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66-09 OrdinanceRECORD OF ORDINANCES Inc. Ordinance No. 66 -09 Passed _ 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACCEPT THE DEDICATION OF A 0.062 ACRES, MORE OR LESS, PERMANENT BIKEPATH EASEMENT AND A 0.115 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM HPTRI PROPERTIES TRUST. WHEREAS, the City of Dublin desires to construct a bike path that will encircle the right of way of Metro Place (North and South); and WHEREAS, said construction shall require the City of Dublin to obtain a 0.062 acres, more or less, permanent bikepath easement and a 0.115 acres, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit "B" from HPTRI Properties Trust; and WHEREAS, the City desires to execute any necessary conveyance documentation to obtain these property interests. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, _T_ of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to accept the dedication of a 0.062 acres, more or less, permanent bikepath easement and a 0.115 acres, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit 'B" from HPTRI Properties Trust. Section 2 . This Ordinance shall take effect and be in force on the earliest date permitted by law. Passed this � 4 day of b 642 C_YYttJ elm , 2009. Mayor - Presiding Officer ATTEST: Clerk of Council 1 hereby certify that copies of this Ordinance/ Resolution were posted in the City of Dublin in accordance with Section 4.12(a) of the Revised Charter of the City of Dublin. uty Clerk of Council, Dublin, Ohio � SCHOTTENSTEIN ZOMDUNN,,,. MEMORANDUM TO Dublin City Council Terry Foegler, City Manager Paul Hammersmith, PE, Director of Engineering /City Engineer FROM Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: November 12, 2009 RE: Ordinance Nos. 66 -09 through 80 -09 Bikepath Easement Dedications - Mefro Place Bikepath Installation PROJECT BACKGROUND: The City of Dublin ( "City ") has programmed the construction of a bikepath that would encircle the right of way of Metro Place (North and South) and connect to the existing path that parallels the pavement of Frantz Road. The project would enhance Metro Place as it would include not only the path itself, but new street lighting; the existing street lighting within the right of way is approximately thirty years old. All curbing, asphalt surface and landscaping would be replaced with like kind and quality by the contractor. The project was programmed for construction in 2009 pending the dedication of the necessary easements. Because this project provides an enhancement to the property within the Metro Center, the City entered into discussions with the property owners to obtain the necessary easements through dedication versus acquisition. In total, the project involves eighteen parcels and fifteen landowners. The City and the Law Department were able to secure the dedication of all land necessary to construct the proposed bikepath on Metro Place. The City need only execute and record the various easements dedicated to the City prior to initiating construction of the project. Ordinances 66 -09 through 80 -09 would provide the City Manager with the authority to execute this necessary conveyance documentation. It is anticipated that construction will be initiated on a limited basis in June of 2010, with the bulk of the construction to be completed in mid -July. This project will be funded from the Pizzufi TIE Fund. PROPERTY BEING DEDICATED FOR BIKEPATH CONSTRUCTION: The property interests that have been dedicated to the City for construction of the bikepath on Metro Place are: • Ordinance 66 -09: HPTRI Properties Trust - 0.062 Acres, More or Less, Permanent Bikepath Easement and a 0.115 Acres, More or Less, Temporary Construction Easement Memo re. Ordinances 66 -09 - 80 -09 Bikepath Easement Dedications - Metro Place Bikepath November 12, 2009 Page 2 of 3 • Ordinance 67 -09: McCormick Westpointe Metro Lakes, LLC (and Affiliated Companies) - 0.031 Acres, More or Less, Permanent Bikepath Easement and a 0.114 Acres, More or Less, Temporary Construction Easement • Ordinance 68 -09: Metrocenter Owners Association, Inc. - 0.057 Acres, More or Less, Permanent Bikepath Easement and a 0.061 Acres, More or Less, Temporary Construction Easement • Ordinance 69 -09: Metrocenter Office Investment, LLC - 0.029 Acres, More or Less, Permanent Bikepath Easement and a 0.125 Acres, More or Less, Temporary Construction Easement • Ordinance 70 -09: 495 Metro Place, LLC - 0.034 Acres, More or Less, Permanent Bikepath Easement and a 0.207 Acres, More or Less, Temporary Construction Easement • Ordinance 71 -09: 545 Metro Place, LLC - 0.048 Acres, More or Less, Permanent Bikepath Easement and a 0.093 Acres, More or Less, Temporary Construction Easement • Ordinance 72 -09: JP Morgan Chase Bank, N.A. - 0.007 Acres, More or Less, Permanent Bikepath Easement and a 0.061 Acres, More or Less, Temporary Construction Easement from JP Morgan Chase Bank, N.A. • Ordinance 73 -09: 570 Metro Place North Limited Partnership - 0.028 Acres, More or Less, Permanent Bikepath Easement and a 0.130 Acres, More or Less, Temporary Construction Easement • Ordinance 74 -09: Dublin Metro Hotel LLC - 0.032 Acres, More or Less, Permanent Bikepath Easement and a 0.133 Acres, More or Less, Temporary Construction Easement • Ordinance 75 -09: Ohio Society of Certified Public Accountants - 0.017 Acres, More or Less, Permanent Bikepath Easement and a 0.057 Acres, More or Less, Temporary Construction Easement • Ordinance 76 -09: Pizzuti Land LLC - 0.006 Acres, More or Less, Permanent Bikepath Easement and a 0.054 Acres, More or Less, Temporary Construction Easement • Ordinance 77 -09: Pinnacle Dublin Limited Liability Company - 0.016 Acres, More or Less, Permanent Bikepath Easement and a 0.065 Acres, More or Less, Temporary Construction Easement • Ordinance 78 -09: Two Metro Place Partners LLC - 0.011 Acres, More or Less, Permanent Bikepath Easement and a 0.190 Acres, More or Less, Temporary Construction Easement Memo re. Ordinances 66 -09 - 80 -09 Bikepath Easement Dedications - Metro Place Bikepath November 12, 2009 Page 3 of 3 • Ordinance 79 -09: BRE /ESA Properties LLC - 0.019 Acres, More or Less, Permanent Bikepath Easement and a 0.097 Acres, More or Less, Temporary Construction Easement • Ordinance 80 -09: Eastrich No. 167 Corporation - 0.032 Acres, More or Less, Permanent Bikepath Easement and a 0.144 Acres, More or Less, Temporary Construction Easement RECOMMENDATION: The Law Department recommends approval of Ordinance Nos. 66 -09 through 80 -09 at the second reading /public hearing on December 7, 2009. CITY OF DUBLIN DEPARTMENT OF DEVELOPMENT DIVISION OF ENGINEERING 5800 Shier Rings Road • Dublin, Ohio 43016 -1236 Phone (614)410 -4600 • Fax (614)761 -6506 07- 010 -CIP METRO PLACE NORTH & SOUTH BIKE PATH & STREET LIGHT IMPROVEMENTS S.R. 161 i. ,r ;), dn Q� so I c d CD 0 0 0 p� / -fL j 600 'A� 472 570 '� 500 600 w� 655 y 565 Tv— �� o J — 54 5 cp 0— ' 450 �' G 7' ! cr ° - 0 0 I 400 ,� I tj 495 ®I o L 0 0 -- Tn n ® ®�4L 485 0 1 0 DRAWN CHECKED DATE: JOB NO. MSS KBR 10 -23 -09 07- 010 -CIP ,._ 4W 2W 0 4W 0 a 0 z a LL- li 455 LJ CITY OF DUBLIN DEPARTMENT OF DEVELOPMENT DIVISION OF ENGINEERING 5600 Shier Rings Road • Dublin, Ohio 43016 -1236 Phone (614)410 -4600 • Fax (614)761 -6506 07- 010 —CIP METRO PLACE NORTH & SOUTH BIKE PATH & STREET LIGHT IMPROVEMENTS 435 METRO PLACE SOUTH HPTRI PROPERTIES TRUST 485 METRO PLACE SOUTH McCORMICK WESTPOINT METRO LAKES, LLC AND AFFILIATED COMPANIES RESERVES ALONG FRANTZ ROAD METROCENTER OWNERS ASSOCIATION, INC 655 METRO PLACE SOUTH METROCENTER OFFICE INVESTMENT. LLC 495 METRO PLACE SOUTH 495 METRO PLACE, LLC 545 METRO PLACE SOUTH 545 METRO PLACE, LLC 6275 FRANTZ ROAD JP MORGAN CHASE BANK. N.A. 570 METRO PLACE NORTH 570 METRO PLACE NORTH LIMITED PARTNERSHIP 600 METRO PLACE NORTH DUBLIN METRO HOTEL, LLC 535 METRO PLACE SOUTH THE OHIO SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS METRO PLACE SOUTH PIZZUTI LAND, LLC 500 METRO PLACE NORTH PINNACLE DUBLIN LIMITED LIABILITY COMPANY 565 METRO PLACE SOUTH TWO METRO PLACE PARTNERS, LLC 450 METRO PLACE NORTH BRE /ESA PROPERTIES, LLC 400 METRO PLACE NORTH EASTRICH NO.167 CORPORATION DRAWN CHECKED DATE: JOB NO. I MSS KBR 10 -23 -09 07- 010 —CIP EXHIBIT DESCRIPTION of f� 0.062 ACRES PERMANENT EASEMENT PARCEL for BIKE PATH PURPOSES across the lands of HPTRI CORPORATION Situate in the State of Ohio, County of Franklin, and City of Dublin, being a part of Virginia Military Survey Number 2419, being a part the 4.077 acres described as part of Lot 4 of Metrocenter as the same is delineated in Plat Book 55, Pages 8 and 9, this and all further references being to the records of the Recorder's Office, Franklin County, Ohio, and conveyed to HPTRI Corporation (Grantor) of record in Official Record Volume 31640, Page A07; Beginning at an iron pin called and found at the northwesterly corner of the said 4.077 acres parcel of the HPTRI Corporation, also being the northeasterly comer of the 7.034 acres MCCORMICK WESTPOINTE METRO LAKES, LLC, etal., of record in Instrument Number 2008063000100468, in the southerly right of way line of Metro Place South (sixty feet wide), and the true point of beginning of the 0.062 acres bike path permanent easement parcel being described; thence, easterly 164.45 feet on the arc of a curve to the left with the said southerly Metro Place South right of way line, whose radius is 679.99 feet, whose central angle is 13' 51' 23" and whose chord bears North 71' 42' 13" East a chord distance of 164.05 feet to a point of reverse curve; thence, easterly 180.18 feet on the are of a curve to the right with the said southerly Metro Place South right of way line, whose radius is 969.98 feet, whose central angle is 10' 38' 38" and whose chord bears North 70' 05' 05" East a chord distance of 179.92 feet to an iron pin found at a point in the Grantor's easterly line and the westerly line of property conveyed to Metrocenter Owners Association, Inc., of record in Deed Volume 3719, Page 325; thence, South 06' 03' 23" East, with the said Metrocenter Owners Association, Inc. westerly line and Grantor's said easterly line, a distance of 11.15 feet to a point; thence, westerly 176,50 feet on the arc of a curve to the left, leaving said the Metrocenter Owners Association, Inc. westerly line and crossing the Grantor's lands, whose radius is 972.27 feet, whose central angle is 10' 24' 05" and whose chord bears South 70' 10' 23" West a chord distance of 176.26 feet a point; thence, South 71' 29' 14" West, continuing westerly across the Grantor's property on a non - tangential line from the previous curve, a distance of 57.28 feet a point; thence, South 76' 06' 24" West, continuing across the Grantor's lands, a distance of 57.28 feet a point; thence, South 76' 13' 14" West, continuing across the Grantor's lands, a distance of 51.61 feet a point in the easterly line of said MCCORMICK WESTPOINTE METRO LAKES, LLC. etal., and the said Grantor's westerly line; thence, North 06' 03' 22" West, with the said MCCORMICK WESTPOINTE METRO LAKES, LLC. etal., easterly line, and the said Grantor's westerly line, a distance of 2.37 feet a point to the true point of beginning of the bike path permanent easement parcel being described. The parcel, as described above, contains 0.062 acres, more or less. The basis of bearing is NAD83 (1986) using Franklin County Engineer Monuments and in Ohio State Plane Coordinates, South Zone (3402). This description is prepared from a field survey conducted by URS, Inc. in October, 2007, under my counsel and advice. A plat of this description is attached to this document as Exhibit A and made a permanent part thereof. i I 1 �paeaooaeaea� OF R r M. Smith P.S., P.E. '40GER M. Ohio Registered Surveyor WITH S -6899 8699 L: \Projects\ 14575996 \CIVIL \SURVEY\DESCRIPTIONS(revl )\2PARCEL -P(rev 1).doc 1013/2008, 10:03:29 AM Page I of 1 Bike Path 0.062 Ac. Permanent Easement HPTRI Corporation 2 City of Dublin County of Franklin State of Ohio Virginia Military vey 241 . � S06'03'23 "E ,L= 10'38'3 IPF R 8 L� = 9 780.1 . q' 1 26 g= N $0 "E 179.9 ' / OJT C = 179.92 Metrocenter Owiers Association, Inc. P.I.D. 273 - 00119 True R - 64.45' -ChBrg= N7V4213 „ E -PD�� i C = 164.05' 9 9 D= 10'24'05” of Be innin — R = 972.27' :)F S71'2914 W ChBrg =S7010 22 S76'O6'24' 6 57.28' 57.28' S 3'14 "W 51.61' N 06'03' 22 "W 2.37' Existing Public Utilities Easement Plat Book 55, Page 8 n �M 3 " w � m 0 O J Z O 00 W w o I n LL4 o aoa>� 0 o O I 0 Do o M Do 0 n 0 P.S.; P. HPTRI Corporation P.I.D. 273 - 001312 O.R. 31640 Pg. A07 4.077 Ac. D.B. 3719, Pg. 325 Metrocenter 1 Reserve "D" 1 P.B. 55, Pg. 8 Existing ublic l Utilities sement Plot Book 55, Page 8 . 1 1 1 GRAPHIC SCALE 60 0 30 60 I IN FEET LEGEND ) 1 inch = 60 ft. OIPF — IRON PIN FOUND ® NEW EASEMENT / AREA 0.062 Ac. �oY OF Oo P o / SMITH 5, AID ! ' -�► / -SUR VEYeR PROJECT: DUBLIN METROCENTER BIKE PATH SUBJECT: HPTRI PERM. BIKE PATH ESMT. BY: RMS CHECKED: JCS JOB NO.:14575996 D ATE: 3 OCT 08 EXHIBIT "A" ARCHITECTS • ENGINEERS • PLANNERS 277 WEST NATIONWIDE BOULEVARD COLUMBUS. OH 43215 Tel: 614 -464 -4500 DESCRIPTION of a 0.115 ACRES TEMPORARY EASEMENT PARCEL for BIKE PATH PURPOSES across the lands of HPTRI CORPORATION Situate in the State of Ohio, County of Franklin, and City of Dublin, being a part of Virginia Military Survey Number 2419, being a part the 4.077 acres described as part of Lot 4 of Metrocenter as the same is delineated in Plat Book 55, Pages 8 and 9, this and all further references being to the records of the Recorder's Office, Franklin County, Ohio, and conveyed to HPTRI Corporation (Grantor) of record in Official Record Volume 31640, Page A07; Beginning at an iron pin called and found at the northwesterly corner of the said 4.077 acres parcel of the HPTRI Corporation, also being the northeasterly comer of the 7.034 acres McCormick Westpointe Metro Lakes, LLC. of record in Instrument Number 2008063000100468, in the southerly right of way line of Metro Place South (sixty feet wide), thence South 06° 03' 22" East , a distance of 57.28 feet a point, the true point of beginning of the 0.115 acres bike path temporary easement parcel being described; thence, easterly leaving the west line of said Grantor the following three courses: 1) North 76° 13' 14" East a distance of 51.61 feet a point; 2) North 76 06' 24" East a distance of 57.28 feet a point; 3) North 71' 29' 14" East a distance of 57.28 feet a point of curvature; thence, easterly 176.50 feet on the are of a curve to the right, whose radius is 972.27 feet, whose central angle is 10° 24' 05" and whose chord bears North 70° 10' 23" East a chord distance of 176.26 feet to a point in the Grantor's easterly line and the westerly line of property conveyed to Metrocenter Owners Association, Inc., of record in Deed Volume 3719, Page 325, of record in Deed Volume 3719, Page 325; thence, South 06° 03' 23" East a distance of 17.60 feet with the said Metrocenter Owners Association, Inc. westerly line and Grantor's said easterly line to a point; thence, westerly leaving the west line of said Metrocenter Owners Association, Inc. and through said Grantor's property the following eight courses: 1) South 69° 01' 35" West a distance of 96.91 feet a point; 2) South 81° 23' 01" West a distance of 13.33 feet a point; 3) South 69° 07' 48" West a distance of 55.54 feet a point; 4) North 24° 24' 44" West a distance of 8.39 feet a point; 5) South 67° 48' 34" West a distance of 30.39 feet a point; 6) South 74° 52' 33" West a distance of 51.85 feet a point; 7) South 77° 05' 36" West a distance of 51.04 feet a point; South 78° 49' 08" West a distance of 40.80 feet a point in the easterly line of McCormick Westpointe Metro Lakes, LLC and said Grantor's westerly line; thence, North 06° 03' 22" West, with the said McCormick Westpointe Metro Lake, LLC. easterly line, and the said Grantor's westerly line, a distance of 6.89 feet to the true point of beginning of the bike path temporary easement parcel being described. The parcel, as described above, contains 0.115 acres, more or less. The basis of bearing is NAD83 (1986) using Franklin County Engineer Monuments and in Ohio State Plane Coordinates, South Zone (3402). This description is prepared from a field survey conducted by URS, Inc. in October, 2007, under my guidance and advice. A plat of this description is attached to this document as Exhibit A and made a permanent part thereof. rcm— Ro M. Smith /� MI. P.S., P.E. J Sly/ fJ Ohio Registered Surveyor S -6899 6f L:\ Projects\ 14575996 \CNIL \SU RV EYOESCRIPTIONS(rev 1)\2 PARCEL-T(rev I ). doc 10115/2008 7:42 AM Page 1 of 1 Bike Path 0.115 Ac. Temporary Easement HPTRI Corporation City of Dublin County of Franklin State of Ohio Virginia Military Survey 2419 6 i /= 977127' rg =N70't O "E C = 176.26 Cr �0 PVPrE / N76'06'24 "E 57.2 N757284 °E ' � i ` / / Q' Bock of Curb N76'13'14 " E Parking Lot 57.61 0. S69'07'35 "W S81'23'01 "W 96.91' S69'07'48 "W 13.33' F= N06'039 8' 22 "W 55.54' T oint rue P N24' W of Beginning 567'48'34 "W 506'03'22 "E 0.114 Acres 30.39' Existing Easement 2.37 574'52'33 "W Plat Book 55, Page 8 578'49'08 "W 51.85' 40.80' S77'05'36 "W 51.04' LEGEND ® TEMP EASEMENT O AREA 0.715 Ac. F > S -p ra y NOp J� Z � N � J [n o oor rn x � r^ N 0 HPTRI Corporation P.I.D. 273 - 001312 O.R. 31640 Pg. A07 4.077 Ac. City of Dublin County of Franklin State of Ohio Virginia Military Survey 2419 GRAPHIC SCALE 60 4�w / (� s P. S., P. OHIO REGISTERE SURVEYOR— PROJECT: DUBLIN METROCENTER BIKE PATH SUBJECT: HPTRI TEMPORARY ESMT. BY: RMS CHECKED: JCS o S06'03'23 "E / O I I I Metrocenter Owners P.I.D. 273 - 001319 D.B. 3719, Pg. 325 Metrocenter I , Reserve "D" I P.B. 55, Pg. 8 I i ( I I 1 ( IN FEET) h = 60 ft. / JOB NO.:14575996 DATE: 14 OCT 08 EXHIBIT "A" ARCHITECTS • ENGINEERS • PLANNERS 277 WEST NATIONWIDE BOULEVARD COLUMBUS, OH 43215 Tel: 614 - 464 -4500 CITY OF DUBLIN DEPARTMENT OF DEVELOPMENT DIVISION OF ENGINEERING 5600 Shier Rings Road • Dublin, Ohio 43016 -1236 Phone (614)410 -4600 • Fax (614)761 -6506 07- 010 —CIP METRO PLACE NORTH & SOUTH BIKE PATH & STREET LIGHT IMPROVEMENTS 435 METRO PLACE SOUTH HPTRI PROPERTIES TRUST 485 METRO PLACE SOUTH McCORMICK WESTPOINT METRO LAKES, LLC AND AFFILIATED COMPANIES RESERVES ALONG FRANTZ ROAD METROCENTER OWNERS ASSOCIATION, INC 655 METRO PLACE SOUTH METROCENTER OFFICE INVESTMENT. LLC 495 METRO PLACE SOUTH 495 METRO PLACE, LLC 545 METRO PLACE SOUTH 545 METRO PLACE, LLC 6275 FRANTZ ROAD JP MORGAN CHASE BANK. N.A. 570 METRO PLACE NORTH 570 METRO PLACE NORTH LIMITED PARTNERSHIP 600 METRO PLACE NORTH DUBLIN METRO HOTEL, LLC 535 METRO PLACE SOUTH THE OHIO SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS METRO PLACE SOUTH PIZZUTI LAND, LLC 500 METRO PLACE NORTH PINNACLE DUBLIN LIMITED LIABILITY COMPANY 565 METRO PLACE SOUTH TWO METRO PLACE PARTNERS, LLC 450 METRO PLACE NORTH BRE /ESA PROPERTIES, LLC 400 METRO PLACE NORTH EASTRICH NO.167 CORPORATION DRAWN CHECKED DATE: JOB NO. I MSS KBR 10 -23 -09 07- 010 —CIP