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Home My WebLink AboutOrdinance 057-15RECORD OF ORDINANCES Dayton Legal Blank, Inc. 57 -15 Ordinance No. Form No.30043 Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.049 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM PROPERTY LOCATED AT 7690 RIVERSIDE DRIVE OWNED BY BROWN AND ERDMANN, LLC, FOR THE CONSTRUCTION OF THE RIVERSIDE DRIVE SHARED -USE PATH CONNECTION. WHEREAS, the City of Dublin (the "City ") is preparing to construct a shared -use path connection adjacent to Riverside Drive between Thaddeus Kosciuszko Park and Tonti Drive (the "Project'; and WHEREAS, the Project requires that the City obtain a temporary easement from Brown and Erdmann, LLC (the "Grantor', as described in the Exhibits labeled "A" and depicted in the Exhibits labeled "B," attached hereto, said property interest located in the City of Dublin, County of Franklin, State of Ohio; and WHEREAS, after engaging in amicable discussions, the City has come to an agreement with the Grantor to acquire the temporary easement in exchange for the City replacing Grantor's asphalt driveway located on the property; and WHEREAS, the City desires to execute necessary conveyance documentation to complete the transaction between the City and the Grantor. 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 execute all necessary conveyance documentation to acquire a 0.049 acre, more or less, temporary easement, said temporary easements for twelve (12) months, commencing on the date construction begins, from Brown and Erdmann, LLC, in exchange for the City replacing Grantor's asphalt driveway, said property more fully described in the Exhibits labeled "A" and depicted in the Exhibits labeled "B." Section 2. This Council further hereby authorizes and directs the City Manager, the Director of Law, the Director of Finance, the Clerk of Council, or other appropriate officers of the City to prepare and sign all agreements and instruments and to take any other actions as may be appropriate to implement this Ordinance. Section 3. This Ordinance shall be effective upon the earliest date permitted by law. Passed this day of ATTEST: Clerk of Council 2015. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 To: Members of Dublin City Council From: Dana L. McDaniel, City Manages% J Date: August 6, 2015 Initiated By: Paul A. Hammersmith, PE, Director of Engineering /City Engineer Kenneth B. Richardson, PE, PS, Senior Civil Engineer Philip K. Hartmann, Assistant Law Director Memo Re: Ordinance 57 -15 AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.049 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM PROPERTY LOCATED AT 7690 RIVERSIDE DRIVE OWNED BY BROWN AND ERDMANN, LLC, FOR THE CONSTRUCTION OF THE RIVERSIDE DRIVE SHARED -USE PATH CONNECTION. BACKGROUND The City of Dublin (the "City ") is preparing to construct a shared -use path connection adjacent to Riverside Drive between Thaddeus Kosciuszko Park and Tonti Drive (the "Project'. The Project requires that the City obtain a temporary easement from Brown and Erdmann, LLC. The property is located at 7690 Riverside Drive and identified as Franklin County Parcel Number 273- 008661. After engaging in amicable discussions, the City has come to an agreement with Brown and Erdmann, LLC, to acquire the temporary easement in exchange for replacing the asphalt driveway on the property. ACQUISITION The City is acquiring a temporary easement from Brown and Erdmann, LLC, as described and depicted in the legal exhibits attached to this memorandum, consisting of 0.049 acre, more or less, for the purpose of construction, grading, utility work, and other work related to the construction of the shared -use path connection on Riverside Drive. RECOMMENDATION Staff recommends approval of Ordinance No. 57 -15 as the construction of the Project is necessary for the public welfare and safety, and approval of the Ordinance will keep the Project moving forward. Parcel 7T Exhibit A Temporary Easement for Shared -Use Path, Utilities, Storm Drainage, and Grading Situated in the State of Ohio, County of Franklin, City of Dublin, being a part of the Quarter Township 2, Township 2, Range 19 of the United States Military Lands, being a part of a 0.464 acre tract conveyed to Brown and Erdmann, LLC by Instrument Number 201109220120271, all records herein are from the Reoorder's Office, Franklin County, Ohio and being more particularly described as follows: Beginning for Reference at the intersection of the east Right of Way of Riverside Drive (100 foot) and the south line of said 0.464 acre tract; Thence, North 11 °30'52" West, a distance of 41.08 feet, along the east Right of Way of said Riverside Drive to a point; Thence, crossing said 0.464 acre tract the following four courses: 1. North 78 °29'08" East, a distance of 39.80 feet to a point; 2. South 12 °09'20" East, a distance of 24.62 feet to a point; 3. North 79 °00'48" East, a distance of 10.63 feet to a point; 4. South 11 °37'OT' East, a distance of 28.00 feet to the south line of said 0.464 acre tract; Thence, North 88 °35'51" West, a distance of 52.07 feet, along the south line of said 0.464 acre tract to the Point of Beginning, containing 0.049 acres, more or less, subject to legal highways, easements, leases and restriction of record and of records in the respective utility offices. The bearings described herein are based on the Ohio State Plane Coordinate System, North Zone, NAD83 (2011). Said bearings originated from a field traverse which was referenced to said coordinate system by GPS observations and observations of selected stations in the Ohio Department of Transportation Virtual Reference Station Network. Note that parcel is located in South Zone, however, the overall project is in North Zone and used for the Construction Documents. The described tract is a part of Auditor's Tax Parcel Number 273 -008661 -00 and is based on Instrument Number 201109220120271. 1 hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in June 2014 and to the best of my knowledge depicts the boundary lines. CW Design Group, LLC puuiiiin�� eoIe OF 4b 0 CKVM •AGI61 12/05/2014 Charles A. Wagner - Professional Surveyor 8091 Date ' �►' ?� p /eTe�'4 .4 y� . ......... S-0 0 20 N ,0 1 ° =20' 1 1 JASON AND EMILY KING 1 INSTRUMENT # 201402280024959 0.517 ACRES 273 - 008667 -00 1 1 PA 1 1 1 1 1 1 1 1 11 � Imo 1 � N 1 1 m EXHIBIT B QUARTER TOWNSHIP 2, TOWNSHIP 2, RANGE 19 UNITED STATES MILITARY LANDS CITY OF DUBLIN COUNTY OF FRANKLIN STATE OF OHIO BROWN AND ERDMANN, LLC INSTRUMENT # 201109220120271 0.464 ACRES 273 - 008661 -00 m 1 1 � POINT OF BEGINNING 1 1 BASIS OF BEARINGS THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD83 (2011). NOTE THAT PARCEL IS LOCATED IN SOUTH ZONE, HOWEVER, THE OVERALL PROJECT IS IN THE NORTH ZONE AND USED FOR CONSTRUCTION DOCUMENTS. HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY CONDUCTED BY CW DESIGN GROUP, LLC UNDER MY GUIDANCE IN JULY & AUGUST 2014 AND TO THE BEST OF MY KNOWWLEDGE DEPICTS THE BOUNDARY LINES. A�/� e. ' 12/05/2014 CHARLES A. WAGNER, PS -8091 DATE CW DESIGN GROUP, LLC Vul T/ ° CITY OF DUBLIN INSTRUMENT # 200403050048545 1.039 ACRES 273 - 008829 -00 OF •Oti- cb ' CHA LE8 O A w O '•.9 S-B091 •• O 7ONAL 10.63' i 13 -0026 CW Design Group ... PARCEL 7T G ENOINEERBI BIIRVEY PHONE: 614 -846 -9279 TEMPORARY EASEMENT 0 972 Unkaeld Drive FOR SHARED -USE PATH, UTILITIES, STORM Worthington, onto 43oas lonto 43oas I DRAINAGE, AND GRADING 12/05/2014 Aw" ..... . . . . . I . . . . . . . . . . . F. !N:J'12�1'