63-08 OrdinanceRECORD OF ORDINANCES
63-08
Orcfinnrrc•e Nn. Pnssecl . 20
AN ORDINANCE APPROPRIATING A .023 ACRES, MORE OR
LESS, FEE SIMPLE INTEREST, A .090 ACRES, MORE OR LESS,
STANDARD HIGHWAY EASEMENT, AND A .037 ACRES, MORE
OR LESS, TEMPORARY EASEMENT FROM LARRY D. AND
KAREN C. PETERS, SAID ACREAGE LOCATED ON THE
NORTH SIDE OF S.R. 161, WEST OF INDUSTRIAL PARKWAY
AND U.S. 33, TOWNSHIP OF JEROME, COUNTY OF UNION,
STATE OF OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is preparing to improve the U.S. Highway 33 and State
Route 161 Interchange in Franklin and Union Counties; and
WHEREAS, said improvement will require the City of Dublin to obtain a fee simple
interest, standard highway easement, and a temporary easement in and to the premises
described in the attached Exhibit "A", Exhibit "B", Exhibit "C", and Exhibit "D" located
in the Township of Jerome, County of Union, State of Ohio.
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State
of Ohio, ~ of the elected members concurring that:
Section 1. A fee simple interest, standard highway easement, and temporary construction
easement in and to the premises owned by Larry D. and Karen C. Peters located in the
Township of Jerome, State of Ohio, and more fully described in the legal descriptions
attached hereto as Exhibit "A", Exhibit "B", Exhibit "C", and Exhibit "D" is hereby
appropriated for the public purpose of improving the US 33/SR 161/Post Road interchange,
pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio.
Section 2. Council hereby fixes the value of the interest appropriated at one hundred
twenty-seven thousand nine hundred and two dollars ($127,902) which sum shall be
deposited with the Union County Court of Common Pleas, for the use and benefit of the
owners of the property appropriated as their interests may appear. Upon such deposit, the
City of Dublin shall take possession of and enter upon the property pursuant to law.
Section 3. Council finds that the appropriation is necessary for the stated purpose, that the
City has been unable to agree with the owner of the property as to appropriate compensation,
and that the City intends to obtain immediate possession of the property.
Section 4. The City Law Director is directed to file a petition for appropriation in the Union
County Court of Common Pleas, to have a jury impaneled to assess the compensation to be
paid for the real estate herein described above.
Section 5. This ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public health, safety and welfare. The reason for such
necessity is that the prompt improvement of US 33/SR 161/Post Road interchange is
necessary to improve traffic circulation and relieve traffic congestion for the citizens of
Dublin. Therefore, this ordinance shall go into immediate effect.
Passed this ~_ day of , 2008.
Mayor -Presiding Officer
ATTEST:
~~~~ C~
Clerk of Council
~SCHOTTENSTEIN
ZOX & D U N N CO.,LPA
MEMORANDUM
TO: Dublin City Council
Jane S. Brautigam, City Manager
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
FROM: Stephen J. Smith, Law Director
Philip K. Hartmann, Assistant Law Director
DATE: August 14, 2008
RE: Ordinance No. 63-08 Appropriation -Larry D. and Karen C. Peters
U.S. Highway 33 and State Route 16I Interchange Improvement Project
INTRODUCTION:
This Ordinance is a follow-up to the Resolution passed by Council regarding this same property
at the August 4, 2008 meeting. By way of background, the Resolution authorized the City to
pursue all the necessary legal requirements to review the possible appropriation of property
owned by Larry D. and Karen C. Peters. The purpose of this Ordinance is to authorize the Law
Department to pursue an eminent domain action in the appropriate Court of Common Pleas if,
through good faith negotiations, the City cannot settle with the landowner.
PROJECT BACKGROUND:
The City of Dublin and the Ohio Department of Transportation (ODOT) are working together to
make improvements to the US 33/SR 161/Post Road interchange. The current "tight diamond"
configuration will be changed to a "Pardo A" configuration. This change means that loop ramps
will be introduced to eliminate the need for left turns from the arterial road (i.e. S.R. 161 /Post
Road) onto the freeway (U.S. 33). This project requires the acquisition of either a "partial take"
(the purchase of a portion of the parcel for right-of--way) or a "total take" (the purchase of the
entire parcel) from multiple property owners along this interchange.
ACQUISITION INTRODUCTION:
This memorandum discusses the acquisition of property owned by Larry D. and Karen C. Peters.
The acquisition consists of a combined .023 acres, more or less, fee simple interest, a .090 acres,
more or less, standard highway easement, and a .037 acres, more or less, temporary easement
from Larry D. and Karen C. Peters. This acreage is located on the north side of S.R. 161, west of
Industrial Parkway and U.S. 33, Township of Jerome, County of Union, State of Ohio.
Memo to Council re. Ord. 63-08 -Land Approp. -Peters
August 14, 2008
Page 2 of 2
ACTION TAKEN IN THIS CASE:
Since the year 2006, the Law Department has been in contact with the landowner to inform the
landowner of the upcoming construction and effect of the interchange improvement to the
property. A title search was conducted and the appraisal for this property is complete. The
appraiser determined the fair market value of the property as one hundred twenty-seven thousand
nine hundred and two dollars ($127,902).
The Law Department engaged M/E Companies (Mr. James Howard) to negotiate the acquisition
with the landowner. An offer has yet to be presented to the Peters due to a review appraisal only
recently being completed. However, this Ordinance was prepared to authorize the City, through
the Law Department, to allow for litigation in which the compensation to the landowner will be
determined should settlement not be forthcoming.
RECOMMENDATION:
The Law Department recommends approval of Ordinance No. 63-08.
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Cincinnao
(H1303699.1 ~
250 West Street, Columbus, Ohio 43215-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 ~ Volce: 614-462-2700 ~ Fax: 614-462-5135
EXHIBIT
Page I of 3
RX 250 Pm 80748
Rev. 10106 PARCEL 74-WD
CTY-RTE-SEC UNI-33-?4.87
Version Date 05/09/07
PARCEL 74-WD
UNI-33-24.87
ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE
IN THE FOLLOWING DESCRIBED PROPERTY
WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS
Grantor!Owner, for himself and his heirs, executors, administrators, successors and assigns, reserves all
existing rights of ingress and egress to and from any residual area (as used herein, the expression
"Grantor/Owner" includes the plural, and words in the masculine include the feminine or neuter).
1Surveyor's description of the premises follows]
SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, JEROME TOWNSHIP, LOCATED IN
VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE ORIGINAL LI90 ACRE TRACT
CONVEYED TO LARRY D. AND KAREN C. PETERS BY DEED OF RECORD IN DEED BOOK 339, PAGE
767, RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PARCEL OF LAND LYING ON THE LEFT SIDE OF THE CENTERLINE OF RIGHT-OF-
WAY AND CONSTRUCTION OF S.R. 161, AS ESTABLISHED BY A SURVEY MADE BY R.D. ZANDE &
ASSOCIATES, INC., FOR THE CITY OF DUBLIN AND THE OHIO DEPARTMENT OF TRANSPORTATION
TN 2005 AND 2006, AND BEING LOCATED WiTF[IN THE FOLLOWING DESCRIBED BOUNDARY POINTS
OF PARCEL 74-WD;
BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLINE OF
EITERMAN ROAD AT THE INTERSECTION OF THE FRANKLIN / LTIION COUNTY LINE;
THENCE NORTH 87 DEG. S7 M[N. 12 SEC. WEST, A DISTANCE OF 120.71 FEET ALONG SAID
COUNTY LINE TO A CONCRETE R/W MONUMENT FOUND AT AN ANGLE POINT N THE EXISTING
SOUTHWESTERLY RIGHT-OF-WAY LINE OF EITERMAN ROAD.
THENCE NORTH 87 DEG. SS MIN. 00 SEC. WEST, A DISTANCE OF 1606.91 FEET ALONG SAID
COUNTY LINE TO A POINT IN THE COMMON LINE OF THE 74.503 ACRE TRACT CONVEYED TO UMC
VENTURES CORPORATION BY DEED OF RECORD IN OFFICIAL RECORD 664, PAGE 360, AND THE
61.7701 ACRE TRACT CONVEYED TO PEWAMO, LTD., BY DEED OF RECORD IN OFFICIAL RECORD
579, PAGE 727;
THENCE NORTH 04 DEG. 38 MIN. S4 SEC. WEST, A DISTANCE OF 369.79 FEET ALONG THE
COMMON LINE OF SAID 74.503 AND 61.7701 ACRE TRACTS TO AN IRON PIN FOUND AT THE
COMMON CORNER OF SAID 74503 ACRE TRACT AND THE L187 ACRE TRACT CONVEYED TO THE
CITY OF DUBLIN BY DEED OF RECORD IN DEED BOOK 285, PAGE 585;
THENCE CONTINUING NORTH 04 DEG. 38 MIN. S4 SEC. WEST, A DISTANCE OF 234.39 FEET
(PASSP,vG AN IRON PIN FOUND AT A DISTANCE OF 192.43 FEET) ALONG THE COMMON LINE OF
SAID 1.t87 AND 61.7701 ACRE TRACTS, TO A POINT IN THE EXISTING CENTERLINE OF RIGHT-OF-
WAY OF STATE ROUTE 161, BEING THE SOUTHERLY LNE OF THE ORIGINAL 37.998 ACRE TRACT
CONVEYED TO JEROME I ASSOCIATES, LTD., BY DEED OF RECORD IN OFFICIAL RECORD 45, PAGE
346, AT A COMMON CORNER OF SAID L187 AND 61.7701 ACRE TRACTS; SAID POINT BEING 32.06
FEET LEFT OF CENTERLINE STATION 33+40.44;
THENCE NORTH 65 DEG. 58 MIN. 10 SEC. EAST, A DISTANCE OF 144.96 FEET ALONG SAID
EXISTING CENTERLINE OF STATE ROUTE 161, AND THE COMMON LINE OF SAID 1.187 AND SAID
ORIGINAL 37.998 ACRE TRACT, TO A POINT AT THE COMMON CORNER OF SAID ORIGINAL 37.998
ACRE TRACT AND SAID ORIGINAL 3.015 ACRE TRACT; SAID POINT BEING 28.35 FEET LEFT OF
CENTERLINE STATION 34+gS.36;
EXHIBIT A Paee z of3
RX 250 PID 80748
Rev. 09!06 PARCEL 74-WD
CTY-RTE-SEC L~II-33-24.87
Version Date 05/09,'07
THENCE CONTINUING NORTH 65 DEG. 58 MIN. 10 SEC. EAST, A DISTANCE OF 21553 FEET
ALONG SAID EXISTING CENTERLINE OF STATE ROUTE 161, AND THE SOUTHEASTERLY LINE OF
SAID ORIGINAL 3.0t 5 ACRE TRACT TO A POINT AT THE COMMON CORNER OF SAID ORIGINAL 3.015
AND L190 ACRE TRACTS, BEING 22.83 FEET LEFT OF CENTERLINE STATION 37+00.81, AND BEING
THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 74-WD;
THENCE NORTH 03 DEG. 24 MIN. OS SEC. WEST, A DISTANCE OF 45.52 FEET (PASSING AN 5/8"
REBAR FOUND AT A DISTANCE OF 42.84 FEET) ALONG THE COMMON LINE OF SAID ORIGINAL
3.015 AND 1.190 ACRE TRACTS TO AN IRON PIN SET N THE NEW NORTHWESTERLY RIGHT-OF-WAY
LINE OF STATE ROUTE 161, BEING 65.00 FEET LEFT OF CENTERLINE STATION 37+17.93;
THENCE NORTH 64 DEG. 30 M(N. 09 SEC. EAST, A DISTANCE OF 42.07 FEET ALONG THE NEW
NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161, AND ACROSS SAID 1.190 ACRE
TRACT, TO AN IRON PIN SET AT A WESTERLY CORNER OF THE NORTHWESTERLY LIMITED
ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161 (PARCEL 74-WL); SAID IRON PFN BEING 65.00
FEET LEFT OF CENTERLINE STATION 37 ~ 60.00;
THENCE SOUTH 25 DEG. 29 Mite. 5l SEC. EAST, A DISTANCE OF 43.69 FEET ALONG THE
SOUTHWESTERLY LINE OF SAID PARCEL 74-WL, TO A POINT IN SAID EXISTING CENTERLINE OF
STATE ROUTE 167, AND THE SOUTHEASTERLY LINE OF SAID 1.190 ACRE TRACT, BEING 21.31 FEET
LEFT OF CF..NTERLINE STATION 37+60.00;
THENCE SOUTH 65 DEG. 58 MIN. 10 SEC. WEST, A DISTANCE OF 59.2( FEET ALONG SAID
EXISTING CENTERLINE OF STATE ROUTE 161, AND THE SOUTHEASTERLY LINE OF SAID 1.190
ACRE TRACT, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 74-WD,
CONTAINING 0.050 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.047 ACRES,
MORE OR LESS.
OF THE ABOVE DESCRIBED AREA, 0.050 ACRES ARE CONTAINED WITHIN UNION COUNTY
AUDITOR'S PARCEL 1 7-003 1 020.100, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00-
026.001.
ALL IRON PINS SET ARE 3/4 INCHES IN DIAMETER BY 30 INCHES LONG WITH AN
ALUMINUM CAP. BEARING THE NAME ODOT R/W AND R.D. ZANDE & ASSOCIATES.
ALL STATION AND OFFSET REFERENCES ARE TO THE AFOREMENTIONED CENTERLINE OF
RIGHT-OF-WAY AND CONSTRUCTION OF S.R. 161, UNLESS OTHERWISE SHOWN.
THE BEARINGS FOR THE UNI-33-24.87 PROJECT ARE BASED UPON STATE PLANE GRID
BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED
USING G.P.S. METHODS THROUGH THE FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 72",
"FRANK 172", "EGGS 5536", AND "EGGS 5534".
THIS DESCRIPTION WAS PREPARED BY STEVEN E. RADER, REGISTERED SURVEYOR 7191,
AND IS BASED UPON A SURVEY FOR THE CITY OF DUBLIN FROM OCTOBER, 2005 TO MARCH, 2006
BY R. D. ZANDE AND ASSOCIATES, INC., UNDER THE DIRECTION OF SAID SURVEYOR.
EXHIBIT A Page 3 of3
RX ?50 P1D 80748
Rev. 09/06 PARCEL 74-W'D
CTY-RTE-SEC Uid(-33-?4.87
Veroioe Da?e 05:09/07
GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN DEED BOOK 339, PAGE 767,
OF THE RECORDER'S OFFICE, Wi lON COUNTY, OHIO.
A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF.
,? ~'~.P,..••""-"••Jh'j 's; R. D. ZANDE AND ASSOCIATES, INC.
,, C
*:` STEVEN ~: ~-
~~~- ~ ~~ sl~~o~
i:AC@R - REGISTERED SURVEYOR NO.7191 DATE
~.~,,,:, ~. ~ u er ,,
EXHIBIT
Page t of i
RX ?S'' PID 80748
Rev. 09;06 PARCEL 74-WL
CTY-RTE-SEC UNI-33 ?4.87
Vesion Date 05/09/07
PARCEL 74-WL
UNI-33-24.87
ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE
IN THE FOLLOWING DESCRIBED PROPERTY
INCLUDING LIMITATION OF ACCESS
Grantor(Owner, his heirs, executors, administrators, successors and assigns forever, are hereby divested
of any and all abutter's rights, including access rights in, over and to the within described real estate,
including such rights with respect to any highway facility constructed thereon (as used herein, the
expression "Grantor(Owner" includes the plural, and words in the masculine include the feminine or
neuter).
1Sorveyor's description of the premises follows)
SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, IEROME TOWNSHIP, LOCATED IN
VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE ORIGINAL 1.190 ACRE TRACT
CONVEYED TO LARRY D. AND KAREN C. PETERS BY DEED OF RECORD IN DEED BOOK 339, PAGE
767, RECORDS OF THE RECORDER'S OFFICE, UNION COLTiTY, OHIO, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PARCEL OF LAND LYING ON THE LEFT S[DE OF THE CENTERLINE OF RIGHT-OF-
WAY AND CONSTRUCTION OF S.R. 161, AS ESTABLISHED BY A SURVEY MADE BY R.D. ZANDE &
ASSOCIATES, INC., FOR THE CITY OF DUBLIN AND THE OHIO DEPARTMENT OF TRANSPORTATION
IN 2005 AND 2006, AND BEING LOCATED WITHIN THE FOLLOWING DESCRIBED BOUNDARY POINTS
OF PARCEL 74-WL;
BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND it4 THE CENTERLINE OF
EITERMAN ROAD AT THE INTERSECTION OF THE FRANKLIN /UNION COUNTY LINE;
THENCE NORTH 87 DEG. 57 MIN. 12 SEC. WEST, A DISTANCE OF 120.71 FEET ALONG SAID
COUNTY LINE TO A CONCRETE MONUMENT FOUND AT AN ANGLE POINT IN THE EXISTING
SOUTHWESTERLY RIGHT-OF-WAY LINE OF EITERMAN ROAD.
THENCE NORTH 87 DEG. 55 MIN. 00 SEC. WEST, A DISTANCE OF ]606.91 FEET ALONG SAID
COUNTY LINE TO A POINT IN THE COMMON LINE OF THE 74.503 ACRE TRACT CONVEYED TO UMC
VENTURES CORPORATION BY DEED OF RECORD iIJ OFFICIAL RECORD 664, PAGE 36Q AND THE
61.7701 ACRE TRACT CONVEYED TO PEWAMO, LTD., BY DEED OF RECORD IN OFFICIAL RECORD
579, PAGE 727;
THENCE NORTH 04 DEG. 38 MIN. 54 SEC. WEST, A DISTANCE OF 369.79 FEET ALONG THE
COMMON LINE OF SAID 74.503 AND 61.7701 ACRE TRACTS TO AN IRON PIN FOLRdD AT THE
COMMON CORNER OF SAID 74.503 ACRE TRACT AND THE 3.187 ACRE TRACT CONVEYED TO THE
CITY OF DUBLIN BY DEED OF RECORD 1N DEED BOOK 285, PAGE 585;
THENCE CONTINUMG NORTH 04 DEG. 38 MN. 54 SEC. WEST, A DISTANCE OF 234.39 FEET
(PASSING AN IRON PIN FOUND AT A DISTANCE OF 192.43 FEET) ALONG THE COMMON LINE OF
SAID 1.187 AND 61.7701 ACRE TRACTS, TO A POINT IN THE EXISTING CENTERLINE OF RIGHT-OF-
WAY OF STATE ROUTE 161, BEING THE SOUTHERLY LINE OF THE ORIGINAL 37.998 ACRE TRACT
CONVEYED TO IEROME I ASSOCIATES, LTD., BY DEED OF RECORD IN OFFICIAL RECORD 95, PAGE
346, AT A COMMON CORNER OF SAID 1.187 AND 61.7701 ACRE TRACTS; SAID POINT BEING 32.06
FEET LEFT OF CENTERLINE STATION 33+40.44;
EXHIBIT A Page? ofi
RX ?53 PID 80758
Rev. 09/06 PARCEL 75-W'L
CTY-RTE-SEC L^J13345.87
Version Date CS!09.'07
THENCE NORTH 65 DEG. 58 MIN. ]0 SEC. EAST, A DISTANCE OF 144.96 FEET ALONG SAID
EXISTING CENTERLINE OF STATE ROUTE 161, AND THE COMMON LINE OF SAID 1.187 AND SAID
ORIGINAL 37.998 ACRE TRACT, TO A POINT AT THE COMMON CORNER OF SAID ORIGINAL 37.998
ACRE TRACT AND SAID ORIGINAL 3.Oli ACRE TRACT; SAID POINT BEING 28.35 FEET LEFT OF
CENTERLINE STATION 34+85.35;
THENCE CONTINUING NORTH 6S DEG. 58 MM. 10 SEC. EAST, A DISTANCE OF 215.53 FEET
ALONG SAID EXISTTNG CENTERLINE OF STATE ROUTE 161, AND THE SOUTHEASTERLY LINE OF
SAID ORIGINAL 3.015 ACRE TRACT TO A POINT AT THE COMMON CORNER OF SAID ORIGINAL 3.015
AND 1.190 ACRE TRACTS, BEING 22.83 FEET LEFT OF CENTERLINE STATION 37x00.81;
THENCE CONTINUING NORTH 65 DEG. 58 MIN. 10 SEC. EAST, A DISTANCE OF 59.2] FEET
ALONG SAID EXISTING CENTERLINE OF STATE ROUTE 161, AND THE SOUTHEASTERLY LINE OF
SAID ORIGINAL 1.190 ACRE TRACT, TO A POINT, BEING 21.31 FEET LEFT OF CENTERLINE STATION
37+60.00, AND BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 74-
WL;
CHENCE NORTH 25 DEG. 29 MIN. 51 SEC. WEST, A DISTANCE OF 43.69 FEET ACROSS SAID
1.190 ACRE TRACT TO AN 2RON PIN SET IN THE NEW NORTHWESTERLY LIMITED ACCESS RIGHT-
OF-WAY LINE OF STATE ROUTE 161, BEING 65.00 FEET LEFT OF CENTERLINE STATION 37+60.00;
THENCE NORTH 64 DEG. 30 MIN. 09 5EC. EAST, A DISTANCE OF 157.64 FEET ALONG 7HE
NEW NORTHWESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161, AND
ACROSS SAID 1.190 ACRE TRACT, TO AN IRON PIN SET IN THE NORTHEASTERLY LINE OF SAID
1.190 ACRE TRACT; SAID IRON PIN BEING 65.00 FEET LEFT OF CENTERLINE STATION 39-17.64;
THENCE SOUTH 22 DEG. 32 MIN. 32 SEC. EAST, A BiSTANCE OF 47.73 FEET (PASSING AN
IRON PIN FOUND AT A DISTANCE OF 7.71 FEET) ALONG SAID NORTHEASTERLY LINE OF THE
ORIGINAL L190 ACRE TRACT, TO A POINT IN SAID EXISTING CENTERLINE OF STATE ROUTE 163,
AT AN EASTERLY CORNER OF SAID 1.190 ACRE TRACT; SAID POINT BEING 17.34 FEET LEFT OF
CENTERLINE STATION 39+15.18;
THENCE SOUTH 65 DEG. 58 MIN. 10 SEC. WEST, A DISTANCE OF 155.23 FEET ALONG SAID
EXISTING CENTERLINE OF STATE ROUTE ] 61 AND THE SOUTHEASTERLY LINE OF SAID ].190 ACRE
TRACT, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 74-WL,
CONTAINING 0.164 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.144 ACRES,
MORE OR LESS.
OF THE ABOVE DESCRIBED AREA, 0.164 ACRES ARE CONTAINED WITHIN UNION COUNTY
AUDITOR'S PARCEL I7-0031020.I00, AS SHOWN ON L'NION COUNTY GIS MAP NUMBER 146-00-00-
026.001.
ALL IRON PINS SET ARE 3/4 INCHES IN DIAMETER BY 30 INCHES LONG WITH AN
ALUMINUM CAP. BEARING THE NAME ODOT R/W AND R.D. ZANDE & ASSOCIATES.
ALL STATION AND OFFSET REFERENCES ARE TO THE AFOREMENTIONED CENTERLINE OF
RIGHT-OF-WAY AND CONSTRUCTION OF S.R. 161, UNLESS OTHERWISE SHOWN.
THE BEARINGS FOR THE UNI-33-24.87 PROJECT ARE BASED UPON STATE PLANE GRID
BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED
USING G.P.S. METHODS THROUGH THE FRANKLIN COIINTY ENGINEER'S STATIONS "FRANK 72",
"FRANK t72", "FCGS 5536", AND "FCGS 5534".
RX 252
Rev. 09/06
EXI-iIBIT A
PID
PARCEL
CTY-RTESEC
Version Dare
Page 3 of i
80758
7aWL
UNI-33-?4.87
05!09/07
THIS DESCRIPTION WAS PREPARED BY STEVEN E. RADER, REGISTERED SURVEYOR 7191,
AND IS BASED UPON A SURVEY FOR THE CITY OF DUBLIN FROM OCTOBER, 2005 TO MARCH, 2006
BY R. D. ZANDE AND ASSOCIATES, tNC, UNDER THE DIRECTION OF SAID SURVEYOR.
GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN DEED BOOK 339, PAGE 767,
OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO.
A DRAWF.YG OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF.
,,,nn:. v.. ~,,,~,
~ ~ .' '• •~• ~ n
STEt1EM .,
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"~.,ss7OhlAL Su~V
F.,,,,, ~ ~~,: «.:
R. D. ZANDE AND ASSOCIATES, FNC.
REGISTERED SURVEYOR NO. 7191 DATE
EXHIBIT
~7}t~ Page I of 3
RX 270 a PID 80748
Rev. 09.'06 ~ PARCEL 74-Sti
CTY-RTE-SEC IJ1JI-33-?4.87
Version Date 05/09/07
PARCEL 74-SH
UNI-33-24.87
PERPETUAL EASEMENT FOR HIGHWAY PURPOSES
WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS
An exclusive perpetual easement for public highway aad road purposes, including, but not limited to
any utility construction, relocation and/or utility maintenance work deemed appropriate by the State of
Ohio, Department of Transportation, its successors and assigns forever.
Grantor/Owner, for himself and his heirs, executors, administrators, successors and assigns, reserves all
existing rights of ingress and egress to and from any residual area (as used hereia, the expression
"GrantorlOwner" includes the plural, and words in the masculine include the feminine or neuter).
(Surveyor's description of the premises followsl
SITliATED iN THE STATE OF OHIO, COUNTY OF UNION, JEROME TOWNSHIP, LOCATED IN
VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE ORIGINAL 1.190 ACRE TRACT
CONVEYED TO LARRY D. AND KAREN C. PETERS BY DEED OF RECORD IN DEED BOOK 339, PAGE
767, RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PARCEL OF LAND LYING ON THE LEFT SIDE OF THE CENTERLINE OF RIGHT-OF-
WAY AND CONSTRUCTION OF S.R. 161, AS ESTABLISHED BY A SURVEY MADE BY R.D. ZANDE &
ASSOCIATES, INC., FOR THE CITY OF DUBLIN AND THE OHIO DEPARTMENT OF TRANSPORTATION
[N 2005 AND 2006, AND BEING LOCATED WITHIN THE FOLLOWING DESCRIBED BOUNDARY POINTS
OF PARCEL 74-SH;
BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLINE OF
EITERMAN ROAD AT THE INTERSECTION OF THE FRANKLIN /UNION COUNTY LINE;
THENCE NORTH 87 DEG. 57 MIN. 12 SEC. WEST, A DISTANCE OF I20.7I FEET ALONG SAID
COUNTY LINE TO A CONCRETE MONUMENT FOUND AT AN ANGLE POINT IN THE EXISTING
SOUTHWESTERLY RIGHT-OF-WAY LINE OF EITERMAN ROAD.
THENCE NORTH 87 DEG. 55 M[N. 00 SEC. WEST, A DISTANCE OF 1606.91 FEET ALONG SAID
COUNTY LINE TO A POINT IN THE COMMON LINE OF THE 74.503 ACRE TRACT CONVEYED TO UMC
VENTURES CORPORATION BY DEED OF RECORD iPi OFFICIAL RECORD 664, PAGE 360, AND THE
61.7701 ACRE TRACT CONVEYED TO PEWAMO, LTD., BY DEED OF RECORD IN OFFICIAL RECORD
579, PAGE 727;
THENCE NORTH 04 DEG. 38 MIN. S4 SEC. WEST, A DISTANCE OF 369.79 FEET ALONG THE
COMMON LINE OF SAID 74.503 AND 61.7701 ACRE TRACTS TO AN IRON PIN FOUND AT THE
COMMON CORNER OF SAID 74.503 ACRE TRACT AND THE t.187 ACRE TRACT CONVEYED TO THE
CITY OF DUBLIN BY DEED OF RECORD IN DEED BOOK 285, PAGE S8S;
THENCE CONTINUING NORTH 04 DEG. 38 MIN. 54 SEC. WEST, A DISTANCE OF 234.39 FEET
(PASSING AN IRON PIN FOUND AT A DISTANCE OF 192.43 FEET) ALONG THE COMMON LINE OF
SAID 1.187 AND 61.7701 ACRE TRACTS, TO A POINT IN THE EXISTING CENTERLINE OF RIGHT-OF-
WAY OF STATE ROUTE 161, BEING THE SOUTHERLY LINE OF THE ORIGINAL 37.998 ACRE TRACT
CONVEYED TO JEROME I ASSOCIATES, LTD., BY DEED OF RECORD N OFFICIAL RECORD 9S, PAGE
346, AT A COMMON CORNER OF SAID 1.187 AND 61.7701 ACRE TRACTS; SAID POINT BEING 32.06
FEET LEFT OF CENTERL(N'E STATION 33+40.44;
EXHIBIT A page 2 of 3
RX 270 PID 60746
Rev. 09/06 PARCEL 74-SH
CTY-RTE-SEC UNI-33-?4.87
Version Dare 05/09/07
THENCE NORTH 6S DEG. S8 MIN. 10 SEC. EAST, A DISTANCE OF 144.96 FEET ALONG SAID
EXISTING CENTERLINE OF STATE ROUTE ]61, AND THE COMMON L[NE OF SAID 1.187 AND SAID
ORIGINAL 37.998 ACRE TRACT, TO A POINT AT THE COMMON CORNEA OF SAID ORIGINAL 37.998
ACRE TRACT AND SAID ORIGINAL 3.OiS ACRE TRACT; SAID POINT BEING 28.35 FEET LEFT OF
CENTERLINE STATION 34+8S.3S;
THENCE CONTINUING NORTH 6S DEG. SS MIN. 10 SEC. EAST, A DISTANCE OF 21S.S3 FEET
ALONG SAID EXISTING CENTERLNE OF STATE ROUTE 161, AND THE SOUTHEASTERLY LINE OF
SAID ORIGINAL 3.01 S ACRE TRACT TO A POINT AT THE COMMON CORNER OF SAID ORIGINAL 3.01 S
AND L ] 90 ACRE TRACTS, BEING 22.83 FEET LEFT OF CENTERLINE STATION 37+00.81;
THENCE NORTH 03 DEG. 24 MIN. OS SEC. WEST, A DISTANCE OF 4S.S2 FEET (PASSING AN S/8"
REBAR FOUND AT A DISTANCE OF 42.84 FEET) ALONG THE COMMON LINE OF SAID ORIGINAL
3.OlS AND 1.190 ACRE TRACTS TO AN IRON PIN SET IN THE NEW NORTHWESTERLY RIGHT-OF-WAY
LINE OF STATE ROUTE 161, BEING 65.00 FEET LEFT OF CENTERLINE STATION 37+17.93; SAID IRON
PIN BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 74-SH;
THENCE CONTINUING NORTH 03 DEG. 24 MIN. OS SEC. WEST, A DISTANCE OF 2I.S9 FEET
ALONG THE COMMON LINE OF SAID ORIGINAL 3.O1S AND LI90 ACRE TRACTS TO A POINT TN THE
NORTHWESTERLY LINE OF THE HEREIN DESCRIBED STANDARD HIGHWAY EASEMENT, BEING
85.00 FEET LEFT OF CENTERLINE STATION 37+26.05;
THENCE NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 192.62 FEET ALONG THE
NORTHWESTERLY LINE OF THE HEREIN DESCRIBED STANDARD HIGHWAY EASEMENT, AND
ACROSS SAID 1.190 ACRE TRACT, TO A POINT IN THE NORTHEASTERLY L[NE OF SAID ].190 ACRE
TRACT, BEING SS.00 FEET LEFT OF CENTERLINE STATION 39+18.68;
THENCE SOUTH 22 DEG. 32 MIN. 3] SEC. EAST, A DISTANCE OF 20.03 FEET ALONG THE
NORTHEASTERLY LINE OF SAID 1.190 ACRE TRACT TO AN IRON PIN SET IN THE NEW
NORTHWESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161 (PARCEL 74-WL),
BEING 65.00 FEET LEFT OF CENTERLINE STATION 39+17.64;
THENCE SOUTH 64 DEG. 30 MIN. 09 SEC. WEST, A DISTANCE OF 157.64 FEET ALONG THE
NEW NORTHWESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161, AND
ACROSS SAID L190 ACRE TRACT, TO AN IRON PIN SET IN THE NORTHWESTERLY RIGHT-OF-WAY
LINE OF STATE ROUTE 161 (PARCEL 74-WD), AT A COMMON CORNER OF SAID PARCELS 74-WL AND
74-WD; SAID IRON PIN BEING 65.00 FEET LEFT OF CENTERLINE STATION 37+60.00;
THENCE CONTINUING SOUTH 64 DEG. 30 MIN. 09 SEC. WEST, A DISTANCE OF 42.07 FEET
ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161, AND ACROSS SAID
1.190 ACRE TRACT, ?O THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 74-
SH, CONTAINING 0.090 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000
ACRES, MORE OR LESS.
OF THE ABOVE DESCRIBED AREA, 0.090 ACRES ARE CONTAINED WITHIN UNION COUNTY
AUDITOR'S PARCEL 17-0031020.100, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-00-
026.001.
ALL IRON PINS SET ARE 3/4 INCHES IN DIAMETER BY 30 CNCHES LONG WITH AN
ALUMINUM CAP, BEARING THE NAME ODOT R/W AND R.D. ZANDE & ASSOCIATES.
ALL STATION AND OFFSET REFERENCES ARE TO THE AFOREMENTIONED CENTERLINE OF
RIGHT-OF-WAY AND CONSTRUCTION OF S.R. 161, UNLESS OTHERWISE SHOWN.
RX ?70
Rev. 09!06
EXHIBIT A
THE BEARINGS FOR THE UNI-33-24.87 PROJECT A
BEARINGS FROM THE OHIO COORDFNATE SYSTEM, SOUTH
USING G.P.S. METHODS THROUGH THE FRANKLIN COUNTY
"FRANK 172", "EGGS 5536", AND "EGGS 5534".
PiD
PARCEL
CTY-RTE-SEC
Version Dace
Page 3 of 3
80748
7a-$H
UNI-33 ?6.87
05/09/07
RE BASED UPON STATE PLANE GRID
ZONE, NAD 83 (86), AS MEASURED
ENGINEER'S STATtONS "FRANK 72",
THIS DESCRIPTION WAS PREPARED BY STEVEN E. RADER, REGISTERED SURVEYOR 719 t,
AND IS BASED UPON A SURVEY FOR THE CITY OF DUBLIN FROM OCTOBER, 2005 TO MARCH, 2006
BY R. D. ZANDE AND ASSOCIATES, INC., UNDER THE DIRECTION OF SAID SURVEYOR.
GRANTOR CLAIMS TITLE BY THE TNSTRUMENT OF RECORD N DEED BOOK 339, PAGE 767,
OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO.
A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF.
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R. D. ZANDE AND ASSOCIATES, INC.
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REGISTERED SURVEYOR NO. 7191 DATE
EXHIBIT
RX 286 PID
Rev. 09/06 ~ PARCEL
CTY-RTE-SEC
Version Dale
PARCEL 74-T
UNI-33-24.87
TEMPORARY EASEMENT FOR THE PURPOSE OF
PERFORMING THE WORK NECESSARY TO
RECONSTRUCT A DRIVE
FOR APPROXIMATELY 24 MONTHS FROM DATE OF ENTRY BY THE
STATE OF OHIO, DEPARTMENT OF TRANSPORTATION
Sun~evor's description of [he premises follows
Page 1 of?
80748
74-T
UNI-3i-?4.87
05/09/07
SITUATED IN THE STATE OF OHIO, COWTY OF UNION, JEROME TOWNSHIP, LOCATED IN
VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE ORIGINAL 1.190 ACRE TRACT
CONVEYED TO LARRY D. AND KAREN C. PETERS BY DEED OF RECORD IN DEED BOOK 339, PAGE
767, RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PARCEL OF LAND LYING ON THE LEFT SIDE OF THE CENTERLINE OF RIGHT-OF-
WAY AND CONSTRUCTION OF S.R. 161, AS ESTABLISHED BY A SURVEY MADE BY R.D. ZANDE &
ASSOCIATES, INC., FOR THE CITY OF DUBLIN AND THE OH10 DEPARTMENT OF TRANSPORTATION
IDl 2005 AND 2006, AND BEING LOCATED WITHIN THE FOLLOWING DESCRIBED BOUNDARY POINTS
OF PARCEL 74-T;
BEGINNING FOR REFERENCE AT AN IRON PIN SET AT THE INTERSECTION OF THE NEW
NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 161, WITH THE COMMON LINE OF SAID
1.190 ACRE TRACT AND THE ORIGINAL 3.015 ACRE TRACT CONVEYED TO IOHN L. VICKERS BY
DEED OF RECORD IN OFFICIAL RECORD 378, PAGE 869; SAID (RON PIN BEING 65.00 FEET LEFT OF
CENTERLINE STATION 37+17.93;
THENCE NORTH 03 DEG. 24 MIN. OS SEC. WEST, A DISTANCE OF 2L59 FEET ALONG THE
COMMON LINE OF SAID ORIGINAL 3.015 AND 1.190 ACRE TRACTS TO A POINT IN THE
NORTHWESTERLY LINE OF A STANDARD HIGHWAY EASEMENT (PARCEL 74-SH), BEING 85.00 FEET
LEFT OF CENTERLINE STATION 37+26.05, AND BEING THE POINT OF TRUE BEGINNING OF THE
HEREIN DESCRIBED PARCEL 74-T;
THENCE CONTINUING NORTH 03 DEG. 24 MIN. OS SEC. WEST, A DISTANCE OF 32.38 FEET
ALONG THE COMMON LINE OF SAID ORIGINAL 3.015 AND LI90 ACRE TRACTS, TO A POINT BEING
115.00 FEET LEFT OF CENTERLINE STATION 37+38.23;
TRACT;
THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ACROSS SAID 1.190 ACRE
1. THENCE NORTH 64 DEG. 30 MIN. 09 SEC. EAST, A DISTANCE OF 53.09 FEET TO A
POINT BEING 115.00 FEET LEFT OF CENTERLINE STATION 37+91.32;
2. THENCE SOUTH 04 DEG. 49 MIN. 23 SEC. EAST, A DISTANCE OF 32.06 FEET TO A
POINT IN SAID NORTHWESTERLY LINE OF THE STANDARD HIGHWAY EASEMENT,
BERQG 85.00 FEET LEFT OF CENTERLINE STATION 37+80.00;
THENCE SOUTH 64 DEG. 30 MIN. 09 SEC. WEST, A DISTANCE OF 53.95 FEET ALONG SAID
NORTHWESTERLY LINE OF THE STANDARD HIGHWAY EASEMENT, AND ACROSS SAID 1.190 ACRE
TRACT, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 74-T,
CONTAINING 0.037 ACRES, MORE OR LESS.
OF THE ABOVE DESCRIBED AREA, 0.037 ACRES ARE CONTAINED WITHIN UNION COUNTY
AUDITOR'S PARCEL 1 7-00 3 1 020.100, AS SHOWN ON UN10N COUNTY GIS MAP NUMBER 146-00-00-
026.001.
EXHI$IT A Page? of?
RX?86 PN 807x8
Rev. 09106 PARCEL 74-T
CTY~RTE-SEC IJTi I-33-24.87
Version Date 05/09/07
ALL IRON P1NS SET ARE 314 INCHES IN DIAMETER BY 30 tNCHES LONG WITH AN
ALUMINUM CAP, BEAR1TiG THE NAME ODOT R/W AND R.D. ZANDE & ASSOCIATES.
ALL STATION AND OFFSET REFERENCES ARE TO THE AFOREMENTIONED CENTERLINE OF
RIGHT-OF-WAY AND CONSTRUCTION OF S.R. I61, UNLESS OTHERWISE SHOWN.
THE BEARINGS FOR THE UNI-33-24.87 PROJECT ARE BASED UPON STATE PLANE GRID
BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED
USING G.P.S. METHODS THROUGH THE FRANKLIN COUNTY ENGINEER`S STATIONS "FRANK 72",
"FRANK 172", "FCGS 5536", AND "FCGS 5534".
THIS DESCRIPTION WAS PREPARED BY STEVEN E. RADER, REGISTERED SURVEYOR 7191,
AND IS BASED liPON A SURVEY FOR THE CITY OF DUBLIN FROM OCTOBER, 2005 TO MARCH, 2006
BY R. D. ZANDE AND ASSOCIATES, INC., UNDER THE DIRECTION OF SAID SURVEYOR.
GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN DEED BOOK 339, PAGE 767,
OF THE RECORDER'S OFFICE, UTiION COUNTY, OHIO.
THIS TEMPORARY EASEMENT IS FOR THE PURPOSE OF PERFORMING THE WORK
NECESSARY TO RECONSTRUCT A DRIVE.
A DRAW ING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF.
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R. D. ZANDE AND ASSOCIATES, INC.
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RE ISTERED SURVEYOR NO. 7191 DATE