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Ordinance 05-10RECORD OF ORDINANCES 05 -10 Ordinance No. Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACQUIRE A 0.075 ACRES, MORE OR LESS, FEE SIMPLE INTEREST; A 0.169 ACRES, MORE OR LESS, UTILITIES EASEMENT; AND A 0.191 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM 970 HIGH RIDGE ASSOCIATES, LLC. WHEREAS, the City of Dublin has constructed road and site improvements on Emerald Parkway; and WHEREAS, said road and site improvements necessitate the conveyance of a 0.075 acres, more or less, fee simple interest; a 0.169 acres, more or less, utilities easement; and a 0.191 acres, more or less, temporary construction easement from 970 High Ridge Associates, LLC to the City of Dublin, these property interests being further described in the attached Exhibit "A ", Exhibit 'B" and Exhibit "C "; and WHEREAS, the City desires to execute any necessary conveyance documentation to obtain the aforementioned property interests. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, — E� — of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire a 0.075 acres, more or less, fee simple interest; a 0.169 acres, more or less, utilities easement; and a 0.191 acres, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A ", Exhibit 'B" and Exhibit "C" from 970 High Ridge Associates, LLC. Section 2. The landowner shall be compensated in the amount of Forty Three Thousand Three Hundred Fifty Dollars ($43,350.00) for the acquisition of the aforementioned property interests. Section 3 . This Ordinance shall take effect and be in force on the earliest date permitted by law. ATTEST: Clerk of Council Passed this i day o 2010. SCHOTTENSTEIN ZOMDUNN..,,. MEMORANDUM TO Dublin City Council Terry Foegler, City Manager Paul A. Hammersmith, PE, Director of Engineering /City Engineer FROM Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: January 21, 2010 RE: Ordinance No. 05 -10 — Acquisition of Property Interests from 970 High Ridge Associates, LLC - Emerald Parkway Improvement Project INTRODUCTION: This ordinance authorizes the City Manager of the City of Dublin (the "City ") to execute all necessary conveyance documentation, including a general warranty deed, utilities easement, and a temporary construction easement, in order to acquire property interests from 970 High Ridge Associates, LLC ( "970 High Ridge "). Acquisition of these property interests is necessary so that the City owns, as right of way, the areas improved by the City in its Emerald Parkway improvement project constructed during the final quarter of 2008. 970 High Ridge is the landowner of land occupied by tenant Verizon Wireless. The subject site is located along the south side of Emerald Parkway and on the north side of the limited access of I -270 between Dublin Road to the east, and Coffman Road to the west. PROJECT BACKGROUND: The City has already constructed various road and site improvements to Emerald Parkway for the benefit of Cardinal Health, Verizon and the surrounding community. Specifically, the City improved the intersection of Emerald Parkway and Cardinal Place, directly across from the intersection of McDevitt Drive. Again, these improvements were constructed during the final quarter of 2008. 970 High Ridge initially executed a Righty of Entry Agreement which allowed the City to enter upon 970 High Ridge's land and construct the improvements. It was presumed that 970 High Ridge would thereafter convey to the City those property interests that the City required as right - of -way. 970 High Ridge is conveying the necessary property interests to the City for the City's appraised amount of forty three thousand three hundred fifty dollars ($43,350.00). Memo re. Ord. 05 -10 —Utilities Easement — 970 High Ridge Assoc. Emerald Parkway Project January 21, 2010 Page 2 of 2 DEDICATION SPECIFICS: 970 High Ridge is dedicating a 0.075 acres, more or less, fee simple interest; a 0.169 acres, more or less, utilities easement; and a 0.191 acres, more or less, temporary construction easement to the City. The maps to the legal descriptions attached to the legislation provide an accurate depiction of those property interests being acquired. RECOMMENDATION: The Law Department recommends approval of Ordinance No. 05 -10 at the second reading/public hearing on February 8, 2010. EXHIBIT A PARCEL Version Date CITY OF DUBLIN RIGHT OF WAY ACQUISITION FROM 970 HIGH RIDGE ASSOCIATES LLC Page 1 of I 970 HIGH RIDGE ASSOCIATES, LLC 2 -WD Emerald Parkway 02 -29 -08 Situated in the City of Dublin, County of Franklin, State of Ohio and being in V.M.S. 2542, and being a part of a 4.732 acre tract of land, and a 5.442 acre tract of land conveyed to 970 High Ridge Associates LLC, as Parcel 1 and Parcel 2 respectively, as recorded and described in Instrument 199907290192161, of the Franklin County Recorder's Office. Beginning, for reference, at a drill hole found in concrete at the northeast corner of said Grantor's 4.732 acre Parcel 1 and also being the northwesterly corner of a 31.534 acre tract of land conveyed to Cardinal Health, Inc, as recorded and described in Instrument 199708070065980, in the southerly Right -of -Way of Emerald Parkway as described in O.R. 296511116, and also being TRUE POINT OF BEGINNING; Thence S 46 ° 43 1 45 "E a distance of 11.00 feet along the line between Grantor and Cardinal Health to a PK Nail set at the beginning point of a non - tangent curve; Thence with a new line along a curve to the right having a radius of 1970.86 feet, a delta of 7 ° 53'09 ", a length of 271.26 feet, with chord bearing of S 46 ° 46'43" W a distance of 271.04 feet to an iron pin set; Thence with a new line S 63 ° 43 1 29" W a distance of 51.75 feet to an iron pin set, in the southerly right of way line of Emerald Parkway; Thence N 52 ° 04'59" E a distance of 3.86 feet along the southerly right of way line of Emerald Parkway to a 3 /4 " ID pipe found in fair condition with cap stamped "CEA "; Thence along the southerly right of way line of Emerald Parkway with a tangent curve to the left, having a radius of 1959.86 feet, a delta of 9 ° 14'59 ", a length of 316.40 feet, and with a chord bearing of N 47 ° 27'30" E a distance of 316.05 feet to the TRUE POINT OF BEGINNING. The above described area contains 0.075 acres within the Franklin County Auditor's Parcel Number 273 - 001687. Grantor claims title by Instrument 199907290192161, in the records of Franklin County, Ohio. Iron pins indicated set are 5/8" x 30" rebars with cap stamped "Dodson, 6446, Burgess & Niple ". A drawing of this description is attached hereto and made a part hereof. This description was prepared by Walter Allen Dodson, Professional Surveyor No. 6446, Ohio, and was based upon actual surveys of the premises performed in October, 2007, through January, 2008, and upon available public records. Bearings used in this description are based on Ohio State Plane Coordinates, South Zone, NAD1983 (1986 adjustment), and are for the determination of angles only, with the centerline of Emerald Parkway being held as N52 °04'59 "E as shown. Walter A. Dodson, P.S. 6446, Ohio Burgess & Niple, Inc. eewp e�oo eu a`OO ` � ••V � �''i WAITER ti A. ba'S,�, �,1j sCf Cu'.4o44'JC63Nv Vu .. EXHIBIT B PARCEL Version Date CITY OF DUBLIN UTILITY EASEMENT FROM 970 HIGH RIDGE ASSOCIATES LLC Page 1 of 1 970 HIGH RIDGE ASSOCIATES, LLC 2 -1.) Emerald Parkway 02 -29 -08 Situated in the City of Dublin, County of Franklin, State of Ohio and being in V.M.S. 2542, and being a part of a 4.732 acre tract of land, and a 5.442 acre tract of land conveyed to 970 High Ridge Associates, LLC, as Parcel 1 and Parcel 2 respectively, as recorded and described in Instrument 199907290192161, of the Franklin County Recorder's Office. Beginning, for reference, at a drill hole found in concrete at the northeast corner of said Grantor's 4.732 acre Parcel 1 and also being the northwesterly corner of a 31.534 acre tract of land conveyed to Cardinal Health, Inc, as recorded and described in Instrument 199708070065980, in the southerly Right -of -Way of Emerald Parkway as described in O.R. 29651 H 16; Thence S 46 1 43 1 45 11 E a distance of 11.00 feet along the line between Grantor and Cardinal Health to a PK Nail set at the TRUE POINT OF BEGINNING, Thence continuing S 46 °43'45 "E a distance of 10.00 feet along the line between Grantor and Cardinal Health to a point; Thence the following three new lines across the Grantor's lands: with a curve to the right having a radius of 1980.86 feet, a delta of 7 0 55'00 ", a length of 273.70 feet, with chord bearing of S 46 °47'47" W a distance of 273.48 feet to a point; S 63 °43'29" W a distance of 51.87 feet to a point; and S 52 1 04'59" W a distance of 411.84 feet to a point in the Grantor's westerly line of said 5.442 acre Parcel 2; Thence N 37 1 55 1 01 "W a distance of 10.00 feet along Grantor's westerly line to the southerly right of way line of Emerald Parkway; Thence N 52 1 04'59 "E a distance of 412.86 feet along the southerly right of way line of Emerald Parkway to an iron pin set; Thence with a new line N 63 1 43 1 29" E a distance of 51.75 feet, leaving the southerly right of way line of Emerald Parkway; to an iron pin set; Thence with a curve to the left having a radius of 1970.86 feet, a delta of 7 ° 53'09 ", a length of 271.26 feet, with chord bearing of N 46 °46'43" E a distance of 271.04 feet to an iron pin set to the TRUE POINT OF BEGINNING. The above described area contains 0.169 acres within the Franklin County Auditor's Parcel Number 273 - 001687. Grantor claims title by Instrument 199907290192161, in the records of Franklin County, Ohio. Iron pins indicated set are 5/8" x 30" rebars with cap stamped "Dodson, 6446, Burgess & Niple ". A drawing of this description is attached hereto and made a part hereof. This description was prepared by Walter Allen Dodson, Professional Surveyor No. 6446, Ohio, and was based upon actual surveys of the premises performed in January, 2008, and upon available public records. Bearings used in this description are based on Ohio State Plane Coordinates, South Zone, NAD1983 (1986 adjustment), and are for the determination of angles only, with the southerly Right -of -Way of Emerald Parkway being held as N52 °04'59 "E as shown, and as being the same as Grantor's deed, Instrument 199907290192161, of the Franklin County Recorder's Office. �' ... p WALTER Walter A. Dodson, P.S. 6446, Ohio DOQSON } Burgess & Niple, Inc. tr '• t..• Q` 1 V . E . �aa� PROPOSED RIGHT -OF -WAY & UTILITY EASEMENT CITY OF DUBLIN, VMS 2542 SEE SHEET #2 FOR RIGHT —OF —WAY 0.075 Acres LFGFNF) O Monument Found 0, RS Railroad Spike Found Oi NAIL Found ill PK NAIL SET Ooy Drilled Hole Found O / , o , Iron Pin Found 0ip.Iron Pin Set -5/8" x 30" rebor set with plastic I.D. cap: "DODSON 6446" ( ) parenthesis indicates record dimension if different than measured. SEE SHEET #2 FOR PROPOSED 10' UTILITY EASEMENT 0.169 Acres SEE DETAIL / � AREA /. i P.o.8 —Point Of Beginning P.O.0 —Point Of Commencement f / 970 HIGH RID ASSOCIATES, LLC EMER D PKWY I do hereby certify that this plot was based upon actual '0 V 273 01687 surveys of the premises performed in January, 2008, and p ?,� • / upon available public records. Bearings used in this � WALTER ti • =� description are based on Ohio State Plane Coordinates, SouthZone, NAD1983 (1986 adjustment), and are for the - A. o i determination of angles only, with the southerly right —of —way* DODSON line o Emerald Parkway being held as N52'04'59'E, as sho : �, (" �o • G - - ---------------- X13- V E Y Wolter Allen Dodson PS 6446, Ohio 00,0",,1,1440.1•', CARDINA Emerald INC. P 4775 Emerad Pkwy / 273-008203 / I r % CARDINAL HEALTH, INC. \ r� 5075 Emerald Pkwy 273- 008210 \ r/ / may LOCATION MAP Y 0 500' 1000' Burgedil & Niple 5085 Reed Road, Columbus, Ohio 43220 (614) 469 -2060 Survey for: CITY OF DUBLIN 970 HIGH RIDGE ASSOCIATES, LLC EMERALD PARKWAY °'" EJG I Chk: WAD 02/29/( Scole: S I Sht: 1 2 1 44959 PROPOSED RIGHT -OF -WAY & UTILITY EASEMENT CITY OF DUBLIN, VMS 2542 i L8 C09 0.075 ACRES P4 L2 _ Z DU LIN UNITED LLC Parcel 2 — — /273-007531 5.442 Acres Inst. / #200003210055243 PA CEL 1, 0.742 Acres c JI UI �I C2 C1 PROPOSED 10' UTILITY EASEMENT C3 LINE DATA TABLE ` 970 HIGH RIDGE ASSOCIATES, LLC 5165 Emerald Pkwy 273 -0 1687 Inst. #19990290192161 10.174 Acr s Total LINE # BEARING LENGTH L1 N 46'43'45" W 11.00' L2 N 63'43'29" E 51.75' L3 S 52'04'59° W 3.86 CURVE DATA TABILE L4 S 46'43'45" E 10.00' L5 S 63'43'29" W 51.87' C# 0 L R C CB L6 S 52'04'59" W 411.84' C1 7'53'09" 271.26' 1970.86' 271.04' N 46'46'43" E L7 N 37'55'01 " W 10.00' C2 9' 14'59" 316.40' 1959.86' 316.05' S 47'27'30" W L8 N 52'04'59" E 1 412.86' C3 7'55'00" 273.70' 1980.86' 273.48' S 46'47'47" W Parcel 1 4.732 Acres o s 2 — IJ 0.169 ACRES • -0 :0 EX — R /W �— P.O.B NE Corner E —R /W �L1 L4 CARDINAL HEALTH, INC. 5075 Emerald Pkwy 273 - 008210 Inst. #199708070065980 31.534 Acres Burgess k Niple 5085 Reed Road, Columbus, Ohio 43220 (614) 469 -2060 Survey for: CITY OF DUBLIN 970 HIGH RIDGE ASSOCIATES, LLC EMERALD PARKWAY Dwg: EJG I chk: W AD 102/29/( Scale: SHOWN I Sht: 2 2 1 44959 EXHIBIT Page 1 of 1 C ARCEL 970 HIGH RIDGE ASSOCIATES, LLC 2 -T Emerald Parkway Version Date 02 -28 -08 CITY OF DUBLIN TEMPORARY CONSTRUCTION EASEMENT FROM 970 HIGH RIDGE ASSOCIATES, LLC Situated in the City of Dublin, County of Franklin, State of Ohio and being in V.M.S. 2542, and being a part of a 4.732 acre tract of land, and a 5.442 acre tract of land conveyed to 970 High Ridge Associates, LLC, as Parcel 1 and Parcel 2 respectively, as recorded and described in Instrument 199907290192161, of the Franklin County Recorder's Office. Being, a TEMPORARY CONSTRUCTION EASEMENT, variable in width, and lying along the southerly right -of -way line of Emerald Parkway, as shown on the attached drawing. The above described area contains 0.191 acres within the Franklin County Auditor's Parcel Number 273 - 001687. LINE DATA TABLE LINE # R BEARING CB LENGTH L1 S 46'43'45" E 35.00' L2 N 45'37'24" W 15.00' L3 S 52'04'59" W 28.12' L4 N 37'55'01 " W 31.00' L5 N 52'04'59" E 1 24.26' L6 N 63'43'29" E 51.75' TEMPORARY CONSTRUCTION EASEMENT CITY OF DUBLIN CURVE DATA TABLE C# 0 L R C CB C 1 1'32'00" 53.68' 2005.86' 53.68' S 43'36'36" W C2 7'42'23" 267.77' 1990.86' 267.57' S 48' 13'48" W C3 75309 271.26' 1970.86' 271.04' N 46'46'43" E 1 0 SEE SHEET #2 TEMPORARY EASEMENT 0.191 Acres, - RA _ ME � CARDINAL HEALTH, INC. "I / 4775 Emerald Pkwy ,e / /// 273- 008203 / Inst. #199706190027380 i 30.281 Acres FOR / l / CARDINAL HEALTH, INC. \ / ! 5075 Emerald Pkwy k. / 273- 008210 Inst. #199708070065980 r / 31.534 Acres P �a (� y \ Lo, �e5 �( c o '� P �c LOCAT MAP LFGFNF) O Monument Found ORR Railroad Spike Found O S PK NAIL F o nd I do hereby certify that this plat was based upon actual ° WALE �yo,'," surveys of the premises performed in January, 2008, and A. /:O upon available public records. Bearings used in this description DODSON are based on Ohio State Plane Coordinates, South Zone, {l'f46 �` •� F ��.• NAD1983 (1986 adjustment), and are for the determination of c VY v angles only, with the southerly right —of —way line of Emerald � ••• 1 S T E Ppr ay being hel as N52'04'59'E, as shown. % G R • "••,� 4 '•. V E GF — Wolter Allen Dodson PS 6446, Ohio pkF u *% S PK NAIL SET O /p, Iron Pin Found *ip Iron Pin Set -5/8" x 30" rebor set with plastic I.D. cap: "DODSON 6446" ( ) parenthesis indicates record dimension if different than measured. P.o.B — Point Of Beginning P.o.0 —Point Of Commencement ., sell Burgedd k Niple 5085 Reed Road, eolumbus, Ohio 43220 (614) 469 -2060 Survey for: OITY OF DUBLIN 970 HIGH RIDGE ASSOCIATES, LLC EMERALD PARKWAY Dwg: EJG Ch WAD 02/29/08 Scale: SHOWN I Sht: 1 2 1 44959 TEMPORARY CONSTRUCTION EASEMENT CITY OF DUBLIN 0 50' 100' Parcel 2 5.442 Acres a�I J EX —R /W C 2 —T t3 N 0.191 ACRES f C3R /w P.0.B P.O.0 _ \ NE Corner C2 EX - R/W ---- -_ of Q �5 t— S 46'4345" E —' 1 1 .00' ti I I Parcel 1 C 4.732 Acres CARDINAL HEALTH, INC. 5075 Emerald Pkwy 273 - 008210 970 HIGH RIDGE ASSOCIATES, LLC Inst. #199708070065980 5165 Emerald Pkwy 31.534 Acres 273 - 001687 Inst. #199907290192161 10.174 Acres Total