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Ordinance 027-16RECORD OF ORDINANCES 27 -16 P ... ,.rd AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY SETTLEMENT AND CONVEYANCE DOCUMENTS TO ACQUIRE A 0.206 ACRE, MORE OR LESS, FEE SIMPLE INTEREST; A 0.122 ACRE, MORE OR LESS, PERMANENT EASEMENT; A 0.099 ACRE, MORE OR LESS, PERMANENT EASEMENT; AND A 0.101 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM PEWAMO, LTD., FOR THE PROPERTY LOCATED ALONG STATE ROUTE 161 FOR THE CONSTRUCTION AND EXTENSION OF INDUSTRIAL PARKWAY FOR THE ACADEMIC DRIVE PHASE 1 PROJECT. 20 WHEREAS, the City of Dublin (the "City") constructed roadway improvements to extend Industrial Parkway to the south, for the Academic Drive Phase 1 project (the "Project'); and WHEREAS, the Property is currently owned by Duroc Trust, which is the successor in interest of Pewamo, Ltd. (the "Property Owner'; and WHEREAS, the City initiated a quick -take eminent domain proceeding against Pewamo, Ltd. by filing a Petition for Appropriation In Franklin County captioned 0yof Dublin v. Pewamo, Ltd., et al., Case No. 14 CV 009697, to obtain Immediate possession of the property to construct the Project; and WHEREAS, the City and the Property Owner engaged in mediation to resolve their disagreement in compensation due to the Property Owner; and WHEREAS, after engaging in amicable discussions and mediation, the City has come to an agreement with the Property Owner to acquire the property interests; and WHEREAS, the City desires to execute the necessary settlement agreement and conveyance documents to complete the transaction. NOW,, T�EFORE, 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 Settlement Agreement, a copy of which Is attached hereto and Incorporated herein as Exhibit "B;' and all necessary conveyance documents to acquire the 0.206 -acre fee simple interest; the 0.122 -acre permanent easement; the 0.099 -acre permanent easement; and the 0.101 -acre temporary easement as described and depicted in the Exhibits labeled "A," all attached hereto. Section 2. This Council further hereby authorizes and directs the City Manager, the Director of Law, the Director of Finance, the Clerk of Council, or other appropriate officers of the City to prepare and sign all agreements and instruments and to take any other actions as may be appropriate to implement this Ordinance. Section 3. This Ordinance shall take effect In accordance with 4.04(b) of the Dublin Revised Charter. .5�. Pas ed this ay o S��y 2016. Ma t or— lVesiding Officer ATTEST: Clerk of Council Office of the City Manager /�� � S2gq Emerald Parkway � Qublin, OH 43017 -109q DublIII Phone, 614 - 410 -4480 a Fax: 614- 410 -4490 Members of Dublin City Council ✓' Fr m: Dana ana L, McDaniel, City Manavro% Dates August 4, 2016 Initiated Bye Jennifer D, Readier, Law Director Philip K. Hartmann, Assistant Law Director Rey ORDINANCE 27 -16 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TQ EXECUTE NECESSARY SETTLEMENT AND CONUEYANCE DOCUMENTS TO ACQUIRE A 0.206 ACRE, MORE OR LESS, FEE SIMPLE INTEREST; A 0.122 ACRE, MARE OR LESS, PERMANENT EASEMENT; A 0099 ACRE, MORE OR LESS, PERMANENT EASEMENT; AND A 0101 ACRE, MARE QR LESS, TEMPORARY EASEMENT FROM PEWAMQ, LTD,, FOR THE PROPERTY LOCATED ALONG STATE ROUTE 161 FOR THE CQNSTRUCTION AND EXTENSION OF INDUSTRIAL PARKWAY FOR THE ACADEMIC DRIVE PHASE 1 PROJECT, BACKGROUND The City of Dublin (the "City's constructed a roadway, extending Industrial Parkway to the south from the roundabout at Industrial Parkway and State Route 161, for the Academic Drive Phase 1 project (the "Project' The City initiated aquick -take eminent domain action against Pewama, LTD, (predecessor in interest of Durac Trust, the current owner) (the "Property Owner ") to obtain immediate access and possession of the property for construction of the Project, The City tank possession of a fee simple interest, two permanent easements, and one temporary easement in order to construct the roadway, This property is located south of the Industrial Parkway�SR 161 roundabout, The northern portion of the property is located in Union County, identified as Union County Parcel No 16- 0001001.0000. The City desires one fee simple interest, one permanent easement, and one temporary easement from this parcel, The southern portion of the property is located in Franklin County, identified as Franklin County Parcei No 274- x00010, The City desires one permanent easement from this parcel Aeriai photos depicting the property interests taken as well as the newiy- constructed roadway are attached to this memorandum. The City has reached an amicabie agreement with the Properly Owner to purchase the property interests for an amount above the City's appraised value of $59,875, The City obtained an appraisal of the property interests from professional real estate appraiser Robert J. Weiler, MAI, CRE, Pursuant to Mr, Weiler "s appraisal report, the properly interests were valued at $59,875, This was based an a land valuation of $200,OOO�acre for the property interests iocated in Union County and a land valuation of $90,OOx�acre for the permanent easement located in Franklin County The Property Owner also obtained an appraisal report from Debi Wilcox, MAI, CCIM Ms. Wilcox valued the compensation due to the Property Owner for the property interests taken to be Ord. 27 -16 — Pewamo, Ltd, Settlement August 4, 2016 Page2of2 $1,559,895. This was based an a land valuation of $350,000/acre for the fee simple interest and two permanent easements; $325,000/acre for the temporary easement; and an assessment of residual damage to the property valued at $1,428,337. After the mediation, the City came to an amicable agreement with the Property owner to pay $227,000 to settle the dispute of compensation. The parties also agreed to provide the Property Owner with afull- movement access point to the residual property at a mutually agreeable position when the remainder of the property is developed. ACQUISITION Under this recommended settlement arrangement, the City will be acquiring only the necessary property interests. RECOMMENDATION Staff recommends approval of Ordinance No. 27 -16 at the second reading�public hearing on August 22, 2p16. EXHIBIT A vcr, I)a►c; b(a�2s12ot4 PAltcrra AD A[,L rtrGHT, TrTL>+; AND NNTERf:ST rN FF:E SrMPLr+; rN TM Far,r,owrNa DF;SCrtrMrUD raarrtJKTY WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS nag� I aft Gramorl(ltiilter, Far himself and ilia heirs, ezeculors, adutinislratars, successors and assigns, reserves all existing rights of ingress and egress to and fiom any residual arcs (as used herein, the expression "Grantar/Owner " includes II ►e plural, and words in the masculine include the Ceminipe ar Healer), Sltnated Ilt file State of Ohio, Counq of Union, Clty of CJUbIIn, `l "ownship of Washington (of 11r8111(lin County), Virginia Military Survey Number 674$, being a out of a 4,563 aue Iraq in fife Itante of Pewamo, I.ld., a Limited Liabifily ContpaHy (the grantor), as rccarded in Official Retard 579, rage 721, all references being to those of retard in the Recorder's Office, Union County, Ohio, and being mare particular described as foliotivs. Commencing, far reference, al a ►•ailroad spike (found) where the centerline of Eiterntan Road intersects the Franklin/Union County Line; Thence, leavitrg snid centerline along the Franklin/Union Couttry Line, Noah 88 degrees 04 minutes S$ seconds West, a distance of 160691 feel to a pahtl on the grantor's easterly properly line, said paint being on the westerly line of a 04,004 acre Iract in the name of Ohio University, an Inslnuuenlalicy of dte Stale of Ohio, as recorded in Official Retard 4737 Page 13; 'Thence, along said properly Line, North 04 degrees 37 minutes SO seconds Wesl, a distance of 94,25 feel, la an iron pin (set), and lteing The Point of Beginning of the parcel herein described; 'TheHCC, leaving said (trope ►ty line, thrnuglt the grantor's tract, northwesterly, an arc distance of 1GS.44 feet, along the arc of a curve defiectttg to the left, having a central angle of 26 degrees 20 minutes 18 seconds, a radius of 360,00 feel, and a chord that bears Nnrlh I7 degrees 47 minutes S9 scconcls Wcsl, a distance of 164,04 feel to an iron pin (set); Thence, continuing through the grantor's tract, CJarth 30 degrees S$ minutes 08 seconds Wesl, a distance of 110,85 feet to an iron pin (set) on the southerly existing right of way line of Stale Route I61, and the southerly lint of a 2.465 acre Irael in the name of the City of i3ublin, as rccarded in Official Record 872, Page 66; 'I "hencC, along said right of rvay line, North 72 degrees 02 minutes S6 seconds C�,ast, a distance of $8,95 feel la a ntagnail (set) on the grantor's easterly properly line and the westerly propery line of said Ohio University tract; Thence, along said properly line, South 04 degrees 37 minr ►lea 50 seconds Casl, a dislmtee oC 279.56 feel to The Pniirf of Beginning and captaining 0206 acres, more or less, I't "gc2of2 'fhe bearings in the above descriilinn arc based an grid north, on the stale lal�u ►e caardinale syslem, NAf)83, COItS96, dhia Saulh Zane, established by using tht: Qhio l)eparlment of 'l'ransparlaliatt's Victual Reference System (VRS) of a global pnsilinnh►g system (CPS) survey. All iratt pmts set are SIB" x30" rebar, capped tivith a yellow id stamped " Mullaney P,S, X900 ", All references being la those of record in the Recorder's Orrice, Union Comity, Oltio, Subject la any and all easements, rights of way, conditions and restrictions of rcoord, all legal highways, roping ordinances, rules and regulaliatts, This description was prelaared based nn an acluai field survey by GPI) Group dba Claus, Pyle, Scltnmer, Auras, & Uellavett, Inc. perfarin�d tinder the direct supervision of Steven I.,, Mullaney, Clegislercd Surveyor tt7900, ilt March, 201. G,�h�'SI�N rQ i., "t hr1Ul.LANEY 4r � 1000 June 2S, 2014 ( ?;1201�1zfIIdDRS�UI Acadcutic privc � I'hflsc I1R(IIL�lcgalslDl•1Vll,dnc� GPD Group Claus, Pylc, 5chomcr, Durus, & DcNaven, lnc� Glans, Pyle, Scltnmer, Auras, & DelCaven, Inc, dba CPC) Group S eve G, ullaney, P,S� Professional Surveyor Na. 7900 1801 Watcr�uark grIVC, Suite 1SQ Coh"n,bus, 13hin 43215 f'Ironc; 614.21Q -0 ?51 /Pax. 614- 21Q•Q7S2 i�('i'i;�'IUI'�I Sl��tiif' ��;�����ul 1��;�,ruuud ..�.��.,,.�.,..� i�iu�l f lui�� Rr�a _�...��..�._�.� Cl�,r,ur� � �" II,'ll�ll. �'Datla � ,��� ��� Nre�a�f�rpv�l of desrripllr.�n cio�s f ►Rt include the i�'lanning Cammissian lul s�l�l ��Wraval, �ani�ty, I�Ieallh 1.leparfm�nt, ar ariy +�Iher �a�farr�v��ls �1r�edPd fc'�r l��r�sfer A a�whw,sd�a�w, 9urcutodpvrti tnc Isal wax��sane,sau� Iw t�rmbw,oJS�1Jls bH,116,PJSl fl "bI1,JIb,pJtS Sdnma,bufalDdlha, Nc mu cITY of DuauN 16- 00010Q1,10Q4 2,965 ACRES O.R, 872, PG, 66 ExMl�lr s aCap�MIC pRIVE PHa�E 1 WASHINGTON TOWNSHIP (Of FRANKLIN COUNTY), V,M,5, 6148, CITY OF DU8L1N, UNION COU, OHIO a.ZoO pcRts PEwAMO, LTD,, A LIMITED LIABILITY COMPANY 16- COO1001,OD00 4,563 ACRES O.R, 579, PG, 127 Ci 18" LT. R � 360,80' L = 165,49' Ch Brg = N 17'47'59" W Ch = 164,04' FEMA fLOQO ZONE "X'• MAP �39049C PANEL g131K JUNE 1 ], 2008 NIT PEWAMO, lip,, A UNITED UABILRY COMPANY W gliY QF DUBLIN, OHIO, AN OHIO MUNfCiPAL CORPORATION (67-WO) 39�OOg1014,gfl30 0,6Q9 ACRES O.R. 169, PG, 699 w .r� �.N�ON COUNTY FRANKLIN COUNrY�` -�"" rq STEVEN Q L \ fi roOD 4 MULLANEY, P.S;17�00 DATE © RAILROAD SPIKE FOUND I�t,v,s, 6�8" REBAR W1TH CAP STAMPED "MUILAWEY P,S, 790D" 1ru,N,s, MAGNNL SEi OHIO UNIVERSITY, AN INSTRUMENTAU1Y OF THE STATE OF OHIO 39-0001003.0000 000 14,004 ACRES O.R, 973, PG, 13 N 88'84'68" W 1606,91�� � ` ---�• Sbaib, l � 34 THE 9EARINGS FOR THIS SURVEY ARE BASED ON GR10 NORTH, A4 THE STATE PLANE COORO1NAiE SYSTEM, NAD83, CORS96, OHIO SOUIN ZONE, ESTABIISHEO BY US(NG THE O,D,O,T, VIRTl1Af. REf�RENCE SYSTEM (VRS) DF R GLOBAL POSITfONING SYSTEM (GPS) SURVEY, Vcr, Hale; O(t12112�14 1'A,RCLG a•P1 DCSC�tIPTIUN OF A �'CRMAN�NT CAS�MCN')' I'agc 101 2 GranlorlOwner, far himself and his heirs, executors, administrators, successers and assibns, reserves all existing rights of ingress and egress to and from any residual area (as used herein, the expression "GranlorlOwnel °„ includes the plural, and words in the masculute include the feminioa or neuicr)• FOR UTILITIES, DRADRAINAGE AND GRADING Situated in the Slate of Ohio, Caunly of Union, City of Dublin, Township of Washington (af Franklin County }, Virginia Military Survey Number 6748, being a palfi of a 4,563 acre Iraet ill Ihe name of 1'ewa11107 Ltd., a Limited liability Company (the grantor), as recorded in Official Reeard 519, Page 721, all l•eferences being la those of record in lire Recorder's Office, Union Caunly, Ohio, ones being more Particular described as follows; Commencing, for reference, at a railroad spike (found) where (lie centerline of Cilerman Road intersects the Franklin/Union County fine; Thence, leaving said centerline along the Franklin/Union Caunly fine, hJollh 88 degrees 04 ntinules 58 ands West, a distance of 1606.91 feet to a paint an the grantor's easterly properly line, said point being alt the westerly line of a 14,004 acre tract in dte name of Ohia lJniversily, an Instrumentality of lheStale of Ohio, as recorded in Official Record 913, Page 13, and being The point of beginning of the easement herein described: Thence, continuing alartg the PrauklinlUnian County Line, Noltll 88 degrees 04 mimlles 58 secands Wcsl, a distance of 10,01 feel to a point; Thence, leaving dte PranklinlUnian County Line, through the grartor's tract, Car the f'allawing five (S) calls, 1. Narlh 04 degrees 31 minutes S0 seconds Wesl, a distance of 93,1 feel, la a point; 2, Northwesterly, an arc distance of 160.89 feel, along Ihe arc of a curve deflecting to the left, having a cenh•al angle of 26 degrees 20 minutes 18 secands, a radius of 350,00 feel, and a chord Thal bears North 17 degrees q7 minutes S9 seconds �lrest, a distance of 159,48 feet, to a point, 3, Nortlt 30 degrees 58 minuses b8 seconds West, a distance of 86,59 feel, to a point; 4, South 72 degrees 02 minutes 56 secands Wesl, a distance of`77,10 feel, la a point; S. North 24 degrees 19 mimlles 21 seconds Lasl, a distance of 35,00 feet, to the southerly existing right of �vay of Stale Roulc 161, and the sautlterly properly line of a 2.965 acre tract in the name of the Cily of �ublilt, as recorded in Official Record 812, Page 66; Thettee, along said right of luny line, Nallh 72 degrees 02 minutes 56 secands fall, a distance of 57.84 feet to a point; Thence, leaving said right al• way line, through the grantor's tract, Saulh 30 degrees S8 mimlles 08 seconds East, a distance of 1 10,85 feet, to a poirrl; Thence, canlinuutg fhraugh (l ►e gramor's tract, southeasterly, an are distance of I65,49 feel, along the arc aFa curve deflecting in the right, I ►aving a centre! angle C11 degrees 20 minutes I8 seconds, a radius of 360,00 feel, and a chard (trot hears Soull ►17 degrees 47 minutes 59 seconds Easi, for a distance of 164,04 feet, to a point oil the granter's easterly properly line and the westerly property line of a 14.004 acre tract in the name of Ohio Unive►sily, an (nslrumentalily afthe Stale of OI ►ie, as recartled in Official Record 973,1'age I3; Thence, along said property line, Sauih 04 degrees 37 miuules SO secancls East, a distance of 94,25 feel la The Paul of Beginning and containing 0,122 acres, more or less. The bearings in the above description are basal on grid north, an the slate plane coordin ► ►te system, NAD83, CQRS9G, Qhia South lane, established by S) of a global positioniusing the Oiria Depailurent of Transpartatiat►'s Vir1ua) Reference System (VRng system (CPS) survey. All references being to those of record in the Recorder's Union County, Qlua, Subject to any and all easements, rights of way, eandilions and restrictions of record, all legal highways, caning ordinances, rules and regulations. Tlris description was prepared based an an actual (weld survey by GPl7 Group dba Glat►s, Pyle, Schemer, Burns, &DeHaven, hrc perFarnred under the rlirecl supervision aC Steve(► L, Mullaney, Registered Surveyor N7900, in March, 2014, STEVEN �Q L MULIANE`C r�J�d June 21, 2014 fl �dtll�IdQi�(INSr(ii Academic give • 1'Itpse nIiU11'Ucgnlsi411•I'I,dacz Claus, Kyle, Scl►amer, Burns, &DeHaven, Inc. dba 0I19 Group , r � L. �Iullanev, l'.S, •� Office, Prafessinnal Surveyor 1Vn, 7r100 GPD Gtoula 98D1 Watermark Drive, Suite 950 Claus, Pyle, Schomer, 13nrns, & Cotumbua, Qhio 43295 DeHaven, I�rc Phone; 694.290.8751 /fax: fi14.290.0752 GPUGROUP� aW, MtiSsfiaav, BumiAl4Hrvm, Ins 1801 walmnnrk nsvr, S�tc ISO Ldumbus, nH g3.1S 614,710.0791 Fax 6:4,210,0715 a a k 701 CITY CF DUBLIN (64-WD) 16-0001001.1000 2,965 ACRES 9. 872, PG, 66 EXHIBIT6 PARCEL I•P�, ACADEMIC DRIVE PHASE 1 WASHINGTON 10WNSHIP (OF FRANKLIN COUNiY), V,M,S, 6148, CITr OF DUBNN, UNION COUNiY, OHIO PEWAMO, LTD,, A LIMITED LIABIUTY COMPANY 16- 00010010000 4.563 ACRES O.R, 579, PG, ]27 Ci R � 35D,00' Ch Brg = N 17'47'59° W Ch FEMA FLODp 20NE "X" MAP �39049C PANEL 0131 K JUNE 17, 200$ �n .+Gi in UNION COUNTY � FRANKLIN COUNTY��` STEVEN L. MULLANEY, P.S. 7900 � RAILROAD SPIKE FOUND N $8'0458° W 10.07' PEWAMO, LTD„ A LIMITEp IIABILiTY COMPANY 274 -OOD01 q -00 54.247 ACRES INST. 2004101202360] 1 DATE f�1 PEWAMO, LTD„ A LIMITED LIABILITY COMPANY i 6- OD010010,000 4,563 ACRES INST, 120D410120236071 CITY OF DUBLIN, OHIO, AN OHIO MUNICIPAL CORPORATION V) 0030 39- 0001014,0030 0,609 ACRES G. 599 ONTO UNNERSIIY, AN INSTRUMENTALITY OF THE STATE OF OHIO 39- 0001003,0000 14.004 ACRES O.R, 973, PG, 13 C2 6 = 26'20'18" RT. R = 360,00" L = 16549' Ch Brg = S 11'41'59" E Ch ; 164.04' OHIO UNNERSiTY, AN � INSTRUMENTALITY OE THE STATE OF DHIO 213 - 011342 -00 32,112 ACRES iNST, 201207030095114 Mlllw��� �Cele; I � 30 THE BEARINGS FOR THIS SURVEY ARE BASED ON GRID NORTH, ON THE STATE PLANE COORDINATE SYSTEM, NAD$3, CORS9fi, OHIO SOUTH ZONE, ES1ABlISHEp BY USING THE O,D.O.T. VIRTUAL REFERENCE SYSTEM (VRS) OF A GIOBAI POSITIONING SYSTEM (GPS) SURVEY, 0,22 ACRES PEWAMO, LTD,, A LIMITED LIABIUTY COMPANY 16- 00010010000 4.563 ACRES O.R, 579, PG, ]27 Ci R � 35D,00' Ch Brg = N 17'47'59° W Ch FEMA FLODp 20NE "X" MAP �39049C PANEL 0131 K JUNE 17, 200$ �n .+Gi in UNION COUNTY � FRANKLIN COUNTY��` STEVEN L. MULLANEY, P.S. 7900 � RAILROAD SPIKE FOUND N $8'0458° W 10.07' PEWAMO, LTD„ A LIMITEp IIABILiTY COMPANY 274 -OOD01 q -00 54.247 ACRES INST. 2004101202360] 1 DATE f�1 PEWAMO, LTD„ A LIMITED LIABILITY COMPANY i 6- OD010010,000 4,563 ACRES INST, 120D410120236071 CITY OF DUBLIN, OHIO, AN OHIO MUNICIPAL CORPORATION V) 0030 39- 0001014,0030 0,609 ACRES G. 599 ONTO UNNERSIIY, AN INSTRUMENTALITY OF THE STATE OF OHIO 39- 0001003,0000 14.004 ACRES O.R, 973, PG, 13 C2 6 = 26'20'18" RT. R = 360,00" L = 16549' Ch Brg = S 11'41'59" E Ch ; 164.04' OHIO UNNERSiTY, AN � INSTRUMENTALITY OE THE STATE OF DHIO 213 - 011342 -00 32,112 ACRES iNST, 201207030095114 Mlllw��� �Cele; I � 30 THE BEARINGS FOR THIS SURVEY ARE BASED ON GRID NORTH, ON THE STATE PLANE COORDINATE SYSTEM, NAD$3, CORS9fi, OHIO SOUTH ZONE, ES1ABlISHEp BY USING THE O,D.O.T. VIRTUAL REFERENCE SYSTEM (VRS) OF A GIOBAI POSITIONING SYSTEM (GPS) SURVEY, Vcr, llulc. 06103f2014 PARCEI, I•I'� ncsc���Traiv o� A ��i�m�NCNT �AS�I�rNT ngc of P I 2 GranlarlQwner, for Irunselfand his heirs, execulms, administrators, successors and assigns, reserves all existing rights of ingress and egress to and from any residual area (as used herein, the expression "CraniorlQwner "includes the plural, and words in Inc masculine include the feminine or neuter), FOR U'fILITICS, DRAINAGE AND GRADING Sllualed in the dale afOhia, County of Franklin, Ciiy of f)ublur, Virginia Military Survey Nurnber 674$, being a part of a 54.247 acre Iraq in the name of pcwanto, Ltd,, a Limited Liability Company ((he grantor), as recardecl in Instrument Number 200410120236071, aIireferences being to those pf record irr the Recorder's Office, Franklin County, Ohio, and being more particular described as follows; Cnrmnencing, far reference, al a railroad spike (fauud� where kkte centerline of Min nnan Raad intersects Ole F rank linlUnion County Line; Thence, leaving said centerline along the Franklin/Union Connry I.,ure, North 88 degrees 44 minutes S$ seconds West, a distance of 160691 feet to a pnuri nit the grantor's easterly properly line, said paint being on the westerly line of a 32, l72 acre tract in the name of Ohio Universq, an Insirurnentalily of lheState of Ohio, as recorded in Instrument Number 201207030095 114, and being The Not of Beginning of the easement herein described; I'lrence, icavirag the i�ranklinlUniarr County Lino along said property line, South 44 degrees 37 minutes SO seconds Fasl, a distance of Q83,83 feel to a point; 'I "hence, leaving said properly Ihre, duough the grantor's Iraat, northwesterly, an are distance of IS$,85 feet, along the arc of a curve deflecting la the right, having a central angle of 07 degrees 13 minutes 24 seconds, a radius of 126Q.40 feel, and a chard that bears Narlh 0$ degrees 1 Q minutes 32 secnnds Well, a distance of IS8.7S feet to a point; Thence, continuing through the grantor`s tract, North 04 degrees 37 minutes SO seconds West, a distance of 326,SS feel, to a pain) ort the FrankiinlUniorl County Line; Thence, along the I�sanklhrlLhrian County Kure, South $8 degrees 04 minutes S$ seconds toast, a dislatrce of 14,07 feel to The Pain! of Beginning and cnntaining 0,099 acres, mare or less, The Uearings in the abnve descriptirnt are hosed the hearing Uetween Franklin Gounry Monuments "WFi34" & "FRANK72" Ueing South 84 degrees 36 minutes S2 seconds Fast, as measured an the state plane coordinate system, NAD$3, COR596, Ohio South Zone, eslaUlished by using the Ohio DeparUnenl of 1 "ransportalion's Virtaal Reference System (VRS) ofa global positioning system (GFS) survey, I'agc I ��I'2 Ohio, Subject to any altd all easements, rights of way, condilinns and restrictions of record, all legal highways, coning ordinances, rules and reguCalians, All references being to those of record in the Recorder's Office, Franklin County, 'C'his description was prepared based on an actual field survey by GAD Group OR Claus,l'yfe, Schomer, Darns, & Del�aven, lno• performed'under the direct supervisiaa of Steven f�, Mullaney, ftegislered Surveyor �19DU, in March, 2614, 1. ,� h�1ULIAN�Y �r 7i�0 (),12ai412U14UN51Ul �icntECmic plirc • ('imsc IIItQN'llc�rdslUl •P2 dn�x Giaus, Pyle, Schomer, Darns, & DeHaven, Inc, dba GAD Grauu surveyor Ivo, iyuu Gp1) Group 1801 Watctrnark Dtivc, Suite 150 Gluuc, I'ylc, Schnrncr, 1lurns, & Calurrrhus, Ohin 43215 Dcliavcrr, Inc• 1�II�I1C; 6t4.210 -0751 / Fos, (14.210.0752 U PEWAMO, LTD„ A LIMfTEO LIABILITY ANY 16�4001g011 000q 4,563 ACRES O.R. 519, PG. 727 PARCEL 1•P2 ACADEMIC DRIVE PHASE 1 U,MS, 6148, CRY OF DUBLIN, FRANKLIN COUNTY, OHIO S 88'04 °58" E 10,07' UNION COUNTY FRANKLIN COUNIY� 0 PEWAMO, LTD,, A LIM ►TED LIABILITY COMPANY 214- QOpglO�pq 54,247 ACRES INST, 24p410120236011 0.099 ACRES /G� 51`EVEN O L. ,� 1dUl.1AN�Y r L ULLANEY, P,S. 7 0 DATE A RAILROAD SPIKE FOUND A ,,, A MCA: iaai w"iN�� am, s.� isG CdumGu,OHl9ils OHIO UNIVERSITY , AN esia�o,ani Farbi�,asa.pns u,a�y�cw",�,r�nm",e,�u►a "�,�►ou INSTRUMENTALITY OF THE STATE OF OHIO 39- 0001003,0000 \ 14,004 ACRES �y O.R. 973, PG, 13 p lot, W 16g6.81��� P,03. OHIO UNIVERSITY, AN INSTRUMENTALITY OF THE 1 STATE OF OHIO 273 - 011342 -00 32.172 ACRES INST. 201207030095114 � w IwP2 PEWAMO, A LIMIiEO LIABILITY COMPANY I C1 b � 01'13'24" RT, R = 1260,00' L = 108,85' Gh Brg = N 08'14'32" W Ch = 158,75' THE BEARINGS FOR THIS SURVEY ARE BASED ON THE BEARING BETWEEN FRANKLIN COUNTY MONUMENTS "WE130" do "FRANK72" BEINGS 84'36'52" E, AS MEASURED GN THE STATE PLANE COORDINATE SYSTEM, NAD83, CORS96, OHIO SOUTH 70NE, EST�LISHED BY USING THE O.p.O,T, VIRTUAL REFERENCE SYSTEM..(VRSj OF A GLOBAL POSfiIONiNG SYSTEM..(GPS� SURVEY,______ Ver. Date; 011031Z01b EX�HIBrT A PARCEi, ! -T DESCRIPTION OF A TEMPORARY EASEMENT FOR CONSTRICTION AND GRADING Page I of Z GrantarlOvmer, for himself and his heirs, executers, administrators, successors And assigns, reserves all existing rights of ingress and egress to and many residual area (as used herein, khe expression Grantor/owner, intludes the plural, and wards in the masculine include the feminine or neuter), Situated in the State of Ohio, County of Union, City of Dublin, Township of Washington (of Franklin County), Virginia Military Survey Number 6748, being a part of a 4.563 acre track in the name of Pewama, Ltd,, a Limited Liability Campatty (the grantor), as retarded in Ofticia(Record 579, Page 721, all references being to these of record In the Recorder's Office, Union County, Ohio, and bring mere particular described as follows; Commencing, for reference, at a railroad spike (found) where the centerline of Eiterman Road intersects the Franklin/Union County Line; Thence, leaving said Centerline along the PranklinNnion County Line, North 88 degrees 04 minutes 58 seconds West, a distance of 1616.98 feet to a point; Thence, leaving the Franklin/Union County Line, North 04 degrees 37 minutes SO seconds West, a distance of 93,10 feet to The Point of Beginning of the easement herein described; Thence, Nark 2S degrees S4 minutes 29 sends West, a distance of 246,21 feet, to a point, Thence, North 72 degrees 02 minutes S6 seconds Easi, a distance of 1 5.00 feet, to a point; Thence, South 30 degrees S8 minutes 08 seconds East, a distance of 86.59 feet, to a paint; 3�ence, southeasterly, an arc distance of 160,89 feet, along the arc of a curve deflecting to the right, having a central angle of 26 degrees 20 minutes 18 seconds, a radius of 350.00 feek and a chord that bears South 17 degrees 47 minutes S9 seconds East, a distance of 159,48 feet, to The Point of Beginning and containing 0,101 acres, mare ar less, The bearings in the above description are based on grid north, on the state plane coordinate system, NAD83, CORS96, Ohio South Zone, established by using the Ohio Department pf Transparkation's Virh�al Reference System ('VItS) of a global positioning system (Gl'S) survey, All references being to those of record in the Recorder's Office, Union County, Ohio, Subject ko any and all Casements, rights of way, condikians and restrictions of retard, all legal highways, zoning ordinances, rules and regulations. Page 2 oil This description was prepared based an an actual fi eld survey by GPD Group dba Claus, Pyle, Schomer, Burns, & 1)eNaven, Inc. performed under the direct supervision of Steven L. Mullaney, Registered Surveyor #"1900, in March, 2014, MULlANE1P 7940 July 3, 2414 0,12g1412g1406�1q1 Academic Drive Phase IIROWIIogala401•T,docK Glans, Pyle, Schomer, Burns, & Dellaven, Ina. I,. Mullaney, P,S, Tonal Surveyor Na. 7900 GPD Group 1801 C�atermark Drive, Suite 150 Claus, Pyle, Schamcr, 8urne, & Calunsbus, Ohio 43215 DeHaven, Inc. Phone: b14�210 -0751 /Pax, b14.210w0752 J 4I'n GDf)Hfr � hM, fdgmM, Nrn A PMltdy Gk, ta,oe�asls 61q,xld.tl151 f0614,210,071S twaUhC � Ni sen"r,1w"1 Drurm, Il mU coY of DUBUN (64 -wo) 16- 00010 otlooa 2,965 ACRES O,R, 872, PG, 66 N 12oa'S6" 1: 15,80' PROP, PERM, EASEMENT EXHIBIT B PARCEE 1 -T ACADEMIC DRIVE PHASE 1 0,101 ACRES a � PEWAMO, lip,, A UMITEO URBIUiY COMPANY 116-0001001,0000 oaqo 4,563 ACRES O.R. 579, PG, 721 F� C1 R = 350,aq' L = 160,89' Ch Bra = S 11'47'59" E Ch = 159,48' 1 t FEMA FLOOD ZONE "K" PROP, PERM, -�''� MAP �39049C EASEMENT � I PANEL 0131K d]°al JUNE 17, 2008 o �1 rl �UN, ►ON COUNTY �I FRANKLIN COUNTy�""`"-'` GO STEV< =N O 1, 7Q00 0 PEWAMO, LTD., UMREp LIABILITY COMPANY 274 - 000010 -00 54,241 ACRES INST, 200410100236011 1 J , Q RAILROAD SPIKE FOUNp CRY OF DUBUN, ONTO, AN OHIO MUNICIpAI CORPQRA110N (s1 —wD) 39- 0001014.0030 O,6D9 ACRES O,R,169, PG, 599 OHIO UNNERSfII", AN INSiRUMENTAUPf of THE STATE OF OHIO 39- 0001003,0000 14,004 ACRES O,R� 913, PG, 13 OHIO UNNERSITY, AN � INSTRUMENTAIJTY OF TWE SiArE of aHlo 213.. 011342 -OD 30,172 ACRES INSi, 201201030095114 Soak; 1 ■ � THE BEARINGS FQR THIS SURVEY ARE BASEO ON GRID NaRTH, ON THE STAi1: PLANE COORDINATE SYSTEM, NAD83, GQRS96, DHIO SOUTH ZONE, ESiRBUSHED BY USING THE OAA,T, NRTUAI REFERENCE SYSTEM (VRS) OF A GLOBAL POSNIONING SYSTEM (GPS) SURVEY, WASHINGTON TOWNSHIP (OF FltANHUN COUN11'), V,M,S, 6748, CRY OF DUBUN, Q UNION COUNTY, OHIO PEWAMO, LTD„ A UMlTEO UABIUIY COMPANY F� C1 R = 350,aq' L = 160,89' Ch Bra = S 11'47'59" E Ch = 159,48' 1 t FEMA FLOOD ZONE "K" PROP, PERM, -�''� MAP �39049C EASEMENT � I PANEL 0131K d]°al JUNE 17, 2008 o �1 rl �UN, ►ON COUNTY �I FRANKLIN COUNTy�""`"-'` GO STEV< =N O 1, 7Q00 0 PEWAMO, LTD., UMREp LIABILITY COMPANY 274 - 000010 -00 54,241 ACRES INST, 200410100236011 1 J , Q RAILROAD SPIKE FOUNp CRY OF DUBUN, ONTO, AN OHIO MUNICIpAI CORPQRA110N (s1 —wD) 39- 0001014.0030 O,6D9 ACRES O,R,169, PG, 599 OHIO UNNERSfII", AN INSiRUMENTAUPf of THE STATE OF OHIO 39- 0001003,0000 14,004 ACRES O,R� 913, PG, 13 OHIO UNNERSITY, AN � INSTRUMENTAIJTY OF TWE SiArE of aHlo 213.. 011342 -OD 30,172 ACRES INSi, 201201030095114 Soak; 1 ■ � THE BEARINGS FQR THIS SURVEY ARE BASEO ON GRID NaRTH, ON THE STAi1: PLANE COORDINATE SYSTEM, NAD83, GQRS96, DHIO SOUTH ZONE, ESiRBUSHED BY USING THE OAA,T, NRTUAI REFERENCE SYSTEM (VRS) OF A GLOBAL POSNIONING SYSTEM (GPS) SURVEY, LEGEND \I PROPOSED RIGHT-OF-WAY �1 I-WD: 0,206 Ac, ! r l,I 10 ih PROPOSED P I +� ,Ity� 1 0,122 11 k 1 0,099 TOTAL 0,221 1 411 'li rr w Sri " °, RI, 1 ' � I III 1.J j1 AN4 I I. N1 J$ a r IV pyK i 11 I r r '1 r �, IF •'yll rl�'I� '4. � 1 i4 W iy ' � WWWMyp 5 1 I 1, r'. , WNIMNWn. 1 ty 1 1 �xhibii B SETTLEMENT AGREEMENT AND RELEASE OP' ALL CLAIMS This Settlement Agreement and Release of All Claims ( "Agreement ") is entered into by and between the City of Dublin, Ohio, by and through its City Council ( "Dublin ") and Duroc Trust ( "Duroc ") (collectively, the "Parties "); WHEREAS, Dublin initiated an appropriation action against Duroc's predecessor in interest, Pewamo, Ltd, by ftling a Petition to Appropriate and Fix Compensation on September 19, 2014 (the "Petition ") captioned as Cit of Dublin v. Pewamo Ltd, et a1., Case No. 14 CV 009597, pending in the Court of Common Pleas for Franklin County, Ohio (the "Appropriation Action "); and WHEREAS, Dublin seeks to appropriate real property owned by Duroc (the "Property ") as legally described in Exhibit D to the Petition which is incorporated by reference asrf fully rewritten herein, fvr the purpose of constructing andlor maintaining Academic Drive Phase 1, a roadway open to the public free of charge (the "Project ");and WHEREAS, after Dablin's appropriation and Project! Duroc will own approximately 5$.604 acres of property adjacent to the newly constructed Academic Drive Phase 1 (the "Remainder Property "); and WHEREAS, Dublin has placed on deposit with the Clerk of Courts the amount of Fifty Nine Thousand Eight Hundred Seventy Five Dollars and hero Cents ($59,875.00) (the "Deposit Amount ") for compensation to Duroc for the Properly and far damage tv the residue; and WHEREAS, Duroc disputes that the Deposit Amount is just compensation for the appropriation of the Property and for severance damages; and Page I of G WHEREAS, Dublin and Duroc have reached agreement as to monetary and non- monetary compensation to Duroc for appropriation of the Property and for severance damages and as to all other claims and defenses of the Parties that may or could have been raised in the Appropriation Action; and NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, Dublin and Duroc hereby agree as follows: 1. Dublin agrees to pay Durac the total sum of Two Hundred Twenty Seven Thousand Dollars and Zero Cents ($227,000,00) (the "Settlement Sum ")which shall consist of the Deposit Amount and an additional payment by Dublin to Durac of One Hundred Sixty Seven Thousand One Hundred and Twenty Five Dollars and Zero Cents ($167,125,00) which shall be paid an or before the time of fling of a Judgment Entry on Settlement in the Appropriation Action. 2, In addition to the Settlement Sum described above, Dublin agrees to provide Duroc a 36' wide full - movement access point (the "Agreed Access ") to and from Duroc's Remainder Property at a mutually agreeable point to be established when the Remainder Property is developed, provided however, that the location of the Agreed Access shall be placed at a point along Academic Drive Phase 1, between station 24.50,00 and station 22- X00,00 as depicted on the Right of Way Plans and Construction Drawings signed by the City of Dublin Engineer on or about 7l2S12014 and as shown in Exhibit A hereto The location, width and movement of the Agreed Access shall supersede any specification or requirement now existing or hereinafter imposed by Dublin with respect to access to the Remainder Property, provided however, that Dublin and Duroc may agree to additional access points to the Remainder Page 2 oi6 Property. Duroc shall not be required to pay any sums to Dublin for any increase in value to the Remainder Property for the Agreed Access. 3. In consideration of the foregoing, Duroc, for itself and its affiliates, subsidiaries, officers, directors, partners, members, owners, shareholders, employees, agents, representatives, parents, predecessors or successors, attorneys, assigns, heirs, executors, and administrators, and any other party who may claim under or through them, does hereby release and forever discharge, Dublin, its affiliates, subsidiaries, officers, directors, partners, members, owners, shareholders, employees, agents, representatives, parents, predecessors or successors, attorneys, assigns, heirs, executors, and administrators, from any and 0 claims, award, judgment, settlement amount, or any other monetary proceeds of any kind that may or could be obtained duough or es a result of the Appropriation Acton. 4. Upon approval of 1Ns Settlement Agreementthrough ordinance by Dublin City Council, Dublin and Duroc wit! submit an Agreed Judgmcet Entry on Settlement to the Cord vesting title in the Property to Dublin. S. Dublin and Duroc acknowledge that this Agreement represents the compromise of disputed contentions and claims between the Padies corsceming the Appropriation Action and shall not be construed as an admission of the truth or falsity of any contentions orclaims heretofore asserted. 6. This Agreement constitutes the enfre agreement between Dublin and Duroc with respect hereto. There are no other agreements, oral or written, express or implied, between the patties, except this Agreement with respect to the matters set fadh herein. 7. Dublin and Duroc represent and acknowledge that the terms of this instmment are contractual and not a mere recital. Page 3 of 6 8. This Agreement may be executed in separate identical counterparts, each of which shall constitute an original, and all of which shall constitute a single memorandum, It shall not be necessary, in making proof of this Agreement, to produce or account far mare than one such counterpart. 9, This Agreement may be amended or altered only by a written document signed by all parties hereto. 10, Na course of dealing among or between Dublin and Durac, no waiver by any or all of the parties hereto, and na reiusai ar neglect of any of the parties hereto, in exercising any rights hereunder or in enforcing compliance with the terms of this Agreement, shall constitute a waiver of any provision herein unless such power is expressed in writing by the waiving porky, 1 l . Dublin and Durac represent and warrant that they have been represented by counsel in all matters concenung this Agreement, and that they have been fully advised by their attorneys) of their rights and obligations in the execution hereof, and that, further, they have read and understood the provisions hereof Wl"IRRIJI~ORI�, Dublin and Duroc enter into this Settlement Agreement and Release of All Claims an the dates set forth below, Page 4 of 6 CITY OF DUBLIN, OHIO By; Date Its; STATE OF OHIO SS; COUNTY OF FRANKLIN ) Before me, a notary public, in and far said state, personally appeared the above -named and acknowledged that he is authorised to sign on behalf of City of Dublin, Ohio through Ordinance Na and he did sign the foregoing and that the same is his free act and deed. IN TESTIMgNY WHEREOF, I have hereunto subscribed my name and affixed nay official seal this day of , 2016. Notary Public Page S of b 6�3urcguL Date STATEOFONIO ) 59: COUNTY OFFRANKLM ) DUROC TRUST (n� %�� Its: Truaf. B¢f�ary public, in and for said smte, personally appeared the above"iutmed and acknowledged that Ihey �� authorized to sign on behalf of Duroc Tn�st fh¢y did sign the foregoing and that fhe same is Iheir liee act and deed. M TESTIMO Y R'HEREOF, I have hereunto subscribed my name and affixed my official seal iltis 7?�ay of Junc, 2016. Public Paee 6 of 6 DonaaS,SboR NoWryP�Nc,SlaadDSb AWCamaslmErPiias Nan'h18,�18 nr-- nay 3a [ � i Mrrr pg9@ g E , tUa rE e flif� f at ! gg i 4aak, I �9 j fokfp 1 SS E . a '4 F' 2p$aait i,aMa �R° urwM�......• Gf i•f idf iSf i 3 i a jd i Q 9 ACACEMIC CHIVE nq��4�r "E •�M 9 ���pV1dP G,i9irEE GEr 96 p 11`1 �•' S c+ 0 �J^s SCHEMATIC PUN `w � 19 A A d fiq pp cC 4CC G:GC GGC•L p� I� S E nr-- nay 3a [ � i Mrrr pg9@ g E , tUa rE e flif� f at ! gg i 4aak, I �9 j fokfp 1 SS E . a '4 F' 2p$aait i,aMa �R° urwM�......• Gf i•f idf iSf i 3 i a jd i Q 9 ACACEMIC CHIVE nq��4�r "E •�M 9 ���pV1dP G,i9irEE GEr 96 p 11`1 �•' S c+ 0 �J^s SCHEMATIC PUN `w � 19 A