79-09 OrdinanceRECORD OF ORDINANCES
Ordinance No,
79 -09
Passed 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTATION
TO ACCEPT THE DEDICATION OF A 0.019 ACRES, MORE
OR LESS, PERMANENT BIKEPATH EASEMENT AND A 0.097
ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION
EASEMENT FROM BRE/ESA PROPERTIES 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 0.019 acres,
more or less, permanent bikepath easement and a 0.097 acres, more or less, temporary
construction easement in and to the premises described in the attached Exhibit "A" and
Exhibit 'B" from BRE/ESA Properties 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 0.019 acres, more or less,
permanent bikepath easement and a 0.097 acres, more or less, temporary construction
easement in and to the premises described in the attached Exhibit "A" and Exhibit 'B"
from BRE/ESA Properties LLC.
Section 2 . This Ordinance shall take effect and be in force on the earliest date
permitted by law.
Passed this M day of - L PYh� C!� , 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.
7uty Clerk of Council, Dublin, Ohio
EXHIBIT
DESCRIPTION
of a
0.019 ACRES PERMANENT EASEMENT PARCEL
for
BIKE PATH PURPOSES
across the lands of
BRE/ESA PROPERTIES, LLC
Situate in the State of Ohio, County of Franklin, and City of Dublin, being a part
of Virginia Military Survey Number 2542, being a part the 2.957 acres described as part
of Lot I 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 BRE/ESA Properties LLC (Grantor of this easement), of
record in Instrument number 199706260032912, said 0.019 acres permanent easement
parcel for bike path purposes being more particularly described as follows:
Beginning at an iron pin called and found in the intersection of the northern right
of way line of Metro Place North and the west right of way line of Upper Metro Place,
thence South 80° 37' 35" East a distance of 99.87 feet to the southwest corner of the said
2.957 acres parcel of the said BRE/ESA Properties LLC (Grantor), and the true point of
beginning of the 0.019 acres bike path permanent easement parcel being described;
thence, north westerly North 32° 02' 45" West a distance of 8.89 feet with the
east right of way line of Upper Metro Place and west line of said Grantor to a point,
thence, south easterly South 60° 41'19" East a distance of 11.33 feet leaving said
Upper Metro Place right of way line and through said Grantor's property to a point;
thence, easterly South 80° 37' 33" East a distance of 291.81 feet to a point on the
west line of Eastrich No. 167 Corporation, of record in Official Record Volume 30448
Pg. A01 and the Grantor's east line;
thence, southerly South 09° 22' 27" West a distance of 2.80 feet with the said
Eastrich No. 167 Corporation west line and said Grantor's east line to a point on the
northern right of way line of said Metro Place North;
thence, westerly North 80° 37' 33" West a distance of 296.58 feet along said
Metro Place North right of way line to the true point of beginning of the permanent
easement parcel for bike path purposes being described. The parcel, as described above,
contains 0.019 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 Smith OGry
P.S., P.E.
Ohio Registered Surveyor 8 ROGER M.
S -6899 ! SMITH
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Page 1 of 1
Path 0.019 Ac. Permanent Easem
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LLC
Franklin
NOT%
BRE/ESA PROPERTIES LLC
P.I.D. 273 - 001309
Instr: #199706260032912
2.957 Ac.
15
Existing Easement
S60'41'1 9 "E Plot Book 55, Page 8 & 9
11.33'
509'22'27 "W
2.80'
S
True Point 33 "E 291.81' _
of Beginnin N80 37'33 „W 96 58'
\
8.89' ME p =NORTH
0.019 Ac.
IN
No. 167 Corpo
P.I.D. 273 -00:
0. R. V. 30448A0”
5.601 Ac.
I i !
I ! I
Metrocenter Owners
P.I.D. 273 - 001319
D.B. 3719, Pg. 325
a Reserve "B"
City of Dublin 9.051 Ac.
County of Franklin ! I J
State of Ohio
Virginia Military Survey 2542
GRAPHIC SCALE j !
50 0 25 50
0
( IN FEET) 4 6 ° •,
I inch = 50 ft. ROGER M. S
* 8 SMITH 14 LEGEND
%i 8899
NEW EASEMENT
AREA 0.019 Ac.
ROGER. SMITH 1,7 1, 7 ,96, P.S., E.
OHIO REGISTERED SURVEYOR
S -6899
PROJECT: DUBLIN METROCENTER BIKE PATH JOB NO.:14575996
BRE /ESA PROPERTIES
City of Dublin County of
State of Ohio
Virginia Military Survey
SUBJECT: BRE /ESA PROPERTIES EASEMENT DATE: 17 OCT 08 ARCHITECTS • ENGINEERS • PLANNERS
277 WEST NAMONVADE BOULEVARD
BY: RMS CHECKED: JCS EXHIBIT "A" COLUMBUS, off 43215 T•I: 614- 464 -4500
EE7BIT
DESCRIPTION of a �
0.097 ACRES TEMPORARY EASEMENT PARCEL
for
BIKE PATH PURPOSES
across the lands of
BRE/ESA PROPERTIES, LLC
Situate in the State of Ohio, County of Franklin, and City of Dublin, being a part
of Virginia Military Survey Number 2542, being a part the 2.957 acres described as part
of Lot 1 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 BRE/ESA Properties LLC (Grantor of this easement), of
record in Instrument number 199706260032912, said 0.097acres parcel for bike path
purposes being more particularly described as follows:
Beginning at an iron pin called and found in the intersection of the northern right
of way line of Metro Place North and the west right of way line of Upper Metro Place,
thence South 80° 37' 35" East a distance of 99.87 feet to the southwest corner of the said
2.957 acres parcel of the said BRE /ESA Properties LLC (Grantor) and the east right of
way line of Upper Metro Place, thence North 32° 02' 45" West a distance of 8.89 feet to
the true point of beginning of the 0.097 acres bike path temporary easement parcel
being described;
thence, north westerly with said east right of way line and the Grantor's west line
the following two (2) courses:
1) North 32 02' 45" West a distance of 19.39 feet to a point;
2) North I2° 57' 15" East a distance of 1.76 feet to a point;
thence, easterly leaving said right of way line and through said Grantor's property
the following seven (7) courses:
1) South 80 37' 33" East a distance of 5.01 feet to a point;
2) South 32° 02' 45" East a distance of 14.22 feet to a point;
3) South 80° 37' 33" East a distance of 152.05 feet to a point;
4) North 09° 22' 27" East a distance of 22.19 feet to a point;
5) South 80° 37' 33" East a distance of 51.35 feet to a point;
6) South 09° 22' 27" West a distance of 20.78 feet to a point;
7) South 80° 37' 33" East a distance of 97.36 feet to a point on a line common
with the west line of Eastrich No. 167 Corporation, of record in Official Record Volume
30448 Pg. A01 and the Grantor's east line;
thence, southerly with said common line South 09° 22' 27" West a distance of
10.90 feet to a point;
thence, westerly leaving said common line and through said Grantor's property
the following two (2) courses;
1) North 80° 37' 34" West a distance of 291.81 feet to a point;
2) North 60° 41' 19" West a distance of 1 1.33 feet to the true point of
beginning of the temporary easement parcel being described. The parcel, as described
above, contains 0.097 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
f RpBEii M.
Rog . Smith �S�IZ� # EfwT►t
P.S., P.E.
Ohio Registered Surveyor �t
S -6899 �
L:1Projece \I45 75996 \CIVIL\ SURVEY\ DESCRIPTIONS (revs) \15PARCEL -T(rev 1).doc SoRYE
10/15 12008 9:32 AM
Page 1 of 1
Bike Path 0.097 Ac. Temporary Easement
BRE /ESA PROPERTIES LLC
City of Dublin County of Franklin
State of Ohio
Virginia Military Survey 2542
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N 12'57'15 "E
1.76'
BREASA PROPER71ES LLC
P.I.D. 273 - 001309
Instr: #199706260032912
2.957 Ac.
- S80'37'33 "E
5.01'
- S32'02'45 " N09'22 E .19
- 1T4. -, $� 2' 22.19'
�i 52.0 ' - - - __
S09'22'27'W
37 ' 3 3"E� 20.78'
1.35'
S80 ' 3 7'33 "E
sir, 9 7.36'
8 1q W
N60'41 1 9"W�i_ METRO P9gCE —
_ 11.33 ��NORTH S09'22'27 "W
TF - 6 ant- - 0.097 Ac. - -- _? 0.90'
of Beginning
N32'02 , 45' W
19.39'
1 1 I i i
I I f i
'h Metrocenter Owners
i P.I.D. 273 - 001319
D.B. 3719, Pg. 325
, > Reserve "B"
City of Dublin 9.051 AC.
County of Franklin
State of Ohio
Virginia Military Survey 2542 j
GRAPHIC SCALE
50 0 25 5 0
1�-
( IN FEET )
1 inch = 50 ft.
R06ER M.
• SMITH
6899 ?
LEGEND
® TEMP
AREA
EASEMENT
0.097 Ac.
P. S., E. ` BVRVE`t�0•
OHIO REGISTERED SURVEYOR 400" „,046
S -6899
PROJECT: DUBLIN METROCENTER BIKE PATH JOB NO.:14575996
SUBJECT: BRE /ESA PROPERTIES EASEMENT DATE: 17 OCT 08
BY: RMS CHECKED: JCS EXHIBIT "A”
ARCHITECTS • ENGINEERS • PLANNERS
277 WEST NATIONWIDE BOULEVARD
COLUMBUS. OH 43215 Tel: 614- 464 -4500
15
� 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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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