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HomeMy WebLinkAboutOrdinance 088-15RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. $8 -15 Passed , 20 AN ORDINANCE AUTHORIZING THE CITY [i \'MANAGER TO EXECUTE M ECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.037 ACRE, MORE OR LESS, PERMANENT EASEMENT AND A 0.093 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM CON N ELLY BRUESHABER REAL ESTATE HOLDINGS, LLC, FOR THE PROPERTY LOCATED AT 4340 DALE DRIVE FOR THE CONSTRUCTION OF A ROUNDABOUT AT THE INTERSECTION OF STATE RO "TE 161 AND RIVERSIDE DRIVE AND A SHARED -USE PATH ADJACENT TO RIVERSIDE DRIVE. WHEREAS, the City of Dublin (the "City'? is preparing to construct a roundabout at the intersection of State Route 161 and Riverside Drive and a shared -use path adjacent to Riverside Drive (the "Project'; and WIUEREAS, said Project requires that the City obtain certain property interest from Franklin County Parcel No. 273 - 008868 owned by Connelly Brueshaber Real Estate Holdings, i__I -.0 (the "Grantor "), said property interest more fully described in the attached Exhibit "A" and depicted in the attached Exhibit "B;" and WHEREAS, the City and the Grantor participated in good faith discussions and have come to mutually agreeable terms for the acquisition of the necessary property interest for the sum of $24,655.00; and WHEREAS, the City desires to execute necessary conveyance documentation to complete the transaction between the City and the Grantor. NOW, TH EFORE, 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 0.037 acre, more or less, permanent easement, and a 0.093 acre, more or less, temporary easement for 2 years, commencing on the date construction begins, from Connelly Brueshaber Real Fstate Moldings, LLC, for the sum of $24,655.00, said property interest located within Franklin County Parcel No. 273 - 008868, and more fully described and depicted in the attached Exhibits "A" and "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 take any other actions as may be appropriate to implement this Ordinance. Section 3. This Ordinance shall take effect in accordance with 4.04(b) of the Dublin Revised Charter. Passed this `��� day of —6 e(t ��j��'�f 2015. i kaj6r — Presiding Officer ATTEST: Clerk of Council IOffice • the City Manager 5200 Emerald Parkway * Dublin, OH 43017-1090 ty of Dubl n Phone: 614-410-4400 # Fax: 614-410-4490 it To: Members of Dublin City Council From., Dana L. McDaniel, City Tana r Date: November 12, 2015 Initiated By: Megan OCallaghan, PE, Director of Public Works Philip K. Hartmann, Assistant Law Director I Connelly Brueshaber Real Estate Holdings, LLC (the ""Grantor"') owns property from which the City desires a permanent easement and a temporary easement for the Project. This property is located at 4340 Dale Drive, and is identified as Franklin County Parcel No. 273-008868, After engaging in amicable discussions, the City has come to an agreement with the Grantor to acquire the permanent easement and temporary easement for the appraised value of $24,655.00. The City will be acquiring from the Grantor only the property interests necessary for purposes of the Project, as depicted in the legal description and depiction attached to this memorandum. Ordinance No. 88-15 would authorize the City Manager to execute all necessary conveyance documentation to formally acquire the necessary property interest described above. Staff recommends that Council approve Ordinance 88-15 at the second reading/public hearing on December 7, 2015. Location Map N SR 161 / RIVERSIDE DRIVE RO UNDBA0 UT City of Dublin CONNELL Y BRUESHABER REAL ESTATE HOLDINGS 5800 Shier —Rings Road • Dublin, Ohio 43016 -1236 PID: 273-008868 Phone (614)410 -4600 • Fax (614)410 -4699 LEGEND PROPOSED PERMANENT EASEMENT 0.037 Ac. " ' - 1 PROPOSED TEMPORARY EASEMENT 0.093 Ac. ,1 - 4 -; ! �.. Aji . ONNE Y BRUESH RAL ESTATd HOLDIN� L .. LL, 4 LU jF,q w.,is e s � , � � ``A t •a Ir w� - N ■ % ill ITV iil L 1 . e , a DU 1�4.IN -GRANV LL R a -G- ra r y — DRAWN CHECKED DATE JOB NO. SCAM +. _ +0. MSS MKB 11/09/15 13- 014 —CIP o' R +�' CITY OF DUBLIN, OHIO DESCRIPTION OF A 0.037 ACRE PATH & UTILITY EASEMENT ACQUIRED FROM CONNELLY BRUESHABER REAL ESTATE HOLDINGS, LLC Situated in the State of Ohio, County of Franklin, City of Dublin, being located in Quarter Township 3, Township 2, Range 19, United States Military Lands, and being a part of Lot 2 of Dale Center, of record in Plat Book 58, Page 81, as described in a ldeed to Connelly Brueshaber Real Estate Holdings, LLC, of record in Instrument Number 201408200108795, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being further bounded and described as follows: Commencing for reference at a 5/8" iron pin found in a monument box assembly located at the intersection of Dale Drive (as established in Plat Book 58, Page 81) and the centerline for Dublin- Granville Road (State Route 161) as shown on the 1934 right -of -way plans for S.H. 48 Dublin Br. & Appr. and on the 1944 right -of -way plans for S.H. 558, Sec. A; Thence North 02 degrees 31 minutes 08 seconds East, along the centerline of said Dale Drive, a distance of 54.33 feet to a point; Thence North 87 degrees 28 minutes 52 seconds West, along a line perpendicular from the previous course, a distance of 31.04 feet to a point on the west right -of -way line for Dale Drive as dedicated in said Plat Book 58, Page 81, being on the north right -of -way line for said Dublin - Granville Road and at the northeast corner of a 0.048 acre parcel described in a deed to City of Dublin, of record in Official Record 19911 F07, and being on the east line of said Lot 2; Thence North 86 degrees 52 minutes 52 seconds West, across said Lot 2, along the north right - of -way line for said Dublin- Granville Road and the north line of said 0.048 acre parcel, a distance of 40.93 feet to an iron pin set at the TRUE POINT OF BEGINNING for this description; Thence North 86 degrees 52 minutes 52 seconds West, continuing across said Lot 2, continuing along the north right -of -way line for said Dublin- Granville Road and the north line of said 0.048 acre parcel, a distance of 137.12 feet to a point on the west line of said Lot 2, being at the northwest corner of said 0.048 acre parcel, being the northeast corner of a 0.718 acre parcel described in a deed to City of Dublin, of record in Official Record 22210 118, and being the southeast corner of a 5.120 acre parcel described in a deed to City of Dublin, of record in Instrument Number 201306110096726; Thence North 14 degrees 01 minute 30 seconds West, along the west line of said Lot 2, along the east line of said 5.120 acre parcel, a distance of 14.30 feet to an iron pin set; Thence across said Lot 2 along the following four (4) described courses: 1. South 86 degrees 42 minutes 05 seconds East, a distance of 65.65 feet to an iron pin set; 2. South 80 degrees 25 minutes 27 seconds East, a distance of 50.30 feet to an iron pin set; 3. South 86 degrees 42 minutes 05 seconds East, a distance of 25.73 feet to an iron pin set; 4. South 03 degrees 17 minutes 55 seconds West, along a line perpendicular from the previous course, a distance of 7.72 feet to the TRUE POINT OF BEGINNING for this description. The above description contains a total area of 0.037 acres, of which 0.000 acres lies within the present road occupied, within Franklin County Auditor's parcel number 273 - 008868. The bearings herein are based on the Ohio State Plane Coordinate System (South Zone) as per NAD 83 (1986 adjustment). Control for bearings was from coordinates of monuments FRANK 73 and FRANK 74, having a bearing of South 73° 57' 18" East, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment. Iron pins set are 5/8 inch diameter by 30 inch long rebar with caps stamped "Structurepoint -PS 8438 ". This description was prepared by Brian P. Bingham, Registered Professional Surveyor No. 8438 on February 26, 2015 based on an actual survey performed in the field by American Structurepoint, Inc. and is true and correct to the best of my knowledge. ��e�e ®ooeais�° American Structurepoint, Inc. A OF °dye O ° BRIAN P. BINGHAM e 8438 o Q Brian P. Bingham : p . �+`N7O •0 Z Date ReRegistered Professional Surveyor No. 8438 •��EA!� - -'4 g Y . cP•'•• ,• PJ .es�ss 01V O -�a- '44%x-z- ALXAL . ,3` 0 Kk -� 0 , 03--W'ot— 0 V-V- 0 �- z:411�'� r6g 0 DESCPLWff( -9 F1Lfitdl'D DEAN C. RiNGLE, P.E., P.S. BY- DATE- , PROJ. NO: 2007.00175 DRAWN BY: BPB CHECKED BY. MTL PAGE IOF I ■E 0 AMERICAN E R i CA N 2650 CORPORATE EXCHANGE DR, STE 300 O 0 STRUCTUREPOINT TEL 614.901.22 5L FAX 14.901.2236 m INC. www.structurepoint.com ■ EXHIBI T 'B" 0.037 ACRES PATH & UTILITY EASEMENT ACQUIRED FROM CONNELL Y BRUESHABER REAL ESTA TE HOLDINGS DUBLIN, OHIO SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED IN QUARTER TOWNSHIP 3, TOWNSHIP 2, RANGE 19, UNITED STATES MILITARY LANDS. BASIS OF BEARING: THE BEARINGS HEREIN ARE BASED ON THE OHIO STA TE PLANE COORDINA TE SYSTEM SOUTH ZONE AS PER NAD 83 (1986 ADJUSTMENT). CONTROL FOR BEARINGS WAS FROM COORDINATES OF MONUMENTS FRANK 73 AND FRANK 74, HAVING A BEARING OF SOUTH 73° 57' 18" EAST, ESTABLISHED BY THE FRANKLIN COUNTY ENGINEERING DEPARTMENT, USING GLOBAL POSITIONING SYSTEM PROCEDURES AND EQUIPMENT, I HEREBY CERTIFY THAT: eooa ®��eOFOR e THIS DRAWING REPRESENTS THE RESUL TS OF AN ACTUAL FIELD SURVEY �� .�P .••••••.. yj �oo OF THE PREMISES PERFORMED BY AMERICAN STRUCTUREPOINT, INC. IN �•' Ir • °• 60 MARCH -APRIL OF 2013. THIS DRAWING IS CORRECT TO THE BEST OF •� BRIAN P MY KNOWLEDGE AND BELIEF. .. BINGHAIIA o : • sa38 m °o a 4010fVAL BRIAN P. BIN G AM, P. S. NO. 8438 DATE AMERICAN STRUCTUREPOINT, INC. LEGEND ei,P.s. 518" IRON PIN SET WITH CAP "STRUCTUREPOINT -PS 8438" CC CMS MONUMENT BOX FOUND x "i PID: 273 - 008868 CONNELLY BRUESHABER REAL ESTATE HOLDINGS, LLC INST. NO. 201408200108795 PT. LOT 2 DALE CENTER P.B. 58, PG 81 > �� Q C) 1,0 W J BPACO, LLC C o? INST. NO. 201306110096423 12.363 ACRES i x w � 14.30' N - N 140 01' 30" W 25.73' S 860 42' 05" E 0 0-` a P86° 42' 05" E 65.65' '.S 80° 25 ' D o Z o p 27" E 50 . , 5 30 e Q 7.72' �� 0.037 AC. P S 030 17' 5 W1 31_04'-- N 86° 52' 52" W 137.12' CITY OF DUBLIN —� !A N a6° 5z' sr' W -- - N s�° 28' 52" W O.R. 19911 F07 s — — — --- —-- - - -_ -- 0.048 ACRES — — — — — w :9c' POINT OF O N Q BEGINNING PID: 273 - 008860 o o N HARRISBURG PIKE Q DEVELOPMENT COMPANY o ° S.R. 161 REMAINDER OF 4.083 ACRES Z 1934 S.H. 48 Dublin Br. & Appr. D.B. 3773, PG 589 1944 S.H. 558, Sec. A DUBLIN- GRANVILLE ROAD (S .R . 161) VARIABLE WIDTH R/W CITY OF DUBLIN POINT OF 2.519 ACRES INST. NO. 199911150285244 REFERENCE 30' 0' 30' 518" IRON PIN (t IN MON. BOX Sca I e: 1" = 30' BASIS OF BEARING: THE BEARINGS HEREIN ARE BASED ON THE OHIO STA TE PLANE COORDINA TE SYSTEM SOUTH ZONE AS PER NAD 83 (1986 ADJUSTMENT). CONTROL FOR BEARINGS WAS FROM COORDINATES OF MONUMENTS FRANK 73 AND FRANK 74, HAVING A BEARING OF SOUTH 73° 57' 18" EAST, ESTABLISHED BY THE FRANKLIN COUNTY ENGINEERING DEPARTMENT, USING GLOBAL POSITIONING SYSTEM PROCEDURES AND EQUIPMENT, I HEREBY CERTIFY THAT: eooa ®��eOFOR e THIS DRAWING REPRESENTS THE RESUL TS OF AN ACTUAL FIELD SURVEY �� .�P .••••••.. yj �oo OF THE PREMISES PERFORMED BY AMERICAN STRUCTUREPOINT, INC. IN �•' Ir • °• 60 MARCH -APRIL OF 2013. THIS DRAWING IS CORRECT TO THE BEST OF •� BRIAN P MY KNOWLEDGE AND BELIEF. .. BINGHAIIA o : • sa38 m °o a 4010fVAL BRIAN P. BIN G AM, P. S. NO. 8438 DATE AMERICAN STRUCTUREPOINT, INC. CITY OF DUBLIN, OHIO DESCRIPTION OF A 0.093 ACRE TEMPORARY EASEMENT ACQUIRED FROM CONNELLY BRUESHABER REAL ESTATE HOLDINGS, LLC Situated in the State of Ohio, County of Franklin, City of Dublin, being located in Quarter Township 3, Township 2, Range 19, United States Military Lands, and being a part of Lot 2 of Dale Center, of record in Plat Book 58, Page 81, as described in a deed to Connelly Brueshaber Real Estate Holdings, LLC, of record in Instrument Number 201408200108795, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being further bounded and described as follows: BEGINNNING at the intersection of the west line of said Lot 2 and the existing north right -of -way line for Dublin Granville Road (S.R. 161), being the northwest corner of a 0.048 acre parcel described in a deed to City of Dublin, of record in Official Record 19911 F07, being the northeast corner of a 0.718 acre parcel described in a deed to City of Dublin, of record in Official Record 22210 118, and being the southeast corner of a 5.120 acre parcel described in a deed to City of Dublin, of record in Instrument Number 201306110096726; Thence North 14 degrees 01 minute 30 seconds West, along the west line of said Lot 2 and the east line of said 5.120 acre parcel, and along the east line of an original 12.363 acre parcel described in a deed to BPACQ, LLC, of record in Instrument Number 201306110096423, a distance of 39.61 feet to a point; Thence across said Lot 2 along the following four (4) described courses: 1. South 78 degrees 54 minutes 23 seconds East, a distance of 152.32 feet to a point; 2. South 49 degrees 34 minutes 32 seconds East, a distance of 16.58 feet to a point; 3. South 03 degrees 07 minutes 08 seconds West, a distance of 6.67 feet to a point on the existing north right -of -way line for said Dublin Granville Road, being on the north line of said 0.048 acre parcel; 4. North 86 degrees 52 minutes 52 seconds West, along the existing north right -of -way line for said Dublin Granville Road, along the north line of said 0.048 acre parcel, a distance of 152.36 feet to the TRUE POINT OF BEGINNING for this description. The above description contains a total area of 0.093 acres, of which 0.000 acres lies within the present road occupied, within Franklin County Auditor's parcel number 273 - 008868. The bearings herein are based on the Ohio State Plane Coordinate System (South Zone) as per NAD 83 (1986 adjustment). Control for bearings was from coordinates of monuments FRANK 73 and FRANK 74, having a bearing of South 73° 57' 18" East, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment. This description was prepared by Brian P. Bingham, Registered Professional Surveyor No. 8438 on December 1, 2014 based on an actual survey performed in the field by American Structurepoint, Inc. and is true and correct to the best of my knowledge American Structurepoint, Inc. 10, Brian P. Bingha Registered Professional Surveyor No. 8438 ° ° ° ° .�Q► ° ° ° ° ° ° ° °� is o ° Q ° e BRIAN P. % BINGHAM 0 �a ` WEI ' 'O, lzllb*,16� Date PROD. NO: 2007.00175 EXHIBIT T" 0.093 ACRES DRAWN BY: BPB EXCHANGE DR, STE 300 TEMPORARY EASEMENT AMERICAN 2550 CORPORATE E ■ STRUCTUREPOINT TEL 614.901.2COLUMBUS, OH 43231 ACQUIRED FROM 235 FAX 614.901.2236 CONNELL Y BRUESHABER CHECKED BY: MTL INC. www.*ucturepoint.com REAL ESTATE HOLDINGS DUBLIN, OHIO PAGE IOF 1 SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED IN QUARTER TOWNSHIP 3, TOWNSHIP 2, RANGE 19, UNITED STATES MILITARY LANDS. LEGEND M MONUMENT BOX FOUND I 3 O_ X w PID: 273 - 008868 CONNELLY BRUESHABER REAL ESTATE HOLDINGS, LLC INST. NO. 201408200108795 PT. LOT 2 DALE CENTER P.B. 58, PG 81 job w o `O BPACO, LLC _1 �co INST. NO. 201306110096423 Q Q:: C� 12.363 ACRES ° Z i T p 16.58' S 78 ° S 490 34' 32" E � I y 54 ., ' 23 E --A 152.32' ° �o o TM x o�j Ld Z 0.093 AC. V N Z �L N 860 52' 52" W 152.36' CITY OF DUBLIN , \ 0. R. 19911 F07 6.67 — 0.048 ACRES S 030 07' 08" W — — — ° N POINT OF PID: 273 - 008860 o BEGINNING HARRISBURG PIKE ° DEVELOPMENT COMPANY o REMAINDER OF 4.083 ACRES S. R. 161 D.B. 3773, PG 589 1934 S.H. 48 Dublin Br. & Appr. 1944 S.H. 558, Sec. A r DUBLIN- GRANVILLE ROAD (S .R . 161) VARIABLE WIDTH R/W CITY OF DUBLIN 518' IRON PIN 2.519 ACRES IN MON. BOX INST. NO. 199911150285244 30' 0' 30' Scale: 1" = 30' BASIS OF BEARING: THE BEARINGS HEREIN ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM SOUTH ZONE AS PER NAD 83 (1986 ADJUSTMENT). CONTROL FOR BEARINGS WAS FROM COORDINATES OF MONUMENTS FRANK 73 AND FRANK 74, HAVING A BEARING OF SOUTH 73° 57' I8" EAST, ESTABLISHED BY THE FRANKLIN COUNTY ENGINEERING DEPARTMENT, USING GLOBAL POSITIONING SYSTEM PROCEDURES AND EQUIPMENT. I HEREB Y CER TIFY THA T THIS DRA WING REPRESEN TS THE RESUL TS OF AN A C TUAL FIEL D SUR VEY OF THE PREMISES PERFORMED BY AMERICAN STRUCTUREPOINT, INC. IN MARCH -APRIL OF 2013. THIS DRAWING IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. 12A BRIAN P. BINGI<M, ?"S. NO. 8438 DA fE AMERICAN STRUCTUREPOINT, INC. ``��1906998���, PEE ®F f V. CO O °0 4 o ° ° Z 13RIAN P. ° o o ° BINGHAM o ° 8438 ° c - a °Q _ ° ° x ell �� "(1agli AL