLAIMS TITLE BY THE 1NSTRUMENT OF RECORD IN OFFICIAL RECORD 765, PAGE 214, OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. ••o~P~(EOF~'~•~ ~~ `y~0 ~' ~k i STEVEN , E ~k E. RADER i A~~ ~~'pFG137fiR,~~~Oa STANTEC CONSULTING SERVICES, INC. (FORMERLY R. D. ZANDE AND ASSOCIATES, [NCJ ~~~ ~ ~c~ti i/ro% GISTERED SURVEYOR NO. 7197 DA E 0.497 ACRES (GROSS} -0.489 ACRES (P.R.O.) 0.008 ACRES (NEi) 8969 INDUSTRIAL PARKWAY, LLC iJ-0031020.000 75 ORIG. 5.38 ACRES OR 765, PG. 274 e fi ~t L ~\ \v ~~ _,~ ~~S .pZd ~n ~ O ~'~ \' 9 ~ \~\ \ \_ \ 2~'\ L 9 \ 7,6 - ~~42 we v 74 ) ~ 7 ~"ti ~ x CON57 • I _ ~~ i .., ~tiiW ~•~ E - JiOME~µ N~~ JOHN L WIRCHAINSKI 41 17-0031031.001 so.ot7 Ac. (rwcr p D.B. 305. PG. BB `\ 97 \ 17-0037037.007 2.42 ACRES D.B. 318, PG. 765 POINT OF BECINNTNG S.R. >7Sf ~fL7° CRY OF DUBLIN \ 39-0001003.100 ~ ~ 74.503 ACRES ~ OR 760, PG. 59 acA~ 9: ~' ti 75 UNION CO. x w FRl'NKUN Cp. W L7 69 ~w 74 ; p-~/ , Ow°~~' EXR MONUMENT LEGEND B R.R.S. FOUND 8 R/W MONUMENT FOUND 0I I.P.F. WT[H I.D. CAP • 3/4' IRON PIN SET l RR.S. SET DETAIL No. 1 N.T.S. IRON PINS SET ARE 3/4' DKYEfER Bt 30" LONG WITH AN ALVMNVM GIP, BEARING THE NAME bDOT R/W ANO R0. Z.WOE h ASSOC." NUMBER Ct DELTA AND. 01'45'33" RADIUS 6738.83' ARC LEN 788.49' CHORD DIRECTION N 39'26'75" W CHORD 788.49' C2 00'3157 5138.83' 67.78 538'14'29" E 67.78` ~ NUMBER DIRECDON DISTANCE L7 N 8157'12" W /2D.77' L2 N 40'79'01" W 1156.46' L3 N 40'79'01 W 40.74' L4 S 65'58'10 W 390.21' V' N 2232'37' w 47.73' L6 N 64'30'09" E 172.27' L7 N 6115'56 E 163.34' LB N 6040'79" E 97.30' ~' O 7007 POST ROAD LLC 75 CDY OF DUBLJN PARCEL 7S-WL ~ 39-0001003.000 39-0001003.107 UNI-33-24.87 = 14.847 ACRES 2.256 ACRES 5 OR 586, PC. 445 OR 585, PC. 722 ISN01~ TIfP.. DNION COUNTY, OHIO IARRY D. d[ 7IItGINIA 7HIITARY SUR7SY 8748 6 74 KAREN C. PETERS 7H75 PARCEL uE5 1177HP! zoNE X o +ao a9o i7-0031020.700 aF THE 'FlR1J' Cda9JNi[Y PANEL 1.190 ACRES NO. 390808 0150 G WITH AN SGIE M FFEf f, 0.8. 339. PG. 767 EFFEG77VE EATS OF 10/03/O6 Pr4ParW By i BA515 pF BEARINGS 1£ GF 0 Stantec Cm6W7mg S6MGe6, Inc w y (ramsfy R.G. zma. t Avecbty, tee) 'St7E BFARINfS TDR THE Ut8-33-24.67 PROJECT ARE 'I o 1300 ltlu 4+ore OA.a. Suit 700 tNSED UPON STATE PW1E f.RD BEARINGS FROM 171E ~ E. • GewrnEV4. One 4}204 ': OTI7D COOROBNTE SY51O4 SOUIN ZONE N50 63 (86), ~ TRADER a P7wtc (614) 488--4363 iRANION COUNIY~~OIOINEER'S 9U110N" ?TMNK 72. .'y~lr4tt~4~~ ~~ t~ J TRANIt 771•. 'TTr.N 3636•. AND 'EGGS 5534'. ~rRNAI SV C.~ LG~i 7/7c%8 egistc44 Sutvelar nt9t Get. EXHIBIT Page l of3 RX 270 PID 807a8 Rev. 09/06 PARCEL 75•SH CTY-RTF.-SEC UN433.24.87 Version Date 01/10/OS PARCEL 75-SH UNI-33-24.87 PERPETUAL EASEMENT FOR HIGHWAY PURPOSES WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS An exclusive perpetual easement for public highway and road purposes, including, but not limited to any utility construction, relocation and/or utility maintenance work deemed appropriate by the State of Ohio, Department of Transportation, its successors and assigns forever. Grantor/Owner, for himself and his heirs, executors, administrators, successors and assigns, reserves all existing rights of ingress and egress fo and from any residual azea (as used herein, the expression "Grantor/Owner" includes the plural, and words in the masculine include the feminine or neuter). ISurveyor's description of the premises follows] SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, JEROME TOWNSHIP, LOCATED IN V[RGEVIA MILITARY SURVEY NO. 6748, BEING A PART OF THE ORIGINAL 5.38 ACRE TRACT DESCRIBED IN THE DEED TO 6969 INDUSTRIAL PARKWAY, LLC, OF RECORD IN OFFICIAL RECORD 765, PAGE 214, RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PARCEL OF LAND LYING ON THE LEFT STDE OF THE CENTERLINE OF RIGHT-OF- WAY AND CONSTRUCTION OF S.R. 161, AS ESTABLISHED BY A SURVEY MADE BY R.D. ZANDE & ASSOCIATES, INC., FOR THE CITY OF DUBLIN AND THE OHIO DEPARTMENT OF TRANSPORTATION IN 2005 AND 2006, AND BEING LOCATED WITHIN THE FOLLOWING DESCRIBED BOUNDARY POINTS OF PARCEL 75SH; BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE EXISTING CENTERLINE OF RIGHT-OF-WAY OF EITF,RMAN ROAD AT THE INTERSECTION OF THE FRANKLIN / UNION COUNTY LINE; THENCE NORTH 40 DEG. 19 MIN. 01 SEC. WEST, A DISTANCE OF 1156.46 FEET ALONG SAID EXISTING CENTERLINE OF RIGHT-OF-WAY OF EITERMAN ROAD, AND THE NORTHEASTERLY LINE OF THE 2.258 ACRE TRACT CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN OFFICIAL RECORD 585, PAGE 722, TO A POINT IN THE NEW SOUTHEASTERLY LIMITED ACCESS RIGHT-OF- WAY LINE OF STATE ROUTE 161 (PARCEL 76-WL), BEING 195.14 FEET RIGHT OF CENTERLINE STATION 44+16.48; THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG SAID EXISTING _CENTERLINE OF-RIGHT-OF-WAY OF EITERMAN ROAD~AND THE NORTHEASTERLY LINE OF THE 2.258 ACRE TRACT; 1. THENCE NORTH 40 DEG. l9 MIN. OI SEC. WEST, A DISTANCE OF 40.14 FEET TO A POINT OF TANGENCY; 2. THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 6138.83 FEET, A CENTRAL ANGLE OF Ol DEG. 45 MIN. 33 SEC., AN ARC LENGTH OF 188.49 FEET, THE CHORD TO WHICH BEARS NORTH 39 DEG. 26 MIN. 15 SEC. WEST, A CHORB DISTANCE OF 188.49 FEET, TO A POINT IN THE ORIGINAL TANGENT CENTERLINE OF STATE ROUTE 161, AT THE COMMON CORNER OF SAID 2.258 ACRE TRACT AND SAID ORIGINAL 5.38 ACRE TRACT; SAID POINT BEING 7.35 FEET LEFT OF CENTERLINE STATION 43+05.26; EXHIBIT A Pege2af3 RX 270 PtD 80748 Rev. 04!06 PARCEL 75-541 CTY-RI'E-SEC UNI-J3-7A.8T Version Date 01/10/08 THENCE ALONG THE EXISTING CENTERLINE OF RIGHT-OF-WAY OF INDUSTRIAL PARKWAY (COUNTY ROAD 1), AND THE NORTHEASTERLY LINE OF SAID ORIGINAL 5.38 ACRE TRACT, WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 6138.83 FEET, A CENTRAL ANGLE OF 00 DEG. 37 MIN. 57 SEC., AN ARC LENGTH OF 67.78 FEET, THE CHORD TO WHICH BEARS NORTH 38 DEG. 14 MIN. 29 SEC. WEST, A CHORD DISTANCE OF 67.78 FEET, TO AN IRON PIN SET IN THE NEW NORTHWESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 16] (PARCEL 75-WL); SAID IRON PIN BEING 73.46 FEET LEFT OF CENTERLINE STATION 42+90.31 THENCE SOUTH 64 DEG. 40 MIN. 19 SEC. WEST, A DISTANCE OF 97.30 FEET ALONG THE NEW NORTHWESTERLY LIMITED ACCESS RIGHT-0F-WAY L[NE OF STATE ROUTE 161 (PARCEL 75-WL), AND ACROSS SAID ORIGINAL 5.38 ACRE TRACT, TO AN IRON P[N SET AT AN ANGLE POINT IN THE EXISTING NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161; SAID IRON PIN BEING 73.75 FEET LEFT OF CENTERLINE STATION 41+93.01, AND BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 75-SH; THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE NEW NORTHWESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161 (PARCEL 75-WL), AND ACROSS SAID ORIGINAL 5.38 ACRE TRACT; ]. THENCE SOUTH 61 DEG. 25 MIN. 56 SEC. WEST, A DISTANCE OF 163.34 FEET ALONG THE F,X[STING NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161, TO AN IRON PIN SET, BEING 65.00 FEET LEFT OF CENTERLINE STATION 40+29.91; 2. THENCE SOUTH 64 DEG. 30 MIN. 09 SEC. WEST, A DISTANCE OF 112.27 FEETTO AN IRON PIN SET B1 THE NORTHEASTERLY LINE OF THE 1.190 ACRE TRACT CONVEYED TO LARRY D. AND KAREN C. PETERS BY DEED OF RECORD IN DEED BOOK 339, PAGE 767; SAID IRON PIN BEING 65.00 FEET LEFT OF CENTERLINE STATION 39+17.64; THENCE NORTH 22 DEG. 32 MIN. 31 SEC. WEST, A DISTANCE OF 20.03 FEET ALONG THE NORTHEASTERLY LINES OF SAID 1.190 ACRE TRACT, TO A POINT IN THE NORTHWESTERLY LINE OF THE HEREIN DESCRIBED STANDARD HIGHWAY EASEMENT, BEING 85.00 FEET LEFT OF CENTERLINE STATION 39+18.68; THENCE THE FOLLOWING THREE (3) COURSES AND DISTANCES ALONG THE NORTHWESTERLY LINE OF THE HEREIN DESCRIBED STANDARD HIGHWAY EASEMENT, AND ACROSS SAID ORIGINAL 5.38 ACRE TRACT; t. THENCE NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF I ! 0.70 FEET TO A _ _ _ _POINTBEING-85.OO~FEETLERTOF~CENTERLINE~STATION40+29.37; 2. THENCE NORTH 61 DEG. 25 MIN. 56 SEC. EAST, A DISTANCE OF 163.37 FEET TO A POINT BEING 9335 FEET LEFT OF CENTERLINE STATION 4I+92.51; 3. THENCE NORTH 64 DEG. 40 MIN. 19 SEC. EAST, A DISTANCE OF 22.41 FEET TO A POINT IN THE EXISTING NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161, BEING 93.68 FEET LEFT OF CENTERLINE STATION 42+14.91; THENCE SOUTH 22 DEG. I I MIN. 40 SEC. WEST, A DISTANCE OF 29.62 FEET ALONG THE EXISTING NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161, AND ACROSS SAID ORIGINAL 5.38 ACRE TRACT, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 75-SH, CONTAINING 0.131 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS. EXIIIBIT A page 3 oF3 RX 270 Pik 80748 Rev. 09/06 PARCEL 75-SH CTY-RTLSEC UNI-33-24.67 Ver9ia~ Date 01/10/08 OF THE ABOVE DESCRIBED AREA, 0.131 ACRES ARE CONTAINED WITHIN UN10N COUNTY AUDITOR'S PARCEL 17-0031020.000, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00- 026.002. ALL IRON PINS SET ARE 314 INCHES IN DIAMETER BY 30 INCHES LONG WITH AN ALUMINUM CAP. BEARING THE NAME ODOT R/W AND R.D. ZANDE & ASSOCIATES. ALL STATION AND OFFSET REFERENCES ARE TO THE AFOREMENTIONED CENTERLINE OF RIGHT-OF-WAY AND CONSTRUCTION OF S.R. 161, UNLESS OTHERWISE SHOWN. THE BEARINGS FOR THE UNI.33-24.87 PROJECT ARE BASED UPON STATE PLANE GRID BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED USING G.P.S. METHODS THROUGH THE FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 72", "FRANK 172", "EGGS 5536", AND "EGGS 5534". THIS DESCRIPTION WAS PREPARED BY STEVEN E. RADER, REGISTERED SURVEYOR 7191, AND [S BASED UPON A SURVEY FOR THE CITY OF DUBLIN FROM OCTOBER, 2005 TO MARCH, 2006 BY R. D.'LANDE AND ASSOCIATES, INC., UNDER THE DIRECTION OF SAID SURVEYOR. GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN OFFICIAL RECORD 765, PAGE 214, OF THE RECORDER'S OFFICE, UN10N COUNTY, OHIO. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. ~~~fi O ,`, ~ S EA ~ y/ :~ ~P ~ T£S,INCJ SSOC ZANDE AND (FORMERLY R.D O I ~ ,: *: STEVEN '. 'Ac RADER = ~~~ .o '• 7191 GISTERED SURVEYOR N0.7191 DATE ~ ~o '-PFGisTE~~c: J~ 75 ~% N o F . ~~ y i i DETAIL No. 2 N.T.S. 8969 iNDUSiRIAI PARKWAY, LLC 75 17-0037020.000 ORIG. 5.38 ACRES OR 765, PG. 274 0.131 ACRES e~~, %- 69 EXHIBIT Bx\ \\ \ ~a t v y,~~G 'P ~ ` .\ yO 7~~ b~ ~\ ~`~ \~.h ~` ` i JOHN L W9tCWVNSKI 97 17-0031031.007 50.017 AC. (TRACE I) D.B. 305, PG. 88 91 \ 77-0037037.007 2.42 ACRES ~.B. 318, PG. 765 y _ - _ \ t `rti~ ~Cpt~ _ ~__ ___-___ JfoµE ~ \ CItt OF DUBLIN ~ 39-0001003.100 74.503 ACRES OR 760, PG. 59 73 N H N a 6 r O ~o ~a EX 74 ~ N J' z^ ~tDN lug DETAIL No. i d R.R.S. POUND N.T.S. ® R/W AtONUidEM FOUND 0 1.P.F. WITH I.D. CAP • 3/4' IRON PIN SET Z R.R.S. SE'f NUMBER DELTA AND. RADIUS ARC LEN CHORD DIRECTION CHORD C7 01'4533" 8138.63' 188.49' N 39'26'15" W 788.49 C2 00'37'57 6138.63' 87.78' N 3614'29" W 67.78' NUMBER DIRECDON DISTANCE _ It N 8757'12' W 720.71' L2 N 40'19'01" W 7756.46' L3 N 40'19'07" W 40.74' L4 5 64'40'19' W 47.30' Ls 5 6r2s's6• w 163.34' LB S 64'30'09 W 11227 L7 N 2732'37 W 20.03' L8 N 64'30'08 E 17D.70 L9 N 61'25'56" E 783.37 L10 N 6440'79" E 22.41' Lit 5 2717'40" W 29.62' uz s 2ztr4o" W 22.44' l73 N 570542" E 0.73' O 7001 Post RDAs LLC O CRY OF DUBLIN PARCEL 75-SH ~ 69 39-0001003.OOD 76 39-0007003.707 UNI-33-'14.$7 74.847 ACRES 2.258 ACRES OR 586, PG. 945 OR 585, PG 722 787t0YS 71lP., ITNlON COt7NTY. OffiO (ABBY D. 3 TH6 PARCEL LIES W6MN ZONE X ~~ IDf.17ARY 9UHVSY 6748 E 74 KAREN C. PETERS Of TItE 'nRU' wwuNnY PAM]. ° ,~ 2°° 1 7-003 7 020.100 N0. J90808 0150 C, NTill AN 7.790 ACRES EFTECiNE DA7E DP tO/o3/D6 ~ M ~T D.B. 339, PG. 767 P~~~ 6'i P 6 ar Stantec Con6ulttng SeMtes, Iec t~,~OF R ARINGSR ARINGS r ey (7om~enY RD. ZanEe ! Aa«btsa, 7~) ~°. THE BFAPoN06 i0R THE UNI-3S-24.87 PRQIEtt ~ ~E a 13W Lrke 9~ere Ikf.e. Suite tD0 ARE 7S4.SED UPON SPATE PLANE I~iID BFAPoNGS e i Ige1mEYA Oho {3204 i FROM lTE ONKI (DORORNTE 55fE71. SOU1H 2DN[ ~ RADFR u Prime: Cato) 486-4365 NAD 83 (68). A6 LEASUR!•D USIttO G.P.S. Mfl7WD5 $ > 7197 9 TFIROUW THE PRANI!lL81 COUI(IY ENGINEER'S ">~e'eice{p ~~-~y,/~.~._~~i~ / /o%S S7ATKN75 1RAM( n". 'i7tANK 172', 'EGGS 5536, 4/OnAt •J RaglbterM~~Sw<tw p191 Dote AND 'fCGS 5534". EXHIBIT RX 286 ~ rro Rev. 69!06 -------' rARCEL CTY-RT6SEC Version Datc PARCEL 15-T UNI-33-24.87 TEMPORARY EASEMENT FOR THE PURPOSE OF PERFORMING THE WORK NECESSARY TO RECONSTRUCT A DRIVE FOR APPROXIMATELY 24 MONTHS FROM DATE OF ENTRY BY THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION rage t eft aa7as 75-T IJNl-33-24.87 OI/10108 (Surveyor's description of the premises follows] SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, IEROME TOWNSHIP, LOCATED IN VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE ORIGINAL 5.38 ACRE TRACT DESCRIBED IN THE DEED TO 6969 INDUSTRIAL PARKWAY, LLC, OF RECORD IN OFFICIAL RECORD 765, PAGE 214, RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHFO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PARCEL OF LAND LYING ON THE LEFT SIDE OF THE CENTERLINE OF RIGHT-OF- WAY AND CONSTRUCTION OF S.R. 161, AS ESTABLISHED BY A SURVEY MADE BY R.D. ZANDE & ASSOCIATES, INC., FOR THE CITY OF DUBLIN AND THE OHIO DEPARTMENT OF TRANSPORTATION IN 2005 AND 2006, AND BEING LOCATED WITHIN THE FOLLOWING DESCRIBED BOUNDARY POINTS OF PARCEL 75-T; BEGINNING AT THE INTERSECTION OF THE EXISTING NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161 AND THE EXISTING SOUTHWESTERLY RIGHT-OF-WAY LINE OF INDUSTRIAL PARKWAY (COUNTY ROAD 1); SAID POINT BEING LOCATED NORTH 52 DEG. OS MIN. 42 SEC. EAST, A DISTANCE OF 0.13 FEET FROM A CONCRETE RIGHT-OF-WAY MONUMENT FOUND; SAID POINT BEING ] 08.79 FEET LEFT OF CENTERLINE STATION 42+31.5 I ; THENCE SOUTH 22 DEG. ] I MIN. 40 SEC. WEST, A DISTANCE OF 22.44 FEET ALONG THE EXISTING NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161, TO A POINT IN THE NEW NORTHWESTERLY LINE OF A STANDARD HIGH WAY EASEMENT (PARCEL 76-SH), BEING 93.68 FEET RIGHT OF CENTERLINE STATION 42+I4.9I; SAID POINT BEING LOCATED NORTH 22 DEG. I I M[N. 40 SEC. EAST, A DISTANCE OF 29.b2 FEET FROM AN IRON PIN SET IN THE NEW NORTHWESTERLY LIMITED ACCESS RIGHT-OF-WAY LFNE OF STATE ROUTE 161 (PARCEL 75WL); THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE NEW NORTHWESTERLY LINE OF A STANDARD HIGHWAY EASEMENT (PARCEL 75-SH), AND ACROSS SAID ORIGINAL 5.38 ACRE TRACT; 1. THENCE SOUTH 64 DEG. 40 MIN. 19 SEC. WEST, A DISTANCE OF 22.41 FEET TO A - - - " ~ - -POINT BE]NG-93.75'FEET LEFT OF-CENTERti[NE-STATION 41+92:SI;' -~ - - - - ~ ~~ 2. THENCE SOUTH 61 DEG. 25 MIN. 56 SEC. WEST, A DISTANCE OF 102.66 FEET TO A POINT BEING 88.25 FEET LEFT OF CENTERLINE STATION 40+90.00; THENCE THE FOLLOWING FIVE (5) COURSES AND DISTANCES ACROSS SAID ORIGINAL 5.38 ACRE TRACT; I. THENCE NORTH 25 DEG. 29 MIN. 51 SEC. WEST, A DISTANCE OF 11.75 FEET TO A POINT BEING 100.00 FEEL' LEFT OF CENTERLINE STATION 40+90.00; 2. THENCE NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 40.00 FEET TO A POINT BEING 100.00 FEET LEFT OF CENTERLINE STATION 41+30.00; RX 286 Rev. 09/06 EXHIBIT A PID PARCEL CTY-RTL•-SEC Version Date Paga 2 oft 80748 75•T UNI-33-24.87 DI/l0/08 3. THENCE NORTH 25 DEG. 29 MIN. 51 SEC. WEST, A DISTANCE OF 40.00 FEET TO A POINT BEING 140.00 FEET LEFT OF CENTERLINE STATION 41+30.00; 4. THENCE NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 55.00 FEET TO A POINT BEING 140.00 FEET LEFT OF CENTERLINE STATION 41+85.00; 5. THENCE NORTH 22 DEG. 56 MIN. 23 SEC. EAST, A DISTANCE OF 45.22 FEET TO A POINT ON A CURVE IN THE EXISTING SOUTHWESTERLY RIGHT-OF-WAY LINE OF INDUSTRIAL PARKWAY, BEING 170.00 FEET LEFT OF CENTERLINE STATION 42+18.53; THENCE ALONG THE EXISTING SOUTHWESTERLY RIGHT-OF-WAY LINE OF INDUSTRIAL PARKWAY, AND ACROSS SAID ORIGINAL 5.38 ACRE TRACT, WITH A CURVE TO THE LEFT, HAVING A RADIUS OF 6188.83 FEET, A CENTRAL ANGLE OF 00 DEG. 34 MIN. 43 SEC., AN ARC LENGTH OF 62.51 FEET, THE CHORD TO WHICH BEARS SOUTH 37 DEG. I1 MIN. 57 SEC. EAST, A CHORD DISTANCE OF 62.51 FEET, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 75-T, CONTAINING 0.129 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, 0.129 ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PARCEL 17-0031020.000, 'AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00.00- 026.002. ALL IRON P[NS SET ARE 314 INCHES IN DIAMETER BY 30 INCHES LONG WITH AN ALUMINUM CAP, BEARING THE NAME ODOT R/W AND RD. ZANDE & ASSOCIATES. ALL STATION AND OFFSET REFERENCES ARE TO THE AFOREMENTIONED CENTERLINE OF RIGHT-OF-WAY AND CONSTRUCTION OF S.R. 161, UNLESS OTHERWISE SHOWN. THE BEARINGS FOR THE UN[-33.24.87 PROJECT ARE BASED UPON STATE PLANE GRID BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86}, AS MEASURED USING G.P.S. MECFIODS THROUGH THE FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 72", "FRANK 172", "FCGS 5536", AND "FCGS 5534". THIS DESCRIPTION WAS PREPARED BY STEVEN E. RADER, REGISTERED SURVEYOR 7191, AND IS BASED UPON A SURVEY FOR THE CITY OF DUBLIN FROM OCTOBER, 2005 TO MARCH, 2006 BY R. D. ZANDE AND ASSOCIATES, INC., UNDER THE DIRECTION OF SAID SURVEYOR. THIS TEMPORARY EASEMENT IS FOR THE PURPOSE OF PERFORMING THE WORK NECESSARY TO RECONSTRUCT A DRIVE. GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN OFFICIAL RECORD 765, PAGE 214, OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. _...nmmn.._ ~:' '•.,O STANTEC CONSULTING SERVICES, INC. 7I' ~ STEVEN '~ * ~ (FORMERLY R. D. ZANDE AND ASSOCIATES, INC.) i E. = ' ~ RADER ' ' ~ D/~/o~B q ; 7191 ~? ~' ~ ~ ~ 0 ''p TE ,.a ~ ;~ ,6 t,O/g7gtL~ REGISTERED SURVEYOR 0.7191 DA 8989 INDUSIRIAI PARKWAY, LLC 75 17-0031020.000 ORIG. 5.38 ACRES OR 765, PC. 214 0.129 ACRES ~? 'n ~ 74 N i , CRY OF DUBUN 39-0001003.100 ~ 74.503 ACRES OR 760, PG. 59 ~ O f \¢ n~ ~ \9 Lt ~ ~ 7 73 O i o ~ MONUMENT LEGEND ~ D R.RS. FOUND tf ® R/W MONUMENT FOUND g m LP.F. wrrN 7.0. cAP DETAIL • 3/4' IRON PIN SE7 N.TS. l R.R.S. SEi JOt1N L WIRCHAINSKI 91 77-0037037.007 50.017 AC. (TRACT I) D.B. 305. PG. 88 ~] 97 77-0031031.001 2.42 ACRES 0.8. 318, PG. 765 -~ S.R. >6>- - NUMBER DIRECTION DISTANCE Li N 5705'42" E 0.73' L2 52217'40" W 22.44' L3 564'40'19 W 22.47' L4 5 61'25'56" W 702.66 l5 N 2529'51" W 17.75' L6 N 6430'09' E 40.00' L7 N 2529'51" W 40.00' L8 N 64'30'09' E 55.00' L9 N 2756'23" E 45.22' L10 N 2717'40' E 29.62' a 3 O 7001 POST RWID LLC O CTIY OF DUBLIN 89 39 000 76 39 OOOt003 0001003 101 PARCEL ?5-T . . - - UNI-~-24.87 Ti 74.847 ACRES 2.258 ACRES OR 586, PG. 945 OR 586. PG. 722 Iffi8)lIE TIlP., TIl7fOR COUNTY, Offi0 i LARRY D. h VU2GDtfA YO,iTARY SURVEY 8748 rc 74 KAREN C. PEifRS T715 PARCEL UR WRNBI 20NE ~(' o tm zro 0 77-0031020.tOD OF THE TIRM' IXMIMUNRY PANEL y 7.190 ACRES N0. 390!08 0160 C. Wf7H AN yyE x FTEt D.B. 339. PG. 767 EFFECTNE MTE Oi 10/03/08 Prpare4 9y w n 1 ~ Gj~OF BEARING tE OF o 711E BFARVIGS FlKt THE UN-33-24.87 PAQIECI ME 1r S a Stontee Cm6Wting Services, InC. ((amen) RR Zmd ! Aaxbtn, Inc.) ISW ~`• 5twre 0i1`°• `"'tL° 7W fl18ED ItPON STATE PLANE GRID BEAR87G6 tTi011 7HE n E. ' o ~ ~ a c OF1K1 COOfmPN7E STSIEM. SOUfH ZONE, NAD 83 RAOER ' Pn (ef~ te6 t w c 383 v 0 (88), AS MEASURkD USWG GAS. MED70D.S THROUGH t 7191 i THE WT/9110.d COUNTY S StA710tL5 'FlUNIC wi^~~eierc44o S' 72 . 1lMNK 172'. 'EGGS 5678'. AND 'FT:GS 3634'. 44~YNAL 4v! ~ I Io%S o eyiflere4 Sancta) pt91 Oote EXHIBR B P .~ \ ... ~ \ i y~~dG 'P ~~~ ~'.i O~'q v~ ~ \~_ \. emu) A/~2 rTe 7 iR VI g ~" -'- _ 4 ~~ ~~ T'KP ~-1- , E J%R ~E~ '