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77-09 OrdinanceRECORD OF ORDINANCES 77 -09 Ordinance No. Passed 20_ AN ORDINANCE AUTHORIZING THE EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACCEPT THE DEDICATION OF A 0.016 ACRES, MORE OR LESS, PERMANENT BIKEPATH EASEMENT AND A 0.065 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM PINNACLE DUBLIN LIMITED LIABILITY COMPANY. 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 0.016 acres, more or less, permanent bikepath easement and a 0.065 acres, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit 'B" from Pinnacle Dublin Limited Liability Company; 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, -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 0.016 acres, more or less, permanent bikepath easement and a 0.065 acres, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit "B" from Pinnacle Dublin Limited Liability Company. Section 2 . This Ordinance shall take effect and be in force on the earliest date permitted by law. Passed this ' -7 day of —eo cpnb4o , 2009. Mayor - Presiding Officer ATTEST: 0 � 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. uty Clerk of Council, Dublin, Ohio EXIi1B1T DESCRIPTION of a 0.016 ACRES PERMANENT EASEMENT PARCEL for BIKE PATH PURPOSES across the lands of PINNACLE DUBLIN 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 2.678 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 Pinnacle Dublin Limited Liability Company (Grantor), of record in Instrument number 199910270269923, said 0.016 acres permanent easement parcel for bike path purposes being more particularly described as follows: Beginning at an iron pin called and found in the northern right of way line of Memo Place North at the southwesterly corner of the Grantor's said 2.678 acres parcel, 570 Metro Place North Limited Partnership 3.003 acres southeasterly comer, of record in Official Record Volume 25266, Page A19, and the true point of beginning of the 0.0l6 acres bike path permanent easement parcel being described; thence, North 12° 55' 55" East, with the easterly line of 570 Metro Place North Limited Partnership and the Grantor's westerly line, a distance of 2.80 feet to a point, thence, South 77 04' 05" East, leaving the said 570 Metro Place North Limited Partnership easterly line and crossing the Grantor's lands, a distance of 159.50 feet to a tangential point of curvature; thence, easterly 84.89 feet continuing across the Grantor's lands on a curve to the left, whose radius is 1367.17 feet, whose central angle is 03° 33' 28" and whose chord bears South 78° 50' 49" East a chord distance of 84.88 feet to a point; thence, South 80° 37' 33" East continuing across the Gram of s lands a distance of 3.43 feet to a point on the westerly right of way line of Upper Metro Place and the Grantor's easterly line; thence, South 57 55' 55" West with the said Upper Metro Place westerly right of way line and said Grantor's easterly line a distance of 4.24 feet to an iron pipe found in the northerly right of way line of said Metro Place North; thence, North 80 37' 33" West along the Metro Place North northerly right of way line a distance of 0.25 feet to a tangentiai point of curvature; thence, westerly 85.07 feet with the Metro Place North northerly right of way line on a curve to the right, whose radius is 1369.97 feet, whose central angle is 03° 33' 28" and whose chord bears North 78 50' 49" West a chord distance of 85.05 feet to a point of tangency on said northern right of way line of Metro Place North; thence, westerly North 77 04' 05" West a distance of 159.50 feet along said Metro Place North northerly 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 0.016 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. 'j. 1 n Rog r . Smith ROGER M. P.S., .E. 7JW Ohio Registered Surveyor g(Ipg 5-6899 •• •:�E6r..ap t . L ^Pr lttu \Ia5] 5996 \CNI0.SURVEY�DESCRIPTION61mryV aPARCFL- P(r<.11.doc MAIM. i2 .53 PM Page 1 of I Bike Path 0.016AC. Permanent Easement PINNACLE DUBLIN LLC City of Dublin County of Franklin State of Ohio 13 / Virginia Military Survey 2542 570 Metro Nan N'tA Limited O.R. 15%6 P4 A19 5.003 Ac. i4 PmACLE MOM LLC P.I.D. 273- 001927 Instr:#199910270269923 ! 2.678 Ac. Ex. Utility Easement / Plot Book 59, Page 8 &9 412'55'55 "E S80'37 331 ! 2.80' 3.43' 1 S 7704 "05 " - _ _ Q 0333'28,. E _ _ X367 .17' 47 7 . 04' 05 " 159.50' `Char L 84 >891 _ 159 .50' - METRO P LACE - 9 _S78*50'49 "E a 84.89' True Point NORT H IPF' 4 = 03 '33'28" - of Beginning R=1 369.g7• IPF -' 0.016 Ac. Char 9 - L_85,07' S57'55'55 "W/ 7 8' 4.24' C °8 5.05' IPF N80'37'33 "W 21 �� 0.25' Metrocenter Owners ! 11 IPF -- P.I.D. 273 - 001319 1 D.B. 3719, Pg. 325 Reserve "B" LEGEND 9.051 Ac. I ! o IPF - IRON PIN FOUND 1 1 ! NEW EASEMENT t L J ra. r �1TH r',w9 OHIO REGISTERED SURVEYOR S -6899 GRAPHIC SCALE w a ac w IN FEET) 1 inch m 60 n. PROJECT: DUBLIN METR BIKE PAIN JOB NO.a 4575996 SUBJECT: PINNACLE DUBLIN L EASEMENT DATE: 7 JAN 09 ARCNITEcn •ENGNFws • ft.-En 3)) KIT NAn= 8otAEV"0 8Y' RM$ CHECKED' JCS EXHIBIT 'A [Q.V.16VI. M 41319 TN: 61.- .6A -66W EXHIBIT DESCRIPTION 8 of a 0.065 ACRES TEMPORARY EASEMENT PARCEL for BIKE PATH PURPOSES across the lands of PINNACLE DUBLIN 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 2.678 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 Pinnacle Dublin LLC (Grantor of this casement), of record in Instrument number 199910270269923, said 0.065 acres parcel for bike path purposes being more particularly described as follows: Beginning for reference at an iron pin called and found in the northern right of way line of Metro Place North at the southeast comer of the said 2.678 acres parcel of the said Pinnacle Dublin LLC; theme, North 12 55' 55" East a distance of 2.80 feet to the true point of beginning of the 0.065 acres bike path temporary easement parcel being described; thence, northerly North 12 55' 55" East a distance of 7.93 feet with a line common to the east line of 570 Metro Place North Limited Partnership, of record in Official Record Volume 25266 Pg. Ai9 and said Grantor's west line to a point, thence, easterly leaving said common line and through said Grantor's property the following ten (10) courses: 1) South 77 04' 05" East a distance of 18.15 feet a point; 2) North 12 55' 55" East a distance of 13.85 feet a point; 3) South 77 04' 05" East a distance of 43.66 feet a point; 4) South 12 55' 55" West a distance of 13.33 feet a point; 5) South 77 04' 05" East a distance of 97.68 feet a point; 6) South 78 28' 29" East a distance of 84.38 feet a point; 7) South 80° 37' 33" East a distance of 4.83 feet a point; 8) North 57° 55' 55" East a distance of 15.69 feet a point; 9) North 12 55' 55" Fast a distance of 10.63 feet a point; 10) South 76° 27' 04" East a distance of 5.00 feet a point on the west right of way line of Upper Metro Place; thence, south westerly with said Upper Metro Place west right of way line and said Grantor's cast line the following two (2) courses; 1) South 12o 55' 55" West a distance of 12.65 feet to a point; 2) South 57° 55' 55" West a distance of 23.42 feet to a point; thence, westerly North 86° 38' 31" West a distance of 3.90 feet leaving said right of way lim and through said Grantor's property to a point of curvature; thence, westerly 84.91 feet on the arc of a curve to the right, whose radius is 1371.43 feet, whose central angle is 3 32' 51" and whose chord bears North 78 50' 51" West a chord distance of 84.90 feet to a point; theme, westerly North 77o 04' 05" West a distance of 159.50 feet to the true point of beginning of the temporary easement parcel being described. The parcel, as described above, contains 0.065 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 direct supervision. A plat of this description is attached to this document as Exhibit A and made a permanent part thereof. Rogt. Smith /, do£fi "A. P.S., P.E. 7 a Gi �"AITH Ohio Registered Surveyor on S -6899 �':Pf6trrE4'E L V,.%1457599 WIL9URVF,W ESCRiW]ONS( 0 %14PARCEL -T(av 1) InnM 12:58 P.M Page 1 of I Bike Path 0.065 Ac. Temporary Easement PINNACLE DUBLIN LLC City of Dublin County of Franklin State of Ohio \ irginio Military Survey 2542 SJO Metro Place North Limited Partnership P..D. 273 - 002584 O.R. 25266 Pg. A19 3.003 Ac. N12'55'55 "E 13.85' _ S77'04'05" - - - 18,15' N12 - � S77.0 , " True Poinl 1((4 f 8eginnieq 0.065 AC. 14 P009ACLE OUR% LLC PAD. 273- 001927 Instr:1199910270269923 2.678 Ac. 576'27'04 "E Er. U60ty Easement 5.00' Plot Booty 59. N12'55'55 "E Po9e a k 9 10.63' 512'55'55" N57'55'55 "- 13.33' 15.69' - 8-7y S80'37'33 "E- '7T 22sa t 4.83' �` `Reterwxe Point - 'Ho PtACE NORTH 3 of Begimiig 13 7 1,a3' Ccg4.90 .. � Metrocenter Owners I N86'38'31 "W P.I.O. 273 -M 1319 1 3.90' D.B. 3719, Pg. 325 7S57-55'55 "W "B" Reserve 1 t 9.051 Ac 1 2142' 1 ! 512'55'55 "W LEGEND 12.65' EASEMENT L.J ® TEMP AREA 0.065 At. GRAPHIC SCALE IN FEET ) I Inch = 50 R f I f W I c J` i W I I J r PROJECT: DUBLIN METROCENTER BIKE PAM JOB NO.:14575996 SUBJECT: PINNACLE DUBLIN LLC EASEMENT D BY RMS CHECKED: JCS EXHIBIT � 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