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Ordinance 21-11RECORD OF ORDINANCES Inc. Ordinance No. 21 -11 Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION FOR THE ACQUISITION OF A 0.058 ACRES, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.044 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM TRIPLEX COMPANY, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin ( "City ") is preparing to construct a modern roundabout at Perimeter Drive and Commerce Parkway intersection; and WHEREAS, the Triplex Company ( "Triplex ") owns a parcel that the City must acquire property interests from in order to construct said roundabout; and WHEREAS, the City and Triplex participated in discussions for the acquisition of these necessary property interests from Triplex, and the parties have come to mutually agreeable terms for their acquisition; and WHEREAS, the City desires to execute the necessary conveyance documentation to complete the transaction between Triplex and the City. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, T of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire an approximate 0.058 acres fee simple interest, and an approximate 0.044 acres temporary construction easement from Triplex, as described in the legal descriptions attached as Exhibit "A ". Section 2. Triplex shall be compensated for the aforementioned property interests in the amount of Twenty -Three Thousand Seven Hundred Ten Dollars ($23,710.00). Section 3 . This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The acquisition of the property interests described herein is necessary to improve traffic circulation and concurrently addresses safety concerns for the citizens of Dublin. As such, this ordinance shall go into immediate effect upon passage. Passed thisg-�%day of 2011. • ing • ATTEST: GZ � 6? 0- - Clerk of Council CITY OF DUBLIN_ Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 To: Members of Dublin City Council From: Marsha Grigsby, City Manager4 ..For M G Date: April 21, 2011 `� Initiated By: Paul A. Hammersmith, PE, Director of Engineering/City Engineer Stephen J. Smith, Law Director Asim Z. Haque, Law Department Memo Re: Ordinance 21 -11 —Land Acquisition— Triplex Company (6543 Commerce Parkway) Perimeter Drive /Commerce Parkway Roundabout Project Background The City of Dublin ('City ") is preparing to construct a modern roundabout at the intersection of Perimeter Drive and Commerce Parkway. The City must acquire property interests from one landowner located at the northwest corner of the intersection in order to construct the roundabout. The City has come to an agreement with one of the landowners, the Triplex Company ('Triplex "), pursuant to the terms outlined in this memorandum. Summary The City will be acquiring from Triplex only those property interests needed for the roundabout project. These property interests are generally depicted in the map that is attached to this memorandum. In total, the acquisition consists of the following property interests: PROPERTY INTEREST ACRES COST ACQUIRING 1. Right of Way 0.058 $13,500 2. Temporary Construction 0.044 $ 2,460 Easement 3. Land Improvements Two Mature Trees $ 7,750 and Lawn Sod TOTAL COMPENSATION $ 23,710 Ordinance 21 -11 would allow the City Manager to execute all necessary conveyance documentation to formally acquire the aforementioned property interests. Recommendation Staff recommends that Council dispense with the public hearing and pass Ordinance 21 -11 as an emergency, as the immediate acquisition of these property interests is necessary to proceed with the Perimeter Drive /Commerce Parkway roundabout construction project. CITY OF DUBLIN PREPARED BY THE CITY OF DUBLIN DIVISION OF ENGINEERING � w sir 5800 Shier Rings Road • Dublin. Ohio 49018 -1298 Phone (814)410 -4800 • hx (814)410 -4899 08- 016 -CIP PERIMETER DRIVE / COMMERCE PARKWAY ROUNDABOUT 6631 COMMERCE PARKWAY PID 273 - 007304 I I I I I I I I I 61 I / TRIPLEX CO. NW WD. 0. 58 Ac. NW —T: 0. 44 Ac. �c NW I� T I LEG ND /I PRO OSED RIGHT -OF -WAY N W PROP SED TEMPORARY EASEMENT �' —I WD o �- ❑ DRAWN I CHECKED I DATE: I'!f;�� JOB NO. [11AM1111 SCALE: 1' = 50' 50' 25' 0 50' 04/20/11 CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY This Contract For Sale and Purchase of Real Property (this "Agreement ") is by and between the between the City of Dublin, Ohio, an Ohio municipal corporation (hereinafter referred to as the "Purchaser "), having an office at 5200 Emerald Parkway, Dublin, Ohio 43017- 1006, and the Triplex Co. (hereinafter collectively referred to as "Seller "), with an address of 6453 Commerce Parkway, Suite T, Dublin, Ohio 43017. Purchaser and Seller are referred to individually herein as "Party" and collectively as "Parties." Recitals WHEREAS, Purchaser is constructing roadway improvements which necessitate the acquisition of certain property from Seller to be held by Purchaser as public right -of -way, said property described in the attached Exhibit A; and WHEREAS, Purchaser agrees to purchase the property described in Exhibit A and Seller agrees to sell that same property to Purchaser pursuant to the terms set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual promises, agreements and covenants herein contained, the Parties agree as follows: Provisions 1. Price and Consideration Purchaser shall pay to Seller the sum of Twenty Three Thousand Seven Hundred Ten Dollars ($23,710.00), which sum shall constitute the entire amount of compensation due Seller for: (a) the real property described in the attached Exhibit A which includes acquisition of property in fee simple and a temporary construction easement; (b) any and all damages to any residual lands of Seller; (c) Seller's covenants set forth herein. Seller shall be exclusively responsible for all delinquent taxes and assessments, including penalties and interest, and for all other real estate taxes and assessments that are a lien as of the date on which this Agreement closes. The taxes and assessments for the current calendar year shall be prorated on an estimated basis to the date of acquisition of title or date of possession, whichever is earlier in time. 2. Deed to Transfer Seller, upon fulfillment of all the obligations and terms of this Agreement, shall sell and convey to Purchaser, its successors and assigns, the property which is more particularly described in Exhibit A. If the rights, titles and estates described in Exhibit A constitute the fee simple in, to and of the real property, then such sale and conveyance by Seller shall be by a good and sufficient general warranty deed with, if applicable, full release of dower. In the event the rights, titles, and estates described in Exhibit A constitute something less than the fee simple of the real property, then such sale and conveyance by Seller shall be by a good and sufficient deed tH2211836.1 ) Page 1 of 6 or other instrument regularly and ordinarily used to transfer such lesser rights, titles and estates with, if applicable, full release of dower. 3. Supplemental Instruments Seller agrees to execute any and all supplemental instruments or documents necessary to vest Purchaser with the rights, titles and interests described in Exhibit A. 4. Warranty of Title Seller shall, and hereby does, warrant that the property described in Exhibit A is free and clear from all liens and encumbrances whatsoever, except: (a) easements, restrictions, conditions and covenants of record; (b) all legal highways; (c) zoning and building laws, ordinances, rules and regulations; and (d) any and all taxes and assessments not yet due and payable. 5. Elimination of Others' Interests Seller shall assist, in whatever manner reasonably possible under the circumstances, to procure and deliver to Purchaser releases and cancellations of any and all other rights, titles and interests in the property described in Exhibit A, such as, but not limited to, those belonging to tenants, lessees, mortgagees or others now in possession or otherwise occupying the subject premises, and all assessment claims against said property. Seller and Purchaser agree that if a mortgagee of Seller or of a predecessor in title fails to cooperate with the efforts to obtain a release of that mortgagee's mortgage lien secured by the property described in Exhibit A, then and in that event this Agreement shall become null and void and the parties to this Agreement shall be discharged and released from any and all obligations created by this Agreement; for the purposes of this provision, the term "fails to cooperate" shall include a demand or request by any such mortgagee for a fee to process such a release of that mortgagee's mortgage lien that Purchaser, in its sole discretion, deems to be excessive. 6. No Change in Character of Property Seller shall not change the existing character of the land or alter, remove, destroy or change any improvement located on the property described in Exhibit A. If, prior to the date on which possession of the subject property is surrendered to Purchaser, the subject property suffers any damage, change, alteration or destruction then, and without regard to the cause thereof, Seller shall restore the subject property to the condition it was in at the time Seller executed this Agreement; in the alternative, Seller may agree to accept the abovementioned purchase price less the costs associated with such restoration. If the Seller refuses to either restore the premises or accept the decreased consideration as aforementioned, then Purchaser, at its option after discovery or notification of such damage, change, alteration or destruction, may terminate and cancel this Agreement upon written notice to Seller. {H2211836.1 } Page 2 of 6 7. Offer to Sell If Seller executes this Agreement prior to Purchaser, then this Agreement shall constitute and be an offer to sell by Seller that shall remain open for acceptance by Purchaser for a period of twenty (20) days immediately subsequent to the date on which Seller delivers such executed Agreement to Purchaser. Upon Purchaser's acceptance and execution of this Agreement within said period of twenty days, this Agreement shall constitute and be a valid Contract For Sale and Purchase of Real Property that is binding upon the Parties. 8. Closing Date The consummation and closing of this Agreement shall occur at such time and place as the Parties may agree, but no later than thirty (30) days after Purchaser notifies Seller in writing that Purchaser is ready to consummate and close this Agreement. Provided, however, in no event shall such consummation and closing occur more than one hundred twenty (120) days after the last date on which one of the Parties executes this Agreement. 9. Physical Possession of Land and Improvements Seller shall surrender physical possession of the land and improvements to Purchaser not later than the date on which Purchaser tenders the purchase price to Seller. 10. Control of Property Occupied by Seller's Tenant(s) Control of property occupied by Seller's tenant(s) shall be assumed by Purchaser on the date Purchaser tenders the purchase price to Seller. From that date forward, Purchaser shall be entitled to collect and retain as its own funds any and all rental payments thereafter made by such tenant(s). If any rents due under the lease(s) with Seller have been prepaid by Seller's tenant(s), then said prepaid rents shall be prorated to the date on which the purchase price is tendered by Purchaser, and said prepaid rents shall be paid to Seller and Purchaser in accordance with such proration. 11. Binding Agreement Any and all of the terms, conditions and provisions of this Agreement shall be binding upon and shall inure to the benefit of Seller and Purchaser and their respective heirs, executors, administrators, successors and assigns. 12. Multiple Originals This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together shall constitute but one and the same instrument. 13. Entire Agreement This instrument contains the entire agreement between the Parties, and it is expressly understood and agreed that no promises, provisions, terms, warranties, conditions or obligations (H2211836.1 ) Page 3 of 6 whatsoever, either express or implied, other than herein set forth, shall be binding upon either Seller or Purchaser. 14. Amendments and Modifications No amendment or modification of this Agreement shall be valid or binding upon the Parties unless it is made in writing, cites this Agreement and is signed by Seller and Purchaser. 15. Governing Law This Agreement shall be governed by the laws of the State of Ohio, and the venue for any claim relating to said Agreement shall be an applicable Court in Franklin County, Ohio. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated immediately below their respective signatures. PURCHASER THE CITY OF DUBLIN, OHIO Marsha I. Grigsby, City Manager STATE OF OHIO COUNTY OF ss. BE IT REMEMBERED, that on this day of , 20, before me, the subscriber, a Notary Public in and for said state, personally appeared Marsha I. Grigsby, City Manager of the City of Dublin, Ohio, an Ohio municipal corporation, the Purchaser in the foregoing Agreement, and acknowledged the signing thereof to be his/her voluntary act and deed for and on behalf of the City of Dublin, Ohio. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. Notary Public IH2211836 I ) Page 4 of 6 SELLER TRIPLEX CO. Peter M. Klein STATE OF OHIO COUNTY OF : ss. BE IT REMEMBERED, that on this — day of , 20, before me, the subscriber, a Notary Public in and for said state, personally appeared Peter M. Klein, duly authorized representative of the Triplex Co., a Seller in the foregoing Agreement, and acknowledged the signing thereof to be her voluntary act. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. Notary Public (H2211836.1 ) Page 5 of 6 EXHIBIT A LEGAL DESCRIPTIONS (H2211836 _I } Page 6 of 6 EXHIBIT A DESCRIPTION OF A 0.058 ACRE RIGHT -OF -WAY PARCEL NORTHWEST CORNER OF COMMERCE PARKWAY & PERIMETER DRIVE FOR THE CITY OF DUBLIN, OHIO Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey Number 2542, being a part of that 2.993 acre remainder of Lot No. 1 of the METRO NORTH BUSINESS PARK Subdivision, as recorded in Plat Book 66, Page 71, as conveyed to the Triplex Company by deed of record in Official Record 28091 G08, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning for Reference at a 1" iron pipe found with a plastic yellow cap inscribed " #6579" marking a southwest corner of that 13.895 acre tract as conveyed to the City of Dublin by deed of record in Instrument Numbers 200903230040244, 200903230040245, and 200903230040246 at the intersection of the existing northerly right -of -way line of Perimeter Drive, shown as Parcel 47WD on the Right -of -Way plans for Perimeter Drive Extension to Coffman Road (Sheet 152), on file at the City of Dublin Engineer's Office, as established by deed of record in Instrument Number 199802100030106, with the original easterly right -of -way line of Commerce Parkway as shown on said plat for METRO NORTH BUSINESS PARK Subdivision, being 25.00 feet right of Commerce Parkway station 12 +31.50; Thence South 85 degrees 49 minutes 12 seconds West, a distance of 50.00 feet, perpendicular to the existing right -of -way centerline of Commerce Parkway, and across the existing right -of -way of Commerce Parkway, to a point in the existing westerly right - of -way line of Commerce Parkway, in the easterly line of said Triplex 2.993 acre tract, and in the easterly line of said Lot No. 1 of said METRO NORTH BUSINESS PARK Subdivision, being 25.00 feet left of Commerce Parkway station 12 +31.50; Thence South 04 degrees 10 minutes 48 seconds East, a distance of 8.00 feet, along the existing westerly right -of -way line of Commerce Parkway, along the easterly line of said Triplex 2.993 acre tract, and along the easterly line of said Lot No. 1, to an iron pipe set at the intersection with the existing northerly right -of -way line of Perimeter Drive (formerly known as Wall Street) as shown on the plat of said METRO NORTH BUSINESS PARK Subdivision, at the southeast corner of said Triplex 2.993 acre tract and the southeast comer of said Lot No. 1, being 25.00 feet left of Commerce Parkway station 12 +23.50, and being the Point of True Beginning; Thence South 85 degrees 49 minutes 12 seconds West, a distance of 89.45 feet, along the existing northerly right -of -way line of Perimeter Drive, along the southerly line of said Triplex 2.993 acre tract, and along the southerly line of said Lot No. 1, to an iron pipe set at the intersection with the proposed northerly right -of -way line of Perimeter Drive, being 60.00 feet left of Perimeter Drive station 8 +60.00; Thence North 64 degrees 05 minutes 10 seconds East, a distance of 35.84 feet, along the proposed northerly right -of -way line of Perimeter Drive, across said Triplex 2.993 acre tract, and across said Lot No. 1, to an iron pipe set at a point of tangent curvature, being 81.15 feet left of Commerce Parkway station 12 +36.77; Thence with the arc of a curve to the left for 46.62 feet, along the proposed northerly right -of -way line of Perimeter Drive, across said Triplex 2.993 acre tract, and across said Lot No. 1, having a radius of 65.65 feet, a central angle of 40 degrees 41 minutes 03 seconds, a chord bearing of North 43 degrees 44 minutes 38 seconds East, a chord distance of 45.64 feet, to an iron pipe set at a point of tangency being 47.28 feet left of Commerce Parkway station 12 +67.36; 0.058 ACRE RIGHT -OF -WAY PARCEL Thence North 23 degrees 24 minutes 07 seconds East, a distance of 48.11 feet, along the proposed northerly right -of -way line of Perimeter Drive, across said Triplex 2.993 acre tract, and across said Lot No. 1, to an iron pipe set at the intersection with the existing westerly right - of - way line of Commerce Parkway, being 25.00 feet left of Commerce Parkway station 13 +10.00; Thence South 04 degrees 10 minutes 48 seconds East, a distance of 86.50 feet, along the existing westerly right -of -way line of Commerce Parkway, along the easterly line of said Triplex 2.993 acre tract, and along the easterly line of said Lot No. 1, to the Point of True Beginning, containing 0.058 acres, more or less, of which 0.000 acres, more or less, lies within the present road occupied; Of the above described area, 0.058 acres is contained within the Franklin County Auditor's Parcel 273- 007304; The bearing datum of the afore - described parcel is based on the bearing of North 04 degrees 10 minutes 48 seconds West, for the centerline of Commerce Parkway, from an adjusted field survey using G.P.S. methods from Franklin County Monuments #5417, #4463 and #N8 -94, based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983 (1986 Adjustment). All stationing is based on the plans for Perimeter Drive & Commerce Parkway Intersection Improvements (08- 016 -CIP) on file at the City of Dublin Engineer's Office. This description was based upon a survey of Commerce Parkway, Perimeter Drive, and Emerald Parkway by Stantec Consulting Services, Inc., in February 2009, and prepared on October 18, 2010 by Tim A. Baker, Registered Surveyor 7818. Iron pipes set are 3/4 inches in diameter by 30 inches long with a yellow plastic cap placed on top with the designation "STANTEC ". Grantor claims title by instrument of record in Official Record 28091 G08, of the Recorder's Office, Franklin County, Ohio. STANTEC CONS TIN SERVICES, INC. , . p E OF o '',,, C O , �k TIM /O Registered Surveyor No. 7818 Date �k A. BAKER 0 7818 <t � P�r'/STE�O� �X �j ^ �1 �' LL � s���•'�� 0 oS� o -1- 0�- DESCRIPTION - 104ED DEAN C. RINCLP, P.P., N.S. DA TEN ; ,21 �' CINEE 1 ��O EXHIBIT B METRO NORTH BUSINESS PARK P.B. 66, PG. 71 I ,Ic TRIPLEX COMPANY p17� I 273 - 007304 2.993 ACRES I I¢ O.R. 28091 008 I.P.S. LOT I o, LA N 0.058 ACRES " : °° � 1 I .P.S. o ° m t ,p E S8°_ N I.P.S. � J = - I —P.s. S 85'49'12" W 89.45' p0 0 PERIMETER DRIVE (FORMERLY WALL � STREET) P P.B. 66, r r _ 1 z � -0 O r l 1 J I r fJ I r I r , rn I , r C7 i� 1 r� I. r L , r W ' 1 I T ROAD, WII.COX ROAD , PERIMETER DRIV POS E ; 1 8t EASEMENTS DEPGAS N PLAT P.B. 85, _ -r I I I z CITY OF DUBLIN �I 273 - 003966 13.531 ACRES x o I� O.R. 14395 D02 1 D ' LOT f I 1 1 PIPE - __ Pe r ime ter D N 85 ' 12" E PARCEL 47WD I 199802100030106 r PIPE r EX. R]W - - — r � PIPE W /CAP " #6579" CITY OF DUBLIN Irn 273 - 010591 5.457 ACRES 1 I.N. 200101110007672 I I.N. 200101110007673 I.N. 200101110007674 1 AN ACTUAL FIELD SURVEY USINC FROM FRANKLIN COUNTY MONUMENTS 15417, /4463, AND /N8 -94, FROM THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NORTH AMERICAN DATUM 1983 (1986 ADJUSTMENT). Registered Surveyor /7818 Dale CITY OF DUBLIN 273 - 012291 13.895 ACRES I.N. 200903230040244 I.N. 200903230040245 I.N. 200903230040246 NUMBER C1 I DELTA ANC. 40'41'03 - LT. I RADIUS 65.65' I ARC LEN 46.62' I CHORD BEARING IN 43'44'38' E CHORD 45.64' 0. 058 ACRE RIGHT —OF —WAY PARCEL MONUMENT LEGEND O R.R.S. FOUND +, + ,�„nnrnh rrr +.•° OF 0'' -,, COMMERCE PKWY. & PERIMETER DR. O REBAR FOUND ' �E �,`'� 1P .• " " "' •.'S ':� FRANKLIN COUNTY. CITY OF DUBLIN, OHIO O IRON PIN FOUND VIRGINIA MILITARY SURVEY 2542 O R/W MONUMENT FD * : TIM : * = 0 40 so • 3/4 IRON PIPE SET = A. WITH RED CAP "STANTEC" BAKER = scaE w FEET - - 0 7618 �• ? Prepared By BASIS OF BEARINGS �= 130 C TE '�FG �� ° �� ''•.!Sa• C ' �'.," Stantec Consulting ervices, Inc. 1500 ka Sho Drive. Suits 100 Lake THE BEARINGS ARE BASED ON THE CENTERLINE OF SS/ONAL sv� �'+ Columbus, Ohio 43204 COMMERCE PARKWAY AS BEING N04'10'48'W. G P FROM '''1,rrlrrrr„rs'` ++ +` S METHODS Phone: (614) 4BB -4383 AN ACTUAL FIELD SURVEY USINC FROM FRANKLIN COUNTY MONUMENTS 15417, /4463, AND /N8 -94, FROM THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NORTH AMERICAN DATUM 1983 (1986 ADJUSTMENT). Registered Surveyor /7818 Dale CITY OF DUBLIN 273 - 012291 13.895 ACRES I.N. 200903230040244 I.N. 200903230040245 I.N. 200903230040246 DESCRIPTION OF A 0.044 ACRE TEMPORARY EASEMENT FOR GRADING NORTHWEST CORNER OF COMMERCE PARKWAY & PERIMETER DRIVE FOR THE CITY OF DUBLIN, OHIO Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey Number 2542, being a part of that 2.993 acre remainder of Lot No. 1 of the METRO NORTH BUSINESS PARK Subdivision, as recorded in Plat Book 66, Page 71, as conveyed to the Triplex Company by deed of record in Official Record 28091 G08, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning for Reference at a 1" iron pipe found with a plastic yellow cap inscribed " #6579" marking a southwest corner of that 13.895 acre tract as conveyed to the City of Dublin by deed of record in Instrument Numbers 200903230040244, 200903230040245, and 200903230040246 at the intersection of the existing northerly right -of -way line of Perimeter Drive, shown as Parcel 47WD on the Right -of -Way plans for Perimeter Drive Extension to Coffman Road (Sheet 152), on file at the City of Dublin Engineer's Office, as established by deed of record in Instrument Number 199802100030106, with the original easterly right -of -way line of Commerce Parkway as shown on said plat for METRO NORTH BUSINESS PARK Subdivision, being 25.00 feet right of Commerce Parkway station 12 +31.50; Thence South 85 degrees 49 minutes 12 seconds West, a distance of 50.00 feet, perpendicular to the existing right -of -way centerline of Commerce Parkway, and across the existing right -of -way of Commerce Parkway, to a point in the existing westerly right - of -way line of Commerce Parkway, in the easterly line of said Triplex 2.993 acre tract, and in the easterly line of said Lot No. 1 of said METRO NORTH BUSINESS PARK Subdivision, being 25.00 feet left of Commerce Parkway station 12 +31.50; Thence South 04 degrees 10 minutes 48 seconds East, a distance of 8.00 feet, along the existing westerly right -of -way line of Commerce Parkway, along the easterly line of said Triplex 2.993 acre tract, and along the easterly line of said Lot No. 1, to an iron pipe set at the intersection with the existing northerly right -of -way line of Perimeter Drive (formerly known as Wall Street) as shown on the plat of said METRO NORTH BUSINESS PARK Subdivision, at the southeast comer of said Triplex 2.993 acre tract and the southeast corner of said Lot No. 1, being 25.00 feet left of Commerce Parkway station 12 +23.50; Thence South 85 degrees 49 minutes 12 seconds West, a distance of 89.45 feet, along the existing northerly right -of -way line of Perimeter Drive, along the southerly line of said Triplex 2.993 acre tract, and along the southerly line of said Lot No. 1, to an iron pipe set at the intersection with the proposed northerly right -of -way line of Perimeter Drive, being 60.00 feet left of Perimeter Drive station 8 +60.00, and being the Point of True Beginning; Thence continuing South 85 degrees 49 minutes 12 seconds Wes , a distance of 40.00 feet, along the existing northerly right -of -way line of Perimeter Drive, along the southerly line of said Triplex 2.993 acre tract, and along the southerly line of said Lot No. 1, to a point being 60.00 feet left of Perimeter Drive station 8 +20.00; Thence North 65 degrees 15 minutes 50 seconds East, a distance of 85.44 feet, across said Triplex 2.993 acre tract and said Lot No. 1, to a point being 90.00 feet left of Perimeter Drive station 9 +00.00; Thence North 23 degrees 52 minutes 10 seconds East, a distance of 41.36 feet, across said Triplex 2.993 acre tract and said Lot No. 1, to a point being 55.00 feet left of Commerce Parkway station 12 +90.00; 0.044 ACRE TEMPORARY EASEMENT Thence North 52 degrees 07 minutes 48 seconds East, a distance of 36.06 feet, across said Triplex 2.993 acre tract and said Lot No. 1, to an iron pipe set at the intersection with the existing westerly right -of -way line of Commerce Parkway in the easterly line of said Triplex 2.993 acre tract and said Lot No. 1, being 25.00 feet left of Commerce Parkway station 13 +10.00; Thence South 23 degrees 24 minutes 07 seconds West, a distance of 48.11 feet, along the proposed westerly right -of -way line of Commerce Parkway, and across said Triplex 2.993 acre tract and said Lot No. 1, to an iron pipe set at a point of tangent curvature, being 47.28 feet left of Commerce Parkway station 12 +67.36; Thence with the arc of a curve to the right for 46.62 feet, along the proposed westerly right -of -way line of Commerce Parkway, and across said Triplex 2.993 acre tract and said Lot No. 1, having a radius of 65.65 feet, a central angle of 40 degrees 41 minutes 03 seconds, a chord bearing of South 43 degrees 44 minutes 38 seconds West, a chord distance of 45.64 feet to an iron pipe set at a point of tangency, being 81.15 feet left of Commerce Parkway station 12 +36.77; Thence South 64 degrees 05 minutes 10 seconds West, a distance of 35.84 feet, along the proposed northerly right -of -way line of Perimeter Drive, across said Triplex 2.993 acre tract, and across said Lot No. 1, to the Point of True Beginning, containing 0.044 acres, more or less; Of the above described area, 0.044 acres is contained within the Franklin County Auditor's Parcel 273- 007304; The bearing datum of the afore - described parcel is based on the bearing of North 04 degrees 10 minutes 48 seconds West, for the centerline of Commerce Parkway, from an adjusted field survey using G.P.S. methods from Franklin County Monuments #5417, #4463 and #N8 -94, based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983 (1986 Adjustment). All stationing is based on the plans for Perimeter Drive & Commerce Parkway Intersection Improvements (08- 016 -CIP) on file at the City of Dublin Engineer's Office. This description was based upon a survey of Commerce Parkway, Perimeter Drive, and Emerald Parkway by Stantec Consulting Services, Inc., in February 2009, and prepared on October 18, 2010 by Tim A. Baker, Registered Surveyor 7818. Iron pipes set are 3/4 inches in diameter by 30 inches long with a yellow plastic cap placed on top with the designation "STANTEC ". Grantor claims title by instrument of record in Official Record 28091 G08, of the Recorder's Office, Franklin County, Ohio. *` , ,,,,,,, • STANTEC CONSULTING SERVICES, INC. .' OF le * T � Registered Surveyor No. 7818 Date A. - BAKER - o 7818 �0*, pFG15TER�V '"88/ONAL S \)� (METRO NORTH BUSINESS PARK P.B. 66, PG. 71 TRIPLEX COMPANY 273 - 007304 2.993 ACRES O.R. 28091 008 *6311 1 .S. ri 1 ' 'o D 1� I J � I� a 1 1 1 ;85'49'12"W 1 50 VT PERIMETER DRIVE (FORMERLY WA STREET) P.B. 66, I POST ROAD, WILCOX ROAD, _ PERIMETER DRIVE & EASEMENTS DEDICATION PLAN - - P. B. 8`PG_ 5 �{ - — - EX. R/W I CITY OF DUBLIN 1 273 - 003966 LOT I 13.531 ACRES L O.R. 14395 D02 11v XI ' 1 �I 1 i I 7 'Z r oil-,% P10 -0 ? co ! l IE EX. - R /W (E P e r imet er D rL') Y _ N 85'49' E I x 1 I� 1 I CITY OF DUBLIN 273 - 012291 13.895 ACRES I.N. 200903230040244 I.N. 200903230040245 I.N. 200903230040246 PARCEL 47WD 19980210 " #6579" CITY OF DUBLIN 273 - 010591 5.457 ACRES I.N. 200101 1 10007672 I.N. 200101110007673 I.N. 200101 1 10007674 v I NUMBER DELTA ANG. RADIUS ARC LEN CHORD BEARING CHORD 1 1 2r"� C1 40'41'03 "RT. 65.65' 1 46.62' IS 43'44'38" W 1 45.64' 0. 044 ACRE TEMPORARY EASEMENT D MONUMENT LEGEND COMMERCE PKWY. do PERIMETER DR. Z R.R.S. FOUND o '••• OF.. c O REBAR FOUND `P� y,''�, FRANKLIN COUNTY, CITY OF DUBLIN, OHIO O �;`• IRON PIN FOUND : Gj ,•' p VIRGINIA MILITARY SURVEY 2542 c O R/W MONUMENT FD * :' TIM * D 40 so U) • 3/4" IRON PIPE SET = A. WITH RED CAP "STANTEC" - BAKER SCALE w FEET _ 0 7818 -' Prepared By _ :D BEARINGS �0�' FG /gTEK��' t�,�� Stantec ConaulUrty Services, Inc. d BASIS Of THE BEARINGS ARE BASED ON THE CENTERLINE OF S1ONA � S 1500 take Shore Drive. Suite 100 Columbus, Ohio 43204 \ M A 13EI14G •�' " "'" Phone: (a l4) 488 -4383 ANACTUAL FIELD U NG G.P.S. "•,�,� FROM FRANKLIN COUNTY MONUMENTS /5417 #4463, y AND JNS - 94, FROM THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NORTH AMERICAN p DATUM 1983 (1986 ADJUSTMENT). Registered Surveyor /7818 Dole EXHIBIT B v�n 1 XI 93 X11 Pei j In I 1 1 I I 1 on O m I a r 1 0 1 I O I� 1 Ln (A I 1 Irn i j IX 1 1 ° I o p l 1 1 2r"� GENERAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, that Triplex Company, an Ohio corporation (the "Grantor "), for valuable consideration paid, grants, with general warranty covenants, to the City of Dublin, Ohio, an Ohio municipal corporation (the "Grantee "), whose tax mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017, the real property situated in the State of Ohio, County of Franklin, and City of Dublin, being legally described on Exhibit "A" and depicted on Exhibit "B " , each of which is attached to this deed (the "Property ") Prior Instrument Reference No.: O.R. 28091 G08 Franklin County Recorder's Office Split from Parcel Number: 273 - 007304 Said Grantor, for itself and its successors and assigns, hereby covenants with the said Grantee, its successor and assigns, that the it is the true and lawful owner of the Property, and lawfully seized of the same in fee simple and that it has good and right and full power to grant, bargain, sell, convey and release the same in the manner aforesaid. THE REAL PROPERTY LEGALLY DESCRIBED ON EXHIBIT "A" AND DEPICTED ON EXHIBIT `B" IS INTENDED BY GRANTEE TO BE HELD FOR PUBLIC USE AS A RIGHT -OF -WAY. The grant of the Property is subject to easements, conditions, covenants, restrictions and reservations of record, zoning ordinances and legal highways, and real estate taxes and assessments not yet due and payable. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of , 2011. Triplex Company, an Ohio corporation Its: Print Name: [Acknowledgement on the following page] {H2211121.1 > ACKNOWLEDGEMENT STATE OF OHIO COUNTY OF FRANKLIN M BE IT REMEMBERED, that on this day of , 2011, before me, the subscriber, a Notary Public in and for said county and state, personally came , the of Triplex Company, an Ohio corporation, who acknowledged the signing thereof to be his /her free act and deed for and on behalf of such Ohio corporation. Notary Public This Instrument Prepared By: Lesley R. Avery, Esq. Schottenstein, Zox & Dunn, Co., LPA 250 West Street Columbus, Ohio 43215 (H2211121.1 } EXHIBIT A DESCRIPTION OF A 0.058 ACRE RIGHT -OF -WAY PARCEL NORTHWEST CORNER OF COMMERCE PARKWAY & PERIMETER DRIVE FOR THE CITY OF DUBLIN, OHIO Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey Number 2542, being a part of that 2.993 acre remainder of Lot No. 1 of the METRO NORTH BUSINESS PARK Subdivision, as recorded in Plat Book 66, Page 71, as conveyed to the Triplex Company by deed of record in Official Record 28091 G08, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning for Reference at a 1" iron pipe found with a plastic yellow cap inscribed " #6579" marking a southwest corner of that 13.895 acre tract as conveyed to the City of Dublin by deed of record in Instrument Numbers 200903230040244, 200903230040245, and 200903230040246 at the intersection of the existing northerly right -of -way line of Perimeter Drive, shown as Parcel 47WD on the Right -of -Way plans for Perimeter Drive Extension to Coffinan Road (Sheet 152), on file at the City of Dublin Engineer's Office, as established by deed of record in Instrument Number 199802100030106, with the original easterly right -of -way line of Commerce Parkway as shown on said plat for METRO NORTH BUSINESS PARK Subdivision, being 25.00 feet right of Commerce Parkway station 12 +31.50; Thence South 85 degrees 49 minutes 12 seconds West, a distance of 50.00 feet, perpendicular to the existing right -of -way centerline of Commerce Parkway, and across the existing right -of -way of Commerce Parkway, to a point in the existing westerly right - of -way line of Commerce Parkway, in the easterly line of said Triplex 2.993 acre tract, and in the easterly line of said Lot No. 1 of said METRO NORTH BUSINESS PARK Subdivision, being 25.00 feet left of Commerce Parkway station 12 +31.50; Thence South 04 degrees 10 minutes 48 seconds East, a distance of 8.00 feet, along the existing westerly right -of -way line of Commerce Parkway, along the easterly line of said Triplex 2.993 acre tract, and along the easterly line of said Lot No. 1, to an iron pipe set at the intersection with the existing northerly right -of -way line of Perimeter Drive (formerly known as Wall Street) as shown on the plat of said METRO NORTH BUSINESS PARK Subdivision, at the southeast corner of said Triplex 2.993 acre tract and the southeast corner of said Lot No. 1, being 25.00 feet left of Commerce Parkway station 12 +23.50, and being the Point of True Beginning; Thence South 85 degrees 49 minutes 12 seconds West, a distance of 89.45 feet, along the existing northerly right -of -way line of Perimeter Drive, along the southerly line of said Triplex 2.993 acre tract, and along the southerly line of said Lot No. 1, to an iron pipe set at the intersection with the proposed northerly right -of -way line of Perimeter Drive, being 60.00 feet left of Perimeter Drive station 8 +60.00; Thence North 64 degrees 05 minutes 10 seconds East, a distance of 35.84 feet, along the proposed northerly right -of -way line of Perimeter Drive, across said Triplex 2.993 acre tract, and across said Lot No. 1, to an iron pipe set at a point of tangent curvature, being 81.15 feet left of Commerce Parkway station 12 +36.77; Thence with the arc of a curve to the left for 46.62 feet, along the proposed northerly right -of -way line of Perimeter Drive, across said Triplex 2.993 acre tract, and across said Lot No. 1, having a radius of 65.65 feet, a central angle of 40 degrees 41 minutes 03 seconds, a chord bearing of North 43 degrees 44 minutes 38 seconds East, a chord distance of 45.64 feet, to an iron pipe set at a point of tangency being 47.28 feet left of Commerce Parkway station 12 +67.36; 0.058 ACRE RIGHT -OF -WAY PARCEL Thence North 23 degrees 24 minutes 07 seconds East, a distance of 48.11 feet, along the proposed northerly right -of -way line of Perimeter Drive, across said Triplex 2.993 acre tract, and across said Lot No. 1, to an iron pipe set at the intersection with the existing westerly right -of -way line of Commerce Parkway, being 25.00 feet left of Commerce Parkway station 13 +10.00; Thence South 04 degrees 10 minutes 48 seconds East, a distance of 86.50 feet, along the existing westerly right -of -way line of Commerce Parkway, along the easterly line of said Triplex 2.993 acre tract, and along the easterly line of said Lot No. 1, to the Point of True Beginning, containing 0.058 acres, more or less, of which 0.000 acres, more or less, lies within the present road occupied; Of the above described area, 0.058 acres is contained within the Franklin County Auditor's Parcel 273- 007304; The bearing datum of the afore - described parcel is based on the bearing of North 04 degrees 10 minutes 48 seconds West, for the centerline of Commerce Parkway, from an adjusted field survey using G.P.S. methods from Franklin County Monuments #5417, #4463 and #N8 -94, based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983 (1986 Adjustment). All stationing is based on the plans for Perimeter Drive & Commerce Parkway Intersection Improvements (08- 016 -CIP) on file at the City of Dublin Engineer's Office. This description was based upon a survey of Commerce Parkway, Perimeter Drive, and Emerald Parkway by Stantec Consulting Services, Inc., in February 2009, and prepared on October 18, 2010 by Tim A. Baker, Registered Surveyor 7818. Iron pipes set are 3/4 inches in diameter by 30 inches long with a yellow plastic cap placed on top with the designation "STANTEC ". Grantor claims title by instrument of record in Official Record 28091 G08, of the Recorder's Office, Franklin County, Ohio. STANTEC CONSULTING SERVICES, INC. `,`j 11 / D � e OF °'�• /� _/8—/6 Registered Surveyor No. 7818 Date �k T[M A. BAKE ^. 7815 ' '���� /Iaeal1e11t.1�11T 1 o,oSW A� v o�- DESCRIPTION VERIFIED D EAN C. PONGLL, P.E.. P.S. rr�� ♦ :s�`j goo 7771x:.. _.__ _._ ,.. .. DATE -;(_ .a j �' CINGF� EXHIBIT B I DELTA ANG. I RADIUS I ARC LEN I CHORD BEARING I CHORD C1 40'41'03 "LT. 65.65' z IN 43'44'38" E X ml I� Cn 1 �i r'iN1 ° I'dI E t R I s O 3'4 "' 1 T -o i � 1 0O fn 88 p� { � g BUSIVi «, .iii I c0 � r t i O 1 P. B. 66, ?G. 7 I � m o (0, x ; ED TRIPLEX COMPANY I O , I 2�.a CITY OF DUBLIN 273 - 007304 �: ;; 273- 012291 2.993 ACRES I Q 13.895 ACRES O.R. 28091 G08 1 I� I I.N. 200903230040244 I.P.S. I.N. 200903230040245 . ,� I - o t I.N. 200903230040246 v. I •o VL I V ^ O � I ry � I n ;Z l = 00 0.058 ACRES P 1 �_ it IX I.P.S.o ;,;� � i I S85'49I fib t� I.P.S. 50400 ; EX._ � - S 85 W 89.45' I.P.S. 00 I 1 1 1 " PIPE EX ._ R — o o � I BEGINNING I �; RE PERIMETER DRIVE I pe ,rp , e ter D ri v e (FORMERLY WALL STREET) PG. 71 - - N 85'49' 12" E P.B. 66, _ __ - ; PARCEL 47WD I 199802100030106 _ - - - DRIVE - -� ;' I '' I.N. POST ROAD, WILCOX ROpEDICATONTPLA 1" PIPE_ rJ _ & EASEMENTS P .B. 85, PG. 51 I EX. RTW I - � , z 1" PIPE W /CAP " #6579" ° o CITY OF DUBLIN � CITY OF DUBLIN 273 - 003966 rnl - Io I 273- 010591 13.531 ACRES ?< -o D 5.457 ACRES O.R. 14395 D02 �� l� I.N. 200101110007672 I g I.N. 200101110007673 �I I� I.N. 200101110007674 � .. I t t NUMBER I DELTA ANG. I RADIUS I ARC LEN I CHORD BEARING I CHORD C1 40'41'03 "LT. 65.65' 1 46.62' IN 43'44'38" E 1 45.64' 0.058 ACRE RIGHT —OF —WAY PARCEL COMMERCE PKWY. do PERIMETER DR. FRANKLIN COUNTY, CITY OF DUBLIN, OHIO VIRGINIA MILITARY SURVEY 2542 0 40 8o SCALE IN FEET Prepared By Stantec Consulting Services, Inc. 1500 Lake Shore Drive, Suite 100 Columbus, Ohio 43204 Phone: (614) 486 -4383 BASIS OF BEARINGS THE BEARINGS ARE BASED ON THE CENTERLINE OF COMMERCE ����'`� COMMERCE PARKWAY AS BEING N04 FROM �re��/rr,aio���'•�t "',` AN ACTUAL FIELD SURVEY USING C.P.S. METHODS FROM FRANKLIN COUNTY MONUMENTS 15417, #4463, AND NN8 -94, FROM THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NORTH AMERICAN DATUM 1983 (1986 ADJUSTMENT). 9taitlbec� //-Z /D Registered Surveyor #7818 Dote MONUMENT LEGEND "ItI MIVPr, or,,, 0 R.R.S. FOUND -( er^ OF ��' O REBAR FOUND �O O IRON PIN FOUND m O R/W MONUMENT FD �i r'iN1 ° • 3/4" IRON PIPE SET A. WITH RED CAP "STANTEC" BAKER ^" 7818 0.058 ACRE RIGHT —OF —WAY PARCEL COMMERCE PKWY. do PERIMETER DR. FRANKLIN COUNTY, CITY OF DUBLIN, OHIO VIRGINIA MILITARY SURVEY 2542 0 40 8o SCALE IN FEET Prepared By Stantec Consulting Services, Inc. 1500 Lake Shore Drive, Suite 100 Columbus, Ohio 43204 Phone: (614) 486 -4383 BASIS OF BEARINGS THE BEARINGS ARE BASED ON THE CENTERLINE OF COMMERCE ����'`� COMMERCE PARKWAY AS BEING N04 FROM �re��/rr,aio���'•�t "',` AN ACTUAL FIELD SURVEY USING C.P.S. METHODS FROM FRANKLIN COUNTY MONUMENTS 15417, #4463, AND NN8 -94, FROM THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NORTH AMERICAN DATUM 1983 (1986 ADJUSTMENT). 9taitlbec� //-Z /D Registered Surveyor #7818 Dote TEMPORARY GRADING EASEMENT THIS TEMPORARY GRADING EASEMENT (the "Easement ") is made and entered into this day of 2011, by and between Triplex Company, an Ohio corporation ( "Grantor "), whose mailing address is c/o Peter M. Klein Co., 6543 Commerce Parkway, Suite T, Dublin, Ohio 43017, and the City of Dublin, Ohio, an Ohio municipal corporation ( "Grantee "), whose mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017. BACKGROUND INFORMATION WHEREAS, Grantor owns the real property known as Franklin County Auditor's Parcel No. 273 - 007304 (collectively, the "Grantor Property "); and WHEREAS, Grantee desires a temporary easement over that portion of the Grantor Property legally described on the attached Exhibit A and depicted on the attached Exhibit B (the "Easement Area ") for the purpose of performing grading work therein; and WHEREAS, Grantor desires to grant an easement over the Easement Area for the benefit of Grantee, upon the terms and conditions set forth in this Easement. STATEMENT OF AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the foregoing Background Information and as follows: 1. Grant of Temporary Construction Easement Grantor grants to Grantee, its agents, employees, independent contractors, and successors and assigns, a temporary, non - exclusive easement in, through, over and under the Easement Area. - Grantee shall have the right to enter on and use the Easement Area for the purpose of performing the grading work therein and for any other purpose reasonably necessary in connection with the same. The term of this Easement shall be for a period of one year, commencing on the date this Easement is fully executed and terminating three hundred sixty -five (365) days thereafter. Upon termination of this Easement, Grantee shall, at its sole cost and expense, restore the Easement Area as nearly as reasonably practicable to the condition which existed prior to the entry thereon by Grantee. 2. Relationship to Parties Nothing contained herein shall be deemed or construed by the parties or by any third party as creating the relationship of principal and agent, of partnership or of joint venture between the parties, it being understood and agreed that no provision contained herein or any act of the parties hereto shall be deemed to create any relationship other than grantor and grantee of the rights and easements set forth herein. 3. Waiver Except to the extent that a party may have otherwise agreed in writing, no waiver by such party of any breach of the other party of any of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or of any other covenants, agreements or obligations, nor shall any forbearance by a party to seek a remedy for any breach by the other party be deemed a waiver of any rights or remedies with respect to such breach or any similar breach in the future. (H2210364.I } 1 4. Severability In the event any provision of this Easement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 5. Captions and Pronoun Usage The captions and section numbers in this Easement are for convenience only and shall not be deemed to be a part hereof. The pronouns used herein shall be considered as meaning the person, number and gender appropriate under the circumstances at any given time. 6. Governing Law This Easement shall be governed by and construed in accordance with the laws of the State of Ohio. 7. Modification This Easement, or any easement or covenant set forth herein, may not be amended, terminated, rescinded or otherwise modified, in whole or in part, except by a written instrument executed by the parties hereto and recorded with the Recorder's Office, Franklin County, Ohio with reference made to this Easement. 8. Benefit This Easement shall run with the land and inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. 9. Authority Grantor represents and warrants that it has the full right and authority to enter into this Easement and grant the rights hereby conveyed to Grantee. (Signatures on the following page) {H2210364.1 } 2 above. IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth GRANTOR: Triplex Company, an Ohio corporation By: Its: Print Name: STATE OF OHIO ) )ss. FRANKLIN COUNTY ) GRANTEE: City of Dublin, Ohio, an Ohio municipal corporation Marsha Grigsby, City Manager BE IT REMEMBERED, that on this day of , 2011, before me, the subscriber, a Notary Public in and for said county and state, personally came Marsha Grigsby the City Manager of the City of Dublin, Ohio, an Ohio municipal corporation, who acknowledged the signing thereof to be her free act and deed for and on behalf of the municipal corporation. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. Notary public STATE OF OHIO ) )ss. FRANKLIN COUNTY ) BE IT REMEMBERED, that on this day of , 2011, before me, the subscriber, a Notary Public in and for said county and state, personally came , the of Triplex Company, an Ohio corporation, who acknowledged the signing thereof to be his /her free act and deed for and on behalf of the corporation. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. Notary public This Instrument Prepared By: Lesley R. Avery, Esq., Schottenstein, Zox & Dunn, Co., LPA, 250 West Street, Columbus, Ohio 43215 {H2210364.1 } DESCRIPTION OF A 0.044 ACRE TEMPORARY EASEMENT FOR GRADING NORTHWEST CORNER OF COMMERCE PARKWAY & PERIMETER DRIVE FOR THE CITY OF DUBLIN, OHIO Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey Number 2542, being a part of that 2.993 acre remainder of Lot No. 1 of the METRO NORTH BUSINESS PARK Subdivision, as recorded in Plat Book 66, Page 71, as conveyed to the Triplex Company by deed of record in Official Record 28091 G08, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning for Reference at a 1" iron pipe found with a plastic yellow cap inscribed " #6579" marking a southwest corner of that 13.895 acre tract as conveyed to the City of Dublin by deed of record in Instrument Numbers 200903230040244, 200903230040245, and 200903230040246 at the intersection of the existing northerly right -of -way line of Perimeter Drive, shown as Parcel 47WD on the Right -of -Way plans for Perimeter Drive Extension to Coffinan Road (Sheet 152), on file at the City of Dublin Engineer's Office, as established by deed of record in Instrument Number 199802100030106, with the original easterly right -of -way line of Commerce Parkway as shown on said plat for METRO NORTH BUSINESS PARK Subdivision, being 25.00 feet right of Commerce Parkway station 12 +31.50; Thence South 85 degrees 49 minutes 12 seconds West, a distance of 50.00 feet, perpendicular to the existing right -of -way centerline of Commerce Parkway, and across the existing right -of -way of Commerce Parkway, to a point in the existing westerly right - of -way line of Commerce Parkway, in the easterly line of said Triplex 2.993 acre tract, and in the easterly line of said Lot No. 1 of said METRO NORTH BUSINESS PARK Subdivision, being 25.00 feet left of Commerce Parkway station 12 +31.50; Thence South 04 degrees 10 minutes 48 seconds East, a distance of 8.00 feet, along the existing westerly right -of -way line of Commerce Parkway, along the easterly line of said Triplex 2.993 acre tract, and along the easterly line of said Lot No. 1, to an iron pipe set at the intersection with the existing northerly right -of -way line of Perimeter Drive (formerly known as Wall Street) as shown on the plat of said METRO NORTH BUSINESS PARK Subdivision, at the southeast corner of said Triplex 2.993 acre tract and the southeast corner of said Lot No. 1, being 25.00 feet left of Commerce Parkway station 12 +23.50; Thence South 85 degrees 49 minutes 12 seconds West, a distance of 89.45 feet, along the existing northerly right -of -way line of Perimeter Drive, along the southerly line of said Triplex 2.993 acre tract, and along the southerly line of said Lot No. 1, to an iron pipe set at the intersection with the proposed northerly right -of -way line of Perimeter Drive, being 60.00 feet left of Perimeter Drive station 8 +60.00, and being the Point of True Beginning; Thence continuing South 85 degrees 49 minutes 12 seconds West, ance of 40.00 feet, along the existing northerly right -of -way line of Perimeter Drive, along the southerly line of said Triplex 2.993 acre tract, and along the southerly line of said Lot No. 1, to a point being 60.00 feet left of Perimeter Drive station 8 +20.00; Thence North 65 degrees 15 minutes 50 seconds East, a distance of 85.44 feet, across said Triplex 2.993 acre tract and said Lot No. 1, to a point being 90.00 feet left of Perimeter Drive station 9 +00.00; Thence North 23 degrees 52 minutes 10 seconds East, a distance of 41.36 feet, across said Triplex 2.993 acre tract and said Lot No. 1, to a point being 55.00 feet left of Commerce Parkway station 12 +90.00; 0.044 ACRE TEMPORARY EASEMENT Thence North 52 degrees 07 minutes 48 seconds East, a distance of 36.06 feet, across said Triplex 2.993 acre tract and said Lot No. 1, to an iron pipe set at the intersection with the existing westerly right -of -way line of Commerce Parkway in the easterly line of said Triplex 2.993 acre tract and said Lot No. 1, being 25.00 feet left of Commerce Parkway station 13 +10.00; Thence South 23 degrees 24 minutes 07 seconds West, a distance of 48.11 feet, along the proposed westerly right -of -way line of Commerce Parkway, and across said Triplex 2.993 acre tract and said Lot No. 1, to an iron pipe set at a point of tangent curvature, being 47.28 feet left of Commerce Parkway station 12 +67.36; Thence with the arc of a curve to the right for 46.62 feet, along the proposed westerly right -of -way line of Commerce Parkway, and across said Triplex 2.993 acre tract and said Lot No. 1, having a radius of 65.65 feet, a central angle of 40 degrees 41 minutes 03 seconds, a chord bearing of South 43 degrees 44 minutes 38 seconds West, a chord distance of 45.64 feet to an iron pipe set at a point of tangency, being 81.15 feet left of Commerce Parkway station 12 +36.77; Thence South 64 degrees 05 minutes 10 seconds West, a distance of 35.84 feet, along the proposed northerly right -of -way line of Perimeter Drive, across said Triplex 2.993 acre tract, and across said Lot No. 1, to the Point of True Beginning, containing 0.044 acres, more or less; Of the above described area, 0.044 acres is contained within the Franklin County Auditor's Parcel 273- 007304; The bearing datum of the afore - described parcel is based on the bearing of North 04 degrees 10 minutes 48 seconds West, for the centerline of Commerce Parkway, from an adjusted field survey using G.P.S. methods from Franklin County Monuments #5417, #4463 and #N8 -94, based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983 (1986 Adjustment). All stationing is based on the plans for Perimeter Drive & Commerce Parkway Intersection Improvements (08- 016 -CIP) on file at the City of Dublin Engineer's Office. This description was based upon a survey of Commerce Parkway, Perimeter Drive, and Emerald Parkway by Stantec Consulting Services, Inc., in February 2009, and prepared on October 18, 2010 by Tim A. Baker, Registered Surveyor 7818. Iron pipes set are 3/4 inches in diameter by 30 inches long with a yellow plastic cap placed on top with the designation "STANTEC ". Grantor claims title by instrument of record in Official Record 28091 G08, of the Recorder's Office, Franklin County, Ohio. STANTEC CONSULTING SERVICES, INC. r•�\p"� O F O f� - • !D ��- /D .0 TIM t I = Registered Surveyor No. 7818 Date A. _ BAKER -o /1 78 1 8 Q l � - �.`J�O�.• EXHIBIT B I r r ti l:. T R 0 IN 0 R T I`1 - o n - �U j.- ; SS P i m m I° z P.B. 66, FI 7: 9 rn N o v ;0 o TRIPLEX COMPANY ~ I� ; ° n � 273 - 007304 I ; o 2.993 ACRES ; Ico ; C) co I O.R. 28091 G08 I , cr g Lm 0) x LOT "IN P r i N I = I O I?r , I `z CITY OF DUBLIN 0 • 25.0 - 1 273 - 012291 I 00 g 13.895 ACRES I.N. 200903230040244 t rn f I I.N. 200903230040245 � I. P. S. 1 I.N. 200903230040246 .o ff D� I I I � 1 • ry e ` D 1 z N co a ^ 0 0o v I 'r Im 0.044 �' - ' x ? N I.P.S. o o I Ln ACRES � I -� 1 I S85' 49 12 I . W 65 ", 50 S6�O ��$� 1. P. EX. RJW 50x00 I N 40.00 _ — -� 89.45 OD 1 „ PIPE EX ._ R_ /W (� S 85'49 12" W I.P.S. o _ _ — r o I , IMPOINT OF BEGINNING I REFERENC PERIMETER DRIVE I (FORMERLY WALL STREET) r p mete =Prue P.B. 66. PG. 71 — — — 85 12° E — N PARCEL 47WD _ __ - - --, I.N. 19980210 ROAD, PERIMETER DRIVE ; I '� 1" PIPE POST ROAD, WILCOX & EASEMENTS DEDICATION PLAT ', I I EX. R7W P . B. 85, PG_ 5 --/E- --/E— _ — - - — - - - ---� - - -EX. R/W ' \� K , �P IPE CITY OF DUBLIN „ 273 - 003966 I_T -DIZ W /CAP #6579 13.531 ACRES oo lO O.R. 14395 D02 r� CITY OF DUBLIN 273- 010591 xI �I� I X 5.457 ACRES I.N. 200101 1 10007672 I g I.N. 200101 1 10007673 I I I.N. 200101110007674 I I I 1 1 NUMBER DELTA ANG. IRADIUS JARC LEN CHORD BEARING ICHORD C1 40'41'03 'RT. 65.65' 1 46.62' IS 43'44'38” W 1 45.64' ` � ` wvvvasrarrarv ca �� ��C O F . �O fi TIM A. bAKER ti '^ 7818 �•� 0.044 ACRE TEMPORARY EASEMENT COMMERCE PKWY. do PERIMETER DR. FRANKLIN COUNTY, CITY OF DUBLIN, OHIO VIRGINIA MILITARY SURVEY 2542 0 40 80 SCALE IN FEET Prepared By Stantec Consulting Services, Inc. 1500 Lake Shore Drive, Suite 100 Columbus, Ohio 43204 Phone: (614) 486 -4383 BASIS OF BEARINGS ^�� FGISTE¢�' 4,� THE BEARINGS ARE BASED ON THE CENTERLINE OF ''. "" ��' COMMERCE PARKWAY AS BEING N04'10'48"W, FROM `'� -S�� •� °° AN ACTUAL FIELD SURVEY USING C.P.S. METHODS �� "��raaara�r►� *�'�� FROM FRANKLIN COUNTY MONUMENTS #5417, #4463, AND /N8 -94, FROM THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NORTH AMERICAN DATUM 1983 (1986 ADJUSTMENT). Registered Surveyor #7818 Dote MONUMENT LEGEND Z R.R.S. FOUND O REBAR FOUND O IRON PIN FOUND O R/W MONUMENT FD • 3/4" IRON PIPE SET WITH RED CAP "STANTEC" ` � ` wvvvasrarrarv ca �� ��C O F . �O fi TIM A. bAKER ti '^ 7818 �•� 0.044 ACRE TEMPORARY EASEMENT COMMERCE PKWY. do PERIMETER DR. FRANKLIN COUNTY, CITY OF DUBLIN, OHIO VIRGINIA MILITARY SURVEY 2542 0 40 80 SCALE IN FEET Prepared By Stantec Consulting Services, Inc. 1500 Lake Shore Drive, Suite 100 Columbus, Ohio 43204 Phone: (614) 486 -4383 BASIS OF BEARINGS ^�� FGISTE¢�' 4,� THE BEARINGS ARE BASED ON THE CENTERLINE OF ''. "" ��' COMMERCE PARKWAY AS BEING N04'10'48"W, FROM `'� -S�� •� °° AN ACTUAL FIELD SURVEY USING C.P.S. METHODS �� "��raaara�r►� *�'�� FROM FRANKLIN COUNTY MONUMENTS #5417, #4463, AND /N8 -94, FROM THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NORTH AMERICAN DATUM 1983 (1986 ADJUSTMENT). Registered Surveyor #7818 Dote