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71-09 OrdinanceRECORD OF ORDINANCES Ordinance No. 71 -09 Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACCEPT THE DEDICATION OF A 0.048 ACRES, MORE OR LESS, PERMANENT BIKEPATH EASEMENT AND A 0.093 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM 545 METRO PLACE, 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 0.048 acres, more or less, permanent bikepath easement and a 0.093 acres, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit 'B" from 545 Metro Place, 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 0.048 acres, more or less, permanent bikepath easement and a 0.093 acres, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit 'B" from 545 Metro Place, LLC. Section 2 . This Ordinance shall take effect and be in force on the earliest date permitted by law. Passed this day of 2009. 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. Dehhty Clerk of Council, Dublin, Ohio EXHIBIT DESCRIPTION of a ' 0.048 ACRES PERMANENT EASEMENT PARCEL across the lands of the 545 METRO PLACE, LLC 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 5.290 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 545 Metro Place, LLC, (Grantor), of record in Instrument Number 200807140107610, said 0.048 acres permanent easement parcel for bike path purposes being more particularly described as follows: Beginning at a railroad spike called and found at a point of reverse curvature on the Metro Place South southerly right of way line whose chord bears North 86° 50' 35" East a chord distance of 43.44 feet to the northeast corner of said 545 Metro Place, LLC, said railroad spike being the true point of beginning of the 0.048 acres bikeway right of way parcel being described; thence, 43.44 feet easterly with the said Metro Place South southerly right of way line on a curve to the right, whose radius is 1119.98 feet, whose central angle is 02° 13' 20" and whose chord bears North 86° 50' 35" East a chord distance of 43.44 feet to a point at the northwesterly corner of Ohio Society of Certified Public Accountants, of record in D.B. 3793, Pg. 609, Lot 8, Amended Metrocenter Plat and the Grantor's northeasterly corner; thence, South 08° 17' 34" West, with the said Ohio Society of Certified Public Accountants westerly line and Grantor's easterly line, a distance of 3.03 feet to a point; thence, 42.78 feet westerly, leaving said Ohio Society of Certified Public Accountants westerly line and crossing the Grantor's lands, on a curve to the left, whose radius is 1117.00 feet, whose central angle is 02° 11' 40" and whose chord bears South 86° 49' 45" West a chord distance of 42.78 feet to a point of reverse curvature; thence, 64.I6 feet westerly continuing across the Grantor's lands on a curve to the right, whose radius is 482.97 feet, whose central angle is 07° 36' 43" and whose chord bears South 89° 32' 16" West a chord distance of 64.12 feet a point; thence, South 83° 13' 17" West, continuing across the Grantor's lands, a distance of 27.57 feet to a non - tangential point of curvature; thence, 81.00 feet westerly, continuing across the Grantor's lands on a curve to the right, whose radius is 488.57 feet, whose central angle is 09° 29' 55" and whose chord bears North 78° 43' 19" West a chord distance of 80.90 feet to a point; thence, North 68° 48' 42" West, continuing across the Grantor's lands, a distance of 34.93 feet to a non - tangential point of curvature; thence, 25.49 feet westerly, continuing across the Grantor's lands on a curve to the right, whose radius is 486.67 feet, whose central angle is 03 00' 03" and whose chord bears North 68° 22' 25" West a chord distance of 25.49 feet to a point; thence, North 62° 17' 38" West, continuing across the Grantor's lands, a distance of 39.95 feet to a non - tangential point of curvature; thence, 53.58 feet westerly, continuing across the Grantor's lands on a curve to the right, whose radius is 485.12 feet, whose central angle is 06° 19' 43" and whose chord bears North 59° 00' 02" West a chord distance of 53.56 feet to a point on the east line of 565 Metro LLC, of record in Instrument number 200707090119753 and said Grantor's west line; L:\Proje=\ 14575996 \CIVIL \SURVEY\DESCRIPTIONS(rev 1) \6PARCEL- P(rev1).doc 10/14/2008,1:44:40 PM Page 1 of 2 DESCRIPTION of a 0.048 ACRES PERMANENT EASEMENT PARCEL (cont'd) thence, North 35° 37' 41" East, with the said 565 Metro LLC easterly line and the Grantor's said westerly line, a distance of 5.13 feet to a point at the northeasterly corner of the said 565 Metro LLC 5.750 acres and the Grantor's northwesterly comer at a point in the Metro Place South southerly right of way line; thence, 321.83 feet easterly with the said Metro Place South southerly right of way line on a curve to the left, whose radius is 479.99 feet, whose central angle is 38° 24' 59" and whose chord bears South 75° 03' 36" East a chord distance of 315.84 feet to the true point of beginning of the bike path right of way parcel being described. The parcel, as described above, contains 0.048 acres, more or less, of which 125.83 square feet at the westerly extreme of the above described easement is not within the platted easement. 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. �P�E gl F Ob Rog . Smith * . /�— P.S., P.E. OER PA. Ohio Registered Surveyor s ; WITH S -6899 L�'.�"F9 L:Trojecul 14575996 1CIVIUSURVEYIDESCRIPTIONS (rev]) \6PARCEL -P(rev 1).doc 10/142008 1:44 PM Page 2 of 2 Bike Path 0.048Ac. Permanent Easement 545 Metro Place, LLC City of Dublin County of Franklin State of Ohio Virginia Military Survey 2419 555 Metro LLC P.I.D. 273 - 001344 -00 \ \ \ Instr:200608040153877 5.635 Ac. 565 Metro LLC P.I.D. 273-001702 I n s t r: 200707090119753 5.750 Ac. L_1 0 Metro Place North, LLC P.I.O. 273-001343-00 In str: 200511280249099 N35'371 41 11 E 6.013 Ac. 5.13' 0.048 Ac. 3 8'24' 58 42g 8r. * ' SOUTH 15.84' 6 W — — 8=48 8.57' ChBrg L N81 00' N78 - C °80.90' W N68'48'42 "W J A= 06'19'43" R= 485.12' L= 53.58' ChBrg= N59'00'02 "W C= 53.56' N62'17'38 "W 39.95' 34.93' - Q= 03'00'03" R= 486.67' L= 25.49' ChBrg= N68'22'25 "W C= 25.49' O 545 METRO PLACE, LLC P.I.O. 273 - 009718 -00 Instr:200807140107610 5.290 Ac. `-508'17'34 "W _ 3.03' Ex. Utility Easement Plot Book 59, Page 8 &9 A=02'1 1'40" R =1 117.00' L= 42.78' rg= S86'49'45 "W C= 42.78' O Ohio Society of Certified Public Accountants P.I.D. 273-001701 D.B. 3793, Pg. 609 Lot 8, Amended Metrocenter Plat 2.906 Ac. ROGER'M. • - *'- PIN SMITH ROAD * * NEY (30�widPPrivPte) .% 4 6899 /7 si�„,csQ GRAPHIC SCALE — - Point of Beginning i 0 =02 T R =1 1 19.98' L= 43.44' C= 43.44' R= 482.97 — L= 64.16' Brg= S89'32' 16 "E C= 64.12' 583'13'17 "W 27.57' '77O L so o ao eo LEGEND ARRSF - RAILROAD SPIKE FOUND ROG M. SMITH 1 vf EASEMENT P.S., P.E. OHIO REGISTERED SURVEYOR ( IN FEET) ®NEW AREA 0.048 Ac. S -6899 1 inch = 80 ft. PROJECT: DUBLIN METROCENTER BIKE PATH JOB NO.:14575996 SUBJECT: 545 METRO PLACE, LLC DATE: 17 OCT 08 ARCHITECT • PLANNERS 277 WEST NATIONMADE BOULEVARD BY: RMS CHECKED: JCS EXHIBIT "A" COLUMBUS, OH 43215 Tel: 614 -464 -4500 Point of Beginning i 0 =02 T R =1 1 19.98' L= 43.44' C= 43.44' R= 482.97 — L= 64.16' Brg= S89'32' 16 "E C= 64.12' 583'13'17 "W 27.57' y EXHIBIT DESCRIPTION 9 of a 0.093 ACRES TEMPORARY EASEMENT PARCEL for BIKE PATH PURPOSES across the lands of 545 METRO PLACE, LLC 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 5.290 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 545 Metro Place, LLC,(Grantor of this easement), of record in Instrument number 200807140107610, said 0.093 acres parcel for bike path purposes being more particularly described as follows: Beginning at a railroad spike called and found at a point of reverse curvature on the Metro Place South right of way line, thence a chord bearing North 86° 50' 35" East a chord distance of 43.44 feet to the northeast comer of said 545 Metro Place, LLC, and the northwest corner of Ohio Society of Certified Public Accountants, of record in D.B. 3793, Pg. 609, Lot 8, Amended Metrocenter Plat, thence South 08° 17' 34" West a distance of 3.03 feet to the true point of beginning of the 0.093 acres bike path temporary easement parcel being described; thence, southerly with the said Ohio Society of Certified Public Accountants west line and said Grantor's east line South 08° 17' 34" West a distance of 8.58 feet to a point; thence, leaving the westerly line of said Ohio Society of Certified Public Accountants west line and through said Grantor's property the following eleven (11) courses: 1) South 89° 10' 08" West a distance of 7.79 feet a point; 2) South 84° 13' 01" West a distance of 17.28 feet a point; 3) South 56° 21' 14" West a distance of 29.60 feet a point; 4) North 83° 24' 40" West a distance of 34.69 feet a point; 5) North 79° 10' 12" West a distance of 57.77 feet a point; 6) North 82 39' 58" West a distance of 23.22 feet a point; 7) North 76° 53' 59" West a distance of 53.27 feet a point; 8) North 67 28' 12" West a distance of 53.12 feet a point; 9) North 65° 19' 52" West a distance of 65.27 feet a point; 10) South 84° 19' 25" West a distance of 19.35 feet a point; 11) North 43° 48' 12" West a distance of 22.56 feet to a point on the east line of 565 Metro LLC, of record in Instrument number 2007070901 I9753 and said Grantor's west line; thence, northerly with the said 565 Metro LLC east line and said Grantor's west line North 35° 37' 41" East a distance of 15.70 feet to a point; thence, leaving the easterly line of said 565 Metro, LLC, the Grantor's westerly line, and through said Grantor's property 53.58 feet on the are of a curve to the left, whose radius is 485.12 feet, whose central angle is 06° 19' 43" and whose chord bears South 59° 00' 02" East a chord distance of 53.56 feet to a point; thence, easterly South 62° 17' 38" East a distance of 39.95 feet a point of curvature; thence, 25.49 feet on the are of a curve to the left, whose radius is 486.67 feet, whose central angle is 03° 00' 03" and whose chord bears South 68 22' 25" East a chord distance of 25.49 feet to a point; thence, easterly South 68° 48' 42" East a distance of 34.93 feet to a point of curvature; thence, 80.99 feet on the arc of a curve to the left, whose radius is 488.57 feet, whose central angle is 09° 29' 55" and whose chord bears South 78 43' 19" East a chord distance of 80.90 feet to a point; L:% Projects\ 14575996 \CIVIL% SURVEY\ DESCRIPTIONS(revl)\6PARCELT(rev 1). doc 10 /15/2008 8:30 AM Page 1 of 2 DESCRIPTION of a 0.093 ACRES TEMPORARY EASEMENT PARCEL for BIKE PATH PURPOSES across the lands of 545 METRO PLACE, LLC thence, easterly North 83 13' 17" East a distance of 27.57 feet to a point of curvature; thence, 64.16 feet on the are of a curve to the left, whose radius is 482.97 feet, whose central angle is 07° 36' 43" and whose chord bears North 89° 32' 16" East a chord distance of 64.12 feet to a point of reverse curvature; thence, 42.78 feet on the arc of a curve to the left, whose radius is 1117.00 feet, whose central angle is 2° 11' 40" and whose chord bears North 86° 49' 45" East a chord distance of 42.78 feet to the true point of beginning of the temporary easement parcel being described. The parcel, as described above, contains 0.093 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 advice and guidance. A plat of this description is attached to this document as Exhibit A and made a permanent part thereof. NpBEN M. Rog . Smlt C' iMITN P.S., P.E. l �r 6898 Ohio Registered Surveyor i S -6899 �1"Jaue•f��' LProjects\ 14575996 \CIVIL \SURVEY\DESCRtPTIONS(rev 1)\6PARCEL -T(rev 1).doc 10/15/2008 8:30 AM Page 2 of 2 Bike Path 0.093Ac. Temporary Easement 545 METRO PLACE, LLC City of Dublin County of Franklin State of Ohio Virginia Military Survey 2419 \ \ A= 06'19'43" R=485.12' L= 53.58' \ Ch6rg= S59'00'O2 "E \ A C= 53.56' 565 Metro LLC P.I.D. 273- 001702 I n s tr: 200707090119 753 5.750 Ac, N3537'41 "E- 15.70' N43'48'12 "W 22.56' S84'l 9'25 "W" 19.35' -f - --/ - N65'19 "52 "W'" 65.27' A =09 - 29'55" R= 488.57' L= 80.99' ChBrg= S78'43' 19 "E C= 80.90' 0.093 Ac. SOU N83 13 "E N 82'39'58 "W -/ 23.22' N79'10'12 "W 57.77' N83'24'40 "W -N76'53'59 "W 34.69' 53.27' 556'21'14 "W - 29.60' N67'28'12 "W 584'13'01 "W 53.12' 17.28' 1 545 METRO PLACE, LLC P.I.D. 273 - 009718 I n str: 200807140107610 5.290 Ac. A = 07'36'43" R= 482.97' L=64,16' ChBrg= N89'32' 16 "E C= 64.12' A= 02'11'40 R =111700' L= 42.78' ChBrg= N86'49'45 "E C= 42.78' 7 True Point Cof B eginning �S08 34 "W 8.58' Utility Easement Plot Book 59, Page 8 &9 589'10'08 "W 7.79' O Ohio Society of Certified Public Accountants P.I.D. 273- 001701 D.B. 3793, Pg. 609 Lot 8, Amended Metrocenter Plat 2.906 Ac. - - -- 1 1 GRAPHIC SCALE ROGER . SMITH s P.S., P. . 4:'?o OHIO REGISTERED SURVEYOR S -6899 PROJECT: DUBLIN METROCENTER BIKE PATH SUBJECT: 545 METRO PLACE TEMP ESMT BY: RMS CHECKED: JCS 80 0 40 80 LEGEND ®TEMP EASEMENT ( IN FEET) AREA 0.093 Ac. 2 inch = BO ft. JOB N).:14575996 URS DATE: 14 OCT 08 ARCHITECTS • ENGINEERS • PLANNERS 277 WEST NATIONWIDE BOULEVARD EXHIBIT "A" COLUMBUS. OH 43215 Tel: 614- 464 -4500 A = 03'00'03" R= 486.67' L= 25.49' ChBrg= S68'22'25 "E C= 25.49' E S62,) � 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