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Home My WebLink AboutResolution 071-15F RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. 71 -15 P. •.l 20 A RESOLUTION OF INTENT TO APPROPRIATE A 0.013 ACRE, MORE OR LESS, PERMANENT EASEMENT, AND A 0.007 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM KEVIN D. MULLINS AND JOCELYN MULLINS, FROM THE PROPERTY LOCATED AT 8600 HYLAND CROY ROAD FOR THE CONSTRUCTION OF A SHARED -USE PATH CONNECTION. WHEREAS, the City of Dublin (the "City ") is preparing to construct a shared -use path connection adjacent to Hyland -Croy Road (the "Project'j; and WHEREAS, the Project requires that the City obtain a permanent easement and a temporary easement from Kevin D. Mullins and Jocelyn Mullins, as described in the Exhibits labeled "A" and depicted in the Exhibits labeled "B," all attached hereto, said property interest located in the City of Dublin, County of Union, State of Ohio. NOW, TH REFORE' BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate, for the public purpose of constructing a shared -use path, a permanent easement and a temporary easement as described in the Exhibits labeled "A" and depicted in the Exhibits labeled "B," all attached hereto. Section 2. The City Manager is hereby authorized to cause written notice of the passage of this Resolution to be served upon the owner and persons in possession or having an interest of record in the property described in the Exhibits labeled "A" and depicted in the Exhibits labeled "B," and this notice shall be served according to law. Section 3, This Resolution shall take effect upon adoption in accordance with 4.04(a) of the Dublin Revised Charter. Passed this day of 0 f0`� -� , 2015. or - Presiding Otficer ATTEST: (2_dlea_� 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: Dana L. McDaniel, City Manager Po % /Ilft Date: October 8, 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: Resolution 71 -15 - A RESOLUTION OF INTENT TO APPROPRIATE A 0.013 ACRE, MORE OR LESS, PERMANENT EASEMENT, AND A 0.007 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM KEVIN D. MULLINS AND JOCELYN MULLINS, FROM THE PROPERTY LOCATED AT 8600 HYLAND CROY ROAD FOR THE CONSTRUCTION OF A SHARED -USE PATH CONNECTION. BACKGROUND The City of Dublin ( "City ") is preparing to construct a shared -use connection path adjacent to Hyland Croy Road (the ''Project'. The City is obtaining certain permanent property interests from various landowners to construct the path, as well as also acquiring temporary easements to perform minor grading and construction. Kevin D. Mullins and Jocelyn Mullins (the "Grantors) own property from which the City desires a permanent easement and a temporary easement. This property is located at 8600 Hyland Croy Road, Plain City, OH 43064 and is identified as Union County Parcel No. 39- 00240370000. The City is hopeful that an amicable resolution can be reached with the Grantors; however, this Resolution begins the eminent domain process in the event that negotiations are unsuccessful. ACQUISITION The appropriation consists of a 0.013 acre, more or less, permanent easement; and a 0.007 acre, more or less, temporary easement RECOMMENDATION The Law Department recommends approval of Resolution 71 -15 as approval of the Resolution will keep the Project moving forward. Parcel 1P Exhibit A Permanent Easement for Shared -Use Path, Utilities, Storm Drainage, and Grading 0.013 acres Situated in the State of Ohio, County of Union, City of Dublin, being a part of Virginia Military Survey Number 2925 and a part of a 5.678 acre tract conveyed to Kevin D. and Jocelyn Mullins by Official Record 117, Page 182, all records herein are from the Recorder's Office, Union County, Ohio unless otherwise noted and being more particularly described as follows: Beginning at the intersection of the east Right of Way of Hyland Croy Road (60 foot) and the south line of said 5.678 acre tract; Thence, North 12 °18'59" West, a distance of 30.20 feet, along the east Right of Way Hyland Croy to the north line of said 5.678 acre tract; Thence, North 84 °12'29" East, a distance of 18.50 feet, along the north line of said 5.678 acre to a point; Thence, South 12 °18'59" East, a distance of 30.20 feet, crossing said 5.678 acre tract to the south line of said 5.678 acre tract; Thence, South 84 °12'29" West, a distance of 18.50 feet, along the south line of said 5.678 acre tract to the Point of Beginning, containing 0.013 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. The described tract is a part of Auditor's Tax Parcel Number 3900240370000 and is based on Official Record 117, Page 182. 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 `,`,,,, %0P�snOF t &' a ;, 09/08/2014 = 9 : 94M Charles A. Wagner- Professional Surveyor 8091 Date O NAL Parcel IT Exhibit A Temporary Easement for Shared -Use Path, Utilities, Storrs Drainage, and Grading 0.007 acres Situated in the State of Ohio, County of Union, City of Dublin, being a part of Virginia Military Survey Number 2925, and a part of a 5.678 acre tract conveyed to Kevin D. and Jocelyn Mullins by Official Record 117, Page 182, all records herein are from the Recorder's Office, Union County, Ohio unless otherwise noted and being more particularly described as follows: Beginning for Reference at the intersection of the east Right of Way of Hyland Croy Road (60 foot) and the south line of said 5.678 acre tract; Thence, North 84 °12'29" East, a distance of 18.50 feet, along the south line of said 5.678 acre tract to the True Point of Beginning; Thence, North 12 °18'59" West, a distance of 30.20 feet, crossing said 5.678 acre tract to the north line of said 5.678 acre tract; Thence, North 84 °12'29" East, a distance of 10.00 feet, along the north line of said 5.678 to a point; Thence, South 12 °18'59" East, a distance of 30.20 feet, crossing said 5.678 acre tract to the south line of said 5.678 acre tract; Thence, South 84 °12'29" West, a distance of 10.00 feet, along the south line of said 5.678 acre tract to the Point of Beginning, containing 0.007 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. The described tract is a part of Auditor's Tax Parcel Number 3900240370000 and is based on Official Record 117, Page 182. 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 gn ., 01p.. t� OF �'. �� •` O M 09/08/2014 Charles A. Wagner - Professional Surveyor 8091 Date ? 'lam 9.M J . "�ejOMAL 9��d 0 20 VIRGINIA MILITARY NUMBER 2925 EXHIBIT B CITY OF DUBLIN N COUNTY OF UNION 102 STATE OF OHIO 1' 0' 1 � 1 1 � 1 1 11 PA P 1 1 1 BARBARA STROBLE 1 111 OR 67, PG 779 5.784 ACRES Y 1 1 1700240600000 1 Q 1 1 1 PA ------- 1 0 N84'12'29" �d Q o{ 1 KEVIN D. & JOCELYN MULLINS b............ N -� N .'.'.'.'.'.'.'.'.... 1 OR 117, PG 182 1 1 P M M 11 1 5.678 ACRES 0.013 ACRES ........... wl 1 3900240370000 o `� ............... 1 p POINT OF ....'...'..... r 1 BEGINNING N N1 11 PA 20' UTILITY EASEMENT S84'12 29' 1 1 20' COLUMBIA GAS 0 1 OF OHIO, INC. 4 EASEMENT N 1 OR 4, PG 772 Z 1 =p O 1 OZ 1 to 1 1 THE BOARD OF EDUCATION OF 1 THE DUBLIN CITY SCHOOL DISTRICT 1 O.R. 9 25.614 ACRES 390029001100 BASIS OF BEARINGS THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD83 (2011). 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 KNOWLEDGE DEPICTS THE BOUNDARY LINES. ld�z 09/08/2014 CHARLES A. WAGNER, PS -8091 DATE CW DESIGN GROUP, LLC CW Design Group EROINEER61 bURVEVORB PHONE: 614- 846 -9279 972 Unkfield Drive Worthington, Ohio 43085 CHAFLES y WA0 0 p T .9� &9081 _F� •.o,eTe.. �10NAL PARCEL 1 P PERMANENT EASEMENT FOR SHARED -USE PATH, UTILITIES, STORM DRAINAGE, AND GRADING 13 -0026 1 1 09/08/2014 0 20 VIRGINIA MILITARY NUMBER 2925 EXHIBIT B CITY OF DUBLIN N COUNTY OF UNION 10 STATE OF OHIO 1 " =20' 1 1 1 1 1�1 I 11 PA P 1 1 BARBARA STROBLE 1 1 OR 67, PG 779 5.784 ACRES 1700240600000 1 1 1 1 11 N84'12'29 "E - PA vP10.�0' 1T o N O 0.007 ACRES N o KEVIN D. & JOCELYN MULLINS OR 117, PG 182 5.678 ACRES '00 10 co ➢ a a, 3900240370000 LO m v to N N PA - 1 18.50' ,10.00' THE BOARD OF EDUCATION OF ..i N84'1 29 THE DUBLIN CITY SCHOOL POINT OF DISTRICT , 584. 12'29 "W O.R. C 209 25.6114 4 ACRES REFERENCE 1 1 390029001100 2014 AND TO THE BEST 1 20' UTILITY EASEMENT POINT OF 09/08/2014 BEGINNING 1 a 20' COLUMBIA GAS OF OHIO, INC. EASEMENT oC OR 4, PG 772 mC I o% 1 0 m BASIS OF BEARINGS THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD83 (2011). 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 KNOWLEDGE DEPICTS THE BOUNDARY LINES. 09/08/2014 CHARLES A. WAGNER, PS -8091 DATE CW DESIGN GROUP, LLC CW Design Group ENOIN EE NeI BUPV EYON9 PHONE: 614- 846 -9279 972 Unkfleld Drive L Worthington, Ohio 43085 OF 0yi CHAFLES Y. A y : WAf)Bi O O .9 5-8081 �. zo PARCEL 1 T TEMPORARY EASEMENT FOR SHARED -USE PATH, UTILITIES, STORM DRAINAGE, AND GRADING 13 -0026 1 1 09/08/2014 City of Dublin 6900 Shier--Rkw Road • D WI% Ohio 49018 -IM Phone (814)410 -4800 • Fax (814)410 -4899 LEGEND PROPOSED PERMANENT EASEMENT 1 -P: 0.013 Ac. PROPOSED TEMPORARY EASEMENT 1 -T: 0.007 Ac. l HYLAND-CROY ROAD SHARED -USE PATH KEVIN D. & JOCELYN MULLINS 8600 HYLAND -CROY RD. PLAIN CITY, OHIO 43064 M' �� - 0 DU BLIN ROAD 00 ROr -T j VBo,,A E DRAWN CHECKED DATE j JOB NO. .� MSS KBR 10/01/15 1 — m ar