69-09 OrdinanceRECORD OF ORDINANCES
Ordinance No. 69-09 Passed
20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTATION
TO ACCEPT THE DEDICATION OF A 0.029 ACRES, MORE
OR LESS, PERMANENT BIKEPATH EASEMENT AND A 0.125
ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION
EASEMENT FROM METROCENTER OFFICE INVESTMENT,
LLC.
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 0.029 acres,
more or less, permanent bikepath easement and a 0.125 acres, more or less, temporary
construction easement in and to the premises described in the attached Exhibit "A" and
Exhibit 'B" from Metrocenter Office Investment, 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, 17--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 0.029 acres, more or less,
permanent bikepath easement and a 0.125 acres, more or less, temporary construction
easement in and to the premises described in the attached Exhibit "A" and Exhibit 'B"
from Metrocenter Office Investment, LLC.
Section 2 . This Ordinance shall take effect and be in force on the earliest date
permitted by law.
Passed this day of f? i ��1/ , 2009.
Mayor - Presiding Officer
ATTEST:
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.
Vuty Clerk of Council, Dublin, Ohio
DESCRIPTION
of a
0.029 ACRES PARCEL
for
BIKE PATH PURPOSES
across the lands of
Metrocenter Associates
EXHIBIT
A
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 14.968 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 Metrocenter Associates (Grantor Of this easement), of
record in Official Record Volume 04940 Pg. 1312, said 0.029 acres parcel for bike path
purposes being more particularly described as follows:
Beginning at an iron pin called and found at the Point of Compound Curvature in
the easterly right of way line of Metro Place South at Station 28 +41.44, thence North
59° 16'06" West a distance of 60.00 feet to an iron pin called and not found at the Point of
Compound Curvature in the westerly right of way line of said Metro Place South,
northeast comer of the said 14.968 acres parcel of the said Metrocenter Associates
(Grantor), and the true point of beginning of the 0.029 acres bike path permanent
easement parcel being described;
thence, southerly with the said Metro Place Southerly right of way line, 450.63
feet on the arc of a curve to the left, whose radius is 479.99 feet, whose central angle is
53° 47' 29" and whose chord bears South 03° 50' 10" West a chord distance of 434.26
feet to point at the northeast corner of Pizzuti Land Co. LLC, of record in Instrument
number 200008030154486 and the Grantor's southeast corner;
thence, westerly with the said Pizzuti Land Co. LLC north line and said Grantor's
south line South 55° 32' 08" East a distance of 2.86 feet to a point;
thence, northerly leaving said Pizzuti Land Co. LLC north line and through said
Grantor's property, 453.23 feet on the are of a curve to the right, whose radius is 482.79
feet, whose central angle is 53° 47' 14" and whose chord bears North 03 46' 01" East a
chord distance of 436.77 feet to a point on the south line of Dublin Metro Hotel LLC,
Parcel I. of record in Instrument number 20040602126722 and said Grantor's north line;
thence, easterly with the said Dublin Metro Hotel LLC, Parcel I south line and
said Grantor's north line South 71' 32' 27" East a distance of 2.87 feet to the true point
of beginning of the bike path right of way parcel being described. The parcel, as
described above, contains 0.029 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). Iron pins set will
be set upon completion of construction and will be 5 /8ths inch diameter rebar, thirty
inches long, set flush to surface with a yellow plastic identification cap. This description
is prepared from a field survey conducted by URS, Inc. in October, 2007, under my direct
supervision.
A plat of this description is attached to this document as Exhibit A and made a
permanent part thereof.
Roger M. Smith
P.S., P.E.
Ohio Registered Surveyor
S -6899
J9145759961CIV IDSURVE, YTLATBASETESCRIPTIONS 59PARCEL•RW Ldoc
3/14/2008 3:35 PM
Page 1 of 1
Bike Path 0.029Ac. Permanent Easement
METROCENTER ASSOCIATES
City of Dublin County of Franklin
State of Ohio
Virginia Military Survey 2419
Dublin Metro Hotel LLC /
P.I.D. 273 - 001704 /
\ Instr: 20040602126722 /
\ Parcel 1 /
4.430 Ac. /
S71 '32'27"E --�
2.87'
Proposed
Temporary
Construction /
Easement
i
J '/ — T ru e Point
0.029 Ac.
GRAPHIC SCALE
60 0 30 60
( IN FEET )
1 inch = 60 ft.
ROGER M. SMITH
P.S., P.E.
OHIO REGISTERED SURVEYOR
S -6899
Ex. Utility Easement
Plot Book 59,
Page 8 & 9
S55'32'08 "W
2.86'
4
J
d t
\
1
/ ® \ LEGEND
Pizzuti Land Co. LLC
P.I.D. 273 - 010449
In str: 200008030154486
6.344 Ac.
PROJECT: DUBLIN METROCENTER BIKE PATH JOB NO.:14575996
® NEW EASEMENT
AREA 0.029 Ac.
SUBJECT: METROCENTER ASSOC. EASEMENT DATE: 1D MAR 08 ARCHITECTS • ENGINEERS • PLANNERS
277 WEST NATIONVADE BOULEVARD
BY: RMS CHECKED: JCS EXHIBIT 11 A" COLUMBUS, OH 43215 T,i: 614 -464 -4500
o i OT Beginning
METROCENTER ASSOCIATES
CO
�
P.I.D. 273 - 002483
I
/
O.R. 04940 Pg. 612
I 1
14.968 Ac.
'
1
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L0 00 '<f
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0.029 Ac.
GRAPHIC SCALE
60 0 30 60
( IN FEET )
1 inch = 60 ft.
ROGER M. SMITH
P.S., P.E.
OHIO REGISTERED SURVEYOR
S -6899
Ex. Utility Easement
Plot Book 59,
Page 8 & 9
S55'32'08 "W
2.86'
4
J
d t
\
1
/ ® \ LEGEND
Pizzuti Land Co. LLC
P.I.D. 273 - 010449
In str: 200008030154486
6.344 Ac.
PROJECT: DUBLIN METROCENTER BIKE PATH JOB NO.:14575996
® NEW EASEMENT
AREA 0.029 Ac.
SUBJECT: METROCENTER ASSOC. EASEMENT DATE: 1D MAR 08 ARCHITECTS • ENGINEERS • PLANNERS
277 WEST NATIONVADE BOULEVARD
BY: RMS CHECKED: JCS EXHIBIT 11 A" COLUMBUS, OH 43215 T,i: 614 -464 -4500
EXHIBIT
DESCRIPTION Q
of a O
0.125 ACRES TEMPORARY EASEMENT PARCEL
for
BIKE PATH PURPOSES
across the lands of
Metrocenter Associates
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 14.968 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 Metrocenter Associates (Grantor of this easement), of
record in Official Record Volume 04940 Pg. B 12, said 0.125 acres parcel for bike path
purposes being more particularly described as follows:
Beginning at an iron pin called and found at the Point of Compound Curvature in
the easterly right of way line of Metro Place South at Station 28 +41.44, thence North
59 °16'06" West a distance of 60.00 feet to an iron pin called and not found at the Point of
Compound Curvature in the westerly right of way line of said Metro Place South,
northeast corner of the said 14.968 acres parcel of the said Metrocenter Associates
(Grantor) and the southeast corner of Dublin Metro Hotel LLC, Parcel 1, of record in
Instrument number 20040602126722the, thence North 71° 32' 27" West a chord distance
of 2.87 feet to the true point of beginning of the 0.125 acres bike path temporary
easement parcel being described;
thence, southerly 453.23 feet on the arc of a curve to the left, whose radius is
482.79 feet, whose central angle is 53 47' 14" and whose chord bears South 03° 46' 01"
West a chord distance of 436.77 feet to point on a common line with the northeast line of
Pizzuti Land Co. LLC, of record in Instrument number 200008030154486 and the
Grantor's southeast line;
thence, westerly with the said common line South 55° 32' 08" East a distance of
12.09 feet to a point;
thence, northerly leaving said common line and through said Grantor's property
the following Eleven
(11)
courses:
1) North 19°
14'
14"
West a distance of 42.83 feet to a point;
2) North 12°
39'
31"
West a distance of 61.98 feet to a point;
3) North 48°
40'
39"
West a distance of 33.72 feet to a point;
4) North 06
40'
27"
East a distance of 34.81 feet to a point;
5) North 26
09'
09"
East a distance of 24.53 feet to a point;
6) North 01°
45'
26"
East a distance of 69.26 feet to a point;
7) North 08°
52'
35"
East a distance of 52.91 feet to a point;
8) North 14
22'
01"
East a distance of 53.15 feet to a point;
9) North 20
34'
57"
East a distance of 52.27 feet to a point;
10) North 27°
49'
09"
East a distance of 32.98 feet to a point;
11) North 38
48'
11"
East a distance of 18.55 feet to a point on the south line of
said Dublin Metro Hotel
LLC,
Parcel 1, and said Grantor's north line;
thence, easterly with the said Dublin Metro Hotel LLC, Parcel 1 south line and
said Grantor's north line South 71° 32' 27" East a distance of 8.38 feet to the true point
of beginning of the temporary easement parcel being described. The parcel, as described
above, contains 0.125 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). Iron pins set will
be set upon completion of construction and will be 5 /8ths inch diameter rebar, thirty
inches long, set flush to surface with a yellow plastic identification cap. This description
is prepared from a field survey conducted by URS, Inc. in October, 2007, under my direct
supervision.
A plat of this description is attached to this document as Exhibit A and made a
permanent part thereof.
7:\[4575996 \CIV ILISURVEY\ PLATBASE \DESCRIPTIONS\9PARCEL -T.doc
3115/2008 11:04 AM
Page 1 of 2
DESCRIPTION
of a
0.125 ACRES TEMPORARY EASEMENT PARCEL
for
BIKE PATH PURPOSES
across the lands of
Metrocenter Associates
Roger M. Smith
P.S., P.E.
Ohio Registered Surveyor
S -6899
1: \14575996 \CIVIL \SURVEYIPLATBASE \DESCRIPTIONS \9PARCEL -T.doe
3/15/2008 1 1:04 AM
Page 2 of 2
Bike Path 0.125 Ac. Temporary Easement
METROCENTER ASSOCIATES
City of Dublin County of Franklin
State of Ohio
Virginia Military Survey 2419
10
\ \ Dublin Metro Hotel LLC
P.I.D. 273 - 001704
Instr: 20040602126722
Parcel 1 /
4.430 Ac.
\ S71'32'27 "E
8.38' /
S06'40'27 "W
34.81'
GRAPHIC SCALE
60 0 30 60
( IN FEET )
1 inch = 60 ft.
ROGER M. SMITH
P. S., P. E.
OHIO REGISTERED SURVEYOR
S -6899
PROJECT: DUBLIN METROCENTER BIKE PATH
S48'40'39 "E l-�
33.72'
0. 125 Ac.
n-
\ t
z,
S55'32'08 "W
12.09'
N
U
nd
Pizzuti Land Co. LLC
P.I.D. 273 - 010449
Instr: 200008030154486
6.344 Ac.
JOB NO.:14575996
7 /
Re rence /Point
o Begin ing
True Point
of Beginning
J
l J
1
1
t
21
I
1
I
t
t
\ LEGEND
r////A NEW EASEMENT
AREA 0.125 Ac.
SUBJECT: METROCENTER ASSOC. EASEMENT DATE: 10 MAR 08 ARCHITECTS ENGINEERS • PLANNERS
277 WEST NATIONWIDE BOULEVARD
BY: RMS CHECKED: JCS EXHIBIT "A" COLUMBUS. OH 43215 Tel: 614- 464 -4500
\ \
SS 8= 4&'11
S27'49'09 W
32.9$
/ n /
N
= N
/ � J
J
MUROCENTER
P.I.D. 273-002483
/
O.R. 04940 Pg. B12
M J r
14.968 Ac. !
t
Z 3
rn � "rte
N t N on
in CN z a Jill
I
in CN a
Ex. Utility Easement
z
m
Plat Book 59,
Page 8 & 9
S26 w
I w 1
24.53'
Q
I
J
S06'40'27 "W
34.81'
GRAPHIC SCALE
60 0 30 60
( IN FEET )
1 inch = 60 ft.
ROGER M. SMITH
P. S., P. E.
OHIO REGISTERED SURVEYOR
S -6899
PROJECT: DUBLIN METROCENTER BIKE PATH
S48'40'39 "E l-�
33.72'
0. 125 Ac.
n-
\ t
z,
S55'32'08 "W
12.09'
N
U
nd
Pizzuti Land Co. LLC
P.I.D. 273 - 010449
Instr: 200008030154486
6.344 Ac.
JOB NO.:14575996
7 /
Re rence /Point
o Begin ing
True Point
of Beginning
J
l J
1
1
t
21
I
1
I
t
t
\ LEGEND
r////A NEW EASEMENT
AREA 0.125 Ac.
SUBJECT: METROCENTER ASSOC. EASEMENT DATE: 10 MAR 08 ARCHITECTS ENGINEERS • PLANNERS
277 WEST NATIONWIDE BOULEVARD
BY: RMS CHECKED: JCS EXHIBIT "A" 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
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j 600 'A� 472 570 '� 500
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® ®�4L 485 0 1 0
DRAWN CHECKED DATE: JOB NO.
MSS KBR 10 -23 -09 07- 010 -CIP
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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