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75-09 OrdinanceRECORD OF ORDINANCES 75 -09 Ordinance No. Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACCEPT THE DEDICATION OF A 0.017 ACRES, MORE OR LESS, PERMANENT BIKEPATH EASEMENT AND A 0.057 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM THE OHIO SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS. 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 0.017 acres, more or less, permanent bikepath easement and a 0.057 acres, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit 'B" from the Ohio Society of Certified Public Accountants; 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, _r7_ 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 0.017 acres, more or less, permanent bikepath easement and a 0.057 acres, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit 'B" from the Ohio Society of Certified Public Accountants. Section 2 . This Ordinance shall take effect and be in force on the earliest date permitted by law. Passed this rl�l day of — hh � , 2009. L ' 0�v P I a�-� 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 Citv of Dublin. EXHIBIT DESCRIPTION (i of a A 0.017 ACRES PERMANENT EASEMENT PARCEL for BIKE PATH PURPOSES across the lands of the OHIO SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS 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 2.906 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 the Ohio Society of Certified Public Accountants (Grantor), of record in D.B. 3793, Pg. 609, Lot 8, Amended Metrocenter Plat, said 0.017 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 Tangency in the southerly right of way line of Metro Place South bearing North 81° 42' 26" West a distance of 50 feet from the northeast comer of the said 2.906 acres parcel of said Ohio Society of Certified Public Accountants (Grantor), and the true point of beginning of the 0.017 acres permanent easement for bike path purposes being described; thence, South 81 ° 42' 26" East, with the said Metro Place South southerly right of way line, a distance of 50.00 feet to a point at the northwesterly corner of the 5.382 acres parcel of 495 Metro Place, LLC, of record in Instrument Number 200807140107611 and the Grantor's northeasterly comer; thence, South 08° 17' 34" West, with the said 495 Metro Place, LLC 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 the said 495 Metro Place, LLC westerly line and crossing the said Grantor's lands, a distance of 50.00 feet a point of curvature; thence, westerly continuing across the said Grantor's lands, 202.11 feet on a curve to the left, whose radius is 1117.49 feet, whose central angle is 10° 21' 46" and whose chord bears North 86° 53' 22" West a distance of 201.84 feet a point on the easterly line of the 545 Metro Place, LLC, 5.290 acres parcel, of record in Instrument Number 200807140107610 and the Grantor's westerly line; thence, North 08° 17' 34" East, with the said 545 Metro Place, LLC, easterly line and the Grantor's said westerly line a distance of 3.03 feet to a point in the southerly right of way line of said Metro Place South at the northeasterly corner of said 545 Metro Place, LLC and the Grantor's northwesterly comer; thence, 202.09 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 10° 20' 19" and whose chord bears South 82° 52' 36" East a chord distance of 201.82 feet to the true point of beginning of the permanent easement for bike path purposes being described. The parcel, as described above, contains 0.017 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 counsel and advice. A plat of this description is attached to this document as Exhibit A and made a permanent part thereof. / ` �/ OF t Rog r .Smith ROGER K P.S., .E. �s SMITH Ohio Registered Surveyor "99 ` S -6899 [trcTEa!: L9Projecu \145759961C1V ]USURVEYTESCRIPTIONS(rev 1)\5PARCEL -P(rev 1).doc 10/712008, 7:47:44 AM Page I of 1 Bike Path 0.017 Ac. Permanent Easement OHIO SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS City of Dublin County of Franklin State of Ohio Metro Place North, LLC P.I.D. 273- 001343 -00 Virginia Military Survey 2419 Instr: 200511280249099 True Point 6.013 Ac. _ _ _10'20'19" 191 19 g, g ' - - of Beginning L= 202.09 METRO 0.017 Ac r9 =§86'52 36"E PLACE SOUTH C= 201.82' S81'42' IPF _ 2 6 "E - - - - - _ A=10'21 '46" 50.00' © - - - - , R= 1-1-1 -7 49'- - - - N�L'42.'oo, L= 202.11' - - -__ ChBrg N86'53'22 "W 545 Metro Place, LLC C= 201.84' §08'17'34 "W P.I.D. 273 - 009718 -00 Instr: 200807140107610 N08'1 7'34 "E 2.80' 5.290 Ac. 3.03' Ex. Utility Easement Plat Book 59, O Page 8 &9 5 OHIO SOCIETY OF CM11FIED PUBLIC ACCOUNTANTS G P.I.D. 273 - 001701 D.B. 3793, Pg. 609 Lot 8, Amended Metrocenter Plat 2.906 Ac. 495 Metro Place, LLC P.I.D. 273- 004289 -00 Instr: 200807140107611 T 5.382 Ac. 5 G LEGEND IPF O- IRON PIN FOUND GRAPHIC SCALE � NEW EASEMENT AREA 0.017 Ac. so o so so — — OF ' i ( IN FEET ) S 0 �xl eern 1 inch = 60 ft. l r. t, r ROGER M. JO IN OAD ( 0 , — T ROG MITH r . 8S9 -� r�cfe) P. S., E. OHIO REGISTERED SURVEYOR � S -6899 S VFIVE" E PROJECT: DUBLIN METROCENTER BIKE PATH JOB NO.:14575996 URS J _ SUBJECT: OH. SOC. OF C.P.A. PERM. ESMNT. DATE: 17 OCT OS ARCHITECTS • ENGINEERS • PLANNERS 277 WEST NATIONWIDE BOULEVARD BY: RMS CHECKED: JCS EXHIBIT "A" COLUMBUS. OH 43215 Tel: 614 -464 -4500 DESCRIPTION of a 0.057 ACRES TEMPORARY EASEMENT PARCEL for BIKE PATH PURPOSES across the lands of Ohio Society of Certified Public Accountants 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 2.906 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 the Ohio Society of Certified Public Accountants (Grantor of this easement), of record in D.B. 3793, Pg. 609, Lot 8, Amended Metrocenter Plat, said 0.057 acres parcel for bike path purposes being more particularly described as follows: Beginning at an iron pin called and found at the Point of Tangency in the southerly right of way line of Metro Place South, thence a chord bearing South 81° 42' 26" East a chord distance of 50.00 feet to a point at the northwest corner of McCormick Westpointe Metro Lakes, LLC, etal., of record in Instrument number 200807 140 10761 1 and the northeast corner of the Ohio Society of Certified Public Accountants (Grantor), thence with the said McCormick Westpointe Metro Lakes, LLC, etal., west line and said Grantor's east line South 08° 17' 34" West a distance of 2.80 feet to the true point of beginning of the 0.057 acres bike path temporary easement parcel being described; thence, southerly with the said MCCORMICK WESTPOINTE METRO LAKES, LLC, ETAL. west line and said Grantor's east line South 08° 17' 34" West a distance of 16.06 feet to a point; thence, westerly leaving said MCCORMICK WESTPOINTE METRO LAKES, LLC, ETAL. west line and through said Grantor's property the following six (6) courses: I ) North 81 ° 42' 26" West a distance of 44.63 feet a point; 2) North 08 17' 34" East a distance of 8.49 feet a point; 3) North 83 17' 23" West a distance of 68.82 feet a point; 4) North 85° 46' 50" West a distance of 48.79 feet a point; 5) North 89 56' 10" West a distance of 48.89 feet a point; 6) South 89° 10' 08" West a distance of 41.03 feet a point on the east line of Teachers Insurance and Annuity Association of record in Instrument number 200106070127697 and the Grantor's west line; thence, northerly with the said Teachers Insurance and Annuity Association east line and said Grantor's west line North 08° 17' 34" East a distance of 8.76 feet to a point at the northeast comer of said Teachers Insurance and Annuity Association and said Grantor's northwest corner; thence, easterly 202.09 feet on the arc of a curve to the right, whose radius is 1 117.11 feet, whose central angle is 10° 21' 55" and whose chord bears South 86° 56' 27" East a chord distance of 201.84 feet to the true point of beginning of the temporary easement parcel being described. The parcel, as described above, contains 0.057 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. Of '4 mith WeER U. �Sd ` SMITH Ohio Registered Surveyor f S -6899 _ari vo LAProjectsU4575996\ CIVIL\ SURVEY\ DESCR IPTIONS(rev1) \5PARCEL -T(rev I ).doc 10/15/2008 829 AM Page 1 of I Bike Path 0.057 Ac. Temporary Easement OHIO SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS City of Dublin County of Franklin State of Ohio Virginia Military Survey 2419 — — ND&17 8.76' 0.057 1 0-2 1'53 R= 1117.18' ChBrg= N86'53'23 "W Reference Point of Beginning METRO PLAE SOUTH J S 8 : 1 � 4 2'26 � " E T rU8— P0111t -- 00, of Beginning —W - 8 56 10 N A8-29L _ — fi8 48.89' 2 §' NOS'1T34 "E 545 Metro Place, LLC 8.49 \ P.I.D. 273- 009718 I n str: 200807140107610 5.290 Ac. 0 OHIO SOCIETY of CERTIFIED PUBLIC ACCOUNTANTS P.I.D. 273 - 001701 D.B. 3793, Pg. 609 Lot 8, Amended Metrocenter Plat 2.906 Ac. PR DUBLIN METROCENTER BIKE PATH JOB NO.:14575996 SUBJECT: OH. SOC. OF C.P.A. PERM. ESMNT. DATE: 14 OCT 08 BY: RMS CHECKED: JCS EXHIBIT "A" - S'0$'1 -7'34' uW 16.06' Ex. Utility Easement Plat Book 59, Page 8 &9 495 Metro Place, LLC P.I.D. 273- 004289 Instr: 200807140107611 5.382 Ac. GRAPHIC SCALE 60 0 30 60 ( IN FEET ) 1 inch = 60 ft. ARCHITECTS • ENGINEERS • PLANNERS 277 WEST NATIONWIDE BOULEVARD COLUMBUS, OH 43215 Tel: 614 -464 -4500 LEGEND ' EASEMENT ® TEMP AREA 0.057 Ac. BOO" a f ROGER &/SMITH P. S., P. E. OHIO REGISTERED SURVEYOR .. ' �RV IIS S -6899 PR DUBLIN METROCENTER BIKE PATH JOB NO.:14575996 SUBJECT: OH. SOC. OF C.P.A. PERM. ESMNT. DATE: 14 OCT 08 BY: RMS CHECKED: JCS EXHIBIT "A" - S'0$'1 -7'34' uW 16.06' Ex. Utility Easement Plat Book 59, Page 8 &9 495 Metro Place, LLC P.I.D. 273- 004289 Instr: 200807140107611 5.382 Ac. GRAPHIC SCALE 60 0 30 60 ( IN FEET ) 1 inch = 60 ft. 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