Ordinance 09-10RECORD OF ORDINANCES
I Ordinance No.
Passed 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTATION
TO ACQUIRE A 0.136 ACRES, MORE OR LESS, UTILITIES
EASEMENT FROM DUBLIN UNITED, 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 0.136
acres, more or less, utilities easement from Dublin United LLC to the City of Dublin,
this property interest being further described in the attached Exhibit "A ";
WHEREAS, the City desires to authorize the City Manager to execute the necessary
easement document to obtain the aforementioned property interest.
NOW, THERERE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute the necessary
easement document to acquire a 0.136 acres, more or less, utilities easement in and to
the premises described in the attached Exhibit "A" from Dublin United LLC.
Section 2. The landowner shall be compensated in the amount of Twelve Thousand
Three Hundred Forty -Two Dollars ($12,342.00) for the acquisition of the
aforementioned property interest.
Section 3 . This Ordinance shall take effect and be in force on the earliest date
permitted by law.
Passed this )%AK4 day oY 2010.
!-%g Officer
►_vaii 936
Clerk of Council
SCHOTTENSTEIN
ZOX s DUNN, ",,,a
MEMORANDUM
TO: Dublin City Council
Terry Foegler, City Manager
Paul A. Hammersmith, PE, Dlecr of En gineermg/City Engineer
FROM: Stephen J. Smith, Law Director
Philip K. Hartmann, Assistant Law Director
DATE: February 4, 2010
RE: Ordinance No. 09 -10 — Acquisition of Property Interests from Dublin United LLC
Emerald Parkway Improvement Pr oject
v Y 31711LON 16s 0
This ordinance authorizes the City Manager of the City of Dublin (the "City ") to execute
necessary conveyance documentation to acquire a utilities easement from Dublin United LLC
( "Dublin United "). Acquisition of this easement is necessary so that the City owns all necessary
property interests for the area it improved in its Emerald Parkway improvement project,
constructed during the final quarter of 2008 and completed in 2009.
Dublin United is one of two property owners on Emerald Parkway that has an improvement
(structure) occupied by the tenant, Verizon Wireless. The City is also acquiring property from
the "other" owner, 970 High Ridge Associates, LLC (second reading on February 8, 2010).
PROJECT BACKGROUND:
The City has already constructed various road and site improvements to Emerald Parkway for the
v~v.SZOxo.,, 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
Columbus intersection of McDevitt Drive, and the entrance to the Cardinal Health south campus, by the
Cleveland installation of turn lanes and traffic signals. Again, these improvements were completed in 2009.
Cincinnati
Dublin United initially executed a Right of Entry Agreement which allowed the City to enter
upon Dublin United's property to construct the improvements. It was presumed that Dublin
United would thereafter convey to the City the easement that the City required. Dublin United is
conveying a utilities easement to the City for the City's appraised value of Twelve Thousand
Three Hundred Forty -Two Dollars ($12,342.00).
250 West Street, Columbus, Ohio 43215 -2538 1 P.O. Box 165020, Columbus, OH 432165020 1 Voice: 614 -462 -2700 1 Fax: 614 -462 -5135
SCHOTTENSTEIN
ZOM DU N N,.en
ACQUISITION SPECIFICS:
The City is acquiring a 0.136 acres, more or less, utilities easement from Dublin United. 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 adoption of Ordinance No. 09 -10 at the second reading/public
hearing on February 22, 2010.
w .Mcom
0
(H1761446.2)
250 West Street, Columbus, Ohio 43215 -2538 1 P.O. Box 165020, Columbus, OH 43216 -5020 1 Voice: 614462 -2700 1 Far. 614-462 -5135
EXHIBIT A Pa I of I
PARCEL Dublin United LLC 04 -11
Emerald Parkway
Version Date 03 -13 -08
CITY OF DUBLIN
UTILITY EASEMENT
FROM
DUBLIN UNITED 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 0.742 acre tract of land, and a 10.214 acre tract of land conveyed to Dublin
United LLC, as Parcel I and Parcel 2 respectively, as recorded and described in Instrument
200003210055243, of the Franklin County Recorder's Office.
Beginning, for reference, at the northeast corner of the Grantor's 0.742 acre Parcel and also
being the northwesterly corner of a 5.442 acre tract of land conveyed to 970 High Ridge
Associates LLC as recorded and described in Instrument 199907290192161 as Parcel 2, and in
the southerly Right -of -Way of Emerald Parkway as described in O.R. 29651H16, of the Franklin
County Recorder's Office, and being the TRUE POINT OF BEGINNING;
Thence S 37 1 55'01 "E a distance of 10.00 feet along the line between the Grantor and 970 High
Ridge Associates LLC, Parcel 2 to a point;
Thence with a new line S 52 ° 04'59" W a distance of 61.02 feet to the point of curvature of a
circular curve and being 10.00 feet south of the southerly right of way line of Emerald Parkway;
Thence with a new line along a curve to the right having a radius of 1697.02 feet, a delta of
18 ° 05'09 ", a length of 535.67 feet, with chord bearing of S 61 W a distance of 533.45
feet to the west boundary line of the Grantor's land;
Thence N 02 1 59'36 "W a distance of 10.45 feet along the west boundary line of the Grantor's
land to the northwest comer, same being a point on a curve and in the southerly right of way line
of Emerald Parkway;
Thence along the southerly right of way line of Emerald Parkway with a non tangent curve to the
left, having a radius of 1687.02 feet, a delta of 17 ", a length of 529.49 feet, and with a
chord bearing of N 61 E a distance of 527.32 feet to a point of tangency;
Thence N 52 °04'59 "E a distance of 61.02 feet along the southerly right of way line of Emerald
Parkway to the TRUE POINT OF BEGINNING.
The above described area contains 0.136 acres within the Franklin County Auditor's Parcel
Number 273- 007487 and 273 - 007531. Grantor claims title by Instrument 200003210055243, 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.
WALrEp Walter A. Dodson, P.S. 6446, Ohio
• A SON Burgess & Niple, Inc.
i 90
V E 1
PROPOSED RIGHT -OF -WAY & UTILITY EASEMENT
CITY OF DUBLIN, VMS 2542
PARS
CARDINAL HEALTH, INC.
4775 Emerold Pkwy
273- 008203
LEGEND
O Monument Found
0,9 Railroad
O NAIL
Spike Found
Found
41p NAIL
SET
Op Drilled
Hole Found
q Iron Pin
Found
0jp Iron Pin
Set -5/8" x 30" rebor set with
plastic
I.D. cop: "DODSON 6446"
( ) parenthesis indicates record dimension
if different than measured.
P.O.B -Point Of Beginning
P.O.c -Point Of Commencement
CITY OF DUBLIN
273- 007486
I do hereby certify that this plot 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,
SouthZone, NAD1983 (1986 adjustment), and ore for the
determination of angles only, with the southerly right- of -woy
line of Emerald Parkway being held as N52'04'59'E, as shown.
/ f
Waller Allen Dodson PS 6446, Ohio
SEE SHEET #2 FOR
PROPOSED 10'
UTILITY EASEMENT
0� �C
X 6`7
DUBLIN UNITED LLC
5175 Emerald Pkwy
273 - 007487
273- 007531 i
i
i
CARDINAL HEALTH, INC.
5075 Emerald Pkwy
273- 008210
G
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A. 0
# OWN
i CW o i ♦ c
G� •V..E.r 0
•1 0111I
Burgeee a Nlpk
5085 Reed Road, Columbus, Ohio 49220'
(814) 458 -2050
Survey for:
CITY OF DUBLIN
DUBLIN UNITED LLC
5175 EMERALD PARKWAY
owg: EJG u ""' WAD 03/
Score: SHOWN S 1 2 44959
i
LOCATION MAP i
PROPOSED RIGHT -OF -WAY & UTILITY EASEMENT
CITY OF DUBLIN, VMS 2542
CITY OF DUBLIN
273- 007486
LINE DATA TABLE
LINE #
BEARING
LENGTH
11
S 37'55'01" E
10.00'
1-2
S 52'04'59" W
61.02'
L3
N 2'59'36" W
10.45'
L4
N 52'04'59" E
61.02'
R/W
E'1'�E,Q�LD P
—
1 CZ
Ci
0 .1 36 ACRES
PROPOSED 10' UTILITY EASEMENT
DUBLIN UNITED LLC
273- 007487
Inst. #200003210055243
PARCEL 2. 10.214 Acres
CURVE DATA TABLE
C #
L
R
C
CB
C1
18
535.67'
1697.02'
533.45
S 6107'33" W
C2
17'58'59"
529.49'
1687.02'
527.32' 1
N 61'04'28" E
R/W
1
I I
N �
I pM O N i
�O MO O
I O
? n o
m W
� U
p c d
IWOM
i
Parcel 2
5.442 Acres
970 HIGH RIDGE ASSOCIATES, LLC
5165 Emerald Pkwy
273- 001687
Inst. #199907290192161
10.174 Acres Total
N 52 0459" E _
To Cu rve PC
L4
L2