31-09 OrdinanceRECORD OF ORDINANCES
Ordinance No
Inc.
31 -09
Passed 20
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO ENTER INTO A LAND
EXCHANGE AGREEMENT WITH 7001 POST
ROAD, LLC.
WHEREAS, the City of Dublin is preparing to improve the U.S. Highway 33 and the
State Route 161 interchange in Franklin and Union Counties; and
WHEREAS, the City's interchange plans eliminate the existing ingress /egress of 7001
Post Road, LLC from State Route 161; and
WHEREAS, the City desires to enter into a land exchange agreement with 7001 Post
Road, LLC, whereby the City would provide 7001 Post Road, LLC with a sliver of
land, as legally described in the attached Exhibit "A ", to construct a new drive
allowing for new ingress /egress, and in return, the City would receive the adjacent
land legally described in the attached Exhibit "B ".
NOW, THEREFORE, 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 enter into a land exchange
agreement with 7001 Post Road, LLC for the exchange of a City - owned, 0.433 acres
(more or less) sliver of property for a 0.308 acres (more or less), sliver of property,
owned by 7001 Post Road, LLC.
Section 2. This ordinance shall take effect upon the earliest date permitted by law.
Passed this V0k day of -5"C , 2009.
1A 1 2 n
Mayor - Presiding Officer
ATTEST:
Clerk of Council
I SCHOTTENSTEIN
ZO% &DUNN;e.,.
MEMORANDUM
TO Dublin City Council
Tery D. Foegler, City Manager
Paul A. Hammersmith, PE, Director of Engineering /City Engineer
FROM Stephen S. Smith, Law Director
Philip K Hartmann, Assistant Law On color
DATE.
June 25, 2009
RE
Ordinance No 31
-09
-7001 Post Road LLC-
Land
Exchange
Agreement
INTRODUCTION
This ordinance authorizes the City Manager to eater into a land exchange agreement with 7001
Post Road LLC The City and 7001 Post Road LIT ( "7001 Port ") are consummating their
coed project /transaction in the US 33 /SR 161 interchange project. The City Cast negotiated
and eventually acquired that right -of ay from 7001 Post necessary for construction of the
interchange The subject of Ordinance No.31 -09 involves stand exchange between the City and
7001 Post Road LLC. This land exchange was contemplated by the City and 7001 Post even
before acquisition of the right of y as a means to retain the properys full access to SR 161,
The current driveway location will be in limited access right of way when the interchange
project is complete and would not be allowed to remain by ODOT. A letter agreement which
expressed the parties intent upon entering into the land exchange agreement was executed by the
parties prior to the acquisition of the right of way
PROJECT DE TAIL S.
As part of the US 33 /SR 161 interchange project, the City must obtain property owned by7001
Post at the access point of SR 161 and 7001 To sts driveway. This is the sole means of ingress
and egress to 7001 Posts property_
Since the City's interchange plan eliminates 7001 Post s ingress /egress, the City and 7001 Post
have agreed in principle to exchange small slivers of land The City will give 7001 Post small,
0 433 acre more or less, sliver of the City's adjacent land This will allow the parties to create an
alternative ingress /egress for 7001 Post. 7001 Pon will give the City a 0 308 acre more or less,
adjacent piece of land in return
The material teems of the land exchange agreement include
An exchange of land in fee simple as described above,
City construction or compensation to 7001 Post for rerouting of the 7001 Posts driveway,
City relocation or compensation to 7001 Post for relocation of the 7001 Posts sign,
Ord 31 09 -7001 Post Road LLC -Land Exchange Agreement
June 25, 2009
Page Two
RECOMMENDATION:
The Law Department recommends approval of Ordinance No. 31 09, and recommends
dispensing with the public hearing and passage via emergency, This land exchange is necessary
for the interchange project, and is necessary for the public health, safety and welfare of the City's
residents as it will eventually relieve traffic on culation and congestion .
cOlWilhol
Cl
250 w stallmml , ohm asi16rwa l P a eu 16020, cohIl 0 emia 020 1
EXHIBIT
0.433 ACRE
Situated in the State of Ohio, County of Union, City of Dublin (Washington Township, Franklin
County), located in Virginia Military Survey Number 6748, being out of the remainder of that 74.503 acre
tract conveyed to City of Dublin, Ohio by deeds of record in Instrument Number 200710300187804
(Franklin Countv) and Official Record 760, Page 59 (Union County), (all references refer to the records
of the Recorder's Office, Franklin and Union Counties), and being described as follows:
Beginning for reference at a magnetic nail set at the centerline intersection of State Route 161
with the southerly terminus of Industrial Parkway and the northerly terminus of Eiterman Road,
Thence South 66° 01' 39" West, with the centerline of said State Route 161, a distance of 484.46
feet to a point;
Thence South 23° 58' 21" East, across the right -of -way of said State Route 161, a distance of
49.87 feet to an iron pin set in the southerly right -of -way line thereof, being the southerly line of the 2.258
acre tract conveyed to City of Dublin by deed of record in Official Record 582, Page 641 (Union County),
at a northeasterly corner of said 74.503 acre tract and a northwesterly corner of the 14.847 acre tract
conveyed to 7001 Post Road LLC by deeds of record in Instrument Number 200412290293375 (Franklin
County) and Official Record 586, Page 945 (Union County);
Thence South 66° 00' 00" West, with said southerly right-of' way line, the southerly line of said
2.258 acre tract and the northerly line of said 74.503 acre tract, a distance of 49.99 feet to an iron pin set
at the TRUE POINT OF BEGINNING;
Thence South 25° 29' 51" East, across said 74.503 acre tract, a distance of 136.01 feet to an iron
pin set;
'thence South 41 ° 32' 56" East, continuing across said 74.503 acre tract, a distance of 55.29 feet
to an iron pin set in the westerly line of said 14.847 acre tract;
Thence South 15° 02' 01" East, with a line common to said 74.503 and 14.847 acre tracts, a
distance of 55.10 feet to a 3/4" iron pipe found at a point of curvature to the left;
Thence continuing with said common line, with the arc of said curve to the left, having a central
angle of 27° 24' 40 ", a radius of 155.00 feet, an arc length of 74.14 feet, a chord bearing and distance of
South 28° 44' 21" East, 73.45 feet to an iron pin set;
Thence North 52° 28' 53" West, across said 74.503 acre tract, a distance of 197.10 feet to an iron
pin set;
'Thence North 25° 29' S1" West, continuing across said 74.503 acre tract, a distance of 143.10
feet to an Iron pin set in said southerly right -of -way line, the southerly line of said 2.258 acre tract,
Thence North 66° 00' 00" East, with said southerly right -of -way line, the southerly line of said
2.258 acre tract and the northerly line of said 74.503 acre tract, a distance of 80.03 feet to the TRUE
POINT OF BEGINNING and containing 0.433 acre of land, more or less.
Subject, however, to all legal rights -of -way and /or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter,
thirty (30) inches long with a plastic plug placed in the top bearing the initials EMI I T INC.
Bearings are based on the same meridian as the bearings shown on the subdivision plat entitled
"Ballantrae Section 1 Part 1" of record in Plat Book 98, Pages 30 and 31, Recorder's Office, Franklin
County, Ohio, with a bearing of North 85° 41'57" East, for a portion of Shier Rings Road. Bearings are
based on the Ohio Plane Coordinate System NAD83 (1986 Adjustment).
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Heather L. King Date
Registered Surveyor No. 8307
HLK_ ib /Mun09
0 433 ac 900696, 1
Evans. Mechwort. Hambleton & Tilton. Inc.
Engineers • Surveyors • Planners • Scientists
5500 New Albany Road. Columbus. OH 43054
Phone'. 614.775.4500 Fox'. 614.775.4800
M C M x x V I
SURVEY OF ACREAGE TRACT
VIRGINIA MILITARY SURVEY NO. 6748
CITY OF DUBLIN (WASHINGTON TOWNSHIP, FRANKLIN COUNTY)
COUNTY OF UNION, STATE OF OHIO
Date: June 10, 2009 1 Job No. 2009 -0069 1 Scale: 1"=50'
INDUSTRIAL RPOB
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FEMA NOTE: According to the Federal Emergency Management Agency's
Flood Insurance Map (dated June 17, 2008), the subject parcel shown
hereon lies within Zone X (areas determined to be outside the 0.29,'
annual chance flood plain), Community Panel No. 39049CO131K.
ChD= 73.45' \
BASIS OF BEARINGS: Bearings are based on the some meridian as the bearings shown
on the subdivision plat entitled "Bollontroe Section 1 Part 1" of record in Plat Book
98, Pages 30 and 31, Recorder's Office, Franklin County, Ohio, with a bearing of
North 85' 41' 57" East, for a portion of Shier Rings Road. Bearings are based on the
Ohio State Plane Coordinate System NAD83 (1986 Adjustment)
0 = MON. FND.
• = 3/4" 1. P. FND.
(CAPPED AS NOTED)
O = I.P. SET
O = MAG. NAIL SET
I.P. Set are 13116" I.D. iron
pipe with cap inscribed EMHT INC
50' 0 50' 100'
GRAPHIC SCALE
(IN FEET)
By
Professional Surveyor No. 8307
Dublin City of / City of Dublin Survey Services/ Post Road Drive Relocation / 2009 -0069 / 90069bvi
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FEMA NOTE: According to the Federal Emergency Management Agency's
Flood Insurance Map (dated June 17, 2008), the subject parcel shown
hereon lies within Zone X (areas determined to be outside the 0.29,'
annual chance flood plain), Community Panel No. 39049CO131K.
ChD= 73.45' \
BASIS OF BEARINGS: Bearings are based on the some meridian as the bearings shown
on the subdivision plat entitled "Bollontroe Section 1 Part 1" of record in Plat Book
98, Pages 30 and 31, Recorder's Office, Franklin County, Ohio, with a bearing of
North 85' 41' 57" East, for a portion of Shier Rings Road. Bearings are based on the
Ohio State Plane Coordinate System NAD83 (1986 Adjustment)
0 = MON. FND.
• = 3/4" 1. P. FND.
(CAPPED AS NOTED)
O = I.P. SET
O = MAG. NAIL SET
I.P. Set are 13116" I.D. iron
pipe with cap inscribed EMHT INC
50' 0 50' 100'
GRAPHIC SCALE
(IN FEET)
By
Professional Surveyor No. 8307
Dublin City of / City of Dublin Survey Services/ Post Road Drive Relocation / 2009 -0069 / 90069bvi
EXHIBIT
0.308 ACRE
Situated in the State of Ohio, County of Union, City of Dublin (Washington Township, Franklin
County), located in Virginia Military Survey Number 6748, being out of the remainder of that 14.847 acre
tract conveyed to 7001 Post Road LLC by deeds of record in Instrument Number 200412290293375
(Franklin County) and Official Record 586, Page 945 (Union County) (all references refer to the records
of the Recorder's Office, Franklin and Union Counties), and being described as follows:
Beginning for reference at a magnetic nail set at the centerline intersection of State Route 161
with the southerly terminus of Industrial Parkway and the northerly terminus of Eiterman Road,
Thence South 66° 01' 39" West, with the centerline of said State Route 161, a distance of 484.46
feet to a point,
Thence South 23° 58' 21" East, across the right -of -way of said State Route 161, a distance of
49.87 feet to an iron pin set in the southerly right -of -way line thereof, being the southerly line of the 2.258
acre tract conveyed to City of Dublin by deed of record in Official Record 582, Page 641 (Union County),
at a northwesterly corner of said 14.847 acre tract, and a northeasterly corner of that 74.503 acre tract
conveyed to City of Dublin, Ohio by deeds of record in Instrument Number 200710300187804 (Franklin
County) and Official Record 760, Page 59 (Union County), being the TRUE POINT OF BEGINNING;
Thence North 66° 00' 00" East, with the southerly right -of -way line of said State Route 161, the
southerly line of said 2.258 acre tract and the northerly line of said 14.847 acre tract, a distance of 60.75
feet to a 3/4" iron pipe capped "7661" found at a northeasterly corner ofsaid 14.847 acre tract,
Thence South 15° 02' 19" East, with a line common to said 14.847 and 74.503 acre tracts, a
distance of 255.57 feet to a 3/4" iron pipe found;
Thence North 62° 30' 42" West, across said 14.847 acre tract, a distance of 81.45 feet to an iron
pin set in the line common to said 14.847 and 74.503 acre tracts;
Thence North 15° 02' 01 West, with a line common to of said 14.847 and 74.503 acre tracts, a
distance of 191.05 feet to the TRUE POINT OF BEGINNING and containing 0.308 acre of land, more or
less.
Subject, however, to all legal rights -of -way and /or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter,
thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
Bearings are based on the same meridian as the bearings shown on the subdivision plat entitled
"Ballantrae Section I Part 1" of record in Plat Book 98, Pages 30 and 31, Recorder's Office, Franklin
County, Ohio, with a bearing of North 85° 41'57" East, for a portion of Shier Rings Road. Bearings are
based on the Ohio Plane Coordinate System NAD83 (1986 Adjustment).
EVANS, MECIiWART, HAMBLETON & TILTON, INC.
Heather L. King Date
Registered Surveyor No. 8307
[ILK tb /19J -09
0 308 ac 9011696,
SURVEY OF ACREAGE TRACT
mom= VIRGINIA MILITARY SURVEY NO. 6748
Evans, Mechwart, Hambleton & Tilton, Inc. CITY OF DUBLIN (WASHINGTON TOWNSHIP, FRANKLIN COUNTY)
Engineers • anod •Planners •Scientists COUNTY OF UNION, STATE OF OHIO
5500 New Albbany y Road. Columbus. OH 43054
Phone' 614.775.4500 Fax: 614.7754800
x v 1 Date: June 10, 2009 Job No. 2009 -0069 ' Scale: 1"=50'
REVISED: June 19, 2009
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FEMA NOTE: According to the Federal Emergency Management Agency's Flood
Insurance Map (dated June 17, 2008), the subject parcel shown hereon lies within
Zone X (areas determined to be outside the 0.2% annual chance Flood plain),
Community Panel No. 39049CO131K.
BASIS OF BEARINGS: Bearings are based on the some meridian as the bearings shown
on the subdivision plat entitled "Ballontrae Section 1 Port 1" of record in Plat Book
98, Pages 30 and 31, Recorder's Office, Franklin County, Ohio, with a bearing of
North 85 41' 57" East, for a portion of Shier Rings Road. Bearings are based on the
Ohio State Plane Coordinate System NAD83 (1986 Adjustment)
N = MON. FND.
• = 314" I.P. FND.
(CAPPED AS NOTED)
o = I.P. SET
O = MAG. NAIL SET
I.P. Set are 13116" I.D. iron
pipe with cap inscribed EMHT INC
50' 0 50' 100'
MMMMENi By
GRAPHIC SCALE
(IN FEET)
Dubtin City of / City of Dublin Survey Services/ Post R
Professional Surveyor No. 8307
oco