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12-09 OrdinanceRECORD OF ORDINANCES Ordirzunce No. 12-09 Passed 20 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ACCESS EASEMENT AGREEMENT WITH SWICKARD ENTERPRISES, INC. GRANTING RIGHTS OF ACCESS TO SWICKARD AND THE CITY OF DUBLIN OVER CERTAIN PROPERTIES OWNED BY EACH OF THE PARTIES NEAR THE INTERSECTION OF AVERY ROAD AND WOERNER-TEMPLE ROAD WHEREAS, Swickard owns the property shown on Exhibit "A," attached hereto and hereby made a part hereof, as the "Swickard Property;" WHEREAS, the City owns the property adjacent to the Swickard Property, which is shown on Exhibit "A" as the "City Property;" and WHEREAS, the City constructed an access drive to Woerner-Temple Road on the City Property, which access drive encroaches on the Swickard Property; and WHEREAS, in exchange for an easement over that portion of the Swickard Property that is being encroached upon by the access drive, the City is granting Swickard an easement over a certain portion of the City Property for access to and use of the access drive; and WHEREAS, Council finds it is in best interest of the City to enter into the Access Easement Agreement. NOW, TH)F~REFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, (, of the elected members concurring that: Section 1. Council hereby authorizes the City Manager to execute the Agreement attached hereto as "Exhibit B." Section 2. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. Passed this _ day of , 2009. Mayor -Presiding Officer ATTEST: C,IT1' OF DUPLIN Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 TO: Members of the Dublin City Council FROM: Terry Foegler, City Manager LkW &>~T~ DATE: April 2, 2009 Memo INITIATED BY: Paul A. Hammersmith, P.E., Director ofEngineering/City Engineer Jean-Ellen M. Willis, P.E., Engineering Manager -Transportation RE: Ordinance 12-09 -Swickard Property Access and Dublin Community South Pool Driveway Summary At the March 16, 2009 meeting, City Council requested additional information regarding the proposed shared access between the Dublin Community Pool South and the retail development proposed for the Swickard property on the southwest corner of Avery Road and Woerner-Temple Road. Council raised concerns regarding potential pedestriai>/vehicular conflicts resulting from the shared access. Staff remains of the opinion that no additional access points along Woerner-Temple Road, specifically along the Swickard property, be permitted in order to keep pedestrian/vehicle conflict points at a minimum. Background During the design processes for the Woerner-Temple Road/Eiterman Road Extension project, it was determined that the two adjacent properties (now the South Pool property and Swickard property) would share access (See Figure 1). Further, during the rezoning and the final development plan processes for the South Pool, the record reflects (see attached) that the access to the pool would be in its current location and it was designed to be shared with the Swickard property to the east. Considerations The shared access is due to the proximity of the median break to the intersection with Avery Road. The 650 total feet of distance from the access road to Avery Road and the 285 feet distance to the Avery Road intersection influence area are too close to allow another access point along the Swickard property fronting Woerner- Temple Road (See Figure 2). A potential solution might be to shift the South Pool entrance to the west (see Figure 3). However, Chis option is confronted with a number of hurdles/issues: • The existing median would Head significant alteration due to the need for a left turn lane; • Insufficient space between the new South Pool entrance and private drive to the west would result; • Could conflict with the existing tunnel connecting the South Pool to Ballantrae Park; • An additional full access in this immediate area would conflict with the full access intersection at the existing location; Memo re Ord. 12-09 -Swickard Property Access and Dublin Municipal Pool South Driveway Apri12, 2009 Page Two • Relocation of the driveway could require significant alteration of the existing pond; • An additional point of conflict between pedestrians and traffic would be introduced. Due to the above existing conditions, staff does not recommend shifting the South Pool entrance to the west. Instead, the use of existing bike/pedestrian paths is recommended at and along the single access point to maximize pedestrian safety. Recommendation Staff recommends allowing the Swickard property access to Woerner-Temple Road by means of the shared access with the Dublin Community Pool South as originally intended. Staff will be particularly sensitive to the final design ofthe access to the Swickard property relative to its impacts on the South Pool entrance. Staff will work to maximize pedestrian safety and efficient daily operations of the joint access/entrances from Woerner-Temple Road. Attachments: 5 ~i j I III I i~ IxlrnNC vaNO / ''`: f I 1 1 I i F I I ' *~ ~~ I t ~ ~ 5~rw oN '/ ~'' a ~ _~ ruw.. 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Rezoning (Amended) 02-0552 -Woerner-Temple Community Pool - 6363 Woerner-Temple Road Location: 14.664 acres located on the south side of Woerner-Temple Road, approximately 1,200 feet west of Avery Road. Existing Zoning: R-1 B, Suburban Residential District, and R-SR, Restricted Suburban Residential District (Washington Township classifications). Request: Review and approval of an amended. rezoning under the PUD provisions of Section 153.056. Proposed Use: A community park that includes a 8,700 square-foot leisure pool, a 5,000 square-foot lap pool, associated pool buildings, sport courts, and a 213-space parking lot. Applicant: City of Dublin, c/o Jane Brautigam, City Manager, 5200 Emerald Parkway, Dublin, Ohio 43017; represented by Fred Hahn, Director of Grounds and Facilities, 6555 Shier-Rings Road, Dublin, Ohio 43017. Staff Contact: Anne Wanner, Planner. UPDATE: On July 18, 2002, the Plamling and Zoning Commission approved the concept plan for this project and disapproved the rezoning (preliminary development plan) after a lengthy discussion. Generally, the Commission required more detail in the pool design, architectural standards and materials, parking, and lot coverage. Since this date, the design team has worked to further develop the pool design. Revisions have been made which include the separation of the leisure pool activities from the lap pool, and the inclusion of a 3-meter diving board. This revised pool concept was presented to City Council on October 21 and was unanimously endorsed. The text has been revised to incorporate all changes. The drawings are now far more advanced, and staff believes they contain the level of design and specific commitments outlined previously by the Commission. This application is an amended rezoning application for the Commission's consideration. BACKGROUND: The City of Dublin has purchased 14.66 acres on the south side of Woerner-Temple Road to be used as part of a community-scale park. In 2001, Dublin City Council made the decision to build the next municipal pool at this location. It has been funded as part of the CIP (Capital Improvement Program) process, and it is being scheduled to be operational on Memorial Day 2004. Before the Ballantrae plan was adopted for 642 acres between Avery and Cosgray Roads, the Southwest Area Plan projected development for this area. It included a future community park, located approximately at the Woerner-Temple RoadBiterman Road intersection. This is the site on which the clubhouse and driving range have been constructed. The Ballantrae plan provided for the comprehensive planning of the area, and included a public, daily-fee golf course, but it did not address a community park. The City of Dublin made the decision to utilize the land on both sides of Woerner-Temple Road, to the west of Avery Road for park/recreational purposes. This is a preliminary development plan for the south side of Woerner-Temple Road under the PUD, Planned Unit Development District regulations of Section 153.056. The preliminary development plan is the actual PUD rezoning phase that determines the land use and development standards. Once the Planning Commission makes its recommendation, this Dublin Planning and Zoning Commission Staff Report -January 9, 2003 Page 17 application will be forwarded to City Council for a public hearing and final vote. Atwo-thirds vote of City Council is necessary to override a negative recommendation from the Commission. If ultimately approved by City Council, the rezoning ordinance will become effective in 30 days. Following that point, any proposed construction will require prior approval of detailed plans by the Planning Commission under the PUD final development plan provisions. CONSIDERATIONS: Site Characteristics: • The City has purchased seven parcels on the south side of Woerner-Temple Road containing a total of 14.66 acres. Six of the parcels are contiguous to one another and contain about 12.5 acres. This area begins about 700 feet to the west of Avery Road and extends 750 feet to the west. The parcels vary greatly in depth. The overall site is only 250 feet deep at the eastern end, and the depth increases to 1,000 feet at the western end. There is anon-contiguous park parcel 300 feet to the west, adjacent to the traffic circle at Woerner-Temple Road and Ballantrae Place. It is separated from the balance of the park acreage by two long-standing homesteads. The City continues to have interest in purchasing more acreage in the immediate area to expand this park. Consistent with City Council's direction, Dublin will work with willing property owners as opportunities present themselves in the future. • The site is zoned R-1B, Limited Suburban Residential District, and R-SR, Restricted Suburban Residential District. Both are Washington Township classifications. The site contains several parcels that were formerly single-family residences. The houses and outbuildings were removed early last year. One parcel contained a secondary access off Woerner-Temple Road for Parke Drilling, an industrial business fronting on Avery Road. Tree lines delineate most of the property lines of the original parcels, and there is a wooded area along the western edge of the consolidated area of parkland. • The site is bounded on the west by the Ballantrae development zoned PLR, Planned Low Density Residential District. To the north across Woerner-Temple Road is Ballantrae Park zoned R, Rural District. To the east is a vacant parcel at the corner zoned R-1B, and to the southeast are several industrial uses fronting on Avery Road, zoned RI, Restricted Industrial District (Washington Township). To the south is Cramer's Crossing zoned PU~D, Planned Unit Development District. Community Park Plan: The initial drawings developed for the Ballantrae project fostered the goal of creating a completely new entryway and image along Avery Road. This was generally depicted as a park and open space of some kind. Every parcel abutting this section of road was not acduired, but the City of Dublin has purchased all properties that were reasonably available to filrther the goal of creating a new identity. . • The Edwards Land Company has constructed park improvements on the Korth side of Woerner-Temple Road pursuant to a contract with the City of Dublin. This northern park site is L-shaped and only the frontage improvements are constructed at this time. • The improvements included realigning the actual roadway for WoernerTemple Road and rebuilding it as a landscaped boulevard. A large pond was constructed at the entrance. An interactive play fountain, the Dancing Hares sculpture, buffering along Kendall Ridge, and a parking lot are completed. The Dancing Hares sculpture is owned by Mr. Edwards and is on loan to the City for the next few years. Dublin Planning and Zoning Commission Staff Report -January 9, 2003 Page 18 • The City has hired a design team consisting of EDG as the lead consultant to work on the community swimming pool park plan. Also included in this team are David Meleca, who is responsible for the design of the architectural elements, and Water Tech, Inc., a technical specialty swimming pool/water play designer. • Dublin City Council considered the conceptual park Master Plan for this swimming pool site at several public meetings dtu-ing this past spring. On June 3, 2002, City Council directed the staff to bring back a plan that reflected a pool and facilities that are generally equivalent to those at the Dublin Municipal Pool (Earlington Park) on Dublinshire Drive. City Council tentatively approved an expenditure of about $5 million for this development. It is to be afamily-oriented, community pool. On October 15, 2002 City Council unanimously endorsed the concept of separating the leisure pool from the lap pool area and including a 3-meter diving platform. The advantages in having two separate pools inchide sanitization, the inclusion of a 3-meter diving board, water temperature regulation and safety. • This is a rezoning application, and it will establish the master plan for implementing park improvements over time. T11e final development plan is expected to be submitted in the next few months. It will inchide the pools and support facilities. Other recreational elements such as tennis or basketball courts will be included in future park phases in subsequent years. The park master plan is silent on the proposed development for the westernmost, non-contiguous parcel. Site Layout: • The park is designed on asemi-circular, radial axis and placement of the various park elements follow this design. Directly off the main entry drive is the one-way drop-off point and entry to the pool area. A 165-space paved parking lot flanks the drop-off area and wraps around to the eastern side of the pool area. An additional 48-space grass parking area is shown on the south end of the plan and can be paved if the need for more parking arises. A potential basketball court to the north along Woerner-Temple Road and three tennis courts to the south of the pool area are also included in the Master Plan. • A large pool area of approximately 3.5 acres is shown and will be enclosed by a six to eight-foot high metal decorative fence. An eight-foot sidewalk is shown adjacent to the parking lot and will also wrap around the outside of the enclosed pool area. This sidewalk leads to an eight-foot bikepath along the entry drive, which will connect to the bikepath along Woerner-Temple Road. • Three buildings, a mechanical room to the north, a bathhouse to the east near the entry, and a concessions building to the south, are proposed within the park and partially enclose the pool area as well. The bathhouse is the largest building and will be measure approximately 3,000 square feet. This building will include pool offices, staff areas, changing/rests°ooms and the entrance loggia. The mechanical room to the north is proposed to be approximately 2,000 square feet and will house the mechanical structures for the pool and a small storage area. The concession building is about 1,200 square feet and will inchide food service areas. Attached to this building are restrooms available for use by pool employees and park patrons. Other smaller structures proposed include a 220 square-foot in area shade strictures. • Two pool surfaces that total 13,700 square feet in area are proposed within the fenced area. The 8,700 square-foot zero-depth leisure pool will incorporate all water play, wading and splash elements. This pool will include a body and tube slide, water geysers and falls, and a play structure that resembles a typical playground structure. The 5,000 Dublin Planning and Zoning Commission Staff Report -January 9, 2003 Page 19 square foot pool will accommodate lap swimming, any competitive activities and 1-meter and 3-meter diving boards. This pool complex is family-oriented and any competitive use of it will conform to that basic concept. This pool will be 25 meters long and will have eight lanes. The 3-meter diving board is proposed to have a platform stairwell as an additional safety precaution. Access and Circulation: • The site has frontage on WoernerTemple Road. Right-of--way adequate to handle all of the road improvements was acquired prior to this point. • The road access is located at the northeast corner of the site. It aligns with a median break with left turn lane in the Woerner-Temple Road, and is designed to be shared with the undeveloped parcel to the east. An easement is needed from the adjacent Swickard property for the entryway. With additional land acquisition in the future, a secondary access point may be possible from Avery Road. This has been anticipated in the site planning for the facility. • There is a proposed bikepath along the frontage. There are existing bikepaths along Avery Road and the north side of WoernerTemple Road. Bikepath tunnels connect the park area on the north side of WoernerTemple Road and under Avery Road. Additionally, there is a connection to the Cramer's Crossing development to the south. The master plan includes a proposed bikepath along the frontage and through the park. It should be noted that the bikepath could be installed within the required 25-foot wide buffer where it does not conflict with the "buffer" function. Development Standards: • The text states that all buildings and pavement will have a minimum setback of 75 feet and 40 feet respectively, from the right-of--way for WoernerTemple Boulevard. The mechanical building is proposed to be setback 220 feet and the sport court shown is proposed to be setback 40 feet from the right-of--way for WoernerTemple Road. • Internal setbacks of 25 feet for both building and pavement are shown on the east, south and west property lines. Buffer zones are required along all residential properties. No buffer is required adjacent to industrial sites. The nature of the buffer will be defined at the final development plan and will be designed to maximize the private enjoyment of the adjacent residents. • The text states that buildings will be limited to 35 feet in height. This is a standard requirement in residential districts. Proposed buildings shown comply with this standard. • The text states that signage will be of a monument style and limited to six feet in height, 20 square feet in area and will be consistent with the materials on the buildings. Signage is not included with this submission, and it will be submitted with the final development plan. • A dumpster is proposed southeast of the concession building near the parking lot. Code requires all mechanical structures be screened to one foot above the height of the structure. Landscaping/Tree Preservation: • A tree survey and preservation plan has been submitted. The survey indicates 299 caliper inches of protected trees and 75 caliper inches of landmark trees (three trees) are scheduled for removal as part of the construction. Dublin Planning and Zoning Commission Staff Report -March 20, 2003 Page 10 4. Final Development Plan 03-OlOFDP -Woerner-Temple Community Pool - 6363 Woerner-Temple Road Location: 14.664 acres located on the south side of Woerner-Temple Road, approximately 1,200 feet west of Avery Road. Existing Zoning: PUD, Planned Unit Development District Request: Review and approval of a final development plan under the PUD provisions of Section 153.056. Proposed Use: A community park that includes an 8,700-square foot leisure pool, a 5,000-square foot lap pool, associated pool buildings, landscaping, stormwater ponds, a 189-space paved parking lot, and a 38-space grass overflow parking area. Applicant: City of Dublin, c/o Jane Brautigam, City Manager, 5200 Emerald Parkway, Dublin, Ohio 43017; represented by Fred Hahn, Director of Grounds and Facilities, 6555 Shier-Rings Road, Dublin, Ohio 43017. Staff Contact: Anne Wanner, Planner. BACKGROUND: The PUD rezoning for the Woerner-Temple Pool was approved by the Planning and Zoning Commission on January 9, 2003 [See Case #02-OSSCP/Z (amended)], and City Council on February 3, 2003. At this same meeting City Council discussed and approved the costs associated with the cedar shake roof by a 6-1 vote. The plan includes two outdoor pools and associated improvements plus a 194-space parking lot. This is a request for review and approval of the first phase of the park as a final development plan under the PUD provisions of Section 153.056. Following approval by the Commission, the City will proceed with the building permit process. The Commission is to determine if the proposed final development plan is consistent with the approved preliminary development plan. If the Commission disapproves the application, it must state its reasons for doing so. The Commission shall also consider the following factors for approval as listed in Section 153.056 (H): • The proposed development is consistent in all respects with the purpose, intent and applicable standards of the zoning ordinance; • The proposed development is in conformity with appropriate comprehensive planning or portion thereof as it may apply; ' The proposed development advances the general welfare of the municipality and immediate vicinity; • The benefits, improved arrangement, and design of the proposed development justify deviation from standard development requirements included in the zoning ordinance; and • The various types of land uses or buildings incorporated into the project. CONSIDERATIONS: Site Characteristics: • The development site consists of 12.5 acres of contiguous parkland on the south side of Woerner-Temple Road. This area begins about 700 feet west of Avery Road and extends 750 feet further west. The 2.16 acres of non-contiguous parkland is not planned for improvements at this time. Consistent with Council's direction, Dublin will purchase more acreage from willing property owners in the immediate area as opportunities present themselves in the future. Dublin Planning and Zoning Commission Staff Report -March 20, 2003 Page 11 • The site is zoned PUD, and some structures were removed early last year. Tree lines delineate most of the boundaries of the original parcels, and there is a wooded area along the western edge of the consolidated area of parkland. • The site is bounded on the west by the Ballantrae development, which is zoned PLR, Planned Low Density Residential District. To the north across Woerner-Temple Road is Ballantrae Park zoned R, Rural District. To the east is a vacant parcel at the corner of Woerner-Temple and Avery Roads zoned R-1B, Limited Suburban Residential District, and to the southeast are several industrial uses fronting on Avery Road, zoned RI, Restricted Industrial District (Washington Township). To the south is Cramer's Crossing zoned PUD. Community Park Plan: • The initial drawings developed for the Ballantrae project fostered the goal of creating a completely new entryway and image along Woerner-Temple Road. Pursuant to a contract with the City of Dublin, the Edwards Land Company installed an interactive play fountain, the Dancing Hares sculpture, buffering along Kendall Ridge, and a parking lot on the north side of Woerner-Temple Road. • The City has hired a design team with EDG as the lead consultant to work on the site design of the community swimming pool and park. Also included in this team are architect David Meleca, and Water Tech, Inc., a specialty swimming pool/water play technical design firm. Site Layout: • The park is designed on asemi-circular, radial axis, for the placement of the various park elements. The main entry drive provides access to a one-way drop-off point and pool entrance. A 194-space parking lot flanks the drop-off area and wraps around the eastern side of the pool area. A turnaround and access to the mechanical building is located at the northwest corner of the parking lot. An additional 38-space grass parking area is shown on the south end of the plan that can be paved if the need for more parking arises. Storm water ponds are located near park entrance and adjacent to the industrial properties. • A six and one-half foot high, black, steel decorative fence will enclose an area of approximately 3.5 acres around the pool. Two galvanized steel turnstiles, one at the mechanical building and one near the concessions building, may be used as emergency exits. • Eight-foot sidewalks are shown adjacent to the parking lot, wrapping around the outside of the fenced area. Staff suggests that these sidewalks have saw-cut joints. This sidewalk leads to an eight-foot bikepath along the entry drive that connects with the public bikepath along WoernerTemple Road. • A mechanical room (2,000 square feet) to the north, an entry pavilion (3,000 square feet) to the east near the drop-off, and a concessions building (1,200 square feet) to the south, are proposed within the park and partially enclose the pool area. The entry pavilion is the largest building and will include pool offices, staff areas, changing areas/restrooms and the entrance loggia. The mechanical room includes the mechanical structures to operate the pool with an additional small storage area. An outside mechanical area is proposed to the east of this building that will be enclosed by a six-foot high, wooden fence with evergreen landscaping. The concession building will include food service areas and a 4,000-square foot, outdoor patio that provides space for 16 tables. Other smaller structures include two 338-square foot and three 420-square foot shade structures. Dublin Planning and Zoning Commission Staff Report -March 20, 2003 Page 12 • The 8,700-square foot, zero-depth, free form leisure pool will incorporate all water play, wading and splash elements. This pool will include a 22-foot tall beige (Gelcoat #1603) colored body and tube slides manufactured by Whitewater Company, with supports colored a dark green color (Gelcoat #4708). These structures will be a permanent installation to the park and will be partially visible from the Woerner-Temple right-of- way. An interactive play structure, water geysers, and falls (SCS Interactive) are also proposed. Colors for these elements were selected based on a City Council initiated survey of 100 Dublin students, which rendered blue-green posts, bright green rails with yellow slides, and red accents. • The 5,000-square foot, rectangular pool will accommodate lap swimming and any competitive activities including aone-meter and three-meter diving board. The pool complex is family-oriented, and any competitive use of it will conform to the proposed concept. The lap pool will be 25 meters long and will have eight lanes. Permanent starting blocks will be placed at the east end of the pool. The three-meter diving board has a platform stairwell as an additional safety precaution. Access and Circulation: • The site has frontage on Woerner-Temple Road, which was widened in 2001. Adequate right-of--way was previously acquired. • Access is located at the northeast corner of the site and aligns with a median break with a left turn lane at WoernerTemple Road. It is designed to be shared with the undeveloped parcel to the east. The entryway will require an easement from the adjacent Swickard property. Additional land acquisition in the future may provide a secondary access from Avery Road. This possibility has been anticipated in the site planning for the facility. • There is an existing bikepath along the frontage, which was installed with road and park improvements last year. Existing bikepaths along Avery Road and the north side of Woerner-Temple Road are connected to bikepath tunnels under both roads. A bikepath connection to the Cramer's Crossing development to the south is also included. It should be noted that the bikepath will be installed within the required 25-foot wide buffer where it does not conflict with the required screening. Development Standards: The approved text states that all buildings and pavement will have minimum setbacks of 75 feet and 40 feet respectively, from the right-of--way of WoernerTemple Road. The closest building is the mechanical building, which is set back 220 feet. A buffer zone is included along the residential site to the west and includes a mix of deciduous and evergreen species. Existing shrubs and trees will also be used for this buffer, and staff recommends that if the existing vegetation is disturbed or removed, it should be replaced to keep the buffer intact. No landscape buffer is required adjacent to industrial sites, although mounding and landscaping will be installed to mitigate the visual impacts of the industrial sites. • The text states that buildings will be limited to 35 feet in height. This is a standard requirement in residential districts. Proposed buildings comply with this standard. The text states that signage will be of a monument style, and be limited to six feet in height, and 20 square feet in area. The sign includes the materials utilized on the buildings. The proposed sign is consistent with current municipal park signage and will be constructed of wood with white lettering on a green background. The base will be constructed of limestone. SCH~TTENSTE I N ZOX~4;:DUNN MEMORANDUM TO: Dublin City Council Terry Foegler, City Manager Paul A. Hammersmith, PE, Director ofEngineering/City Engineer FROM: Stephen J. Smith, Law Director DATE: March 12, 2009 RE: Ordinance No. 12-09 -Easement - Swickard Enterprises, Inc. PROJECT BACKGROUND The City of Dublin (`SCity'~ owns certain real property located adjacent to property owned by Swickard Enterprises, Inc. ("Swickard") along Woerner-Temple Road and Avery Road. In order to access the City property from Woerner-Temple Road, the City constructed an access drive across the City property. The access drive encroaches on the Swickard property, and, at the time the access drive was constructed, the City paid Swickard Four Thousand Two Hundred Dollars ($4,200.00) as compensation for this encroachment. Swickard now desires an easement across the City property to construct a driveway to access the access drive and to use the access drive to gain access to the Swickard property from Woerner- Temple Road. Swickard, in exchange for the right to use the access drive, has agreed to grant the City an easement over that portion of the Swickard property that is being encroached upon by the access drive. The City and Swickard are prepared to execute an Access Easement Agreement that allows the access drive to remain as constructed and grants to Swickard the right to use the access drive. PROPOSED LEGISLATION Swickard is granting to the City anon-exclusive right and easement for the purpose of providing reasonable vehicular and pedestrian access over and upon the area of the Swickard property that is being encroached upon by the access drive. The City is granting to Swickard the right to construct a driveway across the City property to access the access drive and to use the access drive to gain access to Woerner-Temple Road. Swickard's right to use the access drive is limited such that Swickard is prohibited from permitting any large vehicles or equipment, i.e. drill figs, owned by Swickard, and/or driven by its employees, contractors, invitees or licensees, to be driven over the access drive, unless permission from the City is obtained. Memo re Ord. 12-09 -Easement - Swickard Enterprises, Inc. March 12, 2009 Page 2 In order to proceed with the granting of the easement, the Law Department has prepared the attached ordinance providing the authorization for the execution of the easement and will facilitate the execution and recordation of the deed of easement. RECOMMENDATION: The Law Department recommends approval of Ordinance No. 12-09 at the second reading/public hearing on Apri16, 2009. EXHIBIT A EXHIBIT ACCESS F.,ASEMENT AGREEMENT This ACCESS EASEMENT AGREEMENT (this "Agreement") is made and entered into this day of 2009 by and between Swickard Enterprises, Inc., an Ohio corporation, whose address is 3730 Broadway Street, Grove City, Ohio 43123 ("Swickard") and the City of Dublin, Ohio, an Ohio municipal corporation, whose address is 5200 Emerald Parkway, Dubin, Ohio 43017 ("City"). BACKGROUND INFORMATION A. Swickard owns the real property depicted on Exhibit "A", attached hereto and hereby made a part hereof, as the "Swickard Property," Parmct Co. Inc., an Ohio corporation, owns the real property to the south of, and contiguous to, the Swickard Property and depicted on Exhibit "A" as the "Adjacent Property," and the City owns the real property depicted on Exhibit "A" as the "City Property"; B. The City has developed a road (the "Access Drive") across the City Property, which Access ,Drive is also depicted on Exhibit "A"; C. The Access Drive encroaches apou the Swickard Property and the City desires to obtain an easement fi•om Swickard for that portion of the Swickard Property over which the Access Drive encroaches; and D. The parties hereto desire to grant easements for access, ingress and egress for the benefit of the City Property and Swickard Property and, at the option of the owner of the Swickard Property, the Adjacent Property, upon the terms and conditions hereinafter set forth. STATEMENT OF AGREEMENT NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration and sufficiency of which are hereby acknowledged, the parties agree as follows: I. Grant of City Easement. Swickard hereby grants to the City, its employees, agents, licensees acid invitees, anon-exclusive, right and easement for the purpose of providing reasonable vehicular and pedestrian access, ingress, egress, and passage over and upon the area of the Swickard Property that is being encroached upon by the Access Drive, which is more fully described in Exhibit "B", attached hereto and hereby made a part hereof (the "City Easement Area"). Swickard shall not take nor permit to be taken any action within the City Easement Area that will result in an wu•easonable interference with the City's use of same as permitted herein. 2. Grant of Access Easement. The City hereby grants to Swickard, its assigns, successors, tenants acid such parties' employees, invitees and licensees, an easement for the purpose of providing reasonable vehicular and pedestrian access, ingress, egress and passage fi~om the Swickard Properly across the City Property to the Access Drive, tine location of which is described on Exhibit "C" and shown on Exhibit "D", attached hereto and hereby made a part hereof (the "Access Easement Area"). Swickard shall have the right, at its option, to permit the III I IG lf'Ln 10 ~ owner of the Adjacent Property to enter on and use the Access Drive and/or Swickard Driveway, as hereinafter defined, for Che purpose of providing reasonable vehicular and pedestrian access to the Adjacent Property, provided that Swickard causes the owner of the Adjacent Property to comply with all of the teens and conditions contained herein. The City shall have the right to relocate the Access Easement Area and/or the Swickard Driveway, as hereinafter defined, if the City, in its reasonable judgment, deems such relocation necessary and desirable and a reasonably suitable alternative location exists. Additionally, the City shall not take any action within the Access Easement Area or the Access Drive that will result in an unreasonable interference with Swiekard's use of same. Any vehicles or equipment exceeding the Class 5 Gross Vehicle Weight Rating and/or weighing more than 19,500 lbs. shall not be permitted over the Access Easement Area or the Access Drive without the prior written approval of the City Engineer. 3. Maintenance of the City Easement Area. The Cily shall be solely responsible for the costs of the maintenance, repair and replacement of the improvements within the City Easement Area until such time as Swickard commences development of the Swickard Property. Thereafter, the City shall share equally with Swickard the costs of maintaining, repairing or replacing Che improvements located within the City Easement Area. "fhe City shall be solely responsible for coordinating any maintenance, replacement and repair activity within the City Easement Area. The City shall submit an invoice setting forth the cost of any maintenance, replacement and repair activity performed within the City Easement Area to Swickard and, within thirty (30) days after receipt of such invoice, Swickard shall reimburse the City for their share of the costs Chereof. Any and all maintenance, replacement and repair activity within the City Easement Area shall (i) be done with due diligence and dispatch, and the City shall use its best efforts to complete the same in the shortest time possible under the circumstances; and (ii) comply with all applicable govcrmnerltal laws and ordinances in the maintenance, installation, repair and replacement of the improvements. In the event (a) the City fails to maintain, repair or replace, as needed, any portion of the City Easement Area such that the same are and remain in good condition or repair or (b) a material obstruction exists within all or any portion of the City Easement Aroa such that Swic]ard is unable to use same as contemplated herein (provided such obstruction was not caused by Swickard), and, after providing Che City with thirty (30) days written notice of such obstruction (except in the case of ~r emergency or complete obstruction in which case only reasonable notice shall be required), Swickard may undertake such maintenance, repair or replacement or remove such obstruction at its cost. The City shall reimburse Swickard for its share of the reasonable costs incurred by Swickard promptly following receipt of an itemized statement setting forth the reasonable costs of affecting such cure. 4. Maintenance of the Access Easement Area. Swickard shall have the right, at no cost and expense to the City, to install one (1) driveway, no more than thirty-six (36) feeC iu widCh, within the Access Easement Area to connect Co the Access Drive (the "Swickard Driveway"), provided that the plans for such driveway have been approved by the City, which approval shall not be unreasonably withheld. Upon commencement of the construction of the Swickard Driveway, Swickard shall, except as otherwise set forth herein, (i) have sole responsibility for the installation, maintenance, repair and replacement of same as may exist from time to time; (ii) carry on any maintenance, replacement and repair activity wifll due 2 diligence and dispatch, and shall use its best efforts to complete the same in the shortest time possible uuder the circumstances; and (iii) comply with all applicable goven~mental laws and ordinances iu the maintenance, installation, repair and replacement of the driveway. Swickard shall be solely responsible for the cost associated with the installation, repair and maintenance of the Swickard Driveway. In the event of the failure of Swickard to maintain, repair or replace, as needed, any portion of the Swickard Driveway such that same is and remains sightly and in good condition and repair, the City may undertake such maintenance, repair or replacemenC of the Swickard Driveway, as the City deems necessary in its solejudgmeut. Swickard shall reimburse the City for the reasonable cost of such maintenance, repair or replacement work within thirty (30) days following receipt of an itemized statement from the City setting forth the costs of affecting such cure. The City shall be responsible for the costs of the maintenance and repair of the remainder of the Access Easement Area, excluding the Swickard Driveway, until such time as Swickard commences development of the Swickard Property and/or commences the use of the Access Easement Area for access to the Swickard Property or the Adjacent Property. Froth and after such time, the City shall share equally with Swiekaid the costs of maintaining that portion of the Access Easement Area excluding the Swickard Driveway. The City shall be solely responsible for coordinating any maintenance, replacement and repair activity within such portion of the Access Easement Area. The City shall submit an invoice showing the cost of any maintenance, replacement and repair activity performed within such portion of the Access Easement Area to Swickard and, within thirty (30) days after receipt of such invoice, Swickard shall reimbwse the City for their share of the costs thereof. 5. Insurance. Swickard and the City shall each, at their own expense, obtain, can•y and keep in force commercial general public liability insurance with a contractual liability endorsement to cover the obligations uuder paragraph 6 below. Such policies of insura~rce shall insure against any liability or claim for personal injury, wrongful death or property damage for which the City or Swickard is responsible to the other under this Agreement or by law, with financially responsible insurers authorized to transact insurance business in the State of Ohio, with a conunercially reasonable combined single limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. The policies shall name each of the other parties as additional insureds (as their interest may appear) and shall provide that the parties may not cancel their policies without providing thirty (30) days' prior written notice to the other parties. Upon request, the parties shall provide the other with a certificate of insura~~ce evidencing such coverage. h~ the event Swickard permits the owner of the Adjacent Properly to enter on the Access Easement Area, then Swickard shall require that the owner of the Adjacent Property comply with the requirements set forth herein, including maintaining the policies of insurance required hereunder, naming the City and Swickard as additional insureds, and providing a certificate of insurance evidencing its coverage when requested. 6. Indemrification. (a) Indemnification by the City. To the extent permitted by law and except for injuries, deaths, losses, damages, or other matters resulting from the acts or omissions of Swid<ard or of its respective successors, assigns, agents and employees, or of the owner of the ~~~ ~~,,h~,~. ~., ~. 3 Adjacent Property, the City shall indemnify Swickard and save it harmless from and against all loss, liability, damage, actions, causes of action, or claims for injury, death, loss or damage of whatever nature to any person, property or business interest caused by or resulting from an act or omission of the City or agents, employees, customers, servants, licensees, tenants or subtenants of the City occurring in the City Easement Area, and from and against any and all costs, expenses or liabilities (including reasonable fees of attorneys, paralegals, experts, court reporters and others) incun~ed by Swickard in connection with any claim, action or proceeding in respect of any such loss, liability, damage or claim. (b) Indemnification by Swickard. Except for injuries, deaths, losses, damages, or other matters resulting from the acts or omissions of the City or of its agents and employees, Swickard shall indemnify the City and save it harmless from and against all loss, liability, damage, actions, causes of action, or claims for injury, death, loss, or damage of whatever nature to any person, property or business interest caused by or resulting from any act or omission of Swickard, its successors, assigns, agents, employees, customers, servants, licensees, tenants, or subtenants, or the owner of the Adjacent Property occurring in the Access Easement Area or the City Easement Area, and from and against any and all costs, expenses and liabilities (including reasonable fees of attorneys, paralegals, experts, court reporters, and others) incurred by the City in connection with any claim, action or proceeding iu respect of any such loss, liability, damage or claim. This indemnification by Swickard shall include and extend to acts or omissions by the Adjacent Property owner, its/his/her successors, assigns, agents, employees, customers, servants, licensees, tenants or subtenants occurring in the Access Easement Area or City Easement Area, unless the Adjacent Property owner agrees to directly indeuviify the City for same under separate agreement between the Adjacent Property owner u1d the City, in which event Swickard's indemnification of the Adjacent Property owner's acts or omissions shall terminate so long as the Adjacent Property owner's indemnification obligations under such separate agreement remain in full force and effect. 7. Relationship to Parties. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party as creating the relationship of principal and agent, of partnership or of joint venture between the parties hereto, it being understood and agreed that no provision contained herein or airy act of the parties hereto shall be deemed to create airy relationship other than grantor and grantee of the rights and easements set forth herein. 8. Notices. All notices required or permitted to be given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been properly given if delivered by hand or by certified mail, return receipt requested, postage prepaid, to Che addresses set forth below, or to such other addresses as the parties may specify, from time to time, in writing, sent to the other party. Notices shall be effective upon delivery, in the case of hand delivery, or upon receipt or refusal of receipt if by certified mail. `-TeVryy Foeglc/• If to the City: A~rsha-fr'rr~rq ~J City of Dublin 5200 Emerald Parkway Dublin, Ohio 43017 (614)410-4400 t~,~~~s<<, ~~,; 4 (6I4) 410-4490 (fax) with copy to: Stephen J. Smith, Attorney at Law Schottenstein, Zox & Dunn Co., LPA 250 West Street Columbus Ohio 43215 (614)462-2700 (614) 462-5135 (fax) If to Swickard: Swickard Enterprises, Inc. c/o Donald T. Plank, Esq. Plank & Brahm 145 E. Rich Street Columbus, Ohio 432] 5-5240 ((i14) 228-4546 (614) 228-1472 (fax) 9. Waiver. Except to the extent that a party may have otherwise agreed in writing, no waiver by such parry of any breach of the other party of any of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or of any other covenants, agreements or obligations, nor shall any forbearance by a party to seek a remedy for any breach by the other party be deemed a waiver of any rights or remedies with respect to such breach or any similar breach in the future. 10. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 11. Cautions and Pronoun Usage. The captions and section numbers in this Agreement are for convenience only and shall nol be deemed to be a part hereof. The pronouns used herein shall be considered as meaning the person, number and gender appropriate under the circumstances at a~~y given time. 12. Govenrin~ Law. This Agreement shall be govenred by and construed in accordance with the laws of the State of Ohio. 13. Modification. This Agreement, or any easement or covenant set forth herein, may not be amended, terminated, rescinded or otherwise modified, in whole or in part, except by a written instrument executed by the parties hereto and recorded with the Recorder's Office, Franklin County, Ohio with reference made to this Agreement. 14. Benefit. This Agreement shall run with the land and inure to the benefit oCand be binding upon the pu~ties hereto and their respective heirs, executors, representatives, successors and assigns. puiosaa w IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year firsC written above. Swickard Enterprises, Inc., an Ohio corporation By: ICs: Print Natne: STATE OF OHIO COUNTY OF FRANKLIN City of Dublin, Ohio, an Ohio municipal corporation :SS. By: City Manager T-2Vr~ Foe~~ee-' The forgoing instrument was acknowledged before me this __ day of 200_, by ___ its of Swickard Bnterprises, Inc., on behalf of said corporation. STATE OF OHIO COUNTY OF FRANKLIN Notary Public My Connnissiou Expires: :SS. The foregoing instrtunent was acknowledged before me this day of , 200 by h4 ~~r{sr~1~Ie k~teri»i CiCy Manager of the City of Dublin, Ohio, an Ohio nwicipal corporation, on behalf of said u~unicipal eorporation. Notary Public My Commission Expires: This instrument was prepared by: Schottenstein; Zox ~. Dunn Co., LPA, 250 West Sn-eei, Columbus, Ohio 43215- 6106 ~I111G)$GG.IU i 6 EXHIBIT A ,-~.. EXHIBIT B (1 of 2) 0.020 ACRE EASEMENT AREA ON THE SOUTH SIDE OF WOERNER-TEMPLE ROAD AND 741,00 FEET WEST OF AVERY ROAD SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, VIRGINA MILITARY SURVE 3004 AND BEING 0.020 ACRES OF LAND OUT OF AN ORIGINAL 7.095 ACRE TRACT OF LAND AS CONVEYED TO SWICKARD ENTERPRISES INC. OF RECORD IN OFFICIAL RECORD VOLUME 16313J14 (ALL RECORDS BEING OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING FOR REFRENCE AT A FRANKLIN COUNTY MpNUMENT FCE 2211 LOCATED AT THE INTERSECTION OF AVERY ROAD AND WOERNER-TEMPLE ROAD; THENCE SOUTH 85°07'25" WEST WITH THE CENTERLINE OF SAID WOERNER- TEMPLE ROAD, A DISTANCE OF 741.48 FEET TO A POINT; THENCE SOUTH 05°11'17" EAST CROSSING SAID WOERNER-TEMPLE ROAD, A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID WOERNER-TEMPLE ROAD AND BEING THE NORTHWESTERLY CORNER OF SAID 7.095 ACRE TRACT AND ALSO BEING THE NORTHEASTERLY CORNER OF A 1.3503 ACRE TRACT OF LAND AS CONVEYED TO THE CITY OF DUBLIN OF RECORD IN INSTRUMENT NUMBER 200.110300250317; T}•IENCE SOUTH OS°11'17" EAST WITH THE EASTERLY LINE OF SAID 1.3503 ACRE TRACT TOGETHER WITH THE WESTERLY" LINE OF SAID 7.095 ACRE TRACT, A DISTANCE OF 59.00 FEET TO A POINT; THENCE NORTH 21°02'51" EAST THROUGH SAID; 7.095 ACRE TRACT, A DISTANCE OF 65.00 FEET TO A POINT ON THE SOUTHERLY RIGHI" OF WAY LINE Of SAID WOERNER-TEMPLE ROAD; THENCE SOUTH 85°07'25" EAST WITH THE SOUTHERLY RIGHT OF WAY LINE OF SAID WOERNER-TEMPLE ROAD, A DISTANCE OF 29:00 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.020 ACRES OF LAND MORE OR LESS. THIS DESCRIPTION WAS PREPARED BY ENVIRONMENTAL DESIGN GROUP INC., COLUMBUS, OHIO FROM AN ACTUAL FIELD SURVEY. THE BASIS OF BEARING IS SOUTH 85°07'25" WEST FOR THE SOUTHERLY RIGHT OF WAY LINE OF WOERNF_R-TEMPLE ROAD AS RECORDED IN OFFICIAL RECORD VOLUME 72041A01. ~ ~ _ D ~ o z~ Mayn rd I . 71 Date ~JO~iQw&aarca~LJerc~o~axa flGaOQflAJg°J1J~b~[7>i~, ~mwu~eas,O~vB~~~~ G~~rG94a4JYJv~9`3 1~EDGSRV.OGWrolegs\Dublin\568a02kuneyllegalaa 020.dop DESIGN Gl~OUP rdw~eed: odober ai, zooz --~: P.O.B. G Avert/ Road IP.O.R.I . q;• ;~ MAYNARO '~. ~, i H. TIIOMPSON } ,, ,~ 5-7128 Q !~ .'~~o~sr6~4~:' .e°°~ YCE r1on. 2211 (Reset) Situated .n '~~tate of EXHIBIT B (2 of 2) Of Franklin, ..~ of Dubu~~, virgina Military Survey 3004. I"=50' 50~.._.. p 50 r W ~ N Swickard Enterprises Inc. OI 274-000032 z, ORV I6313JI4 7.Og5 Acres v v ~ 505'07' "W 29.00 N21'02'51"E 65,60 a ~ 5q.00 m P.O.B. G ~I I CITY OF DUBLIN ~ I 27A-000033 c °o 1.3503 ACRES ~ Inst. No, 200110300250317 v+i w v o i ~ This drawing was prepared by z ~ Environmental Design Group Inc. Columbus, Ohia form on actual field _ _ survey, The basis of bearing is North 05'07'25" East {or the southerly right of way line of Woerner-Temple Road as recorded in O/R~V ~72041A01, /~/4 1 so 1 P 0.020 ACRE EASEMENT AREA WOERNER-TEMPLE ROAD DU~11N, OHIO ~~ ~ ACCESS EASEMENT 0.241 ACRE SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED IN VIRGINIA MILITARY SURVEY NUMBER 6748, BEING ACROSS THAT 1.3503 ACRE TRACT AS CONVEYED TO CITY OF DUBLIN, OHIO BY DEED OP RECORD IN INSTRUMENT NUMBER 2001 1 030025031 7 (ALL REFERENCES REFER TO THE RECORDS OP THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A NORTHWESTERLY CORNER OF THAT 6.063 ACRE TRACT AS CONVEYED TO SWICKARD ENTERPRISES, INC. BY DEED OF RECORD IN OFFICIAL RECORD 16313]14, A SOUTHWESTERLY CORNER OF THAT 0.489 ACRE TRACT AS CONVEYED TO FRANKLIN COUNTX COMMISSIONERS BY DEED OF RECORD IN OFFICIAL RECORD 7S34E04, A SOUTHEASTERLY CORNER OF THAT 0.1007 ACRE TRACT AS CONVEYED TO CITY OF DUBLIN, OHIO BY DEED OF RECORD IN INSTRUMENT NUMBER 199808140206647, BEING IN THE SOUTHERLY RIGHT-OF-WAY LINE OF WOERNER-TEMPLE ROAD; THENCE SOUTH OS° 1 I' 17" EAST, WITH THL" COMMON LINE BETWEEN SAID 1.3503 AND 6.063 ACRE TRACT, A DISTANCE OF 176.68 FEET TO A POINT; THENCE ACROSS SAID 1.3503 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 8S° 03' 31" WEST, A DISTANCE OF 8L92 FEET TO A POINT; NORTfI42° 33' 39" WEST, A ffiSTANCE OF 41.00 FEET TO A POIN"I ON THE ARC OF A CURVE TO Tf IE LEFT; WITH THE ARC OF SAID CURVE, HAVING A CENTRAL ANGLE OF 43° 48' 19", A RADIUS OF 224.34 FEET, AN ARC LENGTH OF 171.52 FEET, A CHORD BEARING AND DISTANCE OF NORTH 2S° 32' ] 1"EAST, 167.37 FEET TO A POINT IN THE SOUTIIBRLY LINE OF SAID 0.1007 ACRE TRACT, BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WOERNER-TEMPLE ROAD; THENCE NORTH 8S° 10' 41" EAST, WITH 1'HE SOUTHERLY LINE OF SAID 0.1007 ACRE 'T'RACT AND THE SOUTHERLY RIGHT-OF-WAY LINE OP SAID WOERNHR-TEMPLE ROAD, A DISTANCE OP 21.30 FEET TO THE POINT OP BEGINNING, AND CONTAINING 0.241 ACRE OF LAND, MORE OR LESS. F,VANS, MECHWART, HAMBLETON, & TILTON, INC. c°~ -~E OF ~ '''~,,, ~yp ;: ,gyp. ,,...,....., h, ; C%'~ ' * :' HEATHER `:~ ~=: KING HEATHER L. KING C~ ': -o ~i 5-x307 i~. °~ ;- REGISTERED SURVEYOR NO. 8307 PO ~'~FG7 R``:~'• ~G- ,~ '• . STE ~, J /'''~,cSS'~OMAI.sv~ . HLK: T6/MAY 12, 2008 0 241 AC 80570 r,~.C~.,Lr~t ~ Evans, MechwaR, Hombleton & iillon, Inc, Engineers • Surveyors • Plonners • Scientists 5500 New Albany Road, Colombas, OH 43054 Phone: bNl>S.LWJ fax: bH]>5.48W ACCESS EASEMENT VIRGINIA MILITARY SURVEY N©. 6748 CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO dale: May 14, 2008 ~ Job No. 2008-0570 ~ Scalo: 7"= 50' v ~ ~ WOERNER-TEMPLE ROAD_ -----~ - RANKLI 89 ACMMI S ~- - - -----~N85'10'41 "E POB r_R~wR 7534E04 __ ---- " ~ 21.30' _ --R~K' ..~--- CITY OF DUBLIN, OHIO 0.1007 AC. I, N. 199808140206647 ~= 43'48' 19'~ R= 224.34' Arc=171.52' a w m 0 a ChD=167.3 CITY OF DUBLIN, OHIO 1.3503 AC. I.N. 200110300250317 31'~'N 87. SWICKARD ENTERPRISES, INC. 6.063 AC. O.R. 16313Ji4