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67-09 Ordinance
RECORD OF ORDINANCES Ordinance No. Inc. 67 -09 Passed AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACCEPT THE DEDICATION OF A 0.031 ACRES, MORE OR LESS, PERMANENT BIKEPATH EASEMENT AND A 0.114 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM MCCORMICK WESTPOINTE METRO LAKES, LLC AND AFFILIATED COMPANIES. 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 0.031 acres, more or less, permanent bikepath easement and a 0.114 acres, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit "B" from McCormick Westpointe Metro Lakes, LLC; 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, _q_ 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 0.031 acres, more or less, permanent bikepath easement and a 0.114 acres, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit 'B" from McCormick Westpointe Metro Lakes, LLC. Section 2 . This Ordinance shall take effect and be in force on the earliest date permitted by law. Passed this `9 day of Lbe2eth61noPf- 1 2009. - 4 � I JA- I Mayor — Presiding Officer ATTEST: jY1i� Clerk of Council I 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. EXHIBIT DESCRIPTION of a 0.114 ACRES TEMPORARY EASEMENT PARCEL for BIKE PATH PURPOSES across the lands of McCORMICK WESTPOINTE METRO LAKES, LLC etal. 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 7.034 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 McCormick Westpointe Metro Lakes, LLC, etal(Grantor of this easement) of record in Instrument Number 2008063000100468, said 0.114 acres parcel for bike path purposes being more particularly described as follows: Beginning at an iron pin called and found at the Point of Curvature in the southerly right of way line of Metro Place South near the center of the said 7.034 acres parcel of said McCormick Westpointe Metro Lakes, LLC, etal; thence South 08° 17' 35" West a distance of 2.80 feet to a point, being the true point of beginning of the 0.114 acres bike path temporary easement parcel being described; thence, easterly 224.11 feet on the arc of a curve to the left, whose radius is 682.79 feet, whose central angle is 18° 48' 21" and whose chord bears North 88° 53' 25" East a distance of 223 -10 feet to a point; thence, North 76° 32' 55" East a distance of 9.97 feet to a point on the west line of HPTRI Corporation, of record in Official Record 31640, Page A07 and the Grantor's east line; thence, South 06° 03' 22" East a distance of 6.67 feet with the said HPTRI Corporation west line and Grantor's east line to a point; thence, westerly leaving said HPTRI Corporation west line and crossing through said Grantor's property the following twelve (12) courses: 1) South 78° 49' 08" West a distance of 9.93 feet to a point; 2) South 81 36' 10" West a distance of 51.51 feet to a point; 3) South 83° 46' 06" West a distance of 51.79 feet to a point; 4) South 89° 17' 00" West a distance of 52.07 feet to a point; 5) North 85° 12' 20" West a distance of 51.97 feet to a point; 6) North 81° 39' 45" West a distance of 64.03 feet to a point; 7) South 08° 57' 19" West a distance of 16.21 feet to a point; 8) South 89 04' 28" West a distance of 44.87 feet to a point; 9) North 00° 07'38" West a distance of 22.80 feet to a point; 10) North 83° 35' 18" West a distance of 39.00 feet to a point; 11) North 78° 09' 34" West a distance of 50.04 feet to a point; 12) North 85 58' 36" West a distance of 60.29 feet to a point in the easterly line of 495 Metro Place, LLC 5.382 acres parcel, of record in Instrument Number 200807140107611 and the Grantor's westerly line; thence, North 08° 17' 34" East along said 495 Metro Place 5.382 acres easterly line and the Grantor's said westerly line, a distance of 12.20 feet to a point; thence, South 81 ° 42' 26" East a distance of 242.02 feet to the true point of beginning of the bike path temporary easement parcel being described. The parcel, as described above, contains 0.114 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). L:\ Projects\ 14575996 \CIVIL \SURVEY\DESCRIPTIONS(rev I )\3PARCEL -T(rev 1).doc 10/15/2008 7:40 AM Page 1 of 2 DESCRIPTION of a 0.114 ACRES TEMPORARY EASEMENT PARCEL for BIKE PATH PURPOSES across the lands of McCORMICK WESTPOINTE METRO LAKES, LLC etal. This description is prepared from a field survey conducted by URS, Inc. in October, 2007, under my advice and guidance. A plat of this description is attached to this document as Exhibit A and made a permanent part thereof. Roger .Smith l �jCrlli P.S., P.E. Ohio Registered Surveyor S -6899 L9Projects\ 14575996 \CIVIL \SURVEY\DESCRIPTIONS(rev 1 )\3PARCEL -T(rev 1). doc 10/15/2008 7.40 AM Page 2 of 2 Bike Path 0.114 Ac. Temporary Easement MCCORMICK WESTPOINTE METRO LAKES, LLC etal City of Dublin County of Franklin State of Ohio Virginia Military Survey 2419 0 �� U Metro United LLC Metrocenter Office ° P.I.D. 273- 001703 Investment, LLC o N o2 rn Instr: 200610130205480 P.I.D. 273 - 001313 5.911 Ac. Begin n In Instr. 200709170163689 I Reference 6.327 Ac. ® Paint ¢` a 2 ©° N08'17'34 E`�"� - �� _ 2.20' S08'17'35'W w - -- Em�� of Beginning 2.80' souTH _ N76'32'55' E L= 18'48'21 - S81'42'26" _ R = 682.79' 9.9Z "E E _ 6 _� 1 506'03'22 -- ChBrg= N88'53'�5 "E _ 6 - _ '36 "W Al A C = 223.1_0 - - - - S7'49'08" U N85'5 60 29' N83'35'18 "W - - - - - 9.93' 39.00' - - S8 '36'10 "W N7 09'34 "W N00'07'38' "W 1.51' 0.04 ' 22.80' 589'17'00 "W S83' 6'06 "W ® "W N81'39'45 "W 52.07' 5179' 589'04'28 64.03' N85'12'20 "W 44.87' S08'57'19 "W 51.97' 16.21' Existing Utility Easement E Plat Book 59, Page8 &9 2 O O ° MCCORMICK WESTPOINTE o M METRO LAKES, LLC etal w P.I.D. 273 - 004290 ° ° w Instr: 2008063000100468 J N CV 7. 034 Ac 495 Metro Place, LLC P.I.D. 273-004289 GRAPHIC SCALE 6 Instr: 200807140107611 0 5.382 Ac. LEGEND 8 0 40 80 v TEMP EASEMENT _ c AREA 0.114 Ac. o ( IN FEET ) 1 inch = 80 ft. -- - - - - --LT-�: ROGE . SMITH Aso P. S., .E. n OHIO REGISTERED SURVEYOR 6 S -6899 AYE PROJECT: DUBLIN MICROCENTER BIKE PATH JOB NO.:14575996 URS 'o SUBJECT:M000RMICK WESTPOINTE TEMP ESMTDATE: 14 OCT 08 ARCHITECTS • ENGINEERS • PLANNERS 277 WEST NAnONWDE BOULEVARD' BY: RMS CHECKED: JCS EXHIBIT "A" COLUMBUS, OH 43215 Tel: 614- 464 -4500 DESCRIPTION of a 0.031 ACRES PERMANENT EASEMENT PARCEL for BIKE PATH PURPOSES across the lands of MCCORMICK WESTPOINTE METRO LAKES, LLC. etal. 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 7.034 acres described as part of Lot 4 of Metrocenter as the same is delineated in Plat Book 55, Pages 8 and 9, and Plat Book 57, Page 36, this and all further references being to the records of the Recorder's Office, Franklin County, Ohio, and conveyed to MCCORMICK WESTPOINTE METRO LAKES, LLC, etal., Grantors, of record in Instrument Number 2008063000100468, said 0.031 acres permanent easement parcel for bike path purposes being more particularly described as follows: Beginning at an iron pin called and found at the point of curvature of the southerly right of way line of Metro Place South near the center of the said 7.034 acres parcel of the MCCORMICK WESTPOINTE METRO LAKES, LLC, etal. and the true point of beginning of the 0.031 acres bike path permanent easement parcel being described; thence, easterly 233.33 feet on the are of a curve to the left with the said Metro Place South southerly right of way line, whose radius is 679.99 feet, whose central angle is 19° 39' 37" and whose chord bears North 88 27' 47" East a distance of 232.19 feet to an iron pin called and found at the Grantors' northeasterly corner and the northwesterly corner of HPTRI Corporation, of record in Official Record 31640, Page A07; thence, South 06° 03' 22" East with the said HPTRI Corporation west line and Grantors' east line, a distance of 2.37 feet to a point; thence, South 76° 32' 55" West, leaving the said HPTRI Corporation west line and crossing the Grantors' lands, a distance of 9.97 feet a non - tangential point of curvature; thence, westerly 224.11 feet across the said Grantors' property on the are of a curve to the right, whose radius is 682.79 feet, whose central angle is 18° 48' 21" and whose chord bears South 88° 53' 25" West a distance of 223.10 feet a point; thence, North 81° 42' 26" West, continuing across the said Grantors' lands, a distance of 242.02 feet a point in the easterly line of 495 Metro Place, LLC, 5.382 acres parcel, of record in Instrument Number 200807140107611 and the Grantors' westerly line; thence, North 08 17' 34" East along said 495 Metro Place, LLC, 5.382 acres easterly line and the Grantors' said westerly line, a distance of 2.80 feet to a point on the southerly right of way line of said Metro Place South; thence, South 81 42' 26" East, along the said Metro Place South southerly right of way line, a distance of 242.02 feet to the true point of beginning of the bike path permanent easement parcel being described. The parcel, as described above, contains 0.031 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. 0 00so R r . Smith �yf P E. ROGERM g o ° SMITH j $ Ohio Registered Surveyor S -6899 Q80S ° _HVri L:\Projecu\ 14575996 \CIV IL\S U RVEY\DESCRIPTIONS(rev 1)\3 PARCEL -P(rev I ).doc 10/3/2008,30:22:35 AM Page I of I Bike Path 0.031 Ac. Permanent Easement MCCORMICK WESTPOINTE METRO LAKES, LLC etal City of Dublin County of Franklin State of Ohio Virginia Military Survey 2419 Metrocenter Office Investment, LLC Metro United LLC P.I.D. 273- 001313 -00 1 P.I.D. 273-001703 nstr200709170163689 Instr: 200610130205480 6.327 Ac. 5.911 Ac. N81 8'17'34 "E ® 2.80' �o °O ^ J I � M o U N O O V •1' U ao�Q o I CO O C N y n 00 M � N N t!j � O AT on Company P.I.D. 273- 004075 .R.Voi.11168 Pg.E04' 1 Ac. I I I ©� I of Beginnm D= 19'39' 26 'E L = 233.33' _ g C g = 232.19 1 188 97 „ E IPF / R Ch8rg =S88 53� .45 "W C = 223.10 0.031 Ac. �— Existing Utility Easement O Plot Book 59, Page8 &9 MCCORMICK 3 WESTPOINTE METRO LAKES, LLC etal P.I.D. 273 - 004290 -00 I n str: 2008063000100468 7.034 Ac. S06'03 22 E 2.37' 576'32'55 "W 9.97' v w� J c:, W O l � Co �o °c w � N � 10 wide Existing Easemeni _ Coumb Gos,0.B.31]7,P�163 — — — — — — —�_ — 25 EasemenT = 3 5; 4 - Pg �7 LEGEND O IPF — IRON PIN FOUND NEW EASEMENT AREA 0.031 Ac ROGER M. * SMITH 1 8889 i 96,k$ ROGEWM. SMITH j ci Qg VIE P. S., P. E.. OHIO REGISTERED SURVEYOR S -6899 GRAPHIC SCALE i 100 0 50 100 ( IN FEET ) 1 inch = 100 ft. a V PROJECT: DUBLIN MICROCENTER BIKE PATH JOB NO.:14575996 SUBJECT: MCCORMICK WESTPOINTE PERM ESMTDATE: 3 OCT 08 BY: RMS CHECKED: JCS EXHIBIT "A" ARCHITECTS • ENGINEERS • PLANNERS 277 WEST NATIONWIDE BOULEVARD COLUMBUS, OH 43215 Tel: 614- 464 -4500 � 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