Loading...
HomeMy WebLinkAbout78-03 OrdinanceRECORD OF ORDINANCES Davton Leeal Blank, Inc. Form No. 30043 Ordinance No. 78-03 Passed , 20. AN ORDINANCE AUTHORIZING THE PURCHASE OF A 0.080 ACRES, MORE OR LESS, FEE SIMPLE INTEREST, A 0.344 ACRES, MORE OR LESS, PERMANENT STORMWATER UTILITY EASEMENT, AND A 0.050 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM THOMAS A. McDOWELL AND THOMAS A. McDOWELL, SUCCESSOR TRUSTEE, FOR THE BENEFIT OF DIANE A. McDOWELL, IN PROPERTY LOCATED ON THE NORTH SIDE OF RINGS ROAD AND THE EAST SIDE OF FRANTZ ROAD, TOWNSHIP OF WASHINGTON, COUNTY OF FRANKLIN, STATE OF OHIO, AND APPROPRIATING FUNDS THEREFOR. WHEREAS, the City of Dublin improved Rings Road between Paul G. Blazer Parkway and Frantz Road to improve related traffic circulation; and WHEREAS, the City of Dublin and Thomas A. McDowell entered into a Right of Entry Agreement to allow the City of Dublin to improve Rings Road while negotiations continued regarding compensation; and WHEREAS, said improvement required the City of Dublin to obtain a fee simple interest, permanent stormwater and other underground utilities easement and temporary construction easement in and to the premises described in the attached Exhibits "A", "B" and "C" located in the Township of Washington, Franklin County, Ohio; and WHEREAS, the City of Dublin and Thomas A. McDowell have reached an agreement as to compensation for the above acquisition; and WHEREAS, it is necessary to amend the annual appropriations ordinance to provide funding authorization for this acquisition, NOW, T EREFORE, 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, permanent stormwater and other underground utilities easement and temporary construction easement in and to the premises located in the Township of Washington, Franklin County, State of Ohio, and more fully described in the legal descriptions attached hereto as Exhibits "A", "B" and "C" are hereby appropriated for the p ublic p urpose o f i mproving R ings R oad b etween P aul G .Blazer Parkway and Frantz Road, pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio. Section 2. There be appropriated from the unappropriated balance in the Rings Road TIF Fund the amount of Forty Seven Thousand Dollars and 00/100 Cents ($47,000.00) to account 426-0314-780-2550 for the purpose of acquiring the easements and right-of--way associated with the Rings Road widening project. Section 3. This ordinance shall take effect and be in force from and after the earliest date permitted by law. Passed this ~ day of , 2003. /~ Presiding Officer ATTEST: Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Sectior, 731.25 of the Ohio Revised Code. D ty Clerk of Council, Dublin, Ohio MEMORANDUM TO: Dublin City Council Jane Brautigam, City Manager FROM: Frank Ciarochi, Director of Development/Assistant City Manager Stephen J. Smith, Law Director DATE: July 2, 2003 RE: Thomas A. McDowell Ordinance 78-03 SUMMARY: In conjunction with the improvement of Rings Road between Paul G. Blazer Parkway and Frantz Road, the City needed to acquire right-of--way and easement from Thomas A. McDowell. The City and McDowell have agreed to the amount of compensation. Ordinance No. 78-03 is for the purchase of the necessary right-of--way and easements required for this project. RECOMMENDATION: Legal Staff recommends approval of this Ordinance. jH03375703 ~ EXHIBIT A -PARCEL 3 WD R[NGS ROAD IMPROVEMENTS, I-270 TO FRANTZ ROAD CITY OF DUBLIN, OHIO DESCRIPTION OF ADDITIONAL RIGHT-OF-WAY Situated in the State of Ohio, County of Franklin, Township of Washington, located in Virginia Military Survey No. 2419 (4852) and being part of a S 1.183 Acre tract owned by Thomas A. McDowell and Allen E. McDowell, Trustee by deed of record in Volume 271 1, Page 676, Auditor's Parcel No. 270-000076, all references being those in the Recorder's Office, Franklin County, Ohio and more particularly described as follows: Commencing at an iron pin at the intersection of Rings Road and Frantz Road at a point 1 I.50 feet right of proposed Rings Road centerline station 76+99.51; thence N 06°32'2]" W a distance of 11.50 feet along the centerline of Frantz Road to proposed Rings Road centerline at PT station 76+99.19; thence along the proposed centerline N 85°06'39" E a distance of 48.37 feet to station 77+47.56; thence N 04°53'21 " W a distance of 58.48 feet to a point 58.48 feet left of station 77+47.56 and the TRUE PLACE OF BEGINNING; thence, N 06°30'25" W along the easterly right of way line of Frantz Road a distance of 23.50 feet to an iron pin set 81.97 feet left of station 77+46.90: thence, S S6°OS' 12" E a distance of 53.41 feet in an iron pin set 48.50 feet left of station 77+88.52; thence, N 85°06'39" E a distance of 147.34 feet to an iron pin set 48.50 feet left of station 79+35.87 thence, S 81°29'10" E a distance of 86.28 feet to an iron pin set 29.82 feet left of station 80+18.71, said pin to be set on the existing northerly right of way line of Rings Road, said line also being the City of Dublin Corporation Line; thence, along said line, S 85°06'39" W a distance of 152.19 feet to a point 28.50 feet left of station 78+67.60; thence, N 80°51'57" W a distance of 123.73 feet to the TRUE PLACE OF BEGINNING containing 0.080 Acres, more or less. The basis for bearing N 85°06'39" E is the Centerline Survey Plat for Rings Road (Co. Road No. 33) from Wilcox Road to Frantz Road, prepared by and available from the Franklin County Engineer's Office. Description prepared in January, 1999 by Franklin D. Blair PS, No. 5676, based on an actual field survey and plans prepared by Barr Engineering, Inc., Columbus, Ohio. Franklin D. Blair, PS #5676 Date .~~;~ v GF ~ .;. ~~,`p .~ , ......... 'S'id D GLAIR • 5676 . 9''•..9~ ~o,•• p , J ~ EXHIBIT EXHIBIT B -PARCEL 3WD THOMAS A. MCDOWELL AND ALLEN E. MCDOWELL, TRUSTEE BEING 0.080 ACRES OF LAND OUT OF A 51.183 ACRE TRACT OF LAND WASHINGTON TOWNSHIP FRANKLIN COUNTY a ~I ~ l I~ 2 ~ ~ I O O ~ l W 2 0 a c ~ _ ~ I 3 U ~-W-co 3 I N ~ I Q ~ ~ ~ x ~ l ' 2 ~ '~ CALL L BEARING ' " -~ 1 11.50 N 6'32 21 W 3 .i ¢ ~u ~ I Q Q W 2 23.50 N 6'30'25 "W OW V 03^e I IPS ~4~ ~ ~o^~ oo~l Q ~ N ~ I ~ ~ n cn W ~ uj Z lu ,; OZ J Z O (Q Uj O I -~ O ~ry Q ~ ' rn ~ ~ ~ ~ IPS 3 LEGEND M o IP -IRON PIN ~ ~ IPS -IRON PIN SET ° I 3WD 0.080 ACRES I ~ BASIS OF BEARING N85'06'39'E IS ADDITIONAL ~ FRANKLIN COUNTY CENTERLINE SURVEY R/GHT-OF-WAY "~ PLAT FOR RINGS ~R{.~40~,Q~1TED DEC. 1994. ~ I ~ ~ •••~~~ O F Oy~o '' . * • 5676 O o= o~ A. •.•• 9F ~P~:' ~ C~ :, '9 GIST J: O P ~ „~S .. • • SJ ~ •,~ •~ W ~ q W BPS ~ ~ DATE ~ B IR~ ~~~ + GISTRAT ON NO 56 6 ~ry h ,0~ ~~ W Q Ex. R W N4'S3 21 "W I (n FIVE EAST LONG STREET, EIGHTH F100R ouurneus o io oasis IPS 2 48 ? ADDITIONAL RIGHT-OF-WAY ~~ P. o.B. ~ ~^ "' RINGS ROAD IMPROVEMENTS FRANTZ RD ol ~ ~' I-270 TO FRANTZ LOAD I CITY OF DUBLIN, OHIO Z , ,I --1 EXHIBIT A -PARCEL 3U RINGS ROAD IMPROVEMENTS, I-270 TO FRANTZ ROAD CITY OF DUBLIN, OHIO DESCRIPTION OF PERMANENT UTILITY EASEMENT Situated in the State of Ohio, County of Franklin, Township of Washington, located in Virginia Military Survey No. 2419 (4852) and being part of a 51.183 Acre tract owned by Thomas A. McDowell and Allen E. McDowell, Trustee by deed of record in Volume 2711, Page 676, Auditor's Parcel No. 270-000076, all references being those in the Recorder's Office, Franklin County, Ohio and more particularly described as follows: Commencing at an iron pin at the intersection of Rings Road and Frantz Road at a point 11.50 feet right of proposed Rings Road centerline station 76+99.51; thence N 06°32'21" W a distance of 1 1.50 feet along the centerline of Frantz Road to proposed Rings Road centerline at PT station 76+99.19; thence along the proposed centerline N 85°06'39" E a distance of 64.46 feet to station 77+63.65; thence N 04°53'21" W a distance of 68.50 feet to a point on the proposed northerly right of way line of Rings Road 68.50 feet left of station 77+63.65 and the TRUE PLACE OF BEGINNING; thence, N 85°06'39" E a distance of 2l 1.35 feet to a point 68.50 feet left of station 79+75.00; thence, S 89°53'09" E a distance of 401.31 feet to a point 45.00 feet left of station 83+75.00; thence, S 04°53'21" E a distance of 15.00 feet to a point 30.00 feet left of station 83+75.00, said point being on the northerly right of way fine of Rings Road, said line also being the City of Dublin Corporation Line; thence, along said line, S 85°06'39" W a distance of 207.18 feet to a point 25.36 feet left of station 81+66.78; thence, N 04°53'22" W a distance of 10.00 feet to a point 35.36 feet left of station 81+66.44; thence, S 85°06'38" W a distance of 147.81 feet to an iron pin set 29.82 feet left of station 80+18.71; thence, N 8] °29'] 0" W a distance of 86.28 feet to an iron pin set 48.50 feet left of station 79+35.87; thence, S 85°06" 39" W a distance of 147.34 feet to an iron pin set 48.50 feet left of station 77+gg.52; thence, N 56°05'12" W a distance of 31.92 feet to the TRUE PLACE OF BEGINNING containing 0.344 Acres, more or less. The basis for bearing N 85°06'39" E is the Centerline Survey Plat for Rings Road (Co. Road No. 33) from Wilcox Road to Frantz Road, prepared by and available from the Franklin County Engineer's Office. Description prepared in January, 1999 by Franklin D. Blair PS, No. 5676, based on an actual field survey and plans prepared by Barr Engineering, Inc., Columbus, Ohio. ~1~~~ ~ ~ PS 2-~-~ ~ Franklin D. Blair, PS #S~f7~E~~ Date ,~~ _ ,,, ~. * ( FRANKLIN '•, D. t3lAIR - '• 5676 :' a '90n '~~~STEP.'•J~.~~ ,I~'~ ~~~~ONA~ S,`P`~ EXHIBIT EXHIBIT B -PARCEL 3U THOMAS A. MCDOWELL AND ALLEN E. MCDOWELL, TRUSTEE BEING 0.344 ACRES OF LAND OUT OF A 51.183 ACRE TRACT OF LAND WASHINGTON TOWNSHIP FRANKLIN COUNTY 2 3 I ti W I _~ r\ 3U N 0.344 ACRES PERMANENT ~ II UTILITY "~ EASEMENT `D 0 . ;~ ~? I d- I I I rn o ~ 3 I I I ~ ~ I I <r I ° -~'- ~o c EI ~ I Q~co o ° ; ~ I ~ C ~ J ~ Uo~Q of IPS I go~~ ~ I Q~N^ N ~~ ~ eZj ~ J ti-~oo I ~ !PS ~ m J ~ I C~ h ~ O I ~ ~ ZI~O ~ i ~ I ~ ~ W 3 U ~W 3 I 0 o W 2 / a ~ q a ~ I P.O.B. h IPS ' ~ ? N4'S3 21 "W ~ Ex. R W 68.50 ;'~ ~ I IPS ~ ~ FRANTZ RD ° `O ~ Z I _ IP CALL L BEARING 1 1 1.50 N 6'32'21 "W 2 15.00 S 4'53'21 'E 3 10.00 N 4'53'22 "W 4 86.28 N81'29'10"W 5 31.92 N56'05' 12 "W I~ I, I~ LEGEND o IP -IRON PIN • !PS -IRON PIN SET BASIS OF BEARING N85'06'39'E IS FRANKLIN COUNTY CENTERLINE SURVEY PLAT FOR RINGS ROAD DATED DEC. 1994. a ~r~.... .,tiro: 'F FLAIR _ 5676 ' :-o'. ice: 9 a~ ~'~ ~~NAL Sv ~`~ /~ Z ~-ry FRANKLIN D. B IR, P.S. DATE REGISTRATION t~0. 5676 EXHIBIT A -PARCEL 3T RINGS ROAD IMPROVEMENTS, I-270 TO FRANTZ ROAD CITY OF DUBLIN, OHIO DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT Situated in the State of Ohio, County of Franklin, Township of Washington, located in Virginia Military Survey No. 2419 (4852) and being part of a 51.183 Acre tract owned by Thomas A. McDowell and Allen E. McDowell, Trustee by deed of record in Volume 2711, Page 676, Auditor's Parcel No. 270-000076, all references being those in the Recorder's Office, Franklin County, Ohio and more particularly described as follows: Commencing at an iron pin at the intersection of Rings Road and Frantz Road at a point 11.50 feet right of proposed Rings Road centerline station 76+99.51; thence N 06°32'21" W a distance of 11.50 feet along the centerline of Frantz Road to proposed Rings Road centerline PT station 76+99.19; thence along the proposed centerline N 85°06'39" E a distance of 52.03 feet to station 77+51.22; thence N 04°53'21" W a distance of 78.50 feet to a point 78.50 feet left of station 77+51,22 and the TRUE PLACE OF BEGINNING: thence, N 85°06'39" E a distance of 223.78 feet to a point 78.50 feet left of station 79+75.00 thence, S 04°53'21" E a distance of 10.00 feet to a point 68.50 feet left of station 79+75.00; thence, S 85°06'39" W a distance of 211.35 feet to a point 68.50 feet left of station 77+63.65; thence, N 56°05'12" W a distance of 15.96 feet to the TRUE PLACE OF BEGINNING containing 0.050 Acres more or less. The basis for bearing N 85°06'39" E is the Centerline Survey Plat for Rings Road (Co. Road No. 33) from Wilcox Road to Frantz Road, prepared by and available from the Franklin County Engineer's Office. Description prepared in January, 1999 by Franklin D. Blair PS, No. 5676, based on an actual field survey and plans prepared by Barr Engineering, Inc., Columbus, Ohio. Franklin D. Blair, PS #5676 Date ~~`~-(E ~O F ~O ~~`~~~ .` ~. ~• FRANKLIN '•. * * ~ D. BLAIR 90,~'fl~GSS 76P~o J~~o: ''~~~n~~nn•• EXHIBIT C EXHIBIT B -PARCEL 3T THOMAS A. MCDOWELL AND ALLEN E. MCDOWELL, TRUSTEE BEING 0.050 ACRES OF LAND OUT OF A 51.183 ACRE TRACT OF LAND , WASHINGTON TOWNSHIP FR4NKLIN COUNTY I ~ I ~~ ~I I i~ I i~ o~`° I ~~~ oWa~ L° I o3^Q I ~~^~ ,cl Q ~ N G0 I ~ CALL L BEARING of I 1 11.50 N06'32'21 "W ~ 4i ~ `~ ~ 2 10.00 S04'S3'21 "E p ~2 Jo WI / ~ 3 15.96 N56'05'12°W Q J' I ~ J 2 2Z / 1114.1 Q W I i ~~ 3T WW W ~ LEGEND 0.050 ACRES o ~ ~ ? o IP -IRON PIN TEMPORARY p ~ o-lo CONSTRUCTION ~ Z q I EASEMENT ~ I ZI ~ o ~ ~ I BASIS OF BE,4RING N85'06'39'E IS ro ~ 3I v O Ev RANKLIN COUNTY CENTERLINE SURVEY N M1 ~ I ~ I ~ LAT FOR RINGS ROAD DATED DEC. 1994. N ~ I ~ O dluunlq ."~~ ~ 4 ( ~ cp ~ FRANKLIN '; ~O O / ~~~j ~ I I O 6 61 R N Op •~ :. ~ .~ C= 2 ~i .< ~ P~'' (~ / I~~'~.,SS~ONAI s~P. ~~, ~/ ''~~1111/1191` ~ ~ SCALE 1 "=40' / I z W ~. % S Z-~-gy FRANKLIN D. BLAIR, P.S. DATE ,~ P.O.B. I REGISTRATION N0. 5676 - N04'S3' 1 "W ~ _ _r Ex. R W 78.5p' S FIVE EAST LONG STREET, EIQHTH FLOOR OLUM~US. OHIO 43215 FRANTZ ROAD ~~~ EMPOR,4RY CONSTRUCTION EASEMEh 1 RINGS ROAD IMPROVEMENTS ~ FRANTZ ROA~ ~P I-270 TO FRANTZ ROAD CITY OF DUBLIN, OHIO SU E DRA CHE KED REVIEW D DATE REVIS