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70-09 OrdinanceRECORD OF ORDINANCES Ordinance No. 70 -09 Passer( 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACCEPT THE DEDICATION OF A 0.034 ACRES, MORE OR LESS, PERMANENT BIKEPATH EASEMENT AND A 0.207 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM 495 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 0.034 acres, more or less, permanent bikepath easement and a 0.207 acres, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit 'B" from 495 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, r 7 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 0.034 acres, more or less, permanent bikepath easement and a 0.207 acres, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit "B" from 495 Metro Place, LLC. Section 2 . This Ordinance shall take effect and be in force on the earliest date permitted by law. Passed this 7%- day of J� P(J Q-nl t°y , 2009. " U, 1X Z " 1, - 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. DESCRIPTION of a 0.034 ACRES PERMANENT EASEMENT PARCEL for BIKE PATH PURPOSES across the lands of 495 METRO PLACE, LLC if j EXHIBIT 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 of 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 495 Metro Place, LLC (Grantor), of record in Instrument Number 200807140107611, said 0.034 acres permanent easement parcel for bike path purposes being more particularly described as follows: Beginning for reference at an iron pin called and found at the Point of Tangency in the southerly right of way line of Metro Place South (sixty feet wide); thence, South 81° 42' 26" East, with the said right of way line, a distance of 50.00 feet to a point at the northwesterly corner of the said 5.382 acres parcel of 495 Metro Place, LLC, and the true point of beginning of the 0.034 acres bike path permanent easement parcel being described, being also the northeasterly corner of the Ohio Society of Certified Public Accountants, of record in D.B. 3793, Pg. 609, referenced by Lot 8, Amended Metrocenter Plat, Plat Book 57, Page 36; thence, South 81° 42' 26" East, with the said Metro Place South southerly right of way line, a distance of 524.99 feet to a point at the northwest corner of MCCORMICK WESTPOINTE METRO LAKES, LLC, etal., of record in Instrument Number 2008063000100468 and the Grantor's northeasterly comer; thence, South 08° 17' 34" West, with the said MCCORMICK WESTPOINTE METRO LAKES, LLC, etal. westerly line and the Grantor's said easterly line, a distance of 2.80 feet to a point; thence, North 81° 42' 26" West, leaving said MCCORMICK WESTPOINTE METRO LAKES, LLC, etal. westerly line and crossing the Grantor's lands, a distance of 524.99 feet a point on the east line of said Ohio Society of Certified Public Accountants and said Grantor's west line; thence, northerly along said Ohio Society of Certified Public Accountants easterly line and said Grantor's west line North 08° 17' 34" East a distance of 2.80 feet to the true point of beginning of the bike path permanent easement parcel being described. The parcel, as described above, contains 0.034 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. Rog r . Smith 15 P.S., P.E. Ohio Registered Surveyor ROGER I11. S -6899 WITH '999 . LAProjects \14575996 \CIV IL\SURVEYIDESCRIPTIONS(rev t)\4PARCEL -P(rev 1).doe 10/15/2008, 6:06:09 AM a Page 1 of 1 Bike Path 0.034Ac. Permanent Easement 495 Metro Place, LLC City of Dublin County of Franklin State of Ohio Virginia Military Survey 2419 525 Metro Place North, LLC P.I.D. 273- 001343 -00 Instr: 200511280249099 6.013 Ac. Be innin Metro United, LLC 9 9 P.I.D. 273 - 001703 fence Instr: 200610130205480 Point _ _ 5.911 Ac. True Point IPF 0 innl M _ 9 �g-- ET RO PLACE SOUTH —_ -H — 0.034 Ac. S » O '42'26"W — — — 524.99 N08'17'34 "E N81 ' - - 2.80' 52 4.99' EX. UTILITY EASEMENT S81 °42 '26 "E PLAT BK. 59, PAGE 8 &9 S08'1 7'34"W 50.00' 2.80' n 495 Metro Place, LLC P.I.D. 273 - 004289 -00 Instr: 200807140107611 5,382 Ac. LEGEND O IPF — IRON PIN FOUND (D Ohio Society of Certified Public Accountants P.I.D. 273- 001701 D.B. 3793, Pg. 609 Lot 8, Amended Metrocenter Plat 2.906 Ac. 4 E NEW EASEMENT a AREA 0.034 Ac. GRAPHIC SCALE 80 0 40 80 ( IN FEET ) 1 inch = 80 ft. '0'wi' Existingq Ecsernent Columbio Gos,D.B.3117,Pc.i68 9) MCCORMICK WESTPOINTE METRO LAKES, LLC etal P.I.D. 273-004290-00 Instr: 2008063000100468 7.034 Ac. ROGER M, cNITH e ROG M. SMITH �Sp • � S P.S., .E. OHIO REGISTERED SURVEYOR •.r S -6899 BVR VE'�OQ PROJECT: DUBLIN METROCENTER BIKE PATH JOB NO.14575996 SUBJECT: 495 ME TR O PLACE, LLC DATE: 3 OCT 08 BY: RMS CHECKED: JCS EXHIBIT "A" URS ARCHITECTS - ENGINEERS - PLANNERS 277 WEST NATIONWIDE BOULEVARD COLUMBUS. OH 43215 Tel: 614 - 464 -4500 EXHIBIT DESCRIPTION of a 0.207 ACRES TEMPORARY EASEMENT PARCEL for BIKE PATH CONSTRUCTION PURPOSES across the lands of 495 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 of 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 495 Metro Place, LLC (Grantor of this easement), of record in Instrument Number 200807140107611. Beginning for reference at an iron pin called and found at the Point of Tangency in the southerly right of way line of Metro Place South (sixty feet wide); thence, South 81 ° 42' 26" East, with the said right of way line, a distance of 50.00 feet to a point at the northwesterly corner of the said 5.382 acres parcel of 495 Metro Place, LLC, and the northeasterly corner of the 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, with the said Grantor's westerly line and Ohio Society of Certified Public Accountants easterly line, a distance of 2.80 feet to a point, the true point of beginning of the 0.207 acres bike path temporary easement parcel being described; thence, South 81 ° 42' 26" East, crossing the Grantor's lands, a distance of 524.99 feet to a point at the westerly line of McCormick Westpointe Metro Lakes, LLC, etal., of record in Instrument Number 2008063000100468 and the Grantor's easterly line; thence, South 08° 17' 34" West, with the said McCormick Westpointe Metro Lakes, LLC, etal. westerly line and the Grantor's said easterly line, a distance of 12.86 feet to a point; thence, South 63° 10' 08" West, leaving said McCormick Westpointe Metro Lakes, LLC, etal. westerly line and crossing the Grantor's lands, a distance of 33.78 feet a point; thence, North 81° 27' 09" West, continuing across the Grantor's lands, a distance of 37.27 feet a point; thence, North I 1' 06' 35" East, continuing across the Grantor's lands, a distance of 18.84 feet a point; thence, North 82 34' 55" West, continuing across the Grantor's lands, a distance of 68.65 feet a point; thence, North 81 ° 14' 56" West, continuing across the Grantor's lands, a distance of 50.14 feet a point; thence, North 80° 15' 00" West, continuing across the Grantor's lands, a distance of 50.41 feet a point; thence, South 82° 13' 51" West, continuing across the Grantor's lands, a distance of 25.03 feet a point; thence, North 81° 3P 56" West, continuing across the Grantor's lands, a distance of 63.18 feet a point; thence, North 08° 47' 16" East, continuing across the Grantor's lands, a distance of 6.01 feet a point; L\Projeca\ 14575996 \CIVIL\SURVE1'\nESCRIPTIONS(rev I )APARCEL -T(rev 1).doc 10/15/2008 8:32:29 AM Page 1 of 2 DESCRIPTION of a 0.207 ACRES TEMPORARY EASEMENT PARCEL for BIKE PATH CONSTRUCTION PURPOSES across the lands of 495 METRO PLACE, LLC thence, North 81° 12' 35" West, continuing across the Grantor's lands, a distance of 62.32 feet a point; thence, North 82° 09' 57" West, continuing across the Grantor's lands, a distance of 49.96 feet a point; thence, North 82° 13' 30" West, continuing across the Grantor's lands, a distance of 85.20 feet a point in the Grantor's westerly and the easterly line of the said Society of Certified Public Accountants; thence, North 08° 17' 34" East, with the said Ohio Society of Certified Public Accountants easterly line and the Grantor's said westerly line, a distance of 15.07 feet to the true point of beginning of the temporary easement parcel for bike path construction purposes being described. The parcel, as described above, contains 0.207 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. Ohio Registered �urveyor� LAProjects\ 14575996 \CIV IL \SUR V EY\DESCR(PTIONS(rev I) \4PARCELT(rev 1). doc 10/15 /2009 8:32:29 A-M Page 2 of 2 Bike Path 0.207 Ac. Temporary Easement 495 Metro Place, LLC City of Dublin County of Franklin State of Ohio Virginia Military Survey 2419 581'42' 2E 50.00' 0 U O U E- Q 0 o c I o y Np�j onto E V ad O (7 O J O t O Metro United, LLC P.I.D. 273 - 001703 I n str: 200610130205480 _ 5.911 Ac. _ P ACES _ 2" t624.99 408'17'34 "E \ — _ 15.07' ` N08'47'16 "E N82'13'30" W 6.01' (N80-15'00"W 8520' "W N81'31'S6 "W 50.41' N82'09'57 49.96' 63.18' '14'S6 "W N81'27.09 "W "W "W 50.14' 37.27' S08'17'34 N81'12'35 S82'13'51 1286, 62.32' 25.03' N82'34'55 "W S63'10'08 "W EXISTING UTILITY 68.65' ® N11'06'35 "W 33.78' EASEMENT LINE 495 MstM pW% LLC 18.84' P.I.D. 273 - 004289 Instr.2DO807140107611 5.382 AD. EXISTING UTILITY EASEMENT LINE LEGEND ® TEMP EASEMENT AREA 0.207 Ac. MCCORMICK WESTPOINTE METRO LAKES, LLC eta[ P.I.D. 273 - 004290 I n str: 2008063000100468 7.034 Ac. � N f flODER tA. t MTM � o 8888 ROGE". SMITH 1 SpryJ�J P. S., P. E. OHIO REGISTERED SURVEYOR S -6899 GRAPHIC SCALE 00 0 50 10D ( IN FEET ) 1 inch = 100 ft. PROJECT: DUBLIN METROCENTER BIKE PATH JOB NO.:14575996 SUBJECT: 495 Metro Place, LLC TEMP ESMT DATE: 14 OCT 08 BY: RMS CHEC 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