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.
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a`OO ` � ••V � �''i
WAITER ti
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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